Prosecution Insights
Last updated: July 17, 2026
Application No. 18/427,022

LCS EMULATED-PHYSICAL-FUNCTION-ENABLED RESOURCE SYSTEM

Non-Final OA §103
Filed
Jan 30, 2024
Priority
Jan 27, 2023 — CIP of 18/160,738
Examiner
CASTANEDA, IVAN ALEXANDER
Art Unit
2195
Tech Center
2100 — Computer Architecture & Software
Assignee
Dell Products L.P.
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
4 granted / 6 resolved
+11.7% vs TC avg
Strong +67% interview lift
Without
With
+66.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
19 currently pending
Career history
41
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
94.4%
+54.4% vs TC avg
§102
0.8%
-39.2% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 6 resolved cases

Office Action

§103
CTNF 18/427,022 CTNF 100391 DETAILED ACTION This Office Action is in response to claims filed on Claims 1-20 are pending. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-4, 7-11, and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Doshi et al. Pub. No. US 2022/0114055 A1 (hereinafter Doshi) in view of Kakaiya et al. Patent No. US 11,055,147 B2 (hereinafter Kakaiya) . With regard to claim 1, Doshi teaches a Logically Composed System (LCS) emulated Physical Function (ePF) [virtual device]-enabled resource system ([0022], The systems and techniques discussed herein enable designed replaceability so that alike components may absorb roles of each other and enable programmable (e.g. reconfigurable, etc.) communication meshes which interconnect the components to permit mapping; [0132], device virtualization through agency of operating system/virtual machine manager software by a cluster in a box manager for transparent dynamic reassembly of computing resource compositions) , comprising: a resource management system ([0022], A software agent is fully rusted and onboarded together with a CPU of a server and this software agent functions as a cluster-in-a-bx (CLUB) manager. The CLUB manager acts as a policy and control point for resiliency in the platform. The CLUB manager may assign resources or virtualize them (e.g., with help from the microvisor)) ; at least one resource device that is configured to provide resource functionality ([0104], The system 800 includes a server 805 and its organization pooled capabilities 810; [0105], The pooled capabilities 810 include various rack-level/sub-rack level resources that are available for dynamic course-grained allocation) ; a resource system that is coupled to the resource management system and the at least one resource device, wherein the resource system includes a microvisor subsystem ([0022],A hardware-based self-abstraction mechanism in the server, a microvisor, carries out reconfiguration as directed by a software agent (Examiner notes: the CLUB resource manager); [0107], A microvisor entity acts as a hardware embedded hypervisor from managing how resources are named and how they communicate with one another on the basis of those names) that is configured to: provide, in response to LCS configuration operations by the resource management system ([0106], The devices and the meshes or collection of buses are that interconnect them are configurable dynamically. There are a set of configuration resources (such as registers) (not shown) that may be set or cleared in order to include or exclude a component and a link in a communication mesh into an active set) , a Logically Composed System (LCS) ([0109], The microvisor controls which components of the server 805 and of the pooled entities 810 beyond the server 805 are active in a single logical composition) and an emulated Physical Function (ePF) [a virtual device] that is presented to the LCS as providing the resource functionality ([0132], FIG. 12, illustrates a flow chart of an example of a process 1200 for device virtualization through agency of operating system/virtual machine manager software by a cluster in a box manager for transparent dynamic reassembly of computing resource compositions … hardware virtualization enables creation of software virtual devices as backups.) ; receive, from an LCS Application Programming Interface (API) subsystem in the LCS via the ePF , an LCS request for the resource functionality ([0120], The first error group 905 and the second error group 910 are evaluated by the microvisor. It applies a model 915 (e.g., a classic decision tree, etc.) to determine whether … to alert the CLUB manager (e.g., at operation 925).) ; transmit, to the resource management system, a microvisor request for the resource functionality that is configured to cause the resource management system to identify the at least one resource device for providing the resource functionality ([0122], The microvisor notifies and shared with the CLUB manager various outlier behaviors indicating that a device is in need of attention due to high error rates, possible security compromise, or some other evidence of erratic behavior (e.g., at operation 1005). The CLUB manager initiates a background search to identify, a third backup device for the device in error (Examiner notes: resource device associated with a resource functionality).) ; establish, with each of the at least one resource device based on the resource management system identifying the at least one resource device for providing the resource functionality ([0125], The CLUB manager prepares to effect a transition from failing device D to its primary backup P (e.g., as identified in operation 1030A).) , a respective communication channel ([0109], Components that are made active or inactive include buses or the links among them … the microvisor computes a new optimal path Q7 that connects D8 to E9 where Q7 contains other links and not link L10. The microvisor reconfigures the routing elements so that flows along P7 become routed to follow path Q7.) ; and provide, to the LCS using the at least one resource device, the resource functionality via each respective communication channel ([0110], This programmability of active devices and which links carry communications between them allows the server 805 to be composable at the hardware level , out of the various devices, and it allows the communication methods at the hardware level to be programmed to route data and control signals between the various devices that constitute the server 805.), the ePF, and the LCS API subsystem. Doshi reasonably teaches the use of physical functions and a virtual device presented to a logical composition for providing a resource functionality (Doshi, [0106], [0132]). However, Doshi does not explicitly teach an emulated Physical Function, an LCS Application Programming Interface (API) subsystem , or provide the resource functionality via … the ePF, and the LCS API subsystem. Kakaiya teaches an emulated Physical Function (ePF) (Col. 9, in some embodiments the Scalable IOV architecture 150 can define a smallest granularity of sharing of a device 152 as an “Assignable Interface” (“AI”). Conceptually, an AI is somewhat similar to a VF (From SR-IOV), although it can be much lighter-weight and can be aggregated and composed by software to form a virtual device (or “VDEV”).) … receive, from an LCS Application Programming Interface (API) subsystem in the LCS via the ePF (Col. 10, In some embodiments, the system software composes a virtual device 220 and exposes a virtual configuration space to the guest 204. Access to this virtualized configuration space can be trapped using the second-level CPU address translation and emulated in the host software ) , an LCS request for the resource functionality (Col. 11, The VDCM 208 can request the VMM 212 to setup respective GPA-to-HPA mapping in the CPU second-level address translation, enabling direct access by a guest driver 210 to the backing AI MMIO) ; … provide, …, the resource functionality via … the ePF, and the LCS API subsystem (Col. 13, The VDEV 220 can expose one or more system page size regions in virtual MMIO space that are set up as fully memory backed (e.g., mapped to memory with read and write access) that acts as a shared memory between Guest VM and Host VM … Similarly, a Host VM can use a virtual interrupt to notify the Guest VM about the availability of the data in this shared region.) . It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Kakaiya with the teachings of Doshi in order to provide a method that teaches receiving and providing a resource functionality through an emulated physical function to a logically composed system through an LCS application programming interface. The motivation for applying Kakaiya teaching with Doshi teaching is to provide a method that allows for the allocation of resource functionality through device emulation such that enables flexible allocation of hardware resource capabilities without modification of the physical device (Kakaiya, Col. 10). Doshi and Kakaiya are analogous art directed towards logical partitioning and allocation of resources. Therefore, it would have been obvious for one of ordinary skill in the art to combine Kakaiya with Doshi to teach the claimed invention in order to provide allocation of emulated physical function resources to logically composed systems through the use of system interfaces. With regard to claim 2, Doshi and Kakaiya teaches the system of claim 1 Doshi further teaches wherein the at least one resource device is an accelerator device ([0104], The system 800 inlcudes a server 805 and its organization, pooled capabilities 810; [0105], The pooled capabilities 810 include various rack-level/sub-rack level resources that are available for dynamic coarse-grained allocation and sharing among servers and may include … pooled fixed-function accelerator units) . With regard to claim 3, Doshi and Kakaiya teaches the system of clam 2 Doshi further teaches wherein the accelerator device is a graphics processing system ([0104], The server 805 includes XPUs 815 (e.g., CPUs, GPUs, etc.)) . With regard to claim 4, Doshi and Kakaiya teaches the system of claim 1 Doshi further teaches wherein the at least one resource device includes a local resource device ([0104], The server 805 includes XPU 815 (e.g., CPUs, GPUS, etc.), ethernet PF/VFs 820, memory modules 825 (e.g., DIMMs, non-volatile DIMMSs (NVDIMMs), etc.), and storage devices 830) that the resource management system identifies for providing the resource functionality by instructing the microvisor subsystem to establish the respective communication channel with the local resource device ([0115], For the CLUB mechanisms hardware 840 level actions, it communicates (synchronously) with the microvisor; [0116], When a device D with higher than normal failure or error signals is identified, D is replaced by a primary backup device P, and a role of the primary backup may be given to a pre-identified secondary device S. A new secondary device is then identified) . With regard to claim 7, Doshi teaches an Information Handling System (IHS) ([0019], A modern networked computing node (e.g., server) comprises a multiplicity of alike physical units) , comprising: a microvisor processing system ([0022], A hardware-based self-abstraction mechanism in the server, a microvisor, carries out reconfiguration actions as directed by a software agent) ; and a microvisor memory system that is coupled to the microvisor processing system and that includes instructions that, when executed by the microvisor processing system, cause the microvisor processing system to provide a microvisor engine ([0107], A microvisor entity acts as a hardware embedded hypervisor for managing how resources are named and how they communicate with one another on the basis of those names. The microvisor may be implemented in an infrastructure processing unit (IPU), may be within a platform CPUs as a hardware logic block, in a management controller such as a baseband management controller (BMC), or in an engine such as a management engine … The microvisor operations are of interest to platform hardware which is implementation specific, and to the CLUB manager 835) that is configured to: Claim 7 is an information handling system having similar limitations as claim 1. Thus, claim 7 is rejected for the same rationale as applied to claim 1. With regard to claim 8, it is an information handling system having similar limitations to claim 2. Thus, claim 8 is rejected for the same rationale as applied to claim 2. With regard to claim 9, it is an information handling system having similar limitations to claim 3. Thus, claim 9 is rejected for the same rationale as applied to claim 3. With regard to claim 10, it is an information handling system having similar limitations to claim 4. Thus, claim 10 is rejected for the same rationale as applied to claim 4. With regard to claim 11, Doshi and Kakaiya teaches the HIS of claim 10 Doshi further teaches wherein the microvisor engine includes a microvisor API subsystem ([0110], The programmability of active devices and which links carry communications between them allows the server 805 to be composable at the hardware level, out of the various devices, and it allows the communication methods at the hardware level to be programmed to route data and control signals between various devices that constitute the server 805) that is configured to establish the respective communication channel with the local resource device ([0106], The devices and the meshes or collection of buses are that interconnect them are configurable dynamically. There are a set of configuration resources (such as registers) (not shown) that may be set or cleared in order to include or exclude a component and a link in a communication mesh into an active set; [0109], The microvisor controls which components of the server 805 and of the pooled entities 810 beyond the server 805 are active in a single logical composition) . With regard to claim 14, Doshi teaches a method for enabling resources for a Logically Composed System (LCS) ([0138], FIG. 13 is a flow chart of an example of a method 1300 for transparent dynamic reassembly of computing resource compositions, according to an embodiment) using emulated Physical Functions (ePFs) [virtual devices] ([0132], device virtualization through agency of operating system/virtual machine manager software by a cluster in a box manager for transparent dynamic reassembly of computing resource compositions … hardware virtualization enables creation of software virtual devices as backups.) , comprising: Claim 14 is a method having similar limitations as claim 1. Thus, claim 14 is rejected for the same rationale as applied to claim 1. With regard to claim 15, it is a method having similar limitations to claim 2. Thus, claim 15 is rejected for the same rationale as applied to claim 2. With regard to claim 16, it is a method having similar limitations to claim 3. Thus, claim 16 is rejected for the same rationale as applied to claim 3. With regard to claim 17, it is a method having similar limitations to claim 4. Thus, claim 17 is rejected for the same rationale as applied to claim 4. With regard to claim 18, it is a method having similar limitations to claim 11. Thus, claim 18 is rejected for the same rationale as applied to claim 11 . 07-22-aia AIA Claim s 5, 6, 12, 13, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Doshi in view of Kakaiya as applied to claim 1, 7, and 14 above, and further in view of Parthasarathy et al. Patent No. US 11,550,637 B2 (hereinafter Parthasarathy) . With regard to claim 5, Doshi and Kakaiya teaches the system of claim 1 Doshi further teaches wherein the at least one resource device includes a remote resource device ([0128], The process 1000 is also applicable where applications are running on a cluster/rack managed by a CLUB manager, CLUB A and access remote resources (e.g., memory read/write via remote diect memory access (RMDA) NIC) managed by another manager CLUB B.) that the resource management system identifies for providing the resource functionality ([0128], If one or multiple remote resources (e.g., RDMA NIC and memory region, etc.) experience an error, their local microvisor may detect the error and may contact the local CLUB manager (CLUB B) to find an alternative configuration) by instructing the remote resource device to establish the respective communication channel with the microvisor subsystem ([0115], For the CLUB mechanisms hardware 840 level actions, it communicates (synchronously) with the microvisor) . Doshi and Kakaiya reasonably teaches logically composable systems comprising of remote resource managed independently. However, Doshi and Kakaiya does not explicitly teach the establishment of communication channel particularly of a remote device. Parathasarathy teaches instructing the remote resource device to establish the respective communication channel (Col. 14, The resource manager 401 then, according to the data object, communicates with the computing racks 112-1 to 112-k to allocate resources from the resource pool 320 and to build the target composed-node; Col. 10, In certain configurations, the pod manager 178 may utilize a manageability FW API (firmware) … to access to the configurable computing resources at the computing racks 112-1 to 112-k. This access may include access to disaggregated physical elements maintained at racks … In particular, the manageability FW API 440 provides access to the RMM 120 and the PSME 232) It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Parathasarathy with the teachings of Doshi and Kakaiya in order to provide a system that teaches remote resource device communication channel instruction establishment. The motivation for applying Parathasarathy teaching with Doshi and Kakaiya teaching is to provide a system that allows for remote resource communication management structure to allocate resources to a system at the sub-composed node granularity level (Parathasarathy, Col. 8)). Doshi and Kakaiya and Parathasarathy are analogous art directed towards logically composed system resource allocation and management. Therefore, it would have been obvious for one of ordinary skill in the art to combine Parathasarathy with Doshi and Kakaiya to teach the claimed invention in order to provide an interface that enable remote resource device communication. With regard to claim 6, Doshi and Kakaiya teaches the system of claim 5 Doshi further teaches wherein the microvisor subsystem includes a microvisor agent ([0108], In an example, multiple distributed microvisors may form a microvisor cluster with full-mesh logical connectivity between them while exposing a single microvisor to the rest of the system 800 making the microvisor a full resilient component) that is configured to establish the respective communication channel with the remote resource device ([0105], The pooled capabilities 810 include various rack-level/sub-rack level resources that are available for dynamic course-grained allocation and sharing among servers … that may be interconnected with one another and with servers such as server 805 over compute express links (CXLs) and switches; [0106], There are a set of configuration resources … that may be set or cleared in order to include or exclude a component and a link in a communication mesh into an active set) Doshi reasonably teaches remote resource incorporation. However, Doshi and Kakaiya do not explicitly teach that the remote resource incorporation in accordance with a remote resource agent associated with the remote resource device. via a remote resource agent (Col. 8, In certain configurations, each computing drawer 230 may include a PSME 232 (Examiner notes: Pooled System Management Engine); Col. 8, In particular, the pod manager 178 (Examiner notes: CLUB manager of Doshi) is responsible for discovery of resources in the computing pod 110, configuring the resources, and power and reset control, power management, fault management, monitoring resources usage. The pod manager 178 interacts with the RMM 120 and the PSME 232 to create presentation of the computing pod 110. The pod manager 178 allows composing a physical node to match the logical node requirements) provided for the remote resource device (The pod manager 178 may be connected to the RMM 222 and the PSME 232 through the network 108 (e.g., a private network). A management related activity such as reconfiguration may be performed after establishing a secure communication channel between the pod manager 178 and the PSME 232) . It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Parathasarathy with the teachings of Doshi and Kakaiya in order to provide a system that teaches remote resource management engine establishing communication channel associated with a remote resource device. The motivation for applying Parathasarathy teaching with Doshi and Kakaiya teaching is to provide a system that allows for remote resource device interface hardware enabling the provisioning of resource of individual nodes associated with individual resource modules (Parathasarathy, Col. 9). Doshi and Kakaiya and Parathasarathy are analogous art directed towards logically composed system resource allocation and management. Therefore, it would have been obvious for one of ordinary skill in the art to combine Parathasarathy with Doshi and Kakaiya to teach the claimed invention in order to provide a remote management structure associated with a communication channel for obtaining remote resources for a logically composed system. With regard to claim 12, it is an information handling system having similar limitations to claim 5. Thus, claim 12 is rejected for the same rationale as applied to claim 5. With regard to claim 13, it is an information handling system having similar limitations to claim 6. Thus, claim 13 is rejected for the same rationale as applied to claim 6. With regard to claim 19, it is a method having similar limitations to claim 5. Thus, claim 19 is rejected for the same rationale as applied to claim 5. With regard to claim 20, it is a method having similar limitations to claim 6. Thus, claim 20 is rejected for the same rationale as applied to claim 6. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to IVAN A CASTANEDA whose telephone number is (571)272-0465. The examiner can normally be reached Monday-Friday 9:30AM-5:30PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aimee Li can be reached at (571) 272-4169. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /I.A.C./Examiner, Art Unit 2195 /Aimee Li/Supervisory Patent Examiner, Art Unit 2195 Application/Control Number: 18/427,022 Page 2 Art Unit: 2195 Application/Control Number: 18/427,022 Page 3 Art Unit: 2195 Application/Control Number: 18/427,022 Page 4 Art Unit: 2195 Application/Control Number: 18/427,022 Page 5 Art Unit: 2195 Application/Control Number: 18/427,022 Page 6 Art Unit: 2195 Application/Control Number: 18/427,022 Page 7 Art Unit: 2195 Application/Control Number: 18/427,022 Page 8 Art Unit: 2195 Application/Control Number: 18/427,022 Page 11 Art Unit: 2195 Application/Control Number: 18/427,022 Page 12 Art Unit: 2195 Application/Control Number: 18/427,022 Page 13 Art Unit: 2195
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Prosecution Timeline

Jan 30, 2024
Application Filed
Jun 17, 2026
Interview Requested
Jun 17, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 2 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
67%
Grant Probability
99%
With Interview (+66.7%)
3y 5m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 6 resolved cases by this examiner. Grant probability derived from career allowance rate.

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