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
Claims 1-21 are pending.
Examiner Notes
Examiner cites particular paragraphs and/or columns and lines in the references as applied to Applicant’s claims 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 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. The prompt development of a clear issue requires that the replies of the Applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP § 2163.06.
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.
Authorization for Internet Communications in a Patent Application
Applicant is encouraged to file an Authorization for Internet Communications in a Patent Application form (http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) along with the response to this office action to facilitate and expedite future communication between Applicant and the examiner. If the form is submitted then Applicant is requested to provide a contact email address in the signature block at the conclusion of the official reply.
Allowable Subject Matter
Claims 3-11 and 14-20 are objected to as being dependent upon a rejected base claim, but would be allowable over the prior art of record if rewritten to overcome the applicable rejection(s) and/or objection(s) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims because the examiner found neither prior art cited in its entirety, nor based on the prior art, found any motivation to combine any of the said prior art.
Claim Objections
As per claim 3, it is objected to because of a minor informality. A period should be inserted after “3” in line 1 of claim 3. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.131(c). A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional, the reply must be complete. MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
As per claims 1-2, 12-13, and 21, they are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-2, 12, and 20 of U.S. Application 18/381,665, as most recently amended. This is a provisional obviousness-type double patenting rejection because the conflicting claims have not been patented.
The present application has the same inventive entity, assignee, and with identical disclosures as U.S. Application 18/381,665. Although the conflicting claims are not identical, they are not patentably distinct from each other because the limitations of claims 1-2, 12, and 20 of U.S. Application 18/381,665 contain, and have obvious substantially similar limitations of claims 1-2, 12-13, and 21 of the Instant Application (See MPEP 804). A table has been constructed below to illustrate this:
Instant Application
Copending U.S. Application 18/381,665
Claim 1. An automated cloud-infrastructure manager comprising:
one or more computer systems, each containing one or more processors, one or more memories, and one or more data-storage devices; and
processor instructions, stored in one or more of the one or more memories that, when executed by one or more of the one or more processors, control the one or more computer systems to implement the automated cloud-infrastructure manager, the automated cloud- infrastructure-manager comprising
a management interface that receives cloud-infrastructure-management commands and requests, including
idempotent state commands that deploy and configure cloud infrastructure,
describe commands that return deployment and configuration information about already deployed and configured cloud infrastructure, and
management-conversion commands that each transfers management of an already deployed and configured cloud infrastructure to the automated cloud-infrastructure manager by generating a parameterized cloud template for the already deployed and configured cloud infrastructure, using a data representation previously generated for the already deployed and configured cloud infrastructure, the parameterized cloud template subsequently used to carry out management commands and requests by the automated cloud-infrastructure manager, and
an execution engine that executes the received cloud-infrastructure- management commands and requests.
Claim 2. The automated cloud-infrastructure manager of claim 1 wherein the parameterized cloud template comprises: one or more data files containing resource specifications; a resource_ids file; and one or more parameters files.
Claim 12. A method that transitions already deployed and configured cloud infrastructure to management by an automated cloud-infrastructure manager, the method comprising:
generating a parameterized cloud template for the deployed and configured cloud infrastructure using a previously generated data representation of the already deployed and configured cloud infrastructure; and
Claim 13. The method of claim 12 wherein the parameterized cloud template comprises: one or more data files containing resource specifications; a resource_ids file; and one or more parameters files.
using, by the automated cloud-infrastructure manager, the parameterized cloud template to carry out management commands and requests.
Claim 21. A physical data-storage device encoded with processor instructions that, when executed by one or more processors within one or more computer systems, each containing one or more processors, one or more memories, and one or more data-storage devices, control the one or more computer systems to implement an automated cloud-infrastructure manager, the automated cloud-infrastructure manager including:
a management interface that receives cloud-infrastructure-management commands and requests, including
idempotent state commands that deploy and configure cloud infrastructure,
describe commands that return deployment and configuration information about already deployed and configured cloud infrastructure, and
management-conversion commands that each transfers management of an already deployed and configured cloud infrastructure to the automated cloud-infrastructure manager by generating a parameterized cloud template for the already deployed and configured cloud infrastructure, using a data representation previously generated for the already deployed and configured cloud infrastructure, the parameterized cloud template subsequently used to carry out management commands and requests by the automated cloud-infrastructure manager, and
an execution engine that executes the received cloud-infrastructure-management commands and requests.
Claim 1. An automated cloud-infrastructure manager comprising:
one or more computer systems, each containing one or more processors, one or more memories, and one or more data-storage devices; and
processor instructions, stored in one or more of the one or more memories that, when executed by one or more of the one or more processors, control the one or more computer systems to implement the automated cloud-infrastructure manager, the automated cloud-infrastructure-manager comprising
a management interface that receives cloud-infrastructure-management commands and requests, including
idempotent state commands that deploy and configure cloud infrastructure,
describe commands that return deployment and configuration information about already deployed and configured cloud infrastructure, and
management-conversion commands that each transfers management of an already deployed and configured cloud infrastructure to the automated cloud-infrastructure manager by generating a parameterized cloud template for the already deployed and configured cloud infrastructure using a previously generated data representation for the already deployed and configured cloud infrastructure, the parameterized cloud template including template-language emulations of constructs in the data representation previously generated for the already deployed and configured cloud infrastructure, and
an execution engine that executes the received cloud-infrastructure-management commands and requests, that includes a template-language engine that, in a preprocessing step, expands the emulations of constructs, and that modifies and updates the cloud infrastructure according to modifications and updates to the parameterized cloud template.
Claim 2. The automated cloud-infrastructure manager of claim 1 wherein the parameterized cloud template comprises: one or more data files containing resource specifications; a resource_ids file; and one or more parameters files.
Claim 12. A method that
generates a parameterized cloud template from deployment and configuration information about an already deployed and configured cloud infrastructure returned by a describe command, a previously generated data representation for the already deployed and configured cloud infrastructure, and template-language emulations of constructs in the data representation previously generated for the already deployed and configured cloud infrastructure, the method comprising:
generating one or more data files containing resource specifications, a resource_ids file; and one or more parameters files that together comprise the parameterized cloud template; and
for each construct in the previously generated data representation for the already deployed and configured cloud infrastructure,
emulating the construct in the data file of the parameterized cloud template containing information equivalent to information represented by the construct using a template-language emulation.
Claim 20. A physical data-storage device encoded with processor instructions that, when executed by one or more processors within one or more computer systems, each containing one or more processors, one or more memories, and one or more data-storage devices, control the one or more computer systems to implement an automated cloud-infrastructure manager, the automated cloud-infrastructure manager including:
a management interface that receives cloud-infrastructure-management commands and requests, including
idempotent state commands that deploy and configure cloud infrastructure,
describe commands that return deployment and configuration information about already deployed and configured cloud infrastructure, and
management-conversion commands that each transfers management of an already deployed and configured cloud infrastructure to the automated cloud-infrastructure manager by generating a parameterized cloud template for the already deployed and configured cloud infrastructure using a previously generated data representation for the already deployed and configured cloud infrastructure, the parameterized cloud template including template-language emulations of constructs in the data representation previously generated for the already deployed and configured cloud infrastructure, and
an execution engine that executes the received cloud-infrastructure-management commands and requests, that includes a template-language engine that, in a preprocessing step, expands the emulations of constructs, and that modifies and updates the cloud infrastructure according to modifications and updates to the parameterized cloud template.
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.
(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.
Claim 12 is rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Lawson et al. (US 2013/0212129) (hereinafter Lawson).
As per claim 12, Lawson teaches a method that transitions already deployed and configured cloud infrastructure to management by an automated cloud-infrastructure manager ([0102] after deployment, virtual machines can be monitored and administered via virtual machine control panel and [0104] once a cloud-based system has been configured and deployed, a dashboard template can be used to display an overview of the cloud-based system), the method comprising:
generating a parameterized cloud template ([0061] develop a cloud template and [0066] cloud template has parameters i.e., parameterized cloud template) for the deployed and configured cloud infrastructure using a previously generated data representation of the already deployed and configured cloud infrastructure ([0063] to facilitate simple and flexible cataloging of the cloud template, publishing client can allow developers at development workstation to select values for fields from a list of classifications already existing in library and [0065] a subset of the search criteria can be inferred by the search interface based in part on extrinsic data relating to the user's existing control system); and
using, by the automated cloud-infrastructure manager, the parameterized cloud template to carry out management commands and requests ([0051] deliver identified cloud templates to the originator of the search request including sending the cloud templates to the requesting client device via a cloud platform; [0067] requested cloud template is to be used to configure and manage a cloud-based motion control system; [0074] cloud templates can facilitate building and managing cloud environments; [0081] control panel template can allow a number of high-level cloud administrative aspects to be managed via client device).
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 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Lawson in view of Eitzmann et al. (US 7,898,546) (hereinafter Eitzmann).
As per claim 1, Lawson primarily teaches the invention as claimed including an automated cloud-infrastructure manager comprising:
one or more computer systems, each containing one or more processors (fig. 19, block 1914), one or more memories (fig. 19, block 1916), and one or more data-storage devices (fig. 19, block 1924); and
processor instructions, stored in one or more of the one or more memories that, when executed by one or more of the one or more processors, control the one or more computer systems to implement the automated cloud-infrastructure manager ([0047]; [0083]; and [0112] programmable automation controllers for cloud-based systems), the automated cloud- infrastructure-manager comprising
a management interface that receives cloud-infrastructure-management commands and requests (fig. 2, blocks 212 and 218 user interface component receives configuration input;[0052] interface component receives cloud template submissions and search criteria; [0064] GUI for receiving selection input from a user), including
commands that deploy ([0089] configuration data sent to cloud platform to facilitate deployment of cloud-based data system) and configure cloud infrastructure ([0104] configure and deploy cloud-based system),
describe commands ([0068] render a list of identified cloud templates including descriptions of the templates) that return deployment and configuration information about already deployed and configured cloud infrastructure ([0067] return existing cloud templates in response to a search for existing cloud templates and [0073] return cloud template information to search interface of available cloud templates), and
management-conversion commands that each transfers management of an already deployed and configured cloud infrastructure to the automated cloud-infrastructure manager ([0102] after deployment, virtual machines can be monitored and administered via virtual machine control panel and [0104] once a cloud-based system has been configured and deployed, a dashboard template can be used to display an overview of the cloud-based system) by generating a parameterized cloud template for the already deployed and configured cloud infrastructure, using a data representation previously generated for the already deployed and configured cloud infrastructure ([0063] to facilitate simple and flexible cataloging of the cloud template, publishing client can allow developers at development workstation to select values for fields from a list of classifications already existing in library and [0065] a subset of the search criteria can be inferred by the search interface based in part on extrinsic data relating to the user's existing control system), the parameterized cloud template subsequently used to carry out management commands and requests by the automated cloud-infrastructure manager ([0051] deliver identified cloud templates to the originator of the search request including sending the cloud templates to the requesting client device via a cloud platform; [0067] requested cloud template is to be used to configure and manage a cloud-based motion control system; [0074] cloud templates can facilitate building and managing cloud environments; [0081] control panel template can allow a number of high-level cloud administrative aspects to be managed via client device), and
an execution engine that executes the received cloud-infrastructure-management commands and requests ([0037] execute a user-defined control program that performs automated decision-making for the controlled processes based on the received signals; [0039] services can reside and execute on the cloud platform as a cloud-based service; [0070] execution of cloud templates and cloud-based applications; [0072] and [0076] execution of cloud-based applications or services).
Lawson does not explicitly teach idempotent state commands.
However, Eitzmann teaches idempotent state commands (col. 6, ll. 1-8 the system supports idempotence and the state is arranged such that all state commands are idempotent as a fundamental part of the process. Idempotence is a well-known mathematical concept in which an operation produces the same result regardless of whether the operation is performed once or multiple times. Idempotent state commands can be sent in any order and any number of times and the resulting machine state will be the same).
Eitzmann and Lawson are both concerned with managing hardware/software states in computing environments and are therefore combinable/modifiable. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lawson in view of Eitzmann because it would provide the use of cloud templates that allow devices to quickly and easily implement cloud-based solutions for automation thus allowing authorized users to control various aspects of a cloud-based solution e.g., resource allocation, billing, user management, device management, etc., or to render dashboards that provide views of selected portions of a cloud-based industrial solution. Virtual machine management templates can also be provided that facilitate creation, deployment, and control of cloud-based virtual machines used to monitor or control portions of an automation system via a cloud platform.
As per claim 21, it has similar limitations as claim 1 and is therefore rejected using the same rationale.
Claims 2 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lawson in view of Eitzmann in view of Madapoosi Sampath et al. (US 2020/0329464) (hereinafter Madapoosi).
As per claim 2, Lawson in view of Eitzmann do not explicitly teach wherein the parameterized cloud template comprises: one or more data files containing resource specifications; a resource_ids file; and one or more parameters files.
However, Madapoosi teaches wherein the parameterized cloud template comprises: one or more data files containing resource specifications ([0119]-[0122] cloud template file containing parameters for specifying hardware resources); a resource_ids file ([0004] identify, based on the entries of the template file, computing resources that should be provisioned onto the cloud-based networks and automatically provision the identified computing resources and [0150] identify target computing resources that should be added to cloud-based networks after receiving template file); and one or more parameters files ([0123]-[0124] template file may include configurable parameters that describe dependencies between computing resources).
Madapoosi and Lawson are both concerned with cloud management in computing environments and are therefore combinable/modifiable. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lawson in view of Eitzmann in view of Madapoosi because it would provide a customizable software application to allow both technical and non-technical users from a managed network to orchestrate computing resources offered by cloud-based networks. This may dynamically identify customizable parameters of a cloud template file and provide users with options to populate these parameters, rather than having to rely on the assistance of an application developer or system administrator. Advantageously, this results in a technical improvement for providing a customizable interface and method for orchestrating computing resources without the need to consult with application developers or system administrators.
As per claim 13, it has similar limitations as claim 2 and is therefore rejected using the same rationale.
Citation of Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure:
Porwal et al. (US 2018/0173477) disclose integrated services for forms generation and maintenance on a cloud.
Krishnan et al. (US 10,382,353) disclose enhancing incomplete cloud templates for infrastructure deployment.
Keyser (US 2019/0227780) disclose versioning a cloud environment.
Carpenter et al. (US 2017/0026416) disclose automated compliance checking through analysis of cloud infrastructure templates.
Rallabandi ("LINCHPIN: A YAML TEMPLATE BASED CROSS CLOUD RESOURCE
PROVISIONING TOOL") discloses cloud templates and idempotency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam Lee whose telephone number is (571) 270-3369. The examiner can normally be reached on M-TH 8AM-5PM.
If attempts to reach the above noted Examiner by telephone are unsuccessful, the Examiner’s supervisor, Pierre Vital, can be reached at the following telephone number: (571) 272-4215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Adam Lee/Primary Examiner, Art Unit 2198 March 23, 2026