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
In the amendment filed on 07/20/2026, claims 1, 10, and 16 are amended, claims 19-20 are cancelled, and claims 21-22 are added.
This is a Final Action.
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 1-4, 6, 7, 9-13, 15-18, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Kamiya US Publication 2022/0237016 in view of Singh US Publication 2022/0156112.
18/495,177
Kamiya US Publication 2022/0237016 in view of Singh US Publication 2022/0156112
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, where in the plurality of migration services correspond to respective different types of migration services;
Kamiya teaches load characteristic. (see p0083)
Kamiya teaches migration VM or Volume or both based on priority, p109-p126;
Singh teaches analyzing storage capacity and storage policy and determining different migration service no mirror, two-way mirroring, a snapshot, as many mirrors as the volume-storing worker nodes. (see Singh p0090-0093)
It would have been obvious at the time of the invention for a person ordinary skill in the art (POSITA) to include Singh’s teaching with method of Kamiya in order to maximize storage space.
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;
Claim 21
The computer-implemented method of claim 1, wherein the one or more migration selection criteria specify respective sets of attributes for the plurality of migration services, and wherein the at least one migration service is selected based at least in part on a comparison of one or more attributes identified from the one or more requests to at least one of the respective sets of attributes.
Kamiya p109-p126;
Singh p0090-p0093;
Claim 22
The computer-implemented method of claim 1, wherein the plurality of migration services comprises two or more of: a first migration service configured to migrate a source server to a target server at least in part by mirroring an image of the source server to the target server, wherein the image comprises a system state of the source server; a second migration service configured to migrate at least one virtual machine associated with at least one virtual control station; a third migration service configured to migrate at least one storage device at least in part by performing a snapshot operation of a source logical storage volume associated with a given virtual machine; and a fourth migration service configured to migrate at least one virtual machine using continuous data protection with at least one of local replication and remote replication.
Kamiya p109-p126;
Singh p0090-p0093;
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 16-18, they are rejected under the same rationale as claim 1-3. See rejection above.
Claims 5 and14 are rejected under 35 U.S.C. 103 as being unpatentable over Kamiya US Publication 2022/0237016 in view of Singh US Publication 2022/0156112 and Graham 2009/0138752.
18/495,177
Kamiya US Publication 2022/0237016 in view of Singh US Publication 2022/0156112 and 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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kamiya US Publication 2022/0237016 in view of Singh US Publication 2022/0156112 and Chang US 2018/0212896.
18/495,177
Kamiya US Publication 2022/0237016 in view of Singh US Publication 2022/0156112 and 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 relate 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.
Response to Arguments
Applicant’s arguments with respect to claims 1-19 and 21-22 have been considered but are moot because the new ground of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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.
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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.
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PENG KE
Primary Examiner
Art Unit 2194
/PENG KE/Primary Examiner, Art Unit 2194
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