DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to the amendment filed on 3/31/2026. This Action is made FINAL.
Claims 1-20 are pending and they are presented for examination.
Terminal Disclaimer
The terminal disclaimer filed on 3/31/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted (Pat. 11,720,382) has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Amendment
Applicant's arguments with respect to claims 1-20 have been considered but are moot in view of the new ground(s) of rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recite: “select hosts in the host cluster to execute the second VMs, the lifecycle controller further configured to cooperate with the virtualization layer to deploy the first VMs on the hosts alongside the second VMs.
The examiner is unclear if the hosts (bolded above) are referring to the hardware platform of hosts or the selected hosts. Furthermore, the limitation “select hosts” does not specificity what hosts are selected or if all hosts are selected. Therefore, the examiner is unclear what hosts are present in the selected hosts.
Claim 8 (similarly claim 15) recites the limitation “deploying, by the VM in cooperation with the virtualization management server”. There is insufficient antecedent basis for this limitation in the claim. It is unclear what VM “the VM” is referring to.
Claims 2-7, 9-14 and 16-20 are rejected based on rejection of its corresponding dependent claim.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONG U KIM whose telephone number is (571)270-1313. The examiner can normally be reached 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bradley Teets can be reached at 5712723338. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DONG U KIM/Primary Examiner, Art Unit 2197
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