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 1-20 are pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The following are unclear:
As to claim 2, the limitation “determine that the request queue includes a second request” is unclear since as stated in claim 1, lines 24-27, an alternative outcome/condition of “determining that the request queue contains no additional requests” after “computing resources provisioned to the virtual computing component” is increase to “the larger set of computing resources” to process the first request and subsequently “decrease computing resources provisioned to the virtual computing component back to the baseline set of computing resources”. Assuming, the determination that “the request queue includes a second request” is an alternative outcome/condition of “determining that the request queue contains no additional requests” that nonetheless occurred after “computing resources provisioned to the virtual computing component” is increase to “the larger set of computing resources” to process the first request, therefore it is unclear why there is a need to “increase computing resources provisioned to the virtual computing component to the larger set of computing resources” in claim 2, lines 6-7, since the conditional outcome of the determination of an empty request queue leading to the decrease in provisioned computing resources never occurred in the condition that there is a second request in the request queue, meaning the virtual computing component would still have in its possession “the larger set of computing resources” after processing the first request. Clarification is needed as to whether the second request is subsequently received after the decrease of computing resources provisioned to the virtual computing component back to the baseline as recited in claim 1, lines 24-27 or whether it is referring to an alternative outcome of determining the condition of the request queue after process the first request, which in this case clarification is needed as to why there is a need to increase computing resources that did not decrease back to the baseline set.
As to claim 3, this claim is rejected for the same reason as claim 2 above.
As to claim 4, this claim depends on claim 3 and is rejected based on dependency.
Allowable Subject Matter
Claims 1 and 5-20 are allowed.
Claims 2-4 would be allowable by overcoming the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph rejection above and rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Response to requirement under 37 CFR 1.105 satisfied the requirement.
Amendment to claim 5 overcome the associated 35 USC 112 rejection.
Remarks pertaining to claim rejections under 35 USC 103 is persuasive, therefore the rejections are withdrawn.
Applicant's arguments filed on 8/11/26 pertaining to claims 2-4 have been fully considered but are not persuasive.
In the remarks, Applicant argued in substance that:
The rejection of claim 2 under 35 USC 112(b) is deemed overcome by virtue of the amendments made.
Examiner respectfully traversed Applicant's remarks:
As to point (a), applicant’s amendment failed to address the clarity concern as pointed out by the examiner in the previous office action therefore applicant’s argument is not persuasive. The examiner further clarified above as to why the limitations recited in claims 2-3 are unclear.
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QING YUAN WU whose telephone number is (571)272-3776. The examiner can normally be reached M-F 9AM-6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lewis Bullock can be reached on 571-272-3759. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QING YUAN WU/Primary Examiner, Art Unit 2199
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