DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the. Claims 1-20 are pending.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “first node” in claims 8-14.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 8-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
In particular while claims 8-14 recited “first node” to perform various functions, the whole disclosure of the instant application does not provide a clear structure to perform the various functions associated the “first node” (Fig. 2B , [0054], [0033], [0037] merely mentions that the “first node” can be a “control plane node 210-1” which can be provisioned “according to any configuration metadata and/or binaries included with the request for generation of the cluster”; but there are no mentioning that the “first node” is hardware in nature). As a result, the specification does not demonstrate that applicant has made an invention that achieves the claimed functions because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
The following claim languages are not clear and indefinite:
As per claims 1 and 8, it is not clear if the “first node” is a node that already exist in the “control plane node group” or it is also, like the “nodes with addresses corresponding to the first set of one or more node addresses”, newly created in the group.
As per claims 1, 8 and 15 it is not clear if the limitations prior to “receive… a workload processing request” must be completed before the “receive… a workload processing request” limitation, or the prior limitations are unrelated to latter limitations related to the receiving limitation.
As per claim 8 it is not clear where the if the “first set of one or more node addresses” corresponds to newly created nodes; or they are just a listing of free addresses.
It is not clear if the “first node” have “network connection” in the “control plane node group.”
It is not clear if the “receiving, from the cloud provider, a second plurality of node addresses…” limitation is in response to the “second request” being transmitted or not. As a result it is not clear if the “worker node group” is related to the “workload processing request” or not.
As per claim 15 it is not clear who is performing the steps of the claim (e.g. components of the “cloud provider”; or a node in the “control plane node group” or some other computing system; or a human user).
It is not clear if the “configuring a worker node group” is at all based on “generated estimate” or not.
The dependent claims do not cure the 112(b) issues of their respective parent claims. Therefore, they are rejected for the same reasons as those presented for their respective parent claims.
As per claims 8-14 all the claim limitations associated with corresponding “first node” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed functions and to clearly link the structure, material, or acts to the functions. The specification is unclear with regard to what would be the structure to perform the claimed functions. In particular while claims 8-14 recited “first node” to perform various functions, the whole disclosure of the instant application does not provide a clear structure to perform the various functions associated the “first node” (Fig. 2B , [0054], [0033], [0037] merely mentions that the “first node” can be a “control plane node 210-1” which can be provisioned “according to any configuration metadata and/or binaries included with the request for generation of the cluster”; but there are no mentioning that the “first node” is hardware in nature). This suggests that the "first node" can literally be a processor, a part of a processor, firmware code embedded on a processor, driver of memory subsystem connected to a processor, a compiler, or any program that is executing on a processor that contains code that manages stack allocation. As a result, the specification does not provide sufficient details such that one of ordinary skill in the art would understand what can be the structure(s) that perform(s) the claimed functions. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35
U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35
U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
[AltContent: rect]Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 15 and 20 are rejected under 103 as being unpatentable over Jigalur et al (U.S. Pub. 2024/0231873) in view of Chandrachood et al (U.S. Pat. 11616686).
As per claim 15 Jigalur teaches the invention substantially as claimed including method comprising:
transmitting a first request for at least one node from a cloud provider ([0053], [0052] request is sent to deployer service of control plane to deploy nodes);
based on the first request, receiving, from the cloud provider (control plane), a first set of one or more available nodes ([0054] deployer of control plane provides third node, which is not being used);
configuring control plane network connections between control plane nodes of a control plane node group, wherein the control plane node group comprises a first node and nodes with addresses corresponding to the first set of one or more node ([0054], [0056], [0051] nodes in control plane including inactive control plane nodes are configured with IP addresses and network interfaces that enable them to communicate with one another);
receiving a workload processing request, wherein the workload processing request comprises an indication of requested processes to be executed ([0041] scheduler of control plane distributes workloads across… nodes, this means that the control plane must receive some form of requests for the workloads);
configure a worker node group to process workloads ([0035], [0041] Kubernetes cluster contain nodes to handle workloads distributed by the control plane).
Jigalur does not explicitly teach that the first set of one or more nodes are associated with a first set of one or more node identifiers identifying available nodes; the control plane node group are associated with the node identifiers; transmitting, to the cloud provider, a second request for at least one additional node using a generated estimate of required resources for the workload processing request; and that the work nodes are identified using a second plurality of node identifiers received from the cloud provider, wherein nodes of the worker node group are associated with the second plurality of node identifiers.
However, Chandrachood explicitly teach that the first set of one or more nodes are associated with a first set of one or more node identifiers identifying available nodes; the control plane node group are associated with the node identifiers (col 4 lines 38-55, col 7 lines 40-46 nodes in control plane communicate in their own control plane namespace, each node has its own network stack, this means that they must all be associated with their own network identifiers); transmitting, to the cloud provider, a second request for at least one additional node using a generated estimate of required resources for the workload processing request (col 14 lines 48-61, col 16 lines 28-47 base on predicted demand additional virtual computer system instances can be added); and that the work nodes are identified using a second plurality of node identifiers received from the cloud provider, wherein nodes of the worker node group are associated with the second plurality of node identifiers (col 7 lines 20-49, col 11 lines 20-31, col 18 lines 7-16 control plane creates cluster on which jobs can be executed, the servers in the cluster are configured to communicate in their own network namespace, and they have their own network address).
It would have been obvious to one with ordinary skill in the prior to the effective filling date of the invention to combine the teachings of Jigalur and Chandrachood because both are directed towards management of cluster computing resources. One with ordinary skill in the art would be motivated to incorporate the teachings of Chandrachood into that of Jigalur because Chandrachood further improves efficiency of management of cluster computing resources by account for shifting demands (col 1 lines 13-29).
As per claim 20 Chandrachood teaches receiving a request for generation of a cluster of virtual machines, wherein the request for generation of the cluster of virtual machines comprises configuration metadata; extracting, from the configuration metadata, a number of requested control plane nodes; and based on comparing the number of requested control plane nodes with a number of the nodes available for use, transmitting, to the cloud provider, the first request for at least one node (col 4 lines 23-37, col 8 line 38 – col 9 line 8 Fig. 6, col 10 lines 37-67 base on requirements for an execution environment cluster of virtual computer systems for a requested job can be created, the number of virtual computer system to be added to the cluster based on a determination of existing number of virtual computer system is enough; the virtual computer systems of the clusters can all have their own control plane namespaces, this means that they are also control space nodes that are added for the requested job).
Claims 16-18 are rejected under 103 as being unpatentable over Jigalur et al (U.S. Pub. 2024/0231873) in view of Chandrachood et al (U.S. Pat. 11616686) and in further view of Jiang et al (U.S. Pub. 2024/0103896).
As per claim 16 Jigalur as modified by Chandrachood does not explicitly teach wherein the first node is configured to: generate a plurality of node usage metrics, wherein each node usage metric of the plurality of node usage metrics corresponds to a processing unit usage percentage for each node in the worker node group; and based on comparing each node usage metric of the plurality of node usage metrics to a threshold usage metric, transmit, to the cloud provider, a third request for modifying nodes provisioned to the system by the cloud provider.
However Jiang explicitly teach the first node is configured to: generate a plurality of node usage metrics, wherein each node usage metric of the plurality of node usage metrics corresponds to a processing unit usage percentage for each node in the worker node group (abstract, [0065], [0066], [0030], [0031], [0078] control plane contain components that tracks utilization of resources that are used to service requests, the utilization can correspond to a fraction of complete utilization); and based on comparing each node usage metric of the plurality of node usage metrics to a threshold usage metric, transmit, to the cloud provider, a third request for modifying nodes provisioned to the system by the cloud provider ([0079]-[0083] based on comparison of utilization to thresholds, a number of pods can be increased or decreased by the control plane).
It would have been obvious to one with ordinary skill in the prior to the effective filling date of the invention to combine the teachings of Jiang and Jigalur as modified by Chandrachood because both are directed towards management of distributed computing resources. One with ordinary skill in the art would be motivated to incorporate the teachings of Jiang into that of Jigalur as modified by Chandrachood because Jiang further improves performance of management of distributed computing resources by account providing an efficient scale the number of distributed computing resources ([0008]-[0010]).
As per claim 17 Jiang teaches comprising: determining a first number of worker nodes that exhibit node usage metrics of the plurality of node usage metrics greater than the threshold usage metric; based on comparing the first number of worker nodes to a first maximum threshold number, determining a requested number of additional nodes for processing workloads; and generating the third request for modifying available nodes for processing workloads to include the requested number of additional nodes for processing workloads ([0079]-[0083] based on comparison of utilization to be greater than a threshold, a number of pods can be increased by request of the control plane).
As per claim 18 Jian teaches comprising: determining a second number of worker nodes that exhibit node usage metrics of the plurality of node usage metrics lower than the threshold usage metric; based on comparing the second number of worker nodes to a second maximum threshold number, determining a third number of worker nodes to deactivate; and deactivating the third number of worker nodes ([0079]-[0083] based on comparison of utilization to be lower than a threshold, a number of pods can be decreased by request of the control plane, thereby deactivate some pods).
Claims 1, 5-8, 12-14 and 19 are rejected under 103 as being unpatentable over Jigalur et al (U.S. Pub. 2024/0231873) in view of Chandrachood et al (U.S. Pat. 11616686) and in further view of Henseler et al (U.S. Pub. 2006/0173993).
As per claim 1 Jigalur teaches the invention substantially as disclosed including a system for flexibly managing workloads on Kubernetes clusters, the system comprising: a non-transitory, computer-readable medium storing instructions that are executable by one or more processors ([0033]); and
a first node provisioned by a cloud provider (control plane), designated as a control plane node, and configured to: transmit a first request for at least one additional node provisioned by the cloud provider ([0053], [0052] request is sent to deployer service of control plane to deploy nodes for the control plane, the request comes from a node in the control plane);
receive, from the cloud provider, a first set of one or more node addresses identifying available nodes that are provisioned by the cloud provider based on the first request ([0054] deployer of control plane provides third node, which is not being used; [0054], [0056], [0051] nodes in control plane including inactive control plane nodes are configured with IP addresses and network interfaces that enable them to communicate with one another);
provision a control plane node group comprising the first node and nodes with addresses corresponding to the first set of one or more node addresses; configure control plane network connections between control plane nodes of the control plane node group ([0059], 0054], [0056], [0051] nodes in control plane including inactive control plane nodes are configured with IP addresses and network interfaces that enable them to communicate with one another; the inactive control plane nodes can be newly added nodes);
receive, via the one or more processors, a workload processing request, wherein the workload processing request comprises an indication of one or more requested processes ([0041] scheduler of control plane distributes workloads across… nodes, this means that the control plane must receive some form of requests for the workloads);
generate a worker node group, wherein the worker node group enables processing at least some of the requested processes of the workload processing request ([0035], [0041] Kubernetes cluster contain nodes to handle workloads distributed by the control plane).
Jigalur does not explicitly teach generate an estimate of required resources for the workload processing request; based on the generated estimate of required resources for the workload processing request, transmit, to the cloud provider, a second request for at least one additional node, wherein the second request for at least one additional node comprises the estimate of required resources; and based on receiving, from the cloud provider, a second plurality of node addresses, generate a worker node group using an operating system image; and wherein nodes of the worker node group are associated with the second plurality of node addresses.
However, Chandrachood explicitly teach generate an estimate of required resources for the workload processing request; based on the generated estimate of required resources for the workload processing request, transmit, to the cloud provider, a second request for at least one additional node, wherein the second request for at least one additional node comprises the estimate of required resources; and based on receiving, from the cloud provider, a second plurality of node addresses, generate a worker node group (col 14 lines 48-61, col 14 line 41 – col 15 line 10, col 16 lines 28-47 base on predicted demand, of computing jobs, additional virtual computer system instances can be added by the control plane by instructions sent to a warm resource pool of the control plane, the warm resource pool contains references to computing resources that are available to be used; based on information provided by the warm resource pool a set of resources from the pool are allocated for processing a requested job); and wherein nodes of the worker node group are associated with the second plurality of node addresses (col 7 lines 20-49, col 11 lines 20-31, col 18 lines 7-16 control plane creates cluster on which jobs can be executed, the servers in the cluster are configured to communicate in their own network namespace, and they have their own network address).
It would have been obvious to one with ordinary skill in the prior to the effective filling date of the invention to combine the teachings of Jigalur and Chandrachood because both are directed towards management of cluster computing resources. One with ordinary skill in the art would be motivated to incorporate the teachings of Chandrachood into that of Jigalur because Chandrachood further improves efficiency of management of cluster computing resources by account for shifting demands (col 1 lines 13-29).
Jigalur as modified by Chandrachood does not explicitly teach that the worker node group is generated using an operating system image.
However, Henseler explicitly teach that the worker node group is generated using an operating system image ([0024], [0026], [0030] control nodes creates one or more application/worker nodes based on a software image containing operating system)
It would have been obvious to one with ordinary skill in the prior to the effective filling date of the invention to combine the teachings of Jigalur as modified by Chandrachood and Henseler because both are directed towards management of distributed computing resources. One with ordinary skill in the art would be motivated to incorporate the teachings of Henseler into that of Jigalur as modified by Chandrachood because Henseler further improves functionality of management of distributed computing resources by account providing an efficient way to update distributed computing resources ([0005]).
As per claim 5 Jigalur as modified by Chandrachood and Henseler teaches wherein the first node is configured to: receive a request for updating the worker node group, wherein the request for updating the worker node group comprises an updated operating system image; determine a plurality of inactive worker nodes, wherein the plurality of inactive worker nodes are not processing any workloads; and based on identifying a third plurality of node identifiers corresponding to the plurality of inactive worker nodes, update, for nodes associated with the third plurality of node identifiers, virtual machine software to include the updated operating system image (Henseler [0039]-[0041], [0058], [0059]; [0026] when a request to update image containing operating system for nodes is received, unallocated or offline nodes are selected to be updated; Chandrachood col 11 lines 20-31, col 18 lines 7-16 the servers in the cluster are configured to communicate in their own network namespace, and they have their own network address/identifiers).
As per claim 6 Chandrachood teaches wherein the first node is configured to: receive, from the one or more processors, a request for generation of a cluster of virtual machines, wherein the request for generation of the cluster of virtual machines comprises configuration metadata; extract, from the configuration metadata, a number of requested control plane nodes; and based on comparing the number of requested control plane nodes with a number of the nodes available for use, transmit, to the cloud provider, the first request for at least one additional node (col 4 lines 23-37, col 8 line 38 – col 9 line 8 Fig. 6, col 10 lines 37-67 base on requirements for an execution environment cluster of virtual computer systems for a requested job can be created, the number of virtual computer system to be added to the cluster based on a determination of existing number of virtual computer system is enough; the virtual computer systems of the clusters can all have their own control plane namespaces, this means that they are also control space nodes that are added for the requested job).
As per claim 7 Chandrachood teaches wherein the first node is configured to: extract, from the configuration metadata, a type of requested control plane nodes; and based on comparing the type of requested control plane nodes with a type of the nodes available for use, transmit a third request to the cloud provider for additional nodes of the type of requested control plane nodes col 4 lines 23-37, col 8 line 38 – col 9 line 8 Fig. 6, col 10 lines 37-67 base on requirements for an execution environment cluster of virtual computer systems for a requested job can be created or selected, which means that the created or selected virtual computer systems must have satisfied different types of requirements; the virtual computer systems of the clusters can all have their own control plane namespaces, this means that they are also control space nodes that are added or selected for the requested job).
As per claims 8 and 12-14 they are broader system versions of system claims 1 and 5-7. Therefore, they are rejected for the same reasons, mutatis mutandis, as those presented for claims 1 and 5-7, respectively.
As per claim 19 it is a much broader method version of system claim 5. Therefore it is rejected for the same reasons, mutatis mutandis, as those presented for claim 5.
Claims 2-4 and 9-11 are rejected under 103 as being unpatentable over Jigalur et al (U.S. Pub. 2024/0231873) in view of Chandrachood et al (U.S. Pat. 11616686), Henseler et al (U.S. Pub. 2006/0173993) and in further view of Jiang et al (U.S. Pub. 2024/0103896).
As per claim 2 Jigalur as modified by Chandrachood and Henseler does not explicitly teach wherein the first node is configured to: generate a plurality of node usage metrics, wherein each node usage metric of the plurality of node usage metrics corresponds to a processing unit usage percentage for each node in the worker node group; and based on comparing each node usage metric of the plurality of node usage metrics to a threshold usage metric, transmit, to the cloud provider, a third request for modifying nodes provisioned to the system by the cloud provider.
However Jiang explicitly teach the first node is configured to: generate a plurality of node usage metrics, wherein each node usage metric of the plurality of node usage metrics corresponds to a processing unit usage percentage for each node in the worker node group (abstract, [0065], [0066], [0030], [0031], [0078] control plane contain components that tracks utilization of resources that are used to service requests, the utilization can correspond to a fraction of complete utilization); and based on comparing each node usage metric of the plurality of node usage metrics to a threshold usage metric, transmit, to the cloud provider, a third request for modifying nodes provisioned to the system by the cloud provider ([0079]-[0083] based on comparison of utilization to thresholds, a number of pods can be increased or decreased by the control plane).
It would have been obvious to one with ordinary skill in the prior to the effective filling date of the invention to combine the teachings of Jiang and Jigalur as modified by Chandrachood and Henseler because both are directed towards management of distributed computing resources. One with ordinary skill in the art would be motivated to incorporate the teachings of Jiang into that of Jigalur as modified by Chandrachood and Henseler because Jiang further improves performance of management of distributed computing resources by account providing an efficient scale the number of distributed computing resources ([0008]-[0010]).
As per claim 3 Jiang teaches wherein the first node is configured to: determine a first number of worker nodes that exhibit node usage metrics of the plurality of node usage metrics greater than the threshold usage metric; based on comparing the first number of worker nodes to a first maximum threshold number, determine a requested number of additional nodes for processing workloads; and generate the third request for modifying nodes provisioned to the system by the cloud provider to include the requested number of additional nodes for processing workloads ([0079]-[0083] based on comparison of utilization to be greater than a threshold, a number of pods can be increased by request of the control plane).
As per claim 4 Jiang teaches wherein the first node is configured to: determine a second number of worker nodes that exhibit node usage metrics of the plurality of node usage metrics lower than the threshold usage metric; based on comparing the second number of worker nodes to a second maximum threshold number, determine a third number of worker nodes to deactivate; and deactivate the third number of worker nodes ([0079]-[0083] based on comparison of utilization to be greater than a threshold, a number of pods can be increased by request of the control plane).
As per claims 9-11 they are broader system versions of system claims 2-4. Therefore, they are rejected for the same reasons, mutatis mutandis, as those presented for claims 2-4, respectively.
Conclusion
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/BING ZHAO/Primary Examiner, Art Unit 2151