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
Status of Claims
This action is in reply to the application filed on January 24, 2024.
Claims 1-20 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 24, 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claims 1-10 are drawn to methods while claim(s) 11-20 is/are drawn to an apparatus. As such, claims 1-20 are drawn to one of the statutory categories of invention (Step 1: YES).
Step 2A - Prong One:
Claim 1 (representative of independent claim(s) 11) recites the following steps:
obtaining historical green energy production data that comprises information indicating when and where green energy was generated;
obtaining green energy cost data that comprises information indicating a cost of green energy at various locations in various seasons;
using the historical green energy production data and the green energy cost data to identify a potential target location for migration of a dataset from a current location of the dataset; and
when a cost to perform the migration is lower, by a specified threshold amount, than a cost savings expected to be realized as a result of storing the dataset at the potential target location rather than at the current location, migrating the dataset from a current location of the dataset to the potential target location.
These steps, under its broadest reasonable interpretation, encompass a human manually (e.g., in their mind, or using paper and pen) migrating data to different geographic locations based, at least in part, on the availability and cost of green energy (i.e., one or more concepts performed in the human mind, such as one or more observations, evaluations, judgments, opinions), but for the recitation of generic computer components. If one or more claim limitations, under their broadest reasonable interpretation, covers performance of the limitation(s) in the mind but for the recitation of generic computer components, then it falls within the "mental processes" subject matter grouping of abstract ideas.
As such, the Examiner concludes that claim 1 recites an abstract idea (Step 2A - Prong One: YES).
Independent claim 11 is determined to recite an abstract idea under the same analysis.
Step 2A - Prong Two:
This judicial exception is not integrated into a practical application. The claim(s) recite the additional elements/limitations of:
A non-transitory storage medium having stored therein instructions that are executable by one or more hardware processors to perform operations comprising (Claim 11)
The requirement to execute the claimed steps/functions listed above is equivalent to adding the words ''apply it'' on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. This/these limitation(s) do/does not impose any meaningful limits on producing the abstract idea and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(f)).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A -Prong Two: NO).
Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
As discussed above in "Step 2A - Prong 2", the requirement to execute the claimed steps/functions listed above is equivalent to adding the words "apply it" on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. These limitations therefore do not qualify as "significantly more" (see MPEP 2106.05 (f)).
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
Regarding Dependent Claims:
Dependent claims 2-8, 9, 10, 13-17 and 19-20 fail to include any additional elements and are further part of the abstract idea as identified by the Examiner.
Dependent claims 2, 8, 12 and 18 include additional limitations that are part of the abstract idea except for:
a machine learning model
The additional elements of the dependent claims are equivalent to adding the words ''apply it'' on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. Even in combination, these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself. The claims are ineligible.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tung et al. (2009/0201293) in view of McGuire et al. (2022/0398515).
Claims 1 and 11
Tung discloses a method for providing strategies for increasing the efficiency of data centers using a historical dataset:
obtaining historical green energy production data that comprises information indicating when and where green energy was generated (Tung [0075]); See at least “In the network environment 300 external data sources 345 may provide historical data center data to the service provider server 240 via the feed engine 350…The feed engine 350 may also be used to receive any other data relevant to the system 100, such as real-time information on electricity prices, carbon per kwh generated, etc.” See Figure 25 for where and when green energy was generated”
obtaining green energy cost data that comprises information indicating a cost of green energy at various locations in various seasons (Tung [Claim 4][Figure 25]); See at least “determining an energy cost associated with the configuration of the initial data center…”
Tung does not explicitly disclose migrating data to different geographic locations. McGuire teaches using solar panels [green energy]:
using the historical green energy production data and the green energy cost data to identify a potential target location for migration of a dataset from a current location of the dataset (McGuire [0022][0027]); See at least [0022]“the monitored DC features and tagged DC data enable component 122 to identify if a DC is above or below a predetermined threshold”
when a cost to perform the migration is lower, by a specified threshold amount, than a cost savings expected to be realized as a result of storing the dataset at the potential target location rather than at the current location, migrating the dataset from a current location of the dataset to the potential target location (McGuire [0012]). Where reduced resource usages includes cost reduction as a resource. See “This can include technologies that reduce resource usage as well as incorporate renewable resources. Further, embodiments of the present invention improve the art by solving the solutions stated above by migrating the entire workload or at least a portion of one or more workloads between compatible (i.e., recipient) edge (mainly 5G enabled) data centers automatically to maximize the usage of renewable energy based on the threshold score of the input power based on combination of renewal energy sources…”
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included in the method of providing strategies for increasing the efficiency of data centers, as taught by Tung,, the method of migrating data to different geographic locations, as taught by McGuire, to minimize the environmental impact of workloads in multidata center environments.
Claims 2 and 12
Modified Tung and McGuire disclose the limitations above. Modified McGuire further teaches:
wherein identifying the potential target location is performed using a machine learning model, and wherein inferences generated by the machine learning model are monitored on an ongoing basis for correlation with energy costs actually incurred when the dataset is migrated to the potential target location (McGuire [0026]). See at least “In various embodiments of the present invention, via analytics in a prediction model, component 122 generates placement predictions for one or more workloads, wherein component 122 collects data over time, then uses machine learning techniques to generate one or more placement predictions for one or more workloads based on the collected data.”
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included in the method of providing strategies for increasing the efficiency of data centers, as taught by Tung,, the method of migrating data to different geographic locations, as taught by McGuire, to minimizing the environmental impact of workloads in multidata center environments.
Claims 3 and 13
Modified Tung and McGuire disclose the limitations above. Modified Tung further teaches:
wherein the historical green energy production data and/or the green energy cost data are obtained from one or more producers of the green energy (Tung [0075]). See at least “Alternatively or in addition the historical data center data may be received from the data center monitoring systems 350.” Where the external data sources [345] are the providers.
Claims 4 and 14
Modified Tung and McGuire disclose the limitations above. Modified McGuire further teaches:
wherein the green energy comprises any of: solar-generated energy; wind-generated energy; hydroelectric energy; geothermal energy; biomass energy; tidal and wave generated energy; and biofuel(s) (McGuire [0027]). See “Green energy, as it is known and understood in the art, provides the highest environmental benefit and includes power produced by solar, wind, geothermal, biogas, low-impact hydroelectric, and certain eligible biomass sources.”
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included in the method of providing strategies for increasing the efficiency of data centers, as taught by Tung,, the method of migrating data to different geographic locations, as taught by McGuire, to minimizing the environmental impact of workloads in multidata center environments.
Claims 5 and 15
Modified Tung and McGuire disclose the limitations above. Modified Tung further teaches:
wherein when the cost to perform the migration of the dataset is higher than a cost savings expected to be realized as a result of storing the dataset at the potential target location rather than at the current location, the dataset is not migrated from the current location to the potential target location (Tung [0109][0110]).
Claims 6 and 16
Modified Tung and McGuire disclose the limitations above. Modified McGuire further teaches:
wherein the information included in the historical green energy production data indicates one or more seasons during which the green energy was generated in one of the locations (McGuire [0029]). See at least “Component 122 may predict that Mobile data center in location A will be available in two hours' time, due to the weather forecast and knowledge that it is powered by solar energy ( or that it is nighttime, and a particular DC is currently not be a good fit).”
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included in the method of providing strategies for increasing the efficiency of data centers, as taught by Tung,, the method of migrating data to different geographic locations, as taught by McGuire, to minimizing the environmental impact of workloads in multidata center environments.
Claims 7 and 17
Modified Tung and McGuire disclose the limitations above. Modified McGuire further teaches:
wherein the information included in the historical green energy production data indicates one or more climatic conditions existing in one of the locations at a time, or times, during which the green energy was generated (McGuire [0029]). See at least “Component 122 may predict that Mobile data center in location A will be available in two hours' time, due to the weather forecast and knowledge that it is powered by solar energy ( or that it is nighttime, and a particular DC is currently not be a good fit).”
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included in the method of providing strategies for increasing the efficiency of data centers, as taught by Tung,, the method of migrating data to different geographic locations, as taught by McGuire, to minimizing the environmental impact of workloads in multidata center environments.
Claims 8 and 18
Modified Tung and McGuire disclose the limitations above. Modified McGuire further teaches:
wherein a machine learning model is used to performing an inferencing process that identifies, a potential new location for data storage (McGuire [0026]). See at least “In various embodiments of the present invention, via analytics in a prediction model, component 122 generates placement predictions for one or more workloads, wherein component 122 collects data over time, then uses machine learning techniques to generate one or more placement predictions for one or more workloads based on the collected data.”
Although the limitation has been addressed in view of prior art, the Examiner notes that the particular season (i.e. “based on respective seasonal weather data for one or more of the locations,” as claimed) is considered non-functional descriptive material, of which does not explicitly alter or impact the steps of the method in such a way as to establish a new and unobvious functional relationship with the method as claimed. As such, the non-functional descriptive material limitation can be given little to no patentable weight. See MPEP 2111.05. The functional limitation is using a machine learning model to identify a potential new location based on some criteria. The reference cited teaches this. Appropriate correction is required.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included in the method of providing strategies for increasing the efficiency of data centers, as taught by Tung,, the method of migrating data to different geographic locations, as taught by McGuire, to minimizing the environmental impact of workloads in multidata center environments.
Claims 9 and 19
Modified Tung and McGuire disclose the limitations above. Modified Tung further teaches:
wherein a cost to store the dataset at the potential target location is less than a cost to store the dataset at the current location of the dataset (Tung [0055][0057]). See [0057] “Alternatively or in addition the system 100 may automatically analyze the data center configuration identified by the user A 120A to determine whether the data center configuration may be modified to increase the energy and/or cost saving efficiencies.”
Claims 10 and 20
Modified Tung and McGuire disclose the limitations above. Modified McGuire further teaches:
wherein when an unpredicted weather condition is detected at the current location, or at the potential target location, performing an assessment, based on the unpredicted weather condition, to determine whether the dataset should remain in the current location, or be migrated to the potential target location or elsewhere (McGuire [0029]). See at least “Component 122 may predict that Mobile data center in location A will be available in two hours' time, due to the weather forecast and knowledge that it is powered by solar energy ( or that it is nighttime, and a particular DC is currently not be a good fit).”
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included in the method of providing strategies for increasing the efficiency of data centers, as taught by Tung,, the method of migrating data to different geographic locations, as taught by McGuire, to minimizing the environmental impact of workloads in multidata center environments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RASHIDA R SHORTER whose telephone number is (571)272-9345. The examiner can normally be reached Monday- Friday from 9am- 530pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Lemieux can be reached at (571) 270-3445. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RASHIDA R SHORTER/Primary Examiner, Art Unit 3626