Prosecution Insights
Last updated: July 17, 2026
Application No. 18/495,177

AUTOMATED WORKLOAD MIGRATION FRAMEWORK

Non-Final OA §102§103
Filed
Oct 26, 2023
Examiner
KE, PENG
Art Unit
2194
Tech Center
2100 — Computer Architecture & Software
Assignee
Dell Products L.P.
OA Round
1 (Non-Final)
53%
Grant Probability
Moderate
1-2
OA Rounds
2y 1m
Est. Remaining
77%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allowance Rate
119 granted / 224 resolved
-1.9% vs TC avg
Strong +24% interview lift
Without
With
+23.8%
Interview Lift
resolved cases with interview
Typical timeline
4y 9m
Avg Prosecution
21 currently pending
Career history
246
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
86.6%
+46.6% vs TC avg
§102
4.9%
-35.1% vs TC avg
§112
1.4%
-38.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 224 resolved cases

Office Action

§102 §103
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 . Detail Action On 10/26/2023, application 18/495,177 is filed with claims 1-20. This is Non-Final Action. 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. Claims 1-4, 6, 7, 9-13, and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kamiya US Publication 2022/0237016. 18/495,177 Kamiya US Publication 2022/0237016 Claim 1 A computer-implemented method comprising: Kamiya abstract; obtaining one or more requests for migrating a plurality of workloads, wherein the one or more requests comprise information corresponding to one or more characteristics associated with the plurality of workloads; Kamiya teaches load balance criteria that trigger virtual machine and/or a volume is migrated. (see Kamiya; p0005-p0006; see Kamiya p0084-p0126); analyzing the one or more requests by applying one or more migration selection criteria to the one or more characteristics associated with the plurality of workloads; selecting at least one of a plurality of migration services to use for migrating the plurality of workloads based on a result of the analyzing; Kamiya teaches load characteristic. (see p0083) Kamiya teaches migration VM or Volume or both based on priority, p109-p126; generating a set of instructions to migrate the plurality of workloads using the selected at least one migration service; and automatically triggering the migration of the plurality of workloads based at least in part on the set of instructions; Kamiya p0083-p0126; wherein the method is performed by at least one processing device comprising a processor coupled to a memory. Kamiya Fig. 1 p0036-p0044; Claim 2 The computer-implemented method of claim 1, wherein at least one of the plurality of workloads comprises a virtual machine associated with a virtual control station. Kamiya p0056-p0064; Claim 3 The computer-implemented method of claim 1, wherein the one or more characteristics associated with a given one of the workloads comprise at least one of: one or more identifiers associated with the given workload; a source environment that the given workload is to be migrated from; a target environment that the given workload is to be migrated to; authentication information associated with the given workload; operation system information corresponding to the given workload; and network information corresponding to at least one of the source environment and the target environment. Kamiya p0084-p0126 Claim 4 The computer-implemented method of claim 1, further comprising at least one of: performing a pre-migration validation process of the selected at least one migration service for migrating the plurality of workloads; and generating one or more confirmation messages in response to the plurality of workloads being successfully migrated. Kamiya teaches migration VM or Volume or both based on priority, p109-p126; Claim 6 The computer-implemented method of claim 1, wherein the applying the one or more migration selection criteria for a given one of the plurality of workloads comprises determining that the migration comprises at least one of: at least one physical host being migrated, at least one application being migrated, at least one virtual control station being migrated, at least one datastore being migrated, at least one network adapter being migrated, at least one storage device being migrated, and at least one storage device being upgraded. Kamiya teaches migration VM or Volume or both based on priority, p109-p126; Claim 7 The computer-implemented method of claim 1, wherein the plurality of migration services comprises two or more of: a storage area network migration service; a data replication migration service; a data protection migration service; and a physical host migration service. Kamiya teaches migration VM or Volume or both based on priority, p109-p126; Claim 9 The computer-implemented method of claim 1, wherein the migration of the plurality of workloads is automatically performed using two or more of the plurality of migration services. Kamiya teaches migration VM or Volume or both based on priority, p109-p126; As per claims 10-13 and 15, they are rejected under the same rationale as claim 1-4 and 6. See rejection above. As per claims 16-19, they are rejected under the same rationale as claim 1-4. See rejection above. 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 5, 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kamiya US Publication 2022/0237016 in view of Graham 2009/0138752. 18/495,177 Kamiya US Publication 2022/0237016 in view of Graham 2009/0138752 Claim 5 The computer-implemented method of claim 1, further comprising at least one of: determining that the migration of at least one of the plurality of workloads failed; and automatically re-executing the migration of the failed migration. Graham teaches detecting error/failure; p0013, p0041; It would have been obvious at the time of the invention for a person ordinary skill in the art (POSITA) to include Graham’s teaching with method of Kamiya in order provide user with the ability to migrate workload when hardware failure is detected. As per claim 14, it is rejected under the same rationale as claim 5. See rejection above. As per claim 20, it is rejected under the same rationale as claim 5. See rejection above. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kamiya US Publication 2022/0237016 in view of Chang US 2018/0212896. 18/495,177 Kamiya US Publication 2022/0237016 in viw of Chang US 2018/0212896 Claim 8 The computer-implemented method of claim 1, further comprising: providing a unified migration user interface for managing the migration of the plurality of workloads across the plurality of migration services. Chang teaches an uniform interface for resource management; see Chang p0021; It would have been obvious at the time of the invention for a person ordinary skill in the art (POSITA) to include Chang’s teaching with method of Kamiya in order provide user with unified interface. Related Prior Art Here is a list of references relates to workload migration: Nickolov US Publication 2009/0276771: Globally Distributed Utility Computing Cloud. Ghosh US Patent 9,286,104: Selecting Virtual Machines to be Relocated based on Memory Volatility. Smith US Publication 2024/0022609: Security and Resiliency for cloud to edge deployments. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to PENG KE whose telephone number is (571)272-4062. The examiner can normally be reached M-F 6:30-5:00. 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, Kevin Young can be reached at (571) 270-3180. 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. PENG KE Primary Examiner Art Unit 2194 /PENG KE/Primary Examiner, Art Unit 2194
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Prosecution Timeline

Oct 26, 2023
Application Filed
Apr 24, 2026
Non-Final Rejection mailed — §102, §103
Jul 08, 2026
Interview Requested
Jul 15, 2026
Examiner Interview Summary

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
53%
Grant Probability
77%
With Interview (+23.8%)
4y 9m (~2y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 224 resolved cases by this examiner. Grant probability derived from career allowance rate.

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