DETAILED ACTION
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 .
This Office Action is in response to the amendment filed on 11/5/2025. This action is made FINAL.
Claims 1-20 are pending and they are presented for examinations.
Claim Rejections - 35 USC § 112
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.
Claim(s) 1-20 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 8 and 15) recite: “the prototype hypervisor image being for a hypervisor executing on and virtualizing a hardware platform of the host for execution of virtual machines”.
The examiner is unclear as to how this (bolded) limitation should be interpreted. First, the limitation does not specify where “a hypervisor” is executing on. Second, a hypervisor image is used to install a hypervisor therefore “the prototype hypervisor image being for a hypervisor executing on” does not make sense since a hypervisor does not execute on a hypervisor image.
Claims 2-7, 9-14 and 16-20 are rejected based on rejection of its corresponding dependent claim.
Response to Arguments
Applicant's arguments filed regarding claim 1 (page 8), “Sha teaches a virtual system image that can include virtual appliances and a hypervisor. Sha teaches that the virtual appliances/hypervisor can be "locked down" by setting configuration data. The locking down is disclosed as making the appliances/hypervisor read-only, encrypting the hypervisor/appliances, and obscuring the hypervisor/appliances. (See Sha, para. 0015-0026). Sha does not teach or suggest a customized hypervisor image that includes a modification of the hypervisor being at least one SIB corresponding to the hardware platform and configuration of a network to which the host is connected.”
The examiner would like to point out Akhilesham in view of Sha teaches the above limitation.
In particular, Sha explicitly discloses a virtual system image includes a hypervisor (i.e. customized hypervisor) and customized application/software installation bundle (i.e. package). In addition, locking down of an image can be done after the virtual system image has been customized and since a key is used to lock the virtual system image, the virtual system image can be unlocked.
[Paragraph 3], In one general embodiment, a computer-implemented method executed by one or more processors includes receiving a request for one or more computing services, determining, based on the request, a virtual system image configured to provide a virtual computing system that provides the requested computing services, and deploying the virtual system image. [Paragraph 15], The virtual system image includes a hypervisor, and deploying the virtual system image includes installing the hypervisor on the physical hardware. [Paragraph 13], The virtual system image includes a portion including configuration data associate with each of the virtual appliances. [Paragraph 60], Determining at least of configurations for one or more virtual appliances or a configuration for a hypervisor associated with the virtual appliances. [Paragraph 74], Based on the request, the system can generate a virtual system image configured to provide a virtual computing system that provides the requested computing services. The virtual computing system can be considered as a custom virtual computing system. [Paragraph 84], The processors 118 can add one or more connections into the customized system profile and/or the virtual system image.
Therefore, argument is not persuasive.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akhilesham et al. (Pub 20220103433) (hereafter Akhilesham) in view of Sha (Pub 20170109190) (hereafter Sha).
As per claim 1, Akhilesham teaches:
A method of deploying a hypervisor to a host in a public cloud, comprising:
obtaining, by the deployment service, configuration information for the host and a physical network of the public cloud to which the host is attached; and customized hypervisor ([Paragraph 8-9], FIG. 1 is a block diagram illustrating an infrastructure discovery system in a computing environment, in accordance with embodiments of the present disclosure. FIG. 2 is a flow diagram illustrating an infrastructure discovery process, in accordance with embodiments of the present disclosure. [Paragraph 28], The discovery engine 120 is a component of the infrastructure discovery system 105 configured to analyze and discover configuration information, events, and workloads of components on an IT infrastructure. The workloads include workload characteristics such as peak processor utilization, peak memory utilization, on-premise storage capacity, network throughput, and usage patterns. [Paragraph 19], Cloud service providers offer an array of configurations and use highly scalable and customizable hypervisors. Thus, computational performance can vary significantly between on-premise IT infrastructure and cloud-based infrastructure. [Paragraph 50], The infrastructure discovery system 105 may be implemented, at least in part, using one or more processing platforms, including public or private cloud infrastructures, or other distributed virtual infrastructures. These distributed virtual infrastructures include, for example, a hypervisor platform and associated virtual processing and storage elements.)
Although Akhilesham discloses a deployment service of a public cloud to customize hypervisor(s) for deployment to scale environments based on various infrastructure information gathered for configuration.
Akhilesham does not explicitly disclose obtaining, by a deployment service, a prototype hypervisor image from shared storage, the prototype hypervisor image being for a hypervisor executing on and virtualizing a hardware platform of the host for execution of virtual machines;
customizing, by the deployment service, the prototype hypervisor image in response to the configuration information to generate a customized hypervisor image, the customized hypervisor image comprising a modification of the hypervisor based on the configuration information, the modification including at least one software installation bundle (SIB) corresponding to the hardware platform and configuration of a network to which the host is connected;
storing, by the deployment service, the customized hypervisor image in the shared storage in a manner accessible by the public cloud; and
invoking a deployment application programming interface (API) of the public cloud to retrieve and install the customized hypervisor image to the host.
Sha teaches obtaining, by a deployment service, a prototype hypervisor image from shared storage, the prototype hypervisor image being for a hypervisor executing on and virtualizing a hardware platform of the host for execution of virtual machines; ([Paragraph 15], The virtual system image includes a hypervisor, and deploying the virtual system image includes installing the hypervisor on the physical hardware. [Paragraph 61], The custom virtual computing system can be provided and/or managed on a service computing system. The service computing system can include an ordering system, a service hosting system such as Infrastructure as a service (IaaS), or a combination thereof. The service computing system can be accessed through web graphical user interface (GUI) by any device with a browser such as Internet Explorer (IE), Google Chrome, or Firefox. Managing a custom virtual computing system on the service computing system can enable ease of remotely making changes to existing virtual computing system configurations in a user organization and with minimal disruption to the user organization. The service computing system can provide the user organization virtual appliance images or virtual system images associated with the changes. [Paragraph 83], The ordering system 104 allows users to order one or more computing services. In some implementations, the ordering system 104 includes one or more processors 118, a database 120, and a user-interface (UI) module 122. The database 120 can store a plurality of software applications, and/or a plurality of operating systems (OSs). In some examples, the database includes virtual appliance packages, virtual appliance images, and/or virtual appliance runtime snapshots. The virtual appliance packages can include virtual hardware and/or software packages. In some examples, the database 120 stores a plurality of system profiles. Each system profile can specify a virtual computing system that provides one or more computing services. In some cases, the system profile includes metadata describing requirements of the virtual computing system, reference to instructions on how to install operating systems and required software packages, and a configuration file section containing configuration content for the virtual computing system. The metadata can include deployment or distribution information, a kickstart file, a listing of operating systems, versions and types of software applications, virtualization needs, e.g., amount of random access memory, amount of persistent storage, and/or capabilities of central processing units (CPUs), types of configuration management systems being used, and/or configuration management classes. In some examples, the system profile includes security keys and certifications for configuration data associated with hypervisors and/or virtual appliances.)
customizing, by the deployment service, the prototype hypervisor image in response to the configuration information to generate a customized hypervisor image, the customized hypervisor image comprising a modification of the hypervisor based on the configuration information, the modification including at least one software installation bundle (SIB) corresponding to the hardware platform and configuration of a network to which the host is connected ([Paragraph 8], Determining a virtual system image includes: installing one or more virtual appliances into the virtual system image, the virtual appliances configured to provide the requested computing services. [Paragraph 13], The virtual system image includes a portion including configuration data associate with each of the virtual appliances. [Paragraph 43], Deploying the virtual system image includes deploying one or more first virtual appliances of the virtual appliances onto one or more physical hardware and one or more second virtual appliances of the virtual appliances onto one or more cloud servers. [Paragraph 44], The first virtual appliances are configured to provide a first private cloud and the second virtual appliances are configured to provide a second private cloud, and the first private cloud is connected to the second private cloud via virtual private network (VPN). [Paragraph 58], The specifications include at least one of computing services, deployment options, security options, network options, performance options, or price options associated with the performance options. [Paragraph 61], Providing such a custom virtual computing system can achieve better utilization for a physical computing system, lower hardware cost, better space utilization, and lower power consumption, to users and organizations that do not have technical manpower to administer installation, set-up and configuration of hardware and software needed in virtual machine networks. [Paragraph 74], Based on the request, the system can generate a virtual system image configured to provide a virtual computing system that provides the requested computing services. The virtual computing system can be considered as a custom virtual computing system. For example, the system can determine virtual appliances providing the requested computing services and deploy the virtual appliance into the virtual system image. The system can also add additional virtual appliances providing support computing services into the virtual system image. [Paragraph 130], After receiving the virtual appliances or the new virtual system image, the user can update the custom virtual computing system (370). If the service provider provides physical hardware deployed with the new virtual system image, the user can directly replace the previous physical hardware with the deployed physical hardware to use the updated custom virtual computing system.)
storing, by the deployment service, the customized hypervisor image in the shared storage in a manner accessible by the public cloud; and
invoking a deployment application programming interface (API) of the public cloud to retrieve and install the customized hypervisor image to the host. [Paragraph 83], The ordering system 104 allows users to order one or more computing services. In some implementations, the ordering system 104 includes one or more processors 118, a database 120, and a user-interface (UI) module 122. The database 120 can store a plurality of software applications, and/or a plurality of operating systems (OSs). In some examples, the database includes virtual appliance packages, virtual appliance images, and/or virtual appliance runtime snapshots. The virtual appliance packages can include virtual hardware and/or software packages. In some examples, the database 120 stores a plurality of system profiles. Each system profile can specify a virtual computing system that provides one or more computing services. In some cases, the system profile includes metadata describing requirements of the virtual computing system, reference to instructions on how to install operating systems and required software packages, and a configuration file section containing configuration content for the virtual computing system. The metadata can include deployment or distribution information, a kickstart file, a listing of operating systems, versions and types of software applications, virtualization needs, e.g., amount of random access memory, amount of persistent storage, and/or capabilities of central processing units (CPUs), types of configuration management systems being used, and/or configuration management classes. In some examples, the system profile includes security keys and certifications for configuration data associated with hypervisors and/or virtual appliances. [Paragraph 83], The processors 118 are coupled to the database 120 and can create, deploy, configure, and/or manage virtual computing systems. The processors 118 can create a virtual system image configured to provide a custom virtual computing system based on requested computing services. For example, the processors 118 can determine a virtual appliance (e.g., an image or a package or a runtime snapshot of the virtual appliance) that provides one or more computing services and deploy the virtual appliance into the virtual system image. In some examples, as noted above, the computing services include one or more server services provided by public cloud servers such as software as a service (SaaS) servers. The processors 118 can add one or more connections into the customized system profile and/or the virtual system image. As described above and below, the added connections can enable the custom virtual computing system to connect to the public cloud servers during run time to create a hybrid cloud.)
It would have been obvious to a person with ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of Akhilesham wherein deployment service obtains infrastructure information (i.e. resources such as physical network, storage, memory, processors, etc.) to deploy a customized hypervisor in a public cloud environment, into teachings of Sha wherein customized hypervisor image is created/stored within a shared accessible environment via (GUI/API) to customize the hypervisor image to be obtained, customized, deployed/installed and executed in an public cloud environment, because this would enhance the teachings of Akhilesham wherein by providing an API user interface, it allows the user associated with requesting of a customized hypervisor image (i.e. virtual system image) to use the Graphical User Interface (GUI) to easily customize the hypervisor image from a prototype hypervisor image based on collected infrastructure information to customize the hypervisor based on user needs and infrastructure information.
As per claim 2, rejection of claim 1 is incorporated:
Akhilesham teaches wherein the shared storage is part of a data center in communication with the public cloud through a wide area network (WAN), and wherein the deployment service executes on a virtualized host in the data center. ([Paragraph 96], In the latter scenario, the remote computer may be connected to the user's computer through any type of network, including a local area network (LAN) or a wide area network (WAN), or the connection may be made to an external computer (for example, through the Internet using an Internet Service Provider). [Paragraph 50], The infrastructure discovery system 105 may be implemented, at least in part, using one or more processing platforms, including public or private cloud infrastructures, or other distributed virtual infrastructures. These distributed virtual infrastructures include, for example, a hypervisor platform and associated virtual processing and storage elements. [Paragraph 74], Resource pooling: the provider's computing resources are pooled to serve multiple consumers using a multi-tenant model, with different physical and virtual resources dynamically assigned and reassigned according to demand. There is a sense of location independence in that the consumer generally has no control or knowledge over the exact location of the provided resources but may be able to specify location at a higher level of abstraction (e.g., country, state, or datacenter).)
As per claim 3, rejection of claim 1 is incorporated:
Akhilesham teaches wherein the configuration information includes information related to devices of a hardware platform of the host. ([Paragraph 28], The discovery engine 120 is a component of the infrastructure discovery system 105 configured to analyze and discover configuration information, events, and workloads of components on an IT infrastructure. The workloads include workload characteristics such as peak processor utilization, peak memory utilization, on-premise storage capacity, network throughput, and usage patterns. [Paragraph 19], Cloud service providers offer an array of configurations and use highly scalable and customizable hypervisors. Thus, computational performance can vary significantly between on-premise IT infrastructure and cloud-based infrastructure.)
As per claim 4, rejection of claim 1 is incorporated:
Akhilesham teaches wherein the configuration information includes information related to at least one of an internet protocol (IP) address and a virtual local area network (VLAN) of the physical network. ([Paragraph 33], The initials seeds can represent an IP address or a range of IP addresses to discover. [Paragraph 87], It is understood that the types of computing devices 420-1 to 420-4 shown in FIG. 4 are intended to be illustrative only and that computing nodes 410 and cloud computing environment 400 can communicate with any type of computerized device over any type of network and/or network addressable connection (e.g., using a web browser). [Paragraph 90], Virtualization layer 520 provides an abstraction layer from which the following examples of virtual entities may be provided: virtual servers 521; virtual storage 522; virtual networks 523, including virtual private networks; virtual applications and operating systems 524; and virtual clients 525. [Paragraph 2], Information technology (IT) infrastructure can be defined as all of the hardware, software, networks, and facilities that are required to develop, test, deliver, monitor, control, or support IT services. The primary components of an IT infrastructure include, for example, physical components (e.g., computers, networking hardware, storage systems) and various software and network components.)
As per claim 5, rejection of claim 1 is incorporated:
Sha teaches where the customizing comprises at least one of: adding or removing a software installation bundle (SIB) to or from the prototype hypervisor image; and adding or modifying a file to or in the prototype hypervisor image. ([Paragraph 84], The processors 118 can create a virtual system image configured to provide a custom virtual computing system based on requested computing services. For example, the processors 118 can determine a virtual appliance (e.g., an image or a package or a runtime snapshot of the virtual appliance) that provides one or more computing services and deploy the virtual appliance into the virtual system image. In some examples, as noted above, the computing services include one or more server services provided by public cloud servers such as software as a service (SaaS) servers. The processors 118 can add one or more connections into the customized system profile and/or the virtual system image. As described above and below, the added connections can enable the custom virtual computing system to connect to the public cloud servers during run time to create a hybrid cloud. [Paragraph 90], The virtual system image includes one or more virtual appliances (packages/images/runtime snapshots) that provide the computing services specified in the system profile. The virtual system image is configured to provide the custom virtual computing system. In some implementations, the ordering system 104 directly determines the virtual system image based on the user's input or request.)
As per claim 6, rejection of claim 1 is incorporated:
Sha teaches wherein the customizing comprises:
configuring hypervisor network to be accessible by the physical network of the public cloud;
enabling one or more hypervisor network services; and
setting a root password of the hypervisor. ([Paragraph 86], In some examples, the GUI includes a plurality of input fields. Each input field defines one or more specifications to determine virtual computing systems. The specifications can include computing services, deployment options, security options, network options, and/or price/performance options. The user 112 can provide an input for one or more input fields to specify computing services. The ordering system 104 can then determine a system profile based on the specified computing services and/or provided information. The system profile specifies desired virtual appliances or virtual computing system customized by the user 112. [Paragraph 87], The ordering system 104 can also add additional support computing services in addition to the user selected or requested computing services. The support computing services can be associated with virtual routers and switches, firewalls, proxies, VPN, database server services, virtual network-attached storage (NAS), virtual storage area network (SAN), authentication server service, email service, customer relationship management (CRM), enterprise resource planning (ERP), project management, and/or any other appropriate computing services. The additional support computing services can be provided by virtual appliance packages/images/snapshots. The ordering system 104 can also determine configuration data for each virtual appliance and configuration data for a hypervisor associated with the virtual appliances. In some cases, when the virtual system image is deployed on physical hardware, virtual network-attached storage (NAS) and virtual storage area network (SAN), as well as routers, switches, and/or printers, etc., can be deployed on the physical hardware. [Paragraph 74], In some implementations, a system receives a request for one or more computing services, e.g., from a system administrator of an entity. Based on the request, the system can generate a virtual system image configured to provide a virtual computing system that provides the requested computing services. [Paragraph 109], The user can send a request for managing the customized system profile so that the user can request to change or update the custom virtual computing system on the physical hardware 206 remotely in the user organization 202. The service computing system 102 may first authenticate a user account for the user to determine whether the user is authenticated and authorized to access the database. After determining that the user is authenticated and authorized to access the database, the service computing system 102 further identifies the customer profile or the customized system profile associated with the user account.)
As per claim 7, rejection of claim 1 is incorporated:
Sha teaches wherein the storing comprises: generating a uniform resource locator (URL) for the customized hypervisor image accessible by the public cloud for retrieving the customized hypervisor image. ([Paragraph 83], The ordering system 104 allows users to order one or more computing services. In some implementations, the ordering system 104 includes one or more processors 118, a database 120, and a user-interface (UI) module 122. The database 120 can store a plurality of software applications, and/or a plurality of operating systems (OSs). In some examples, the database includes virtual appliance packages, virtual appliance images, and/or virtual appliance runtime snapshots. The virtual appliance packages can include virtual hardware and/or software packages. In some examples, the database 120 stores a plurality of system profiles. Each system profile can specify a virtual computing system that provides one or more computing services. In some cases, the system profile includes metadata describing requirements of the virtual computing system, reference to instructions on how to install operating systems and required software packages, and a configuration file section containing configuration content for the virtual computing system. The metadata can include deployment or distribution information, a kickstart file, a listing of operating systems, versions and types of software applications, virtualization needs, e.g., amount of random access memory, amount of persistent storage, and/or capabilities of central processing units (CPUs), types of configuration management systems being used, and/or configuration management classes. In some examples, the system profile includes security keys and certifications for configuration data associated with hypervisors and/or virtual appliances. [Paragraph 86], The user 112 can use the user-side computing device 110 to access the ordering system 104 through the UI module 120 via the network 114. The UI module 120 can include a graphical user interface (GUI), e.g., a Web-based user interface. In some examples, the GUI includes a plurality of input fields. Each input field defines one or more specifications to determine virtual computing systems. The specifications can include computing services, deployment options, security options, network options, and/or price/performance options. The user 112 can provide an input for one or more input fields to specify computing services. The ordering system 104 can then determine a system profile based on the specified computing services and/or provided information. The system profile specifies desired virtual appliances or virtual computing system customized by the user 112.)
As per claims 8-14, these are non-transitory computer readable medium claims corresponding to the method claims 1-7. Therefore, rejected based on similar rationale.
As per claims 15-20, these are system claims corresponding to the method claims 1-6. Therefore, rejected based on similar rationale.
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.
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