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 .
Claims 1-20 are pending.
Claim Rejections - 35 USC § 102
The 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.
Claim(s) 1, 12, 14, 15, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ferris et al. (US 2012/0137002).
With respect to claim 1, Ferris discloses: A system comprising:at least one memory that stores instructions; and one or more processors configured by the instructions to perform operations comprising: generating, based on historical job data and a plurality of features of an unexecuted computing job, a resource intensity prediction indicating that the unexecuted computing job is predicted to be classified as resource intensive, the historical job data classifying each of a plurality of executed computing jobs as either resource intensive or non-resource intensive; determining a predicted resource intensity category of the unexecuted computing job, the predicted resource intensity category being selected from a plurality of resource intensity categories; accessing utilization data associated with one or more of a plurality of cloud- based job execution destinations; and assigning, based on the predicted resource intensity category and the utilization data, the unexecuted computing job to a selected job execution destination from among the plurality of cloud-based job execution destinations ([0034]-[0035], the intensity category has not been further elaborated in the claim. The broadest reasonable interpretation is “intensity category” is a mere prediction of the amount of resources the workload will demand be based on usage history).
With respect to claim 12, Ferris discloses: wherein the plurality of features of the unexecuted computing job comprises at least one of: job submitter, job type, job submission time, or job start time (id.).
With respect to claim 14, Ferris discloses: wherein the job execution destinations comprise at least one of: a job executor, a queue linked to a job executor, or a queue linked to a plurality of job executors ([0034]-[0035], workloads are reassigned resource servers).
With respect to claim 15 and 18, they recite similar limitations as claim 1 and is therefore rejected under the same citations and rationale.
Allowable Subject Matter
Claims 2-11, 13, 16, 17, 19, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WISSAM RASHID whose telephone number is (571)270-3758. The examiner can normally be reached Monday-Friday 8:00 am-5:00 pm.
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/WISSAM RASHID/ Primary Examiner, Art Unit 2195
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