Prosecution Insights
Last updated: August 16, 2026
Application No. 18/028,942

A SYSTEM AND METHOD FOR MANAGING DIFFERENT APPLICATIONS USING CLOUD SERVICES

Final Rejection §103
Filed
Mar 28, 2023
Priority
Oct 22, 2020 — EU 20203387.4 +1 more
Examiner
POUDEL, SANTOSH RAJ
Art Unit
2115
Tech Center
2100 — Computer Architecture & Software
Assignee
Vito N.V.
OA Round
4 (Final)
76%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
439 granted / 574 resolved
+21.5% vs TC avg
Strong +32% interview lift
Without
With
+32.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
34 currently pending
Career history
604
Total Applications
across all art units

Statute-Specific Performance

§101
10.9%
-29.1% vs TC avg
§103
50.7%
+10.7% vs TC avg
§102
13.6%
-26.4% vs TC avg
§112
19.2%
-20.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 574 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This Office action is responsive to the communication filed on 06/11/2026. The claim(s) 1-15 is/are pending, of which the claim(s) 1 & 14 is/are in independent form. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Response to Arguments Applicant’s arguments, filed on 06/11/2026 & 02/05/2026, with respect to independent claims 1 & 14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. While, US 20060195476 A1 to Nori is relied on in this Office action, this reference is not relied on to the limitations that was argued during the amendment filed on 02/05/2026 for the limitation of “a configuration portal communicatively coupled to the cloud-based platform and configured to enable configuration of parameters to associate each of the plurality of applications with a respective environment”. Specifically, newly discovered Zhang (US 20140040999 A1) is relied on for limitations that are challenged and Nori is relied on to cure Zhang’s deficiency as set forth below. Claim Interpretation In response to the amending of “a configuration unit” (claim 1) to the “configuration portal”, the outstanding claim interpretation accordance to 112(f) (see page 4, Office action mailed on 03-11-2026) has been rendered moot, and therefore has been is withdrawn. Claim Rejections - 35 USC § 103 Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20140040999 A1) in view of Nori et al1. (US 20060195476 A1). Regarding claim 1, Zhang teaches a system [“a cloud-based system configured to provide a hybrid, multi-tenancy cloud platform] for managing different applications [“a cloud-based service provider may host services such as various applications,” wherein “application execution may be managed through multiple virtual machines 104”] related to (direct/indirect) energy flexibility management [“needing moderate security and with general service provisioning, for example online retail service providers” can encompass building energy/utility providers as can be clear to PHOSITA since banking and retailers are merely exemplary and are not limited in Zhang’s system] using cloud services [“a desired security level for a tenant of a cloud service”], comprising: ([007, 021-022, 032, 063]); [a] a cloud-based platform [physical datacenter 102] configured to store and concurrently execute a plurality of applications [virtual machines/applications of the tenants of the datacenter] related to energy management ([007, 022, 032]); [b] a data store [one of the data store from “data stores 104, 114, and 118” that has “shared databases but separate schemas for each tenant” like in cloud 238 or “moderate security sub-cloud 330”] communicatively coupled to the cloud-based platform wherein each of the plurality of applications [“applications” are managed through “multiple virtual machines 104s” for different tenants or customers of the datacenter] has access to the data store, wherein the data store is configured to store data which the plurality of applications use for operation ([022, 024, 026, 030]); [c] a configuration portal [a portal/input used by the tenant to make/choose “a change of the desired security level of an application” since “security needs of an existing tenant or an existing tenant application change”] communicatively coupled to the cloud-based platform and configured to enable configuration of parameters to associate each of the plurality of applications with a respective environment [“levels of security”, e.g., first level, second level, or third level can be changed] ([031, 037, 058-059, 062]); [b1] [b2] wherein the data store is further configured to store shared data [“comprising one or more shared data stores for a group of tenants” and their service applications], said shared data being accessible by at least a first application and at least one further application of the plurality of applications, in response to said first application and further application being associated with a same environment [same medium level/group of the security having tenant’s applications can share data store 238] ([026] Claim 1). In sumamry, Zhang teaches multi-tenancy cloud platforms for managing data to be used by different cloud based applications/servers owned by different tenants. Zhang further teaches a more secure architecture (item 220) where pluralities of applications (of tenants 1- tenants 3) use specific/private data store (items 222- 223) to achieve strong security measures (like in cloud 220) regardless of the cost and a less secured architecture (like in cloud 230) where different applications can share a single data store 238 to lower the cost for the cloud resources ([003-004, 0020]). However, Zhang fails to teach a (same) datastore (like cloud 230 of fig. 2) to store both the non-shared data and shared data type of the architecture as claimed and shown above with strikethrough emphasis. That is, Zhang fails to teach a configuration where the data store is configured to store non-shared data used by different applications of the plurality of applications, the non-shared data being accessible by only a single application of the plurality of applications. Nori teaches a system comprising a cloud-based platform configured to store and concurrently execute a plurality of applications [e.g., applications 1202/1102 and 1204/1106, analogous to applications/VMs of Zhang] and a data store [“a store 1206 within its own machine/process boundary 1208”] communicatively coupled to the cloud-based platform wherein each of the plurality of applications has access to the data store, wherein the data store is configured to store data which the plurality of applications use for operation (Figs. 12, 22, [0181, 0323]). Specifically, Nori teaches wherein the data store [“a store 1206”] is configured to store non-shared data [“shared data”] used by different applications of the plurality of applications, the non-shared data [private data 1210 & 1212 as shown in fig. 12 is available for only respective application] being accessible by only a single application of the plurality of applications and shared data, said shared data [shared data between for App1 and App2] being accessible by at least a first application and at least one further application of the plurality of applications (Fig. 12, [0173-20181, 0323]). In summary, Nori teaches that using a same data store 1206 with a shared data and non-shared data for different applications was already known before the filing of this application. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have (1) combined Nori and Zhang because they both related to a same technological area, namely cloud platform to execute pluralities of independent applications sharing a data store and (2) modified the system/method of Zhang to have its shared datastore (like “a data store 238” of Zhang) to further store some of the non-shared data used by different applications, the non-shared data being accessible by only a single application of the plurality of applications as in Nori. Doing so would allow the datacenter of Zhang to offer more flexibilities to its tenants on selecting cloud services that provide further balance between security and resource cost (Nori, [0174, 0180] & Zhang [0031]). That is, doing so would minimize the number of high-security sub-clouds needs in Zhang’s system in situation where some tenants have very small portion of the data (e.g., “to store its configuration data”) that needs to be made private while remaining data portion can be made non-private in order to lower the cost (Nori [0174] & Zhang [0031]). Accordingly, Zhang in view of Nori teaches each element of the claim and renders invention of this claim obvious to PHOSITA. Regarding claim 2, Zhang in view of Nori further teaches the system according to claim 1, wherein the cloud-based platform includes a communicative interface unit [the communication lines/wires for applications 1 to 3 of boundary 1102, boundary 1104, and boundary 1006 allow passing of data from application 1 to application 2 or application 3 depending on security/constraints level] for enabling communication of the first application with the at least one further application of the plurality of applications belonging to the same environment as the first application (Nori, fig. 11-12 & associated texts, [0171-0172]). Nori teaches missing details for Zhang about how its various virtual machines/applications providing services to different users can communicate each other and send/receive data to the datastore to perform their respective functions. Regarding claim 3, Zhang in view of Nori further teaches the system according to claim 2, wherein the communicative interface unit is configured to provide a direct communication [the Apps of Nori (analogous to Zhang’s applications for each tenant) have access to the datastore 1110/1206 using the wire] between the plurality of applications and the data store (Nori, fig. 11-12 & associated texts). Regarding claim 4, Zhang in view of Nori teaches the system according to claim 1, wherein at least a first module [subset of the shared data between different tenant’s virtual machines] of the first application is accessible by the at least one further application of the plurality of applications belonging to the same environment [having similar security level needs] as the first application (Zhang [026, 031], Nori [0323]). Regarding claim 5, Zhang in view of Nori teaches the system according to claim 1, wherein modules of the plurality of applications define data streams [data used/generated by/for “number of clients” of each tenant], wherein a first data stream of the first application is accessible by the at least one further application of the plurality of applications belonging to the same environment [same security level] as the first application (Zhang [024, 031] & Nori [0181]). Regarding claim 6, Zhang in view of Nori teaches the system according to claim 1, wherein at least the first application and the at least one further application [VM/application for the 2nd tenant] of the plurality of applications belonging to the same environment [same level of the security need can share same database] as the first application have communicatively coupled data streams (Zhang [024-026] & Nori [023, 0181]). Regarding claim 7, Zhang in view of Nori teaches the system according to claim 6, wherein the data streams are communicatively coupled [shared database/data store allows sharing of the data of multiple clients] through the data store (Zhang [024- 026]) Regarding claim 8, Zhang in view of Nori teaches the system according to claim 4, wherein the first module [subset of the data for each tenant having same level of security can be used by service of another tenant having same level of security] of the first application is re-usable by the at least one further application of the plurality of applications belonging to the same environment as the first application (Zhang [024-026] & Nori [0181]). Regarding claim 9, Zhang in view of Nori teaches the system according to claim 1, wherein the system is configured to process data access requests from the plurality of applications based on data management contracts [the tenants of “tenant or a customer of the cloud-based service” are well-known to have contracts to provide desired level of data security and data access rules with the cloud-service provider] associated to each of the plurality of applications (Zhang [020-023]). Regarding claim 10, Zhang in view of Nori teaches the system according to claim 1, wherein the data store is configured to provide concurrent [Zhang’s and Nori’s systems clearly show their applications have access to the datastore/database at the same/overlapping time] access of each of the plurality of applications to data stored therein (Zhang [020, 024], Nori Fig. 12). Regarding claim 11, Zhang in view of Nori teaches the system according to claim 1, wherein the data store is integrated in the cloud-based platform (Zhang Fig. 1-3 clearly show that the data store is in cloud but not in client side). Regarding claim 12, Zhang in view of Nori teaches the system according to claim 1, wherein the configuration portals configured to provide a user interface [providing of user interface would have been obvious in Zhang in view of Nori to easily allow user to implement “existing tenant application change”] enabling users to configure parameters of at least a subset of the plurality of applications (Zhang [037]). Regarding claim 13, Zhang in view of Nori teaches the system according to claim 1, wherein the applications related to energy flexibility management concern at least one of: a heating, ventilation, and/or air conditioning application [“a cloud-based service provider may host services such as various applications” cover various kinds of applications including HVAC or air conditioner monitoring application depending on the type of the tenant(s)/enterprise customer that participate in the service of Zhang.], a temperature management application, a lighting application, a control of electronic and/or electric devices application, a control of storage devices application, a charging of electric vehicles application, an energy conversion application, a thermal energy storage application, or an electrical energy storage application [PHOSITA would understand Zhang’s customers/tenants can be power suppliers/utilities in addition to banking customers] (Zhang, [003, 022]). Regarding claims 14- 15, Zhang in view of Nori teaches/suggests claimed a computer-implemented method and a non-transitory computer readable storage medium of these claims for the similar reasons set forth above in system claim 1. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 1) Makhervaks (US 20160072817 A1) teaches a system that restrict the communication between the compute nodes 101 having multiple virtual machines (applications) and the data store (nodes 102) ([037], fig. 1). Contacts Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANTOSH R. POUDEL whose telephone number is (571)272-2347. The examiner can normally be reached Monday - Friday (8:30 am - 5:00 pm). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini Shah can be reached at (571) 272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SANTOSH R POUDEL/ Primary Examiner, Art Unit 2115 1 Cited in Office action mailed on 07/23/2025. 2 [0181] Continuing with FIG. 12, there is illustrated a machine/process boundary 1202 with an application that interacts with an API and a CDP runtime and a machine/process boundary 1204 with an application that interacts with an API and a CDP runtime. For the sake of brevity, only two applications are illustrated, but it is to be appreciated that any number of applications can access shared data 1210 and/or access respective private data (e.g., application 1, private data 1210; and application 2, private data 1212) within a store 1206 within its own machine/process boundary 1208.
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Prosecution Timeline

Show 1 earlier event
Jul 23, 2025
Non-Final Rejection mailed — §103
Oct 23, 2025
Response Filed
Nov 10, 2025
Final Rejection mailed — §103
Feb 05, 2026
Request for Continued Examination
Feb 12, 2026
Response after Non-Final Action
Mar 11, 2026
Non-Final Rejection mailed — §103
Jun 11, 2026
Response Filed
Aug 06, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+32.3%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 574 resolved cases by this examiner. Grant probability derived from career allowance rate.

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