Detailed Action
This action is in response to application filed on 05/26/2023 which claims benefit to provisional application 63/347815 filed on 06/01/2022.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending.
Claims 1-20 are rejected.
Claims 21-28 are canceled.
Information Disclosure Statement
The information disclosure Statement (IDS) submitted on 09/20/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS statements are being considered by the examiner.
Drawings
The drawings submitted on 05/26/2023 are accepted.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 15 recite the limitation "the request". There is insufficient antecedent basis for this limitation in the claims.
Appropriate amendments/remarks required.
Claim Interpretation- 35 USC § 101
Claim 17 recites “hosts”/“host”. The specification of present application describes “hosts/host” as including “circuitry, which is described below in connection with FIG. 7”. Accordingly, “hosts”/host as recited in claim 17 is interpreted as hardware and/or as including at least one component that necessarily a hardware.
Examiner Notes
Examiner cites particular columns, paragraphs, figures and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 102
Following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5, 7-11, 13, and 15-19 are rejected under 35 U.S.C 102(a)(1)(a)(2) as being anticipated by Goodman et al. (WO 2020/263611 A1, cited in IDS dated: 09/20/2024, referred herein after as D1).
As per claim 1, D1 discloses,
A non-transitory machine readable storage medium comprising instructions to cause programmable circuitry to at least, (D1, 0015, fig. 11).
in a first host of a plurality of hosts, monitor, with first control plane services, an availability of second control plane services at a second host of the plurality of hosts, (D1, 0015-0016, 0028, 0034, figures 1-2, discloses in a first host of a plurality of hosts (e.g. figure 1, nth child areas/nth parent areas /control planes/control plane monitor collectively construed as first “host”), monitor (e.g. control plane monitor 120), with first control plane services (e.g. control plane monitor 120 distributed in nth parental areas in conjunction with plane control 112), an availability of second control plane services at a second host/parent area/region of the plurality of hosts (e.g. plurality of child/parent/monitors/control planes).)
wherein the first control plane services and the second control plane services support implementation of application programming interface (API) requests in association with managing a cluster, the cluster including the plurality of hosts, (D1, 0019, 0032, figure 1-2, discloses user may interact with provider network/hosts using API calls via console control plane/s of the provider to call on services/VM which fairly reads on the first control plane services and the second control plane services support implementation of application programming interface (API) requests in association with managing/calling a cluster/service, the cluster including the plurality of hosts/services/VMs.)
after a determination that the second control plane services at the second host is not available, assign the first control plane services at the first host to operate in place of the second control plane services at the second host, (D1, 0015-0016, 0044-0050, fig. 2, 6 shows/discloses after a determination that the second control plane services at the second host is not available (e.g. loss power, communication issues, capacity issues etc., see figure 6, steps 602-606), assign the first control plane services at the first host to operate in place of the second control plane services at the second host.).
in the first host, identify an API request in association with at least one virtual machine for the cluster, (D1, 0015-0016, 0019, 0032, 0044-0050, fig. 2, 6 shows/discloses after a determination that the second control plane services at the second host is not available (e.g. loss power, communication issues, capacity issues etc.), assign the first control plane services at the first host to operate in place of the second control plane services at the second host, where D1 discloses user may interact with provider network/hosts/VM in the cluster via API calls to the provider which fairly reads on in the first host, identify/forward an API request in association with at least one virtual machine/service for the cluster based on updated endpoints/assigning of first control plane services. ).
and in the first host, assign, via the first control plane services at the first host, resources of one or more hosts in the cluster to support the API request, (D1, 0019, 0024, 0031-0032, 0049, fig. 2, 6 shows/discloses after a determination that the second control plane services at the second host is not available (e.g. loss power, communication issues, capacity issues etc.), assign the first control plane services at the first host to operate in place of the second control plane services at the second host, and reassigning of child resources, where D1 discloses user may interact with provider network/hosts/VM in the cluster by use of API calls forwarded via control plane to various hosts/vms and adjusting/allocating data plane capacity of child area via control plane server which reads on in the first host, assign/allocate, via the first control plane services at the first host, resources/capacity of one or more hosts in the cluster to support the API request.).
As per claim 2, the rejection of claim 1 further incorporated, D1 discloses,
wherein the instructions are to cause the programmable circuitry to assign the first control plane services at the first host to operate in place of the second control plane services at the second host by initiating the first control plane services at the first host to act in place of the second control plane services at the second host, (D1, 0015-0016, 0044-0050, fig. 2, 5-6 shows/discloses after a determination that the second control plane services at the second host is not available (e.g. loss power, communication issues, capacity issues etc.), assign the first control plane services at the first host to operate in place of the second control plane services at the second host and initiating/executing the first control plane services at the first host to act/execute in place of the second control plane services at the second host.).
As per claim 3, the rejection of claim 1 further incorporated, D1 discloses,
wherein the instructions are to cause the programmable circuitry to assign the first control plane services at the first host to operate in place of the second control plane services at the second host by assigning the first control plane services to operate as a leader in place of the second control plane services at the second host, (D1, 0015-0016, 0044-0050, fig. 2, 5-6 shows/discloses after a determination that the second control plane services at the second host is not available (e.g. loss power, communication issues, capacity issues etc.), assign the first control plane services at the first host to operate in place of the second control plane services at the second host and assigning the first control plane services to operate as a leader/executor/processor in place of the second control plane services at the second host.).
As per claim 5, the rejection of claim 1 further incorporated, D1 discloses,
wherein the instructions are to cause the programmable circuitry to store configuration information associated with the virtual machine in a data store, (D1, 0019 discloses VMs/hosts/services are executed which inherently requires storage of information associated with virtual machines in the working memory/RAM of the computing device.).
As per claim 7, the rejection of claim 1 further incorporated, D1 discloses,
wherein the instructions are to cause the programmable circuitry to obtain the request from a third host of the plurality of hosts, (D1, 0030-0032 discloses receiving requests from nth child area of the plurality of child areas having plurality of hosts).
As per claim 8, the rejection of claim 1 further incorporated, D1 discloses,
wherein the API request is to cause at least one of i) initiating at least one virtual machine in the cluster, ii) performing resource management in the cluster, or iii) performing storage management in the cluster, (D1, 0019, 0075 users being to access storage vis API and performing resource management in the cluster/hosts/storage, or iii) performing storage management in the cluster/hosts/storage.).
As per claims 9-11, 13, 15-16, and 17-19:
Claims 9-11, 13, 15-16, and 17-19 are system claims corresponding to medium claim 1-3, 5, 7-8 are of substantially scope.
Accordingly, claims 9-11, 13, 15-16, and 17-19 are rejected under the same rational as set forth for claims 1-3, 5, and 7-8.
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.
Claim 4, 12, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Goodman et al. (WO 2020/263611 A1, referred herein after as D1) in view of Celebioglu (US 20230221996 A1, referred hereinafter as D2.).
As per claims 4, 12, and 20, the rejection of claims 1, 9, and 17 further incorporated, D1 discloses,
wherein the instructions are to cause the programmable circuitry to: after identification of the API request,… API…, including third control plane… via third control plane services on a third host of the plurality of hosts …, initiate the virtual machine (D1, 0015-0016, 0019, 0032, 0044-0050, fig. 2, 6 shows/discloses after a determination that the second control plane services at the second host is not available (e.g. loss power, communication issues, capacity issues etc.), assign the first control plane services at the first host or another host to operate in place of the second control plane services at the second host, where D1 discloses user may interact with provider network/hosts/VM in the cluster via API calls to the provider which fairly reads on in the first host, identify/forward an API request in association with at least one virtual machine/service for the cluster based on updated endpoints/assigning of first control plane services, and exaction of VM.).
As noted above, D1 discloses controls planes, including third control plane… via third control plane services on a third host of the plurality of hosts; however, D1 fails to expressly disclose - determine whether a quorum exists for the… request… , wherein the assignment of resources of the one or more hosts occurs after a determination that the quorum exists to [process the request].
D2 (fig.3 and accompanying text) disclose known methods for determine whether a quorum exists for the… request to processed with a selected node… , wherein the assignment of resources of the one or more hosts occurs after a determination that the quorum exists to process the request using the selected node/resource.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, disclosed in D1, to include the teachings of D2 as noted above. This would have been obvious for the purpose of to improve the resiliency of distributed systems to unavailability of portions of the distributed system as disclosed by D2 (0017).
Claims 6, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Goodman et al. (WO 2020/263611 A1, referred herein after as D1) in view of Ramalingam (US 9588788 B1, referred hereinafter as D3).
As per claims 6, and 14, the rejection of claims 1, and 9 further incorporated, D1 discloses,
wherein the first control plane services, on the first host, execute… on the first host, (D1, 0015-0016, 0019-0021, fig.1. shows/discloses wherein the first control plane services, on the first host, execute… on the first host).
D1 fails to expressly disclose control plane service execute - as one or more containers.
However, D3 (fig. 7a-7b, col. 14 lines 36-53) discloses known ways to have programs/functions (e.g. control plane service) to be containerized and have the containerized program/service/application execute as one or more containers.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, disclosed in D1, to include the teachings of D3 as noted above. This would have been obvious for the purpose of providing flexibility in locating the program components in the distributed execution environment for efficient execution as disclosed by D3(col. 14).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Non-Disruptively Moving A Storage Fleet Control Plane
DOCUMENT ID
US 20220317912 A1
DATE PUBLISHED
2022-10-06
Abstract
Non-disruptively moving a storage fleet control plane, including deploying, on an edge device, one or more agents that are managed by a control plane residing in a cloud computing environment; mediating one or more API requests, generated by the control plane, directed to the one or more agents on the edge device; and migrating, in response to a first condition, the control plane to the edge device.
REMOTE CONTROL PLANES WITH AUTOMATED FAILOVER
DOCUMENT ID
US 20200403847 A1
DATE PUBLISHED
2020-12-24
Abstract
Techniques for automated failover of remote control planes are described. A method of automated failover of remote control planes include determining failover event associated with a first control plane has occurred, the first control plane associated with a first area of a provider network, identifying a second control plane associated with a second area of the provider network, and failing over the first area of the provider network from the first control plane to the second control plane, wherein the child area updates one or more references to endpoints of the first control plane to be references to endpoints of the second control plane.
See form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSTAFA A AMIN whose telephone number is (571)270-3181. The examiner can normally be reached on Monday-Friday from 8:00 AM to 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. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MUSTAFA A AMIN/ Primary Examiner, Art Unit 2194