Prosecution Insights
Last updated: April 19, 2026
Application No. 18/305,181

SELF-LEARNING GREEN NETWORKS

Non-Final OA §101§103§DP
Filed
Apr 21, 2023
Examiner
KHUU, HIEN DIEU THI
Art Unit
2116
Tech Center
2100 — Computer Architecture & Software
Assignee
Juniper Networks Inc.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
392 granted / 451 resolved
+31.9% vs TC avg
Strong +15% interview lift
Without
With
+15.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
28 currently pending
Career history
479
Total Applications
across all art units

Statute-Specific Performance

§101
17.2%
-22.8% vs TC avg
§103
24.7%
-15.3% vs TC avg
§102
31.6%
-8.4% vs TC avg
§112
19.0%
-21.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 451 resolved cases

Office Action

§101 §103 §DP
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. Status of Claims Claims 1-20 are currently pending in this application. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer . Claim s 1-4, 6-11, 13-15, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1, 3, 5-6, 8-10, 12, 14-15, 17-18 and 20 of U.S. Patent No. 18/305,194 . Although the claims at issue are not identical, they are not patentably distinct from each other because Kommula anticipates the invention as follows: Instant Application 18/305181 1 . A method comprising: obtaining, by a computing system, energy usage data of a data center; determining, by the computing system and based on a comparison of the energy usage data of the data center to a percentage of energy provided by one or more renewable energy sources to the data center, a green quotient of the data center that specifies a value that indicates whether the data center is energy efficient; and invoking, by the computing system and based on the green quotient of the data center that specifies a value that indicates the data center is not energy efficient, an action to improve energy usage of the data center. 8 . A computing system comprising: a memory; one or more processors in communication with the memory and configured to: obtain energy usage data of a data center; determine, based on a comparison of the energy usage data of the data center to a percentage of energy provided by one or more renewable energy sources to the data center, a green quotient of the data center that specifies a value that indicates whether the data center is energy efficient; and invoke, based on the green quotient of the data center that specifies a value that indicates the data center is not energy efficient, an action to improve energy usage of the data center. 15 . A non-transitory computer-readable medium, having instructions that, when executed, cause one or more processors to: obtain energy usage data of a data center; determine, based on a comparison of the energy usage data to percentage of energy provided by one or more renewable energy sources to the data center, a green quotient of the data center that specifies a value that indicates whether the data center is energy efficient; and invoke, based on the green quotient of the data center that specifies a value that indicates the data center is not energy efficient, an action to improve energy usage of the data center. Copending Application No. 18/305194 Claim 1. (Currently Amended): A method comprising: obtaining, by a computing system, energy usage data of a data center deploying an application; computing , by a computing system and based on a comparison of the energy usage data of the data center deploying the application to a percentage of energy provided by one or more renewable energy sources to the data center, a green quotient of the application that specifies a value that indicates whether the data center deploying the application is energy efficient; and invoking, by a computing system and based on the green quotient of the application that specifies a value that indicates the data center deploying the application is not energy efficient, an action to improve energy usage of the data center deploying the application, wherein the action comprises configuring one or more devices of the data center. Claim 10. (Currently Amended): A computing system comprising: a memory; and one or more processors in communication with the memory, the one or more processors configured to: obtain energy usage data of a data center deploying an application; compute , based on a comparison of the energy usage data of the data center deploying the application to a percentage of energy provided by one or more renewable energy sources to the data center, a green quotient of the application that specifies a value that indicates whether the data center deploying the application is energy efficient; and invoke, based on the green quotient of the application that specifies a value that indicates the data center deploying the application is not energy efficient, an action to improve energy usage of the data center deploying the application, wherein the action comprises configuring one or more devices of the data center. Claim 19. (Currently Amended): Non-transitory computer-readable media having instructions that, when executed, cause one or more processors to: obtain energy usage data of a data center deploying an application; compute , based on a comparison of the energy usage data of the data center deploying the application to a percentage of energy provided by one or more renewable energy sources to the data center, a green quotient of the application that specifies a value that indicates whether the data center deploying the application is energy efficient; and invoke, based on the green quotient of the application that specifies a value that indicates the data center deploying the application is not energy efficient, an action to improve energy usage of the data center deploying the application, wherein the action comprises configuring one or more devices of the data center. Instant Application 18/305181 2 . The method of claim 1, wherein the energy usage data comprises a current energy usage of the data center and a total energy usage of the data center if the data center were to run at full capacity, and wherein determining the green quotient of the data center that specifies the value that indicates whether the data center is energy efficient comprises: determining, based on the energy usage of the data center, an energy quotient of the data center that indicates a percentage of the total energy usage consumed by the current energy usage of the data center; and specifying, based on a comparison of the energy quotient of the data center to the percentage of energy provided by one or more renewable energy sources to the data center, a value for the green quotient of the data center that indicates whether the data center is energy efficient. 3 . The method of claim 2, wherein specifying the value for the green quotient of the data center that indicates whether the data center is energy efficient comprises, specifying, in response to determining that the energy quotient of the data center is less than or equal to the percentage of energy provided by one or more renewable energy sources to the data center, a value of the green quotient of the data center that indicates the data center is energy efficient. 4 . The method of claim 2, wherein specifying the value for the green quotient of the data center that indicates whether the data center is energy efficient comprises, specifying, in response to determining that the energy quotient of the data center is greater than the percentage of energy provided by one or more renewable energy sources to the data center, a value of the green quotient of the data center that indicates the data center is not energy efficient. 6 . The method of claim 1, wherein determining the green quotient of the application that specifies the value that indicates whether the data center deploying the application is energy efficient comprises determining, based on a pattern of the energy usage of the data center, that the data center is not energy efficient, and wherein invoking the action to improve energy usage of the data center comprises invoking, in response to determining that the data center is not energy efficient, the action to improve energy usage of the data center before a next determining of whether the data center is not energy efficient. 7 . The method of claim 1, wherein invoking the action to improve energy usage of the data center comprises: configuring a processing unit of a network interface card in a server of the data center to perform the action. 9 . The computing system of claim 8, wherein the energy usage data comprises a current energy usage of the data center and a total energy usage of the data center if the data center were to run at full capacity, and wherein to determine the green quotient of the data center that specifies the value that indicates whether the data center is energy efficient, the one or more processors are configured to: determine, based on the energy usage of the data center, an energy quotient of the data center that indicates a percentage of the total energy usage consumed by the current energy usage of the data center; and specify, based on a comparison of the energy quotient of the data center to the percentage of energy provided by one or more renewable energy sources to the data center, a value for the green quotient of the data center that indicates whether the data center is energy efficient. 10 . The computing system of claim 9, wherein to specify the value for the green quotient of the data center that indicates whether the data center is energy efficient, the one or more processors are configured to specify, in response to determining that the energy quotient of the data center is less than or equal to the percentage of energy provided by one or more renewable energy sources to the data center, a value of the green quotient of the data center that indicates the data center is energy efficient. 11 . The computing system of claim 9, wherein to specify the value for the green quotient of the data center that indicates whether the data center is energy efficient, the one or more processors are configured to specify, in response to determining that the energy quotient of the data center is greater than the percentage of energy provided by one or more renewable energy sources to the data center, a value of the green quotient of the data center that indicates the data center is not energy efficient. 13 . The computing system of claim 8, wherein to determine the green quotient of the application that specifies the value that indicates whether the data center deploying the application is energy efficient, the one or more processors are configured to determine, based on a pattern of the energy usage of the data center, that the data center is not energy efficient, and wherein to invoke the action to improve energy usage of the data center, the one or more processors are configured to invoke, in response to determining that the data center is not energy efficient, the action to improve energy usage of the data center before a next determining of whether the data center is not energy efficient. 14 . The computing system of claim 8, wherein to invoke the action to improve energy usage of the data center, the one or more processors are configured to: configure a processing unit of a network interface card in a server of the data center to perform the action. 20 . The non-transitory computer-readable medium of claim 15, wherein the instructions that cause the one or more processor to invoke the action to improve energy usage of the data center further cause the one or more processors to configure a processing unit of a network interface card in a server of the data center to perform the action. Copending Application No. 18/305194 Claim 3. (Original): The method of claim 2,wherein the energy usage data comprises a current energy usage of the data center and a total energy usage of the data center if the data center were to run at full capacity; wherein determining the first green quotient comprises: determining a first energy quotient, wherein the first energy quotient of the data center indicates a percentage of the total energy usage consumed by the current energy usage of the data center when the application is running, and comparing the first energy quotient to a percentage of energy provided by one or more renewable energy sources to the data center; and wherein determining the second green quotient comprises: determining a second energy quotient, wherein the second energy quotient of the data center indicates a percentage of the total energy usage consumed by the current energy usage of the data center when the application is not running, and comparing the second energy quotient to the percentage of energy provided by one or more renewable energy sources to the data center. Claim 5. (Original): The method of claim 2, wherein specifying, based on comparing the delta between the first green quotient and the second green quotient to a percentage of energy provided by one or more renewable energy sources to the data center, the value for the green quotient of the application that indicates whether the data center deploying the application is energy efficient comprises: determining that the delta between the first green quotient and the second green quotient is less than or equal to the percentage of energy provided by one or more renewable energy sources to the data center; and in response to determining that the delta between the first green quotient and the second green quotient is less than or equal to the percentage of energy provided by one or more renewable energy sources to the data center, specifying a value of the green quotient of the application that indicates the data center deploying the application is energy efficient. Claim 6. (Original): The method of claim 2, wherein specifying, based on comparing the delta between the first green quotient and the second green quotient to a percentage of energy provided by one or more renewable energy sources to the data center, the value for the green quotient of the application that indicates whether the data center deploying the application is energy efficient comprises: determining that the delta between the first green quotient and the second green quotient is greater than the percentage of energy provided by one or more renewable energy sources to the data center; and in response to determining that the delta between the first green quotient and the second green quotient is greater than the percentage of energy provided by one or more renewable energy sources to the data center, specifying a value of the green quotient of the application that indicates the data center deploying the application is not energy efficient. Claim 8. (Currently Amended): The method of claim 1, wherein computing the green quotient of the application that specifies the value that indicates whether the data center deploying the application is energy efficient comprises determining, based on a pattern of the energy usage of the data center, that the data center deploying the application is not energy efficient, and wherein invoking the action to improve energy usage of the data center comprises invoking, in response to determining that the data center deploying the application is not energy efficient, the action to improve energy usage of the data center before a next determining of whether the data center deploying the application is not energy efficient. Claim 9. (Original): The method of claim 1, wherein invoking the action to improve energy usage of the data center comprises: configuring a processing unit of a network interface card in a server of the data center to perform the action. Claim 12. (Original): The computing system of claim 11,wherein the energy usage data comprises a current energy usage of the data center and a total energy usage of the data center if the data center were to run at full capacity; wherein to determine the first green quotient, the one or more processors are configured to: determine a first energy quotient, wherein the first energy quotient of the data center indicates a percentage of the total energy usage consumed by the current energy usage of the data center when the application is running, and compare the first energy quotient to a percentage of energy provided by one or more renewable energy sources to the data center; and wherein to determine the second green quotient, the one or more processors are configured to: determine a second energy quotient, wherein the second energy quotient of the data center indicates a percentage of the total energy usage consumed by the current energy usage of the data center when the application is not running, and compare the second energy quotient to the percentage of energy provided by one or more renewable energy sources to the data center. Claim 14. (Original): The computing system of claim 11, wherein to specify, based on comparing the delta between the first green quotient and the second green quotient to a percentage of energy provided by one or more renewable energy sources to the data center, the value for the green quotient of the application that indicates whether the data center deploying the application is energy efficient, the one or more processors are configured to: determine that the delta between the first green quotient and the second green quotient is less than or equal to the percentage of energy provided by one or more renewable energy sources to the data center; and in response to determining that the delta between the first green quotient and the second green quotient is less than or equal to the percentage of energy provided by one or more renewable energy sources to the data center, specify a value of the green quotient of the application that indicates the data center deploying the application is energy efficient. Claim 15. (Original): The computing system of claim 11, wherein to specify, based on comparing the delta between the first green quotient and the second green quotient to a percentage of energy provided by one or more renewable energy sources to the data center, the value for the green quotient of the application that indicates whether the data center deploying the application is energy efficient, the one or more processors are configured to: determine that the delta between the first green quotient and the second green quotient is greater than the percentage of energy provided by one or more renewable energy sources to the data center; and in response to determining that the delta between the first green quotient and the second green quotient is greater than the percentage of energy provided by one or more renewable energy sources to the data center, specify a value of the green quotient of the application that indicates the data center deploying the application is not energy efficient. Claim 17. (Currently Amended): The computing system of 10, wherein to compute the green quotient of the application that specifies the value that indicates whether the data center deploying the application is energy efficient, the one or more processors are further configured to determine, based on a pattern of the energy usage of the data center, that the data center deploying the application is not energy efficient, and wherein to invoke the action to improve energy usage of the data center, the one or more processors are further configured to invoke, in response to determining that the data center deploying the application is not energy efficient, the action to improve energy usage of the data center before a next determining of whether the data center deploying the application is not energy efficient. Claim 18. (Original): The computing system of claim 10, wherein to invoke the action to improve energy usage of the data center, the one or more processors are configured to: configure a processing unit of a network interface card in a server of the data center to perform the action. Claim 20. (Previously Presented): The method of claim 1, wherein invoking the action to improve energy usage of the data center comprises: outputting an alert indicating to an administrator of the data center that the data center deploying the application is not energy efficient. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented as of March 16, 2026 (pending patent issued) . 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- 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Independent claims 1 , 8, and 15 : Step 1: Claim 1 is drawn to a method , claim 8 is drawn to a computing system, and claim 15 is drawn to a n on-transitory computer-readable medium, therefore each of claims 1 , 8, and 15 falls under one of four categories of statutory subject matter (process/method, machines/products/apparatus, manufactures, and compositions of matter ). Step 2A, Prong 1: Nonetheless, claims 1, 8, and 15 are directed to a judicially recognized exception of an abstract idea without significantly more. Each of claims 1, 8, and 15 recites a step to determine a green quotient “ based on a comparison of the energy usage data of the data center to a percentage of energy provided by one or more renewable energy s ources ” that under its broadest reasonable interpretation, enumerates a mental concept. Other than reciting a generic “a computing system” or “one or more processors”, nothing in the claims preclude the step from the mental process/evaluation concept . For example, a human can visually and mentally compare two different data to determine a percentage value that defines whether the energy usage is efficient, green, or sustainable. The mere nominal recitation of a generic computing system or processor to perform the mental concept does not take the claim limitation out of the abstract idea . Thus, the function to determine a green quotient is a judicial exception that is no more than a mental abstract idea (See MPEP 2106.04(a)(2)(III)) . Step 2A, Prong 2: Each of claims 1, 8, and 15 recites additional functions to obtain energy usage data and to invoke an action to improve energy usage that fail to integrate the abstract idea into a practical application. Obtaining energy usage data is interpreted as a form of insignificant input-solution activity, such that data gathering is necessary to perform the judicial exception of determining the green quotient ( See MPEP 2106.05(g)) . I nvok ing an action to improve energy usage is interpreted as merely to link the result of the judicial exception (i.e., green quotient) to a field of use ( i.e., to invoke an action) ( See MPEP 2106.05(h) ) . Thus, t he combination of these additional functions does not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea . Step 2B: The additional function that is a form of insignificant extra-solution activity, do not amount to significantly more than an abstract idea because the court decisions have determined that this additional element to be well-understood, routine, and conventional when claimed in a merely generic manner for data receiving/retrieving (obtaining energy usage data, See MPEP § 2106.05(d)( II)( i /iv) ). As such, each of claims 1 , 8, and 15 is not patent eligible. Dependent claims 2- 7, 9-14 and 16-20 : Step 1: Claim s 2-7 are drawn to a method, claim s 9-14 are drawn to a computing system, and claim s 16-20 are drawn to a non-transitory computer-readable medium, therefore each of claims 2-7, 9-14, and 16-20 falls under one of four categories of statutory subject matter (process/method, machines/products/apparatus, manufactures, and compositions of matter ). Nonetheless, dependent claims 2-7, 9-14, and 16-20 are also ineligible for the same reasons given with respect to claims 1 , 8, and 15 . Steps 2A-2B: Claim s 2, 9, and 16 recite further the insignificant extra-solution activity “ wherein the energy usage data comprises a current energy usage of the data center and a total energy usage of the data center if the data center were to run at full capacity ” (See MPEP 2106.05(g)) and a mental concept “determining the green quotient of the data center that specifies the value that indicates whether the data center is energy efficient comprises: determining, based on the energy usage of the data center, an energy quotient of the data center that indicates a percentage of the total energy usage consumed by the current energy usage of the data center …and specifying… a value for the green quotient of the data center that indicates whether the data center is energy efficient (See MPEP 2106.04(a)(2)(III)) . Claims 3, 10, and 17 recite further a mental concept “ specifying, in response to determining that the energy quotient of the data center is less than or equal to the percentage of energy provided by one or more renewable energy sources to the data center, a value of the green quotient of the data center that indicates the data center is energy efficient ” (See MPEP 2106.04(a)(2)(III)) . Claims 4, 11, and 18 recite further a mental concept “ specifying, in response to determining that the energy quotient of the data center is greater than the percentage of energy provided by one or more renewable energy sources to the data center, a value of the green quotient of the data center that indicates the data center is not energy efficient ” (See MPEP 2106.04(a)(2)(III)). Claims 6 and 13 recite further a mental concept “ determining, based on a pattern of the energy usage of the data center, that the data center is not energy efficient, and wherein invoking the action to improve energy usage of the data center comprises invoking, in response to determining that the data center is not energy efficient, the action to improve energy usage of the data center before a next determining of whether the data center is not energy efficient ” (See MPEP 2106.04(a)(2)(III)) . Claims 2, 9, and 16 recite the additional function to obtain “ a current energy usage of the data center and a total energy usage of the data center”. Obtaining a current energy usage a total energy usage is interpreted as a form of insignificant input-solution activity, such that data gathering is necessary to perform the judicial exception of determining the green quotient ( See MPEP 2106.05(g)). Thus, this function does not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea ( See MPEP § 2106.05(d)( II)( i /iv) ) . Claim s 5, 7, 12, 14, 19, and 20 are rejected under 35 U.S.C. 101 for being dependent upon a rejected base claim 1, 8, or 15 , but appear to include an additional element that is sufficient to amount to significantly more than the judicial exception, such that the limitation s “ modifying a first network protocol implemented by one or more devices of the data center to a second network protocol, wherein the energy usage of the data center that implements the second network protocol is less than the energy usage of the data center that implements the first network protocol; scaling a port speed of a high speed interface of one or more devices of the data center based on workload demand; reducing a number of duplicate or equal-cost multi-path (ECMP) paths of one or more devices of the data center that are configured to implement high availability; activating a cooling system of the data center; shutting down one or more devices of a plurality of devices of the data center that are configured to implement high availability if the data center has disabled high availability; scaling a packet size of one or more packets communicated within the data center; or outputting an alert indicating to an administrator of the data center that the data center is not energy efficient ” integrates the abstract idea into a practical application and does not fall under the three groupings of abstract idea, mathematical concepts, mental processes, and certain methods of organizing human activity ” or “ configuring a processing unit of a network interface card in a server of the data center to perform the action ” . Combining the limitation of claim s 5, 7, 12, 14, 19, or 20 with independent claim 1, 8, or 15 appears to individually cure the deficiencies therein. 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. The factual inquiries set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness . Claims 1 -2, 5, 7-9, 12, 14-16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hovhannisyan et al. (US 2021/0027401-A1 ) in view of Li et al. (“Towards Dynamic Pricing-Based Collaborative Optimizations for Green Data Centers”, IEEE, 2013, p.272-278). With respect to claims 1, 8, and 15, Hovhannisyan teaches a method, a computing system comprising: a memory; one or more processors in communication with the memory, and a non-transitory computer-readable medium, having instructions that, when executed, cause one or more processors ( processor , memory , and computer instructions of monitoring server 1424, fig.14B ) to: obtaining, by a computing system, energy usage data of a data center ( power metrics for resources used by a virtual infrastructure of a data center are received from the resources or retrieved from a data storage device, step 2301 of fig.23 and [0132] ; data center 1304, fig.14B ) ; determining, by the computing system, a green quotient of the data center that specifies a value that indicates whether the data center is energy efficient ( determine sustainability metrics, step 2302 of fig.23 and [0132]; determine the sustainability metrics based on power consumed by the data center resources and objects…computed according to Equations (1a) and (1b), fig.24 and [0133, 0067-0075]; based on energy consumed by the data center resources and objects…computed according to Equations (2), (3a), and (3b), fig.24 and [0133, 0076-0079] ; and CO 2 emissions of the data center are computed according to Equation (7a) or (7b) , fig.24 and [0133, 0087-0089] ) ; and invoking, by the computing system and based on the green quotient of the data center that specifies a value that indicates the data center is not energy efficient, an action to improve energy usage of the data center (recommendations for remedial measures that may be automatically or manually executed to reduce CO.sub.2 emissions and power wastage are determined based on the sustainability metrics, power wasted metrics, and reclaimable capacity metrics. The recommendations include consolidating virtual objects onto fewer server computers, reclaiming capacity of resources used by idle virtual objects, powering down unused server computers, or powering down server computers running idle virtual objects, step 2305 of fig.23; remedial measures identified in the recommendations to reduce CO.sub.2 emissions and wasted power, step 2307 of fig.23) . With respect to claims 1, 8, and 15, Hovhannisyan does not appear to teach: a comparison of the energy usage data of the data center to a percentage of energy provided by one or more renewable energy sources to the data center. However, it is known by Li to teach of a system including renewable resources that support data centers (p.273 section II), the system includes a controller of multiple data centers DC 1-n , (Li: fig.2), particularly, Li teaches determining a comparison of the energy usage data of the data center to a percentage of energy provided by one or more renewable energy sources to the data center ( Li: percentage of final energy shift from expected energy shift for each data center, where PD init is the initial power demand of the data center, PE is the expected power and PD after is the eventual power demand, p.277, column 1 ) . Because Li’s teaching is also directed to improving energy efficiency or sustainability in data centers (Li: p.273 column 1 ; Hovhannisyan: [0066,0082] ) , it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teaching of a percentage of the energy provided by one or more renewable energy sources of the data center to the energy usage data center as taught by Li with the method to determine a green quotient that specifies a value that indicates whether the data center is energy efficient as taught by Hovhannisyan for the purpose of integrating green energy sources that are collocated within the data center (Li: p.274, column 2). With respect to claims 2, 9 and 16, Hovhannisyan and Li combined teaches wherein the energy usage data comprises a current energy usage of the data center and a total energy usage of the data center if the data center were to run at full capacity, and wherein determining the green quotient of the data center that specifies the value that indicates whether the data center is energy efficient comprises: determining, based on the energy usage of the data center, an energy quotient of the data center that indicates a percentage of the total energy usage consumed by the current energy usage of the data center; and specifying, based on a comparison of the energy quotient of the data center to the percentage of energy provided by one or more renewable energy sources to the data center, a value for the green quotient of the data center that indicates whether the data center is energy efficient (Hovhannisyan: (determine sustainability metrics, step 2302 of fig.23 and [0132]; determine the sustainability metrics based on power consumed by the data center resources and objects… computed according to Equations (1a) and (1b), fig.24 and [0133, 0067-0075]; based on energy consumed by the data center resources and objects…computed according to Equations (2), (3a), and (3b), fig.24 and [0133, 0076-0079]; and CO 2 emissions of the data center are computed according to Equation (7a) or (7b), fig.24 and [0133, 0087-0089]) ) (Li: percentage of final energy shift from expected energy shift for each data center, where PD init is the initial power demand of the data center, PE is the expected power and PD after is the eventual power demand, p.277, column 1) . With respect to claims 5, 12, and 19, Hovhannisyan and Li combined teaches wherein invoking the action to improve energy usage of the data center comprises one or more of : modifying a first network protocol implemented by one or more devices of the data center to a second network protocol, wherein the energy usage of the data center that implements the second network protocol is less than the energy usage of the data center that implements the first network protocol; scaling a port speed of a high speed interface of one or more devices of the data center based on workload demand; reducing a number of duplicate or equal-cost multi-path (ECMP) paths of one or more devices of the data center that are configured to implement high availability; activating a cooling system of the data center; shutting down one or more devices of a plurality of devices of the data center that are configured to implement high availability if the data center has disabled high availability; scaling a packet size of one or more packets communicated within the data center; or outputting an alert indicating to an administrator of the data center that the data center is not energy efficient (Hovhannisyan: Balance optimizes workloads of virtual objects across the resource pool of a cluster over reducing energy consumption and lowering CO.sub.2 emissions of the cluster. Balance guarantees appropriate resources are available to virtual objects running on the cluster and may deploy new capacity to the cluster to avoid service disruptions. In FIG. 17B, the user has selected a consolidate utilization of the resources as indicated in box 1712. Consolidate reduces energy usage by powering off or deleting idle virtual objects and migrates virtual objects to run on fewer server computers, thereby reducing energy consumption and lowing CO.sub.2 emissions, [0125]; consolidating virtual objects onto fewer server computers, reclaiming capacity of resources used by idle virtual objects, powering down unused server computers, or powering down server computers running idle virtual objects, [0132] ; “provide alerts window” , fig.31, [0137,0140] ). With respect to claims 7, 14, and 20 , Hovhannisyan and Li combined teaches wherein invoking the action to improve energy usage of the data center comprises: configuring a processing unit of a network interface card in a server of the data center to perform the action ( remedial action [i.e., recommendations for remedial measures that may be automatically or manually executed to reduce CO.sub.2 emissions and power wastage are determined based on the sustainability metrics, power wasted metrics, and reclaimable capacity metrics , [0132], is performed by the monitoring server 1424 of data center 1304 , fig.14B) . Allowable Subject Matter Claims 3-4, 6, 10-11, 13, and 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and if further overcome the double patenting and 102 rejections as set forth above. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record, taken alone or in combination, fails to disclose or render obvious, which makes the following claims allowable over the prior art: With respect to claims 3, 10, and 17, wherein specifying the value for the green quotient of the data center that indicates whether the data center is energy efficient comprises, specifying, in response to determining that the energy quotient of the data center is less than or equal to the percentage of energy provided by one or more renewable energy sources to the data center, a value of the green quotient of the data center that indicates the data center is energy efficient. With respect to claims 4, 11, and 18, wherein specifying the value for the green quotient of the data center that indicates whether the data center is energy efficient comprises, specifying, in response to determining that the energy quotient of the data center is greater than the percentage of energy provided by one or more renewable energy sources to the data center, a value of the green quotient of the data center that indicates the data center is not energy efficient. With respect to claims 6 and 13, wherein determining the green quotient of the application that specifies the value that indicates whether the data center deploying the application is energy efficient comprises determining, based on a pattern of the energy usage of the data center, that the data center is not energy efficient, and wherein invoking the action to improve energy usage of the data center comprises invoking, in response to determining that the data center is not energy efficient, the action to improve energy usage of the data center before a next determining of whether the data center is not energy efficient. Conclusion The additional prior arts made of record and have not been relied upon are considered pertinent to applicant's disclosure as follows: Chen et al. (“Green-Aware Workload Scheduling in Geographically Distributed Data Centers”, IEEE, 2012, p.82-89) . Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Enter examiner's name" \* MERGEFORMAT HIEN (CINDY) D KHUU whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-8585 . The examiner can normally be reached on FILLIN "Work schedule?" \* MERGEFORMAT Monday-Friday 9am-5:30pm . 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, Ken Lo can be reached on 571-272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HIEN D KHUU/ Primary Examiner, Art Unit 2116 DATE \@ "MMMM d, yyyy" March 17, 2026
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Prosecution Timeline

Apr 21, 2023
Application Filed
Mar 17, 2026
Non-Final Rejection — §101, §103, §DP (current)

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2y 9m
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