CTFR 18/088,884 CTFR 87732 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 in response to the amendment filed on 11/3/2025. This action is made FINAL. Claims 1, 4-12, 15-19 and 21-25 are pending and they are presented for examinations. Claim Rejections - 35 USC § 112 07-30-01 AIA The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. 07-31-01 Claim(s) 1, 4-12, 15-19 and 21-25 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 (similarly claims 12 and 19) recite: “expected resource utilization information indicates can be contemporaneously executed”. After careful search of the instant application, the examiner was unable to find any disclosure and/or teachings which discloses “expected resource utilization information indicates can be contemporaneously executed”. Claim 4 (similarly claims 15 and 22) recite: “to select the two or more workloads to contemporaneously execute based on data at multiple hierarchical levels of location.” After careful search of the instant application, the examiner was unable to find any disclosure and/or teachings which discloses “to select the two or more workloads to contemporaneously execute based on data at multiple hierarchical levels of location.”. Claims 4-11, 15-18 and 21-25 are rejected based on rejection of its corresponding dependent claim. 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claim(s) 1, 4-12, 15-19 and 21-25 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 (similarly claims 12 and 19) recite: “expected resource utilization information indicates can be contemporaneously executed”. The examiner is unclear how this particular limitation should be interpreted. “expected resource utilization information indicates can be contemporaneously executed”. The examiner is unclear how an indication can be contemporaneously executed. Claim 1 (similarly claims 12 and 19) recite: “per shared resource location of a shared resource”. The examiner is unclear how the term “per” is being used. Is the “per” being used as “for each” or “according to”. For example, if “per” is to be interpreted as “for each”, the examiner is unclear how to identify each of a shared resource. Claim 4 (similarly claims 15 and 22) recites the limitation "the shared resource locations". There is insufficient antecedent basis for this limitation in the claim. The examiner is unclear what “the shared resource locations” are referring to. Claim 4 (similarly claims 15 and 22) recite: “execute based on data at multiple hierarchical levels of location”. The examiner is unclear a location can have multiple hierarchical levels. As per the amended claim, shared resource locations correspond to multiple hierarchical locations at different hierarchical sharing location levels. Claim 5 (similarly claims 16 and 23) recites the limitation "the one or more expected utilization information". There is insufficient antecedent basis for this limitation in the claim. The examiner is unclear what is being referred as “the one or more expected utilization information”. Claim 4(similarly claims 6, 15, 17 and 22) recite: “the current resource utilization”. The repeated used of the limitation “the current utilization” is not consistent with previously established limitation. For example, claim 1 which claim 4 and 6 depends on discloses current resource utilization as being current resource utilization per shared resource location of a shared resource. Claim 4 states “the current resource utilization of currently running workloads at different hierarchical location granularities”, and claim 6 states “the currently resource utilization per location” at each shared location. Therefore, the examiner is unclear how the limitation “the current resource utilization” should be interpreted. Claims 4-11, 15-18 and 21-25 are rejected based on rejection of its corresponding dependent claim. Response to Amendment 07-38 Applicant's arguments with respect to claim s have been considered but are moot in view of the new ground(s) of rejection. Conclusion 07-40 AIA 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONG U KIM whose telephone number is (571)270-1313. The examiner can normally be reached 9:00am - 5:00pm. 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, Bradley Teets can be reached at 5712723338. 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. /DONG U KIM/Primary Examiner, Art Unit 2197 Application/Control Number: 18/088,884 Page 2 Art Unit: 2197 Application/Control Number: 18/088,884 Page 3 Art Unit: 2197 Application/Control Number: 18/088,884 Page 4 Art Unit: 2197 Application/Control Number: 18/088,884 Page 6 Art Unit: 2197 Application/Control Number: 18/088,884 Page 7 Art Unit: 2197
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