Prosecution Insights
Last updated: April 18, 2026
Application No. 18/309,171

SYSTEM AND METHOD FOR MANAGING EVENTS IMPACTING OPERATION OF DATA PROCESSING SYSTEMS USING A DIGITAL TWIN

Non-Final OA §103
Filed
Apr 28, 2023
Examiner
HO, ANDY
Art Unit
2194
Tech Center
2100 — Computer Architecture & Software
Assignee
DELL PRODUCTS, L.P.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
930 granted / 1017 resolved
+36.4% vs TC avg
Moderate +8% lift
Without
With
+7.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
16 currently pending
Career history
1033
Total Applications
across all art units

Statute-Specific Performance

§101
14.8%
-25.2% vs TC avg
§103
17.5%
-22.5% vs TC avg
§102
29.6%
-10.4% vs TC avg
§112
25.5%
-14.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1017 resolved cases

Office Action

§103
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. DETAILED ACTION 1. This action is in response to the application filed 4/28/2023. 2. Claims 1-20 have been examined and are pending in the application. 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. 3. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Singh U.S P ublication No. 2024/0340216 in view of Tuukkanen U.S P ublication No . 2020/0041997, and further in view of Ganesan U.S P ublication No. 2023/0161934 . As to claim 1 , Singh teaches a method of managing operation of a data processing system with limited access to an uplink pathway (… an uplink speed that does not meet a defined threshold …, paragraph 0066 page 8 ) by a data processing system manager ( server 102, Fig. 1 and associated specifications ) , the method comprising: obtaining observational data for an environment in which the data processing system is located (… configured to obtain, from one or more network devices and via a bus, one or more events that can be associated with the one or more network devices of the network …, paragraph 0027 page 3 ) ; identifying a future occurrence of an event that is likely to occur and that will impact the operation of the data processing system (… The event-based analytics tool 106 also can be configured to use the signatures 120 to determine, based on a future event 114, PCAP data 122, log 126, correlated event data 108, and/or a combination thereof, a probable or possible root cause associated with the event 114 (e.g., the cause of the events 114 as indicated by the signatures 120) …, paragraph 0049 page 6 ) ; selecting a command for performance by the data processing system, the command being expected to mitigate an impact of the future occurrence of the event when performed by the data processing system; and providing the command to the data processing system to initiate performance of the command (… the event-based analytics tool 106 can be configured to automatically (e.g., without input and/or interactions from the user or other entity) output one or more commands (not labeled in FIGURE 1) that, when received by a network resource (e.g., an orchestrator, operations management entity, a security platform, or the like), can create a ticket for resolving the identified root cause of the fault, error, or the like and/or resolve a ticket. Thus, the event-based analytics tool 106 can support automatic and/or autonomous ticketing and ticket resolution, where the ticketing and/or ticket resolution can be based on the events 114 detected by the event-based analytics tool 106 …, paragraph 0052 pages 6-7 ) . Singh does not teach simulating operation of the data processing system using the observational data . Tuukkanen teaches a data processing system wherein data are being collected and used for simulat ion ( paragraph 0006 page 1 ) . It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to have modified Singh reference to include the teachings of Tuukkanen reference because by simulating the operation using the data , the system could predict a future event, as disclosed by Tuukkanen . Singh further does not teach a digital twin being intended to duplicate operation of the data processing system in the environment . Ganesan teaches a simulation system wherein a digital twin being used to duplicate operation of the system ( paragraphs 0003-0004 page 1 ). It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to have modified Singh reference , as modified by Tuukkanen reference, to include the teachings of Ganesan reference because by using a digital twin , the system could simulat e the effects of various stimuli and/or inputs on an object without having to actually apply the stimuli and/or inputs to the "real-world" version of the object , as disclosed by Ganesan. As to claim 2 , Singh as modified further teaches the uplink pathway is used to obtain data from the data processing system (…an uplink speed that does not meet a defined threshold…, paragraph 0066 page 8 ) and a downlink pathway is used to transmit data to the data processing system (… a downlink speed that that does not meet a defined threshold for the downlink speed defined for that connection …, paragraph 0066 page 8 ) . As to claim 3 , Singh as modified further teaches the observational data is obtained from a data collector (… The data lake can include data storage resources and compute resources that can configured to obtain, from one or more network devices and via a bus, one or more events that can be associated with the one or more network devices of the network, to analyze the one or more events, to generate, based on the one or more events, correlated event data, and to store in a temporary or persistent data storage device or functionality, the correlated event data. In some embodiments, the data lake can publish or release the correlated event data to the event-based analytics tool instead of, or in addition to, storing the correlated event data …, paragraph 0027 page 3 ) , the data collector being located remote to the data processing system and being capable of transmitting the observational data via a different pathway from the uplink pathway (data lake 110 sending events 108 to server 102, Fig. 1 and associated specifications ) . As to claim 4 , Singh as modified further teaches impacting the operation of the data processing system comprises causing a departure from nominal operation of the data processing system (… the event-based analytics tool can determine, based on some event detected in the future (e.g., after the signatures are generated), a known, predicted, or probable error, fault, or the like; a predicted and/or probable root cause; and/or possible remediation actions or triggers that can or should be taken to remediate the root cause(s) …, paragraph 0029 page 3 ) . As to claim 5 , Singh as modified further teaches selecting the command is performed via a process the data processing system does not have sufficient computing resources to perform (…the event-based analytics tool 106 can be configured to automatically (e.g., without input and/or interactions from the user or other entity) output one or more commands (not labeled in FIGURE 1) that, when received by a network resource (e.g., an orchestrator, operations management entity, a security platform, or the like), can create a ticket for resolving the identified root cause of the fault, error, or the like and/or resolve a ticket. Thus, the event-based analytics tool 106 can support automatic and/or autonomous ticketing and ticket resolution, where the ticketing and/or ticket resolution can be based on the events 114 detected by the event-based analytics tool 106…, paragraph 0052 pages 6-7 ) . As to claim 6 , Singh as modified further teaches re-simulating the operation of the data processing system and identifying that the future occurrence of the event is unlikely to occur ( The event-based analytics tool 106 also can be configured to use the signatures 120 to determine, based on a future event 114,PCAP data 122, log 126, correlated event data 108, and/or a combination thereof, a probable or possible root cause associated with the event 114 (e.g., the cause of the events 114 as indicated by the signatures 120). In some embodiments, for example, a future event 114 can be provided to the signatures 120 as input, and the signatures 120 can determine, based on the input of the event 114, a root cause or the like …., paragraph 0049 page 6 ) . As to claim 7 , Singh as modified further teaches the command is intended to be performed: prior to the future occurrence of the event, or concurrently with the future occurrence of the event (…the event-based analytics tool 106 can be configured to automatically (e.g., without input and/or interactions from the user or other entity) output one or more commands (not labeled in FIGURE 1) that, when received by a network resource (e.g., an orchestrator, operations management entity, a security platform, or the like), can create a ticket for resolving the identified root cause of the fault, error, or the like and/or resolve a ticket. Thus, the event-based analytics tool 106 can support automatic and/or autonomous ticketing and ticket resolution, where the ticketing and/or ticket resolution can be based on the events 114 detected by the event-based analytics tool 106…, paragraph 0052 pages 6-7 ). As to claim 8 , Singh as modified further teaches identifying a similar data processing system, the similar data processing system being subject to conditions similar to those associated with the data processing system; and providing the command to the similar data processing system (… The server computer 102 can output one or more commands or triggers to one or more network devices 116 or other network resources or entities. The commands or triggers can include executable code that, when executed by other devices or entities, can cause various devices, resources, or other entities to create a ticket and resolve the ticket to fix or otherwise remediate the cause of the event 114 …, paragraph 0084 page 10 ) . As to claims 9-14 , note the discussions of claims 1-6 above, respectively. As to claims 15-20 , note the discussions of claims 1-6 above, respectively. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S Patent No. 11,966,820 discloses u tilizing machine learning models with a centralized repository of log data to predict events and generate alerts and recommendations . U.S Patent No. 11,716,241 discloses actively diagnosing and remediating performance degradation in a production network. U.S Patent No. 11, 541,919 discloses automating workflow and performing root cause analysis for enforcement events . Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andy Ho whose telephone number is (571) 272-3762. A voice mail service is also available for this number. The examiner can normally be reached on Monday – Friday, 8:30 am – 5:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Kevin Young can be reached on (571) 270-3180 . Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2100 . Any response to this action should be mailed to: Commissioner for Patents P.O Box 1450 Alexandria, VA 22313-1450 Or fax to: AFTER-FINAL faxes must be signed and sent to (571) 273 - 8300. OFFICAL faxes must be signed and sent to (571) 273 - 8300. NON OFFICAL faxes should not be signed, please send to (571) 273 – 3762 /Andy Ho/ Primary Examiner Art Unit 2194
Read full office action

Prosecution Timeline

Apr 28, 2023
Application Filed
Mar 26, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12602350
HOST ENDPOINT ADAPTIVE COMPUTE COMPOSABILITY
2y 5m to grant Granted Apr 14, 2026
Patent 12585494
METHOD AND SYSTEM FOR PERFORMING DOMAIN LEVEL SCHEDULING OF AN APPLICATION IN A DISTRIBUTED MULTI-TIERED COMPUTING ENVIRONMENT USING HEURISTIC SCHEDULING
2y 5m to grant Granted Mar 24, 2026
Patent 12585513
Data Management Method, Apparatus, and Device, Computer-Readable Storage Medium, and System
2y 5m to grant Granted Mar 24, 2026
Patent 12566628
SYSTEM AND METHOD FOR MANAGING A MIGRATION OF A PRODUCTION ENVIRONMENT EXECUTING LOGICAL DEVICES
2y 5m to grant Granted Mar 03, 2026
Patent 12554548
NODE ASSESSMENT IN HCI ENVIRONMENT
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+7.6%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 1017 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month