DETAILED ACTION
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 .
Response to Amendment
2. The Amendment filed on October 2nd 2025 has been entered. Claims 1, 3 – 8, 11 and 13 - 18 have been amended. Claims 1 - 20 are currently pending.
Response to Arguments
35 U.S.C. §103
3. Applicant's arguments, see Remarks pp. 8 -14, filed October 2nd 2025, with
respect to the rejections of claims 1-20 under 35 U.S.C. §103 have been fully
considered and they are persuasive.
The crux of Applicant’s arguments is that the primary reference Abdo does not teach the claim as amended
Examiner respectfully agrees
Upon further consideration new grounds of rejection have been necessitated due
to Applicant's amendments and are made in view of Kumar et al, (United States Patent Publication Number 20220004555) hereinafter Kumar
Claim Rejections – 35 U.S.C. §103
4. 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.
5. The factual inquiries set forth in Graham v John Deere Co., 383 U.S. 1, 148 USPQ
459 (1966), that are applied for establishing a background for determining obviousness
under 35 U.S.C. 103 are summarized as follows:
a. Determining the scope and contents of the prior art
b. Ascertaining the differences between the prior art and the claims at issue
c. Resolving the level of ordinary skill in the pertinent art
d. Considering objective evidence present in the application indicating
obviousness or nonobviousness
Claims 1 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kumar et al, (United States Patent Publication Number 20220004555) hereinafter Kumar in view of Abraham et al., (United States Patent Publication Number 20090112795) hereinafter Abraham
Regarding claim 1 Kumar teaches a method (method routines [0025]) comprising: obtaining, (Fig. 2, (206) obtain [0074] obtaining [0054]) by a computing system, (Fig. 1, system 100 [0023]) one or more queries (ABS., currently executing query and related queries) (the query and any related queries [0074]) corresponding to (corresponding to [0074]) data (data [0042]) at a data store; (data repository 130 [0023]) creating, (create [0074]) by the computing system (Fig. 1, system 100 [0023])and for each query from the one or more queries, (ABS., currently executing query and related queries) (the query and any related queries [0074]) a respective record (recorded query start and end times [0055]) in a linked list, (Buffer 140 may be any temporary data structure [0055]) such as “linked list” the respective record (recorded query start and end times [0055]) comprising respective query execution statistics (Buffer 140 may be any temporary data structure configured to store query execution statistics [0055]) for a respective query; (particular query [0020]) executing,(executing [0047]) by the computing system (Fig. 1, system 100 [0023])and using a query executor, (execution engine 124 [0048]) such as “query executor” each query from the one or more queries; (ABS., currently executing query and related queries) (the query and any related queries [0074])during execution of each query from the one or more queries (ABS., currently executing query and related queries) (the query and any related queries [0074])by the query executor, (execution engine 124 [0048]) such as “query executor” obtaining, (Fig. 2, (206) obtain [0074] obtaining [0054])by the computing system, (Fig. 1, system 100 [0023])new query execution statistics (generation of query execution statistics each time a query is executed [0034]) such as “new statistics” for the respective query, (particular query [0020]) the new query execution statistics (generation of query execution statistics each time a query is executed [0034]) such as “new statistics” representing execution performance (a time taken by the execution of the query, a start time and end time of the query execution, or the like[0031]) such as “execution performance” SEE significantly longer execution times for queries 302 than for 306 [0085] of the query executor (execution engine 124 [0048]) such as “query executor” while executing the respective query, (particular query [0020]) wherein the new query execution statistics (generation of query execution statistics each time a query is executed [0034]) such as “new statistics” comprise one or more of wait-event statistics and plan statistics; (sampling component 108 may generate additional query execution statistics pertaining to query execution start time, end time, elapsed time, CPU usage time, network resource usage time, and any other statistics that correspond to the plurality of queries thatincludes the currently executing query and any related queries. [0059]) creating, (create [0074])by the computing system (Fig. 1, system 100 [0023])and for each query from the one or more queries, (ABS., currently executing query and related queries) (the query and any related queries [0074]) at least one new respective record (start and end times [0055]) such as “new respective record” in the linked list, (Buffer 140 may be any temporary data structure [0055]) such as “linked list” the at least one new respective record (start and end times [0055]) such as “new respective record” comprising the new query execution statistics(generation of query execution statistics each time a query is executed [0034]) such as “new statistics” for the respective query; (particular query [0020]) determining, by the computing system, that a query execution duration of the query satisfies a query execution threshold; (In addition, the system may capture
query execution statistics corresponding to executions of any related queries during the monitoring window that share characteristics with the particular query, and/or meet a
similarity threshold [0020]) (For example, execution data 134 can include query status statistics that indicate successful or failed execution, or whether the execution satisfied or failed to satisfy expected execution time thresholds, or the like. [0037])
Kumar does not fully disclose and in response to determining that the query execution duration of the query satisfies the query execution threshold: identifying, by the computing system, each record in the linked list that corresponds to the query; and storing, by the computing system and for each respective identified record in the linked list that corresponds to the query, the respective query execution statistics of the respective identified record in a statistics database.
Abraham teaches determining, (determine [0053]) by the computing system, (Fig. 10 computing device may be computer 1000 [0060]) such as “computing system” that a query execution duration (query processing time [0039], [0053]) of the query (the query [0039]) (first query, second query, N queries [0053]) satisfies (Thus, when a query is observed to have a processing time longer than the processing time of an entry in the query statistics data structure, then the entry associated with the quickest query in the data structure may be removed and an entry associated with the newly observed query may be added. [0041]) such as “satisfies” SEE ALSO [0052] a query execution threshold; (threshold [0042])and in response to determining (in this way the query statistics data structure can have a small, finite size and may store information concerning the N slowest queries observed during a sample period. [0041]) such as “in response to determining” that the query execution duration (query processing time [0039], [0053])of the query (the query [0039]) (first query, second query, N queries [0053]) satisfies (Thus, when a query is observed to have a processing time longer than the processing time of an entry in the query statistics data structure, then the entry associated with the quickest query in the data structure may be removed and an entry associated with the newly observed query may be added. [0041]) such as “satisfies” SEE ALSO [0052] the query execution threshold: (threshold [0042]) identifying, (identifying [0052]) by the computing system, (Fig. 10 computing device may be computer 1000 [0060]) such as “computing system” each record (the query statistics data structure may store elements having an entry to identify a query and an entry to identify a query processing time associated with the query. [0039]) in the linked list (query statistics data structure (e.g., linked list [0041], [0053]) that corresponds (associated with [0039]) to the query; (the query [0039]) (first query, second query, N queries [0053]) and storing, (store [0039]) by the computing system (Fig. 10 computing device may be computer 1000 [0060]) such as “computing system” and for each respective identified record (an entry to identify a query and an entry to identify a query processing time associated with the query. [0039]) in the linked list(query statistics data structure (e.g., linked list [0041], [0053]) that corresponds (associated with [0039])to the query, (the query [0039]) (first query, second query, N queries [0053]) the respective query execution statistics (ABS., query statistics) (query statistics [0028]) of the respective identified record(an entry to identify a query and an entry to identify a query processing time associated with the query. [0039]) in a statistics database.(“Data Store” [0020])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Abraham wherein and in response to determining that the query execution duration of the query satisfies the query execution threshold :identifying, by the computing system, each record in the linked list that corresponds to the query; and storing, by the computing system and for each respective identified record in the linked list that corresponds to the query, the respective query execution statistics of the respective identified record in a statistics database. By doing so may identify portions of a database index to optimize. Abraham [0017]
Claim 11 corresponds to claim 1 and is rejected accordingly
Regarding claim 2 Kumar in view of Abraham teaches the method of claim 1,
Kumar as modified further teaches wherein the method (method routines [0025]) comprising further comprise, in response to storing the respective query execution statistics((e.g., by generating query execution statistics for each detected query and storing them in data repository 130 [0048]) of the respective identified record (start and end times [0055]) in the statistics database, (data repository 130 [0048]) such as “statistic database” from the linked list (Buffer 140 may be any temporary data structure [0055]) such as “linked list” deleting by the computing system each identified record (The query execution statistics (or raw data) for executions in a sliding monitoring window may be temporarily stored in a buffer and overwritten as additional query execution statistics are generated. [0018]) (In other words, query execution statistics for a first monitoring window are deleted and replaced with query execution statistics corresponding to executions taking place in a new, second monitoring window. [0055])
Claim 12 corresponds to claim 2 and is rejected accordingly
Regarding claim 3 Kumar in view of Abraham teaches the method of claim 1,
Kumar as modified further teaches determining by the computing system (computing system [0038]) that the query execution duration (start and end times [0055]) of the respective query (particular query [0020])fails to satisfy the query execution threshold; (For example, execution data 134 can include query status statistics that indicate successful or failed execution, or whether the execution satisfied or failed to satisfy expected execution time thresholds, or the like. [0037]) and in response to determining (each query may be configured (either by default or through additional modifications or instrumentations as described above) to produce messages or alerts that indicate query execution status. [0037]) that the query execution duration (start and end times [0055])of the respective query (particular query [0020]) fails to satisfy the query execution threshold, whether the execution … failed to satisfy expected execution time thresholds, or the like. [0037]) deleting (overwritten [0018]) by the computing system (computing system [0038]) each record (start and end times [0055])in the linked list (Buffer 140 may be any temporary data structure [0055]) such as “linked list” that corresponds to the respective query (particular query [0020]
Claim 13 corresponds to claim 3 and is rejected accordingly
Regarding claim 4 Kumar in view of Abraham teaches the method of claim 1,
Kumar as modified further teaches wherein the new query execution statistics comprise one or more of: query processing statistics and query statistics; (Similarly, sampling component 108 may generate additional query execution statistics pertaining to query execution start time, end time, elapsed time, CPU usage time, network resource usage time, and any other statistics that correspond to the plurality of queries that includes the currently executing query and any related queries [0059])
es and generate a query execution count for that plurality of queries. Kumar [0059]
Claim 14 corresponds to claim 4 and is rejected accordingly
Regarding claim 5 Kumar in view of Abraham teaches the method of claim 1,
Kumar as modified further teaches wherein the method (Fig. 2 set of operations [0007]) further comprise, in response to executing the respective query, (particular query [0020]) creating by the computing system (computer system [0038])a start record (record of query execution [0031]) in a start list, (logging component [0032]) the start record (record of query execution [0031]) comprising a start time (start times [0055]) of the respective query (particular query [0020])
Claim 15 corresponds to claim 5 and is rejected accordingly
Regarding claim 6 Kumar in view of Abraham teaches the method of claim 5,
Kumar as modified teaches wherein the method (Fig. 2 set of operations [0007]) further comprise, determining, by the computing system (computer system [0038])based on the start record (recorded query start time [0055]) and a current time, (end time [0055]) such as “current time” the query execution duration (elapsed time [0059]) for the respective query (particular query [0020])
Claim 16 corresponds to claim 6 and is rejected accordingly
Regarding claim 7 Kumar in view of Abraham teaches the method of claim 5,
Kumar as modified further teaches wherein the method (Fig. 2 set of operations [0007]) further comprises, in response to completing execution(the time a query ended execution (query end time). [0035]) of the respective query, (particular query [0020]) creating by the computing system (computer system [0038])an end record in an end list, (logging component [0032]) the end record (recorded query end time [0055])comprising an end execution time (query end time) [0035])of the respective query. (particular query [0020]
Claim 17 corresponds to claim 7 and is rejected accordingly
Regarding claim 8 Kumar in view of Abraham teaches the method of claim 7,
Kumar as modified further teaches wherein the method (Fig. 2 set of operations [0007]) further comprise, determining, by the computing system (computer system [0038]) based on the end record (execution engine 124 may log the time at which a query ended execution (query end time) [0035]) and the start record, (the time at which a query started execution ( query start time) [0035]) the query execution duration (the execution time that elapsed between the query start and end time. [0035]) for the respective query. (particular query [0020]
Claim 18 corresponds to claim 8 and is rejected accordingly
Regarding claim 9 Kumar in view of Abraham teaches the method of claim 1,
Kumar as modified further teaches wherein obtaining the new query execution statistics (Similarly, sampling component 108 may generate additional query execution statistics pertaining to query execution start time, end time, elapsed time, CPU usage time, network resource usage time, and any other statistics that correspond to the plurality of queries that includes the currently executing query and any related queries [0059]) comprises retrieving by the computing system (computer system [0038])the new query execution statistics from a shared memory (These query execution statistics may be available in buffer 140 [0048]) of a query execution environment (Fig. 1system for query execution data sampling [0006]) such as “query execution environment”
Claim 19 corresponds to claim 9 and is rejected accordingly
Regarding claim 10 Kumar in view of Abraham teaches the method of claim 1,
Kumar as modified further teaches wherein the method further comprises transmitting, from the computing system (computer system [0038]) and to a client device, a portion of the new query execution statistics that, when received by the client device, causes the client device to display the portion of the new query execution statistics via a user-interface of the client device (request processing elements 110 can include user interface elements that can present, to the user, one or more attributes or characteristics of query execution. For example, request processing elements 110 can include user interface elements that present details of queries that are currently executing. Reporting elements 120 can include user interface elements that can present or communicate query execution statistics. [0067])
Claim 20 corresponds to claim 10 and is rejected accordingly
Conclusion
6. 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 extension fee 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 date of this
final action.
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/KWEKU WILLIAM HALM/Examiner, Art Unit 2166
/KHANH B PHAM/Primary Examiner, Art Unit 2166