Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Detail Action
In the amendment filed on 10/13/2025, claims 1 and 4 were amended.
This is a Final Action.
Response to Arguments
Applicant’s arguments in the remarks, filed 10/13/2025, with respect to 101 rejections have been fully considered and are persuasive. The 101 rejections of claims 1-4 have been withdrawn.
Applicant's 102/103 arguments filed 10/13/2025 have been fully considered but they are not persuasive.
Applicant argued that Tanaka’108 does not teach “setting, for each of the plurality of job execution systems, a determination rule for determining one or more plurality of alternative execution system for the each of the plurality of job execution system.” Applicant specifically argued that Tanaka’ 108’s teaching of “a job queuing server is a computer which determines a priority of a job for completing the job within a user’s desired time limit, searches for a server capable of optimally executing the job, and distribute the job to such a server” does not discloses this limitation. See Applicant’s remarks p9-p11
Examiner disagrees, Tanaka’108s teaching of determination of a priority of a job for completing the job within a user’s desired time limit is the determination rule for determining one or more alternative execution system. See Tanaka’ 108 p0073-p0078. Each individual executive server is an alternative execution system to each other, since each individual server completes the job at different optimal rate; and the job’s priority determines which server is available. (see Tanaka’s 108 p0098-p0099) Therefore, the rule that determines such priority determine which alternative execution system is available for each job.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 and 4 are rejected under 35 U.S.C. 102(a)(1) as being Anticipated by Tanaka’108 US 2004/0205108.
18/044,080
Tanaka’108 US 2004/0205108
Claim 1
[1.P] A job control system of a plurality of computing devices connected via a communication network, comprising:
Tanaka’108 p0017-p0061;
[1.1] job data storage for storing job data indicating a job to be executed;
Tanaka’108 p0022, p0073, p0074, p0097, and 102.
[1.2] a plurality of job execution systems each configured to execute at least a part of the job data stored in the job data storage, wherein each of the plurality of job execution systems is part of a computing device of the plurality of computing device; and
Tanaka’108 p0002, p0010, p0013-p0015, p0022, p0067, p0073, p0074, p0097, and 102.
[1.3] each of the plurality of job execution systems performing operation comprising:
Tanaka’108 p0022, p0073, p0074, p0097, and 102.
[1.4] Executing at least one job relay each associated with a condition; and
Tanaka’108 p0042-p0043;
[1.5] Receiving a job execution request to execute a job and executing the job, wherein the job relay is configured to acquire the job data which is stored in the job data storage, and satisfies the condition associated with the job relay,
Tanaka’108 p0042-p0043; Tanaka distribution of job to a server, p0076;
[1.6] Wherein the job relay is configured to output a job execution request in accordance with the acquired job data to one of the plurality of job execution systems in which the job relay is included, and
Tanaka’108 p0042-p0043; p0076;
[1.7] the job control system performing operations comprising:
Tanaka’108 p0071, p0083,
[1.8] Setting, for each of the plurality of job execution systems, a determination rule for determining one or a plurality of alternative execution systems for the each of the plurality of job execution systems,
Tanaka’108 p0042-p0043; p0076;
[1.9] Executing control so that, in response to occurrence of a predetermined event in one of the plurality of job execution systems, the job relay executed in the one of the plurality of job execution systems is executed by one or a plurality of other job execution systems which are the alternative execution systems determined in accordance with determination rule set or the one of plurality of job execution systems.
Tanaka’108 p0042-p0043; p0076;
Claim 2
The job control system according to claim 1, wherein setting the determination rule comprises setting for each of the plurality of job execution systems, a priority of a job execution system different from the each of the plurality of job execution systems as the alternative execution system for the each of the plurality of job execution systems, and wherein control so that, in response to occurrence of a predetermined event in one of the plurality of job execution systems, the job relay executed in the one of the plurality of the job execution systems is executed by one or a plurality of other job execution systems which are the alternative execution systems determined based on the priority set for the one of the plurality of the job execution systems.
Tanaka’108 p0073, and p0094-p0105;
As per claim 4 is rejected under the same rationale as claim 1. See rejection above.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka’108 US 2004/0205108 in view of Nagar US 2021/0097434.
18/044,080
Tanaka’108 US 2004/0205108 in view of Nagar US 2021/0097434
Claim 3
The job control system according to claim 1 wherein the job data is linked to location data indicating a location, wherein the job relay is associated with the location, and wherein the job relay is configured to acquire the job data which is stored in the job data storage, and is linked to the location data indicating the location associated with the job relay.
Nagar teaches associate location with job relay. (see Nagar p0083)
It would have been obvious at the time of the invention for a person ordinary skill in the art (POSITA) to include Tanaka’234’s teaching with method of Tanaka’234 in order to find the most efficient server.
Related Prior Art
Here is a list of system relates to Job distribution:
Sekizawa US Publication 2021/0141667: A computer-implemented method, a computer program product, and a computer system for efficient use of computing resources in two stage training of a deep learning model. A computer executes a first first-stage training job to train a deep learning model. The computer finishes the first first-stage training job by using early stopping and then registers a first second-stage training job to train a deep learning model that has been trained in the first first-stage training job. The computer executes the first second-stage training job with a small number of epochs. The computer interrupts the first second-stage training job and executes a second first-stage training job, in response to receiving a registration of the second first-stage training job. The computer interrupts the first second-stage training job and executes a second second-stage training job that has a higher priority, in response to receiving a registration of the second second-stage training job.
Obara et al. US Publication 2017/0344501: An electronic device includes a CPU that executes the process execution program to function as a plurality of process execution units as threads and an execution control unit. The plurality of process execution units use the CPU to execute a process. The execution control unit controls executing of the process by the plurality of process execution units. The execution control unit sets a CPU usage priority level for each of the plurality of process execution units. The execution control unit changes the CPU usage priority level of the job of a type other than a specific type to a priority level that is equal to or less than a specific priority level, when the job of the specific type and the job of the type other than the specific type are simultaneously executed.
Liberty US Patent US 11,537,439: Techniques for intelligent compute resource selection and utilization for machine learning training jobs are described. At least a portion of a machine learning (ML) training job is executed a plurality of times using a plurality of different resource configurations, where each of the plurality of resource configurations includes at least a different type or amount of compute instances. A performance metric is measured for each of the plurality of the executions, and can be used along with a desired performance characteristic to generate a recommended resource configuration for the ML training job. The ML training job is executed using the recommended resource configuration.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PENG KE whose telephone number is (571)272-4062. The examiner can normally be reached M-F 6:30-5:00.
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PENG KE
Primary Examiner
Art Unit 2194
/PENG KE/Primary Examiner, Art Unit 2194
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