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 .
DETAILED ACTION
Claim Rejections - 35 USC §103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim/s 1, 2, 4, 7, 8, 9, 10, 12, 15, 16, 17, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poddar (Pub. No. US 2022/0350642) in view of Chen (Pub. No. US 2019/0266259).
Claim 1, 9, 16 Poddar teaches “if executed by one or more processors, cause the one or more processors to: prior to execution of a container on a compute node, store at least one image block into … a … storage system ([0107] The new set of container images may comprise images of containers corresponding to new versions of the set of services. The new set of container images may be stored within the container repository 614. [0093] During operation 404 of method 400 of FIG. 4, the service agent 620 may retrieve a set of container images from a container repository 614 of container images. The service agent 620 may retrieve the set of container images from the container repository 614 of container images based upon the set of container images corresponding to images of containers of the set of services that are to be deployed within the cluster by the service agent 620. In this way, the service agent 620 acquires the chart package and the set of container images that can be used to deploy the set of services to the cluster)”.
However, Poddar may not explicitly teach the details of the container image repository.
Chen teaches “… store at least one image block into at least one tier of storage of a hierarchical storage system based on priority of the at least one image block, wherein the at least one image block comprises at least one portion of an image of the container ([0009] Some examples of the present disclosure overcome one or more of the abovementioned issues by (i) determining a score for each layer of an image based on the usage (e.g., popularity, accesses, or downloads) of that layer, the image, or both; and (ii) storing each layer at a particular storage destination based on the layer's score. Higher-scoring layers can be stored in storage destinations that have higher performance characteristics, such as faster input/output times, fewer input/output errors, etc. Examples of storage destinations with higher performance characteristics can include solid state drives (SSDs) and local hard drives. Additionally or alternatively, lower-scoring layers can be stored in storage destinations that have lower performance characteristics. [0014] The server 104 can determine scores 114 for the layers 112a-n of an image 108a. [0023] FIG. 3 is a block diagram of another example of a system 300 for managing container-image layers according to some aspects.)”.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Chen with the teachings of Poddar in order to provide a system that teaches details of storing images. The motivation for applying Chen teaching with Poddar teaching is to provide a system that allows for improved used of storage resources. Poddar, Chen are analogous art directed towards containerized environments. Together Poddar, Chen teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Chen with the teachings of Poddar by known methods before the effective filing date of the claimed invention and gained expected results.
Claim 2, 10, 17, the combination teaches the claim, wherein Poddar teaches “the computer-readable medium of claim 1, wherein the priority of the at least one image block is based at least in part on: access frequency of the at least one image block ([0009] By storing higher-scoring layers in storage destinations with higher performance characteristics, more-frequently accessed layers can be kept more highly available (e.g., more quickly accessible with fewer errors).), sequence of access of the at least one image block, and/or number of containers that access the at least one image block”.
Rationale to claim 2 is applied here.
Claim 4, 12, 19 the combination teaches the claim, wherein Chen teaches “the computer-readable medium of claim 1, comprising instructions stored thereon, that if executed by one or more processors, cause the one or more processors to: based on a first level of priority of the at least one image block, store the at least one image block into a memory device accessible to the compute node and based on a second level of priority of the at least one image block, store the at least one image block into a storage device accessible to the compute node ([0029] After determining the scores 308a-b, the processing device 302 can determine that the first score 308a corresponds to a first storage destination 310a among multiple possible storage destinations 310. Additionally or alternatively, the processing device 302 can determine that the second score 308b corresponds to a second storage destination 310b among the multiple possible storage destinations 310.)”.
Rationale to claim 1 is applied here.
Claim 7, the combination teaches the claim, wherein Chen teaches “the computer-readable medium of claim 1, wherein the hierarchical storage system comprise memory and/or storage devices and the hierarchical storage system comprises shared storage tiers ([0021] At a subsequent point in time, the client device 102 may request the image 108a. The server 104 can respond to the request by retrieving the layers 112a-n for the image 108a from the various storage destinations (e.g., storage destination 122a, 122c, and 122d) and routing the layers 112a-n to the client device 102. [0010] As a particular example, an image can have a first layer that is shared with another image and a second layer that is not shared with any other images. Because the first layer is shared with another image, the first layer may be more frequently used than the second layer.)”.
Rationale to claim 1 is applied here.
Claim 8, the combination teaches the claim, wherein Chen teaches “the computer-readable medium of claim 1, wherein an orchestrator is to cause the store at least one image block into at least one tier of storage of a hierarchical storage system based on priority of the at least one image block ([0010] As a particular example, an image can have a first layer that is shared with another image and a second layer that is not shared with any other images. Because the first layer is shared with another image, the first layer may be more frequently used than the second layer. In some examples, a computing device can determine that the first layer has a first score and the second layer has a second score that is less than the first score, because the second layer is less frequently used than the first layer. The computing device can determine that the first score corresponds to a local (e.g., higher performance) storage destination and the second score corresponds to a remote (e.g., lower performance) storage destination.)”.
Rationale to claim 1 is applied here.
Claim 15, the combination teaches the claim, wherein Poddar teaches “the apparatus of claim 9, wherein the function comprises one or more of: an application, microservice, virtual machine (VMs), microVM, or container ([0107] image container).
Claim/s 3, 11, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poddar, Chen
In view of Suarez (Pub. No. US 2017/0177877).
Claim 3, 11, 18 the combination may not explicitly teach the limitation.
Suarez teaches “the computer-readable medium of claim 2, wherein the access frequency of the at least one image block and sequence of access of the at least one image block are based on at least one prior execution of the container ([0096] Similarly, the system of the present disclosure may track the container image that is downloaded and launched by customers, and may track, such as via an agent like the agent 206 of FIG. 2 or via scheduler of the type described in U.S. patent application Ser. No. 14/538,663, incorporated by reference herein, which software applications are currently running container instances, when they run, and how often they are run. Using this data, the system may predict that if an update is made to a container image corresponding to a long-running (e.g., the application corresponding to the container image runs continuously, on average, for multiple days or some other threshold period) and/or frequently-running application (e.g., the application corresponding to the container image is launched, on average, multiple times per day, or some other threshold frequency), that the updated container image or the particular container image layers corresponding to the application should be cached in preparation of an update to the long running and/or frequently running application. If previous history indicates that the customer 1066B typically performs deployment at a particular time of day or day of week (e.g., midnight on Saturday), intelligent caching may make efficient use of memory resources by only loading the layers necessary for the deployment just in time (JIT) for (e.g., one minute prior to deployment time) the predicted deployment time. Caching strategies additionally or alternatively could include a least-recently used caching (LRU) strategy, a hit-based strategy, pre-fetching, and various combinations of strategies described above. Note that it is contemplated that various other cache optimization strategies alternative or in addition to those described may be used.)”.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Suarez with the teachings of Poddar, Chen in order to provide a system that teaches details of sequence of accesses. The motivation for applying Suarez teaching with Poddar, Chen teaching is to provide a system that allows for design choice. Poddar, Chen, Suarez are analogous art directed towards containerized environments. Together Poddar, Chen, Suarez teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Suarez with the teachings of Poddar, Chen by known methods before the effective filing date of the claimed invention and gained expected results.
Claim/s 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poddar, Chen
In view of Bhat (Pub. No. US 2017/0277524).
Claim 5, the combination may not explicitly teach the limitation.
Bhat teaches “the computer-readable medium of claim 1, comprising instructions stored thereon, that if executed by one or more processors, cause the one or more processors to: determine time to retrieve the at least one image block into a memory of the compute node for execution of the image block ([0053] Embodiments of the present invention provide a technical solution to this technical limitation of container technology by allowing the creation of adaptable self-configuring container images that determine, at deployment time, which layers to deploy. Such conditional image files select which layers to deploy as a function of a state of a condition at the time the container is deployed by means of a method of parallel layers. Such parallel layers share a common stack level in an image file, but when that image file is used to deploy a container, only one parallel layer is selected for each level, such that the deployed instance of the container comprises one layer per level.)”.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Bhat with the teachings of Poddar, Chen in order to provide a system that teaches a deployment time. The motivation for applying Bhat teaching with Poddar, Chen teaching is to provide a system that allows for design choice. Poddar, Chen, Bhat are analogous art directed towards containerized environments. Together Poddar, Chen, Bhat teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Bhat with the teachings of Poddar, Chen by known methods before the effective filing date of the claimed invention and gained expected results.
Claim/s 6, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poddar, Chen
In view of Guo (Pub. No. US 2019/0196846).
Claim 6, 14 the combination may not explicitly teach the limitation.
Guo teaches “the computer-readable medium of claim 5, comprising instructions stored thereon, that if executed by one or more processors, cause the one or more processors to: determine one or more candidate compute nodes based on hardware and/or software parameters of the container and select the compute node to execute the container from among the determined one or more candidate compute nodes ([0137] With this configuration, a more appropriate information processing apparatus may be selected as a deployment destination for a container including a program that executes a process using the device. [0138] The resource condition may be a condition regarding an apparatus resource or an apparatus performance of the information processing apparatus that are necessities for the deployment target container. [0139] With this configuration, a more appropriate information processing apparatus may be selected as the deployment destination for a container including a program dependent on the resource or the performance of the information processing apparatus.)”.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Guo with the teachings of Poddar, Chen, Bhat in order to provide a system that teaches selecting a destination. The motivation for applying Guo teaching with Poddar, Chen, Bhat teaching is to provide a system that allows for design choice. Poddar, Chen, Bhat, Guo are analogous art directed towards deployment of software. Together Poddar, Chen, Bhat, Guo teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Guo with the teachings of Poddar, Chen, Bhat by known methods before the effective filing date of the claimed invention and gained expected results.
Claim/s 13, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poddar, Chen
In view of Wang (Pub. No. US 2024/0220293).
Claim 13, 20, the combination may not explicitly teach the limitation.
Wang teaches “the apparatus of claim 9, comprising instructions stored on the at least one memory, that if executed by the at least one processor, cause the at least one processor to: calculate time to retrieve the at least one image block into a memory of the compute node for execution of the function and select the compute node to execute the function to reduce a calculated time to retrieve the at least one image block ([0082] For example, a download source may be selected based on the time required for the deployment destination to perform downloading from the image file storage node. As a result thereof, it is possible to shorten the time required for until the completion of creating a network service providing environment in the deployment destination. For example, when there are one or more image file storage nodes, the download time may be estimated from each image file storage node, and based on this estimated result, one of the image file storage nodes may be selected as the download source. The download time may be estimated, for example, based on previous communication history or communication traffic. Alternatively, if the distance between an image file storage node and a deployment destination is small enough to be negligible, it may be simply considered that the download time is shorter when there is less communication traffic. Therefore, a download source may be selected based on the communication traffic. Note that a measurement result of communication traffic is obtained from the traffic management apparatus 400.)”.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Guo with the teachings of Poddar, Chen, Bhat in order to provide a system that teaches selecting a destination. The motivation for applying Guo teaching with Poddar, Chen, Bhat teaching is to provide a system that allows for design choice. Poddar, Chen, Bhat, Guo are analogous art directed towards deployment of software. Together Poddar, Chen, Bhat, Guo teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Guo with the teachings of Poddar, Chen, Bhat by known methods before the effective filing date of the claimed invention and gained expected results.
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 therejections under this section made in this Office action: A person shall be entitled to a patent unless -
(a)(2) the claimed invention was described in a patent issued under section 151, or in anapplication for patent published or deemed published under section 122(b), in which the patent orapplication, as the case may be, names another inventor and was effectively filed before the effectivefiling date of the claimed invention.
Claim 21 is rejected under 35 U.S.C. 102(a)(2) as being unpatentable by Glikson (Pub. No. US 2011/0145816).
Claim 21, Glikson teaches “a non-transitory computer-readable medium comprising instructions stored thereon, that if executed by one or more processors, cause the one or more processors to: in response to a request to boot a virtual execution environment, select a node to create an instance of the virtual execution environment based on storage locations of virtual execution environment image segments ([0028] To summarize, deploying a VM on a temporary host 122 (i.e., a host that is local or in close proximity to an image of the VM) desirably allows for fast deployment of the VM obviating the need to wait for the VM to be copied and deployed to a remotely located destination host. If the temporary host supports instant deployment, the deployment may be immediate. Migrating the VM from a source environment (e.g., the computing system 120 to a destination environment (e.g., the computing system 110) desirably supports fast processing of service requests submitted by the destination host 112, in addition to fast deployment of the VM.)”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYNUEL S AQUINO whose telephone number is (571)272-7478. The examiner can normally be reached 9AM-5PM EST M-F.
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/WYNUEL S AQUINO/Primary Examiner, Art Unit 2199