Appeal 2007-0261
Application 09/915,070
and comparing the present characteristics of a device with past
characteristics of the same device. We are somewhat perplexed by this
argument since the reference deals entirely with monitoring data
traffic/activity/use or utilization of a network as disclosed and to do so in a
manner independent of any devices that may operate at any point on the
network.
Columns 1 and 2 of Waclawsky indicate to the artisan monitoring
the use or the activity of various types of networks and network protocols to
include monitoring nodes which are clearly indicative of various paths that
may exist within the network. Also, it is noted that the reference teaches of
load balancing and load distribution and the modification of network
routings based upon these determinations. Even the abstract relates to
benchmarks which may be customized as shown in figure 1A-1 as well as
being based upon historical data in figure 1A-2 which relates to previously
monitored values either or both of which are utilized in compare operations
to determine use or utilization of parts or the whole network.
The reference contains extensive and comprehensive teachings
relating to these features as well as the presentation of indications of
network activity as generally shown in the two parts of figure 1B. The two
parts of figure 1A illustrate the ability to pick various time frames or time
periods. The various parts of figure 6 relate to real time monitoring
operations, whereas figures 9 and 10 relate to various types of logical
benchmarking activities to include time frame settings, autolog triggers and
benchmark triggers and certain conditional controls. On the basis of even
this cursory review of certain portions of Waclawsky, the Examiner appears
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