Prosecution Insights
Last updated: July 15, 2026
Application No. 18/228,797

DETERMINING OPERAND SHAPE BASED ON INTROSPECTION OF REMOTE RESOURCES

Non-Final OA §103
Filed
Aug 01, 2023
Examiner
TANG, KENNETH
Art Unit
2197
Tech Center
2100 — Computer Architecture & Software
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
691 granted / 781 resolved
+33.5% vs TC avg
Strong +20% interview lift
Without
With
+19.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
11 currently pending
Career history
797
Total Applications
across all art units

Statute-Specific Performance

§101
3.5%
-36.5% vs TC avg
§103
86.2%
+46.2% vs TC avg
§102
4.0%
-36.0% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 781 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 . Claims 1-20 are presented for examination. Claim Objections Claims 5, 12, and 18 are objected to because of the following informalities: The phrase “comprises determine” is grammatically incorrect. Appropriate correction is required. 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. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over KIRMSE (US 2022/0374284 A1) in view of Wennerstrom et al. (hereinafter WENNERSTROM) (US 2022/0158926 A1). As to claim 1, KIRMSE teaches a computer-implemented method, comprising: receiving, by an operator (operator or Kubernetes operator or Extendable custom resource controller 308) in a container orchestration system (Kubernetes container orchestration), a custom resource (Kubernetes custom resources or Extendable custom resource 304) of the operator (Abstract; [0013]-[0014]; [0022]; [0041]; Figs 3-6); retrieving, by the operator (file management by the operator component), a resource file specified in the custom resource ([0013]; [0038]; [0046]); analyzing, by the operator, remote resources in the resource file (extension points) ([0052]; [0046]); determining, by the operator, additional resources (extension custom resources or Extension custom resources 310A and 310B) based on the analyzing the remote resources (detecting extension points and creating a corresponding extension custom resource involving a Kubernetes API server; update the base custom resource with a status for the corresponding extension custom resource) ([0016]-[0017]; [0032]-[0034]; [0037]; [0052]-[0053]; Figs 3-6); and deploying, by the operator, an operand of the custom resource, the operand including the remote resources and the additional resources (deployment/installation of the software application instance using the base custom resource plus all extension custom resources having extension points) ([0055]; [0067]; Fig. 6). Although KIRMSE teaches operator extensibility and analysis through extension points and custom resource processing, it does not explicitly make it clear about analyzing remote resources defined in a resource file. However, WENNERSTROM teaches “analyzing, by the operator, remote resources in the resource file” because the monitoring operator reads the labels of services and processes service endpoints and test agent IP addresses to determine an active testing configuration using metadata ([0010]-[0011]; Figs. 3, 10, 11). The Examiner notes that the metadata is associated with a plurality of services and thus represents network-accessible resources, such as remote resources ([0010]) and declarative testing descriptor and the metadata corresponds to the contents of a resource file ([0011]). It would have been obvious to one of ordinary skill in the art before the effective date of the application to modify KIRMSE’s container orchestration system to incorporate the specific teachings of WENNSTROM in order to enable dynamic determination and updating of resources based on analyzed system information. The suggestion/motivation for doing so would have been to provide the predicted result of achieving the technical advantage of improving automation and scalability in a dynamic virtualized environment (WENNSTROM - [0011]). As to claim 2, KIRMSE teaches the computer-implemented method of claim 1, wherein the operator extends an application programming interface (API) of the container orchestration system with one or more custom resource definitions (custom resource definitions define new resource types in Kubernetes API) ([0022]; [0032]; [0048]-[0049]). As to claim 3, KIRMSE teaches the computer-implemented method of claim 2, wherein: the custom resource specifies a location (path/extension point location) of the resource file; and the retrieving the resource file comprises retrieving the resource file from the location ([0037]-[0038]; [0046]). As to claim 4, WENNERSTROM teaches the computer-implemented method of claim 1, further comprising passing the custom resource to the operator in a mutating webhook (Mutating Admission Webhook or Sidecar Webhook) ([0197]-[0198]; [0451]-[0456]; Fig. 11). As to claim 5, WENNERSTROM teaches the computer-implemented method of claim 1, wherein the analyzing (via monitoring operator from an orchestration layer such as Kubernetes) the remote resources comprises determine a type of flow (accordance with various protocols, such as Hypertext Transfer Protocol (HTTP), Internet Control Message Protocol (ICMP), Speedtest, User Datagram Protocol (UDP), Transmission Control Protocol (TCP), etc.) ([0010]; [0115]; [0060]). As to claim 6, KIRMSE (deployment/installation of the software application instance using the base custom resource plus all extension custom resources having extension points) ([0055]; [0067]) in view of WENNERSTROM ([0010]-[0011]; [0115]) teaches the computer-implemented method of claim 5, wherein the determining additional resources comprises determining the additional resources based on the type of flow. As to claim 7, KIRMSE (deployment/installation of the software application instance using the base custom resource plus all extension custom resources having extension points) ([0055]; [0067]) in view of WENNERSTROM ([0010]-[0011]; [0114]-[0115]; Figs. 4-6) teaches the computer-implemented method of claim 6, wherein the additional resources comprise one or more containers associated with the type of flow. As to claim 8, KIRMSE teaches the computer-implemented method of claim 1, wherein the custom resource comprises a custom resource file and, further comprising adding metadata (metadata or registered extensions in the status for the corresponding extension custom resource) to the custom resource file based on the analyzing the remote resources ([0013]; [0038]; [0041]-[0043]; [0045]; [0053]). As to claim 9, it is rejected for the same reasons as stated in the rejection of claim 1. As to claim 10, it is rejected for the same reasons as stated in the rejections of claims 2 and 3. As to claim 11, it is rejected for the same reasons as stated in the rejection of claim 4. As to claim 12, it is rejected for the same reasons as stated in the rejections of claims 5 and 6. As to claim 13, it is rejected for the same reasons as stated in the rejection of claim 7. As to claim 14, it is rejected for the same reasons as stated in the rejection of claim 8. As to claim 15, it is rejected for the same reasons as stated in the rejection of claim 1. As to claim 16, it is rejected for the same reasons as stated in the rejection of claim 10. As to claim 17, it is rejected for the same reasons as stated in the rejection of claim 11. As to claim 18, it is rejected for the same reasons as stated in the rejection of claim 12. As to claim 19, it is rejected for the same reasons as stated in the rejection of claim 13. As to claim 20, it is rejected for the same reasons as stated in the rejection of claim 14. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Burgazzoli et al. (US 2023/0385140 A1) Rudraraju et al. (US 2022/0012045 A1) Gajananan et al. (US 2021/0397712 A1) Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH TANG whose telephone number is (571)272-3772. The examiner can normally be reached Monday-Friday 7AM-3PM. 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 571-272-3338. 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. /KENNETH TANG/Primary Examiner, Art Unit 2197
Read full office action

Prosecution Timeline

Aug 01, 2023
Application Filed
Apr 08, 2026
Non-Final Rejection mailed — §103
Jun 25, 2026
Applicant Interview (Telephonic)
Jul 08, 2026
Examiner Interview Summary

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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
88%
Grant Probability
99%
With Interview (+19.6%)
3y 3m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 781 resolved cases by this examiner. Grant probability derived from career allowance rate.

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