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
In the amendment filed on 03/06/2026, claims 1-20 are pending and claims 1, 8 and 15 are amended.
This is a Final Action.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection.
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 1-4, 8-11, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Graham US Publication 2009/0138752 in view of Kamiya US Publication 20220237016 and Ghosh US Patent 9,286,104.
18/350,841
Graham US Publication 2009/0138752 in view of Kamiya US Publication 20220237016 and Ghosh US Patent 9,286,104
Claim 1
A computer-implemented method of virtual machine memory management, the method comprising:
assigning, for each virtual machine of a plurality of virtual machines operating at a compute node, one or more respective first memory modules of a plurality of first memory modules to the virtual machine, the plurality of first memory modules operating at a storage node, the storage node physically different and separate from the compute node;
See Graham p0029-p0049;
Kamiya teaches when the associated virtual machine and volume are on different nodes; p0052; p0062-p0064 (the locality between the virtual machine and the volume transitions from a state in which there is not locality to a state in which there is not locality)
It would have been obvious at the time of the invention for a person ordinary skill in the art (POSITA) to include Kamiya’s teaching with method of Graham in order to provide system with the ability to migrate with different system structure.
accessing, by the plurality of virtual machines and over a first communication channel between the compute node and the storage node, the respective first memory modules;
See Graham p0029-p0049;
detecting, for a particular virtual machine of the plurality of virtual machines, a loss of connectivity of the particular virtual machine with respective first memory modules assigned to the particular virtual machine;
in response to detecting the loss of connectivity of the particular virtual machine with respective first memory modules assigned to the particular virtual machine;
See Graham teaches migrate virtual machines from node to another upon detect connectivity issue; p0032 and p0049
Ghosh teaches assign memory modules to VM. (see Ghosh c7:20-50)
It would have been obvious at the time of the invention for a person ordinary skill in the art (POSITA) to include Ghosh’s teaching with method of Graham in order to provide system with the ability to manage memory.
assigning, for the particular virtual machine, one or more second memory modules of a plurality of second memory modules to the particular virtual machine, the plurality of second memory modules operating at the compute node;
establishing a second communication channel between a baseband management controller (BMC) of the storage node and a remote access controller (RAC) of the computing node; and
transferring, over the second communication channel, data stored at the respective first memory modules assigned to the particular virtual machine to the second memory modules assigned to the particular virtual machine while maintaining the particular virtual machine at the computer node and the particular virtual machine continues to operate at the compute node.
Ghosh teaches second memory module in the same cloud computing nodes. (see Ghosh c14:10-30)
It would have been obvious at the time of the invention for a person ordinary skill in the art (POSITA) to include Ghosh’s teaching with method of Graham in order to ability to operate on a cloud system.
Ghosh teaches establish channels between nodes through Network interface controller. (see Fig. 2, p0020-p0042)
Kamiya teaches when the associated virtual machine and volume are on different nodes; p0052; p0062-p0064 (the locality between the virtual machine and the volume transitions from a state in which there is not locality to a state in which there is not locality)
Claim 2
The computer-implemented method of claim 1, further comprising: after transferring the data stored at the respective first memory modules assigned to the particular virtual machine to the assigned second memory modules, restarting the particular virtual machine.
Graham p0035;
Claim 3
The computer-implemented method of claim 2, further comprising:
maintaining operation of the particular virtual machine after restarting.
See Graham p0029-p0049;
Claim 4
The computer-implemented method of claim 1, wherein assigning, for the particular virtual machine, one or more second memory modules of a plurality of second memory modules to the particular virtual machine further comprises:
See Graham p0029-p0049;
see Ghosh c7:20-50
identifying non-volatile memory modules of the one or more second memory modules; identifying volatile memory modules of the one or more second memory modules; determining that one or more of the non-volatile memory modules of the one or more second memory modules is available;
in response to determining that one or more of the non-volatile memory modules of the one or more second memory modules is available, assigning, for the particular virtual machine, one or more of the non-volatile memory modules of the plurality of second memory modules to the particular virtual machine; and transferring, over the second communication channel, data stored at the respective first memory modules assigned to the particular virtual machine to the non-volatile memory modules assigned to the particular virtual machine.
Graham teaches high-availability cluster; See Graham p0009; p0027-p0049;
Ghosh teaches migration based on memory volatility. (see Ghosh c3:5-20);
As per claims 8-11 and 15-18, they are rejected under the same rationale as claims 1-4. See rejection above.
Claims 5-7, 12-14, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Graham US Publication 2009/0138752 in view of Kamiya US Publication 20220237016, Ghosh US Patent 9,286,104 and Doshi US 2022/0114055.
18/350,841
Graham US Publication 2009/0138752 in view of Kamiya US Publication 20220237016 , Ghosh US Patent 9,286,104 and Doshi US 2022/0114055
Claim 5
The computer-implemented method of claim 4, further comprising:
determining that the non-volatile memory modules of the one or more second memory modules are unavailable;
in response to determining that the non-volatile memory modules of the one or more second memory modules are unavailable, assigning, for the particular virtual machine, one or more of the volatile memory modules of the plurality of second memory modules to the particular virtual machine; and
transferring, over the second communication channel, data stored at the respective first memory modules assigned to the particular virtual machine to the non-volatile memory modules assigned to the particular virtual machine.
See Graham p0029-p0049;
Doshi teaches if primary backup is unavailable, the secondary backup is promoted to primary and generator a virtual back up component. (see Doshi p0150-p0156)
It would have been obvious at the time of the invention for a person ordinary skill in the art (POSITA) to include Doshi’s teaching with method of Graham in order to provide system with additional backup.
Claim 6
The computer-implemented method of claim 5, further comprising: determining that the non-volatile memory modules and the non-volatile memory modules of the one or more second memory modules are unavailable; and in response to determining that the non-volatile memory modules and the non-volatile memory modules of the one or more second memory modules are unavailable, assigning, for the particular virtual machine, one or more additional memory modules of a plurality of additional memory modules to the particular virtual machine, the plurality of additional memory modules operating at an additional storage node.
See Graham p0029-p0049;
See Doshi p0150-p0156)
It would have been obvious at the time of the invention for a person ordinary skill in the art (POSITA) to include Doshi’s teaching with method of Graham in order to provide system with a pool of capabilities.
Claim 7
The computer-implemented method of claim 1, wherein the first memory modules are non-volatile dual inline memory modules (NVDIMM) over fabric.
Doshi teaches NVDIMMs. See p0104;
As per claims 12-14, they are rejected under the same rationale as claims 5-7. See rejection above.
As per claims 19-20, they are rejected under the same rationale as claims 5 and 6. See rejection above.
Related Prior Art
Here is a list of reference relates to Resource Management:
Hadas US Publication 2021/0019161: Minimizing downtime of highly available virtual machines.
Paterra et al. US Publication 2024/0202157: Field-reconfigurable cloud-provided servers with application-specific pluggable modules.
Lazri US Publication 2016/0004863: Method for detecting attack on virtual machines.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PENG KE whose telephone number is (571)272-4062. The examiner can normally be reached M-F 6:30-5:00.
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PENG KE
Primary Examiner
Art Unit 2194
/PENG KE/Primary Examiner, Art Unit 2194
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