Prosecution Insights
Last updated: May 04, 2026
Application No. 18/128,236

AUTOMATED SYSTEM FOR COLLECTING, STORING, SEARCHING, AND CORRELATING METRICS, LOG MESSAGES AND TRACES OF A DISTRIBUTED APPLICATION

Non-Final OA §101
Filed
Mar 30, 2023
Priority
Jan 16, 2023 — IN 202341003136
Examiner
SUN, CHARLIE
Art Unit
2198
Tech Center
2100 — Computer Architecture & Software
Assignee
VMware, Inc.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
443 granted / 487 resolved
+36.0% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
21 currently pending
Career history
508
Total Applications
across all art units

Statute-Specific Performance

§101
15.8%
-24.2% vs TC avg
§103
39.9%
-0.1% vs TC avg
§102
10.1%
-29.9% vs TC avg
§112
24.6%
-15.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 487 resolved cases

Office Action

§101
DETAILED ACTION In light of compact prosecution, applicant was contacted on 9/3/2025 for a potential proposal but applicant’s phone appears to be disconnected. This OA is thus issued. 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 . Allowable Subject Matter Claims 6-8 are allowed. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-5, and 9-13 are rejected under 35 U.S.C. 101. The claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter. As per claim 1, a forwarder, an ingestion engine, and a user interface (under BRI) can be SW per se because spec is silent on definitions of these terms. Applicant is encouraged to claim HW constructs such as a processor/memory to overcome this rejection. Claims 2-5 also do not add any HW components, and are rejected for the same reason. As per claim 9, see rejection on claim 1. Claims 10-13 also do not add any HW components, and are rejected for the same reason. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 9697104 teaches a method of using an identifier with transaction and traces. US 11700192 teaches a method of using a span identifier. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLIE SUN whose telephone number is (571)270-5100. The examiner can normally be reached 9AM-5PM. 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, April Blair can be reached at (571) 270-1014. 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. /CHARLIE SUN/Primary Examiner, Art Unit 2196
Read full office action

Prosecution Timeline

Mar 30, 2023
Application Filed
Sep 05, 2025
Non-Final Rejection — §101 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12608222
System for the Remote Execution of Applications
3y 0m to grant Granted Apr 21, 2026
Patent 12596586
MANAGING STATE OF DISTRIBUTED CLOUD ENVIRONMENT IN PEER-TO-PEER NETWORK
3y 5m to grant Granted Apr 07, 2026
Patent 12596577
RESOURCE PROVISIONING
3y 2m to grant Granted Apr 07, 2026
Patent 12596587
CLOUD DISTRIBUTED DATABASE CAPACITY PLANNING AND ADJUSTMENT USING TIME-SERIES DATA ANALYSIS
3y 1m to grant Granted Apr 07, 2026
Patent 12596588
Edge Computing Method and System, Edge Device and Control Server
3y 0m to grant Granted Apr 07, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+12.3%)
2y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 487 resolved cases by this examiner. Grant probability derived from career allowance rate.

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