Prosecution Insights
Last updated: April 19, 2026
Application No. 18/518,277

Resource Configuration Method and Apparatus, Electronic Device, and Computer-Readable Storage Medium

Non-Final OA §102§103
Filed
Nov 22, 2023
Examiner
KIM, SISLEY NAHYUN
Art Unit
2196
Tech Center
2100 — Computer Architecture & Software
Assignee
Hangzhou Alicloud Feitian Information Technology Co. Ltd.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
590 granted / 665 resolved
+33.7% vs TC avg
Strong +17% interview lift
Without
With
+16.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
42 currently pending
Career history
707
Total Applications
across all art units

Statute-Specific Performance

§101
9.1%
-30.9% vs TC avg
§103
49.6%
+9.6% vs TC avg
§102
26.1%
-13.9% vs TC avg
§112
7.2%
-32.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 665 resolved cases

Office Action

§102 §103
CTNF 18/518,277 CTNF 87591 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 . Examiner’s Note Regarding claim 8, the specification expressly defines “computer-readable media” to encompass non-transitory storage media and to exclude transitory media. In particular, the specification states “ The computer-readable media includes both persistent and non-volatile, removable and non-removable media that can be implemented by any method or technology for storage of information … computer-readable media does not include transitory media, such as modulated data signals and carrier waves ” (page 36). Because this definition expressly excludes transitory media, the term is properly read to cover non-transitory storage media and, accordingly, supports claim language reciting computer-readable media that is non-transitory for purposes of 35 U.S.C. § 101. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 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 - 07-08-aia AIA (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. 07-15 AIA Claim s 1, 2, 8, 9, 15, and 16 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by CN110673928, hereinafter CN (CN110673928A - Thread binding method, thread binding device, storage medium and server - Google Patents : ENG translation) . Regarding claim 1, CN discloses A method comprising (fig. 1-7): obtaining first computing resources of a first virtual machine, wherein the first computing resources include one or more computing cores currently used by the first virtual machine and one or more first threads running on the one or more computing cores (page 3: A virtual processor (vcpu for short) of the virtual machine may be bound to the core through a thread) ; receiving a computing resource switching instruction, wherein the computing resource switching instruction instructs (page 4: s101, acquiring a virtual machine creation request. Wherein the create request contains the number of vcpus of the virtual machine) to switch at least one computing core of the first virtual machine to a second virtual machine for use (page 4: s101, acquiring a virtual machine creation request … When the total number of idle cores in the server is smaller than the number of vcpus, other threads occupied by the virtual machine need to be repeatedly bound to the virtual machine which needs to be created currently … S106, binding the first thread on the first physical machine and one idle thread on each idle core with the virtual machine. The first threads are threads occupied by the virtual machine on the first physical machine , the number of the first threads is a difference value between the number of the vcpus and the number of idle cores on the first physical machine, and each first thread belongs to different cores ; Note: The patent clearly teaches binding (or re-binding) threads already occupied by other VMs to the new VM ) ; determining a computing core to be switched and a first thread corresponding to the computing core to be switched in the first computing resources according to the computing resource switching instruction and the first computing resources (page 4: s101, acquiring a virtual machine creation request . Wherein the create request contains the number of vcpus of the virtual machine … S104, determining a first physical machine. The first physical machine comprises the physical machine with the largest number of idle cores or the lowest average thread utilization rate ) ; and switching the first thread to run the second virtual machine (page 4: s101, acquiring a virtual machine creation request … When the total number of idle cores in the server is smaller than the number of vcpus, other threads occupied by the virtual machine need to be repeatedly bound to the virtual machine which needs to be created currently … S106, binding the first thread on the first physical machine and one idle thread on each idle core with the virtual machine. The first threads are threads occupied by the virtual machine on the first physical machine , the number of the first threads is a difference value between the number of the vcpus and the number of idle cores on the first physical machine, and each first thread belongs to different cores ; Note: The patent clearly teaches binding (or re-binding) threads already occupied by other VMs to the new VM ) . Regarding claim 8 referring to claim 1 , CN discloses One or more computer readable media storing executable instructions that, when executed by one or more processors, cause the one or more processors to perform acts comprising: … (page 6: the technical solution of the present application or portions thereof that substantially contribute to the prior art may be embodied in the form of a software product stored in a storage medium and including instructions for causing a computer device (which may be a personal computer, a server, or a network device) to execute all or part of the steps of the method according to the embodiments of the present application). Regarding claim 15 referring to claim 1 , CN discloses An apparatus comprising: one or more processors; and memory storing executable instructions that, when executed by the one or more processors, cause the one or more processors to perform acts comprising: … (page 3: the present application provides a storage medium, on which a computer program is stored, and when executed by a processor). Regarding claims 2, 9, and 16, CN discloses wherein the computing core to be switched has a binding relationship with the first thread, and switching the first thread to run the second virtual machine comprises: switching the corresponding first thread to run the second virtual machine and keeping the binding relationship between the first thread and the computing core to be switched unchanged (page 3: A virtual processor (vcpu for short) of the virtual machine may be bound to the core through a thread ; page 4: s101, acquiring a virtual machine creation request … When the total number of idle cores in the server is smaller than the number of vcpus, other threads occupied by the virtual machine need to be repeatedly bound to the virtual machine which needs to be created currently … S106, binding the first thread on the first physical machine and one idle thread on each idle core with the virtual machine. The first threads are threads occupied by the virtual machine on the first physical machine , the number of the first threads is a difference value between the number of the vcpus and the number of idle cores on the first physical machine, and each first thread belongs to different cores ; Note: The patent clearly teaches binding (or re-binding) threads already occupied by other VMs to the new VM and it explicitly identifies threads as associated with cores ) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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 of this title, 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 3, 4, 10, 11, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over CN110673928 in view of Ramachandran et al. (US 2022/0206869, hereinafter Ramachandran) . Regarding claims 3 and 10, CN discloses a virtual machine that the first thread is currently running for (page 3: A virtual processor (vcpu for short) of the virtual machine may be bound to the core through a thread) , and after the first thread is switched to run the second virtual machine (page 4: s101, acquiring a virtual machine creation request … When the total number of idle cores in the server is smaller than the number of vcpus, other threads occupied by the virtual machine need to be repeatedly bound to the virtual machine which needs to be created currently … S106, binding the first thread on the first physical machine and one idle thread on each idle core with the virtual machine. The first threads are threads occupied by the virtual machine on the first physical machine , the number of the first threads is a difference value between the number of the vcpus and the number of idle cores on the first physical machine, and each first thread belongs to different cores). CN does not disclose wherein the first thread is set with a running identifier, wherein the running identifier identifies a virtual machine that the first thread is currently running for . Ramachandran discloses wherein the first thread is set with a running identifier, wherein the running identifier identifies a virtual machine that the first thread is currently running for (paragraph [0033]: if the host processor system can support N concurrent processes, then each context storage buffer corresponds to a respective VMID of the concurrent processes ; paragraph [0039]: each task queue corresponds to a virtual machine identifier that identifies a process or thread executing on the host system ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify CN110673928’s management and tracking of thread-to-VM associations in a system that re-binds occupied threads by implementing Ramachandran’s VMID scheme for identifying the virtual machine a thread is executing for. The motivation would have been to allow explicit tracking of which VM an execution context belongs to, thereby improving processing performance (Ramachandran paragraph [0001]). Regarding claims 4 and 11, CN110673928 does not disclose modifying the running identifier to identify the second virtual machine , however discloses binding (or re-binding) threads already occupied by other VMs to the new VM and it explicitly identifies threads as associated with cores (See the rejection for claim 1). Ramachandran discloses wherein the running identifier to identify … virtual machine (paragraph [0033]: if the host processor system can support N concurrent processes, then each context storage buffer corresponds to a respective VMID of the concurrent processes ; paragraph [0039]: each task queue corresponds to a virtual machine identifier that identifies a process or thread executing on the host system ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify CN’s management and tracking of thread-to-VM associations in a system that re-binds occupied threads by implementing Ramachandran’s VMID-thread mapping system. This would allow the VMID (i.e., running identifier) to be updated when a thread is switched to another VM, thereby maintaining accurate tracking of which VM an execution context belongs to. The motivation would have been to improv, processing performance (Ramachandran paragraph [0001]). Regarding claim 17 CN discloses a virtual machine that the first thread is currently running for (page 3: A virtual processor (vcpu for short) of the virtual machine may be bound to the core through a thread) , and after the first thread is switched to run the second virtual machine (page 4: s101, acquiring a virtual machine creation request … When the total number of idle cores in the server is smaller than the number of vcpus, other threads occupied by the virtual machine need to be repeatedly bound to the virtual machine which needs to be created currently … S106, binding the first thread on the first physical machine and one idle thread on each idle core with the virtual machine. The first threads are threads occupied by the virtual machine on the first physical machine , the number of the first threads is a difference value between the number of the vcpus and the number of idle cores on the first physical machine, and each first thread belongs to different cores). CN does not disclose wherein the first thread is set with a running identifier, wherein the running identifier identifies a virtual machine that the first thread is currently running for … and the acts further comprise: modifying the running identifier to identify the second virtual machine , however discloses binding (or re-binding) threads already occupied by other VMs to the new VM and it explicitly identifies threads as associated with cores (See the rejection for claim 1). Ramachandran discloses wherein the first thread is set with a running identifier, wherein the running identifier identifies a virtual machine that the first thread is currently running for … and the acts further comprise: modifying the running identifier to identify the second virtual machine (paragraph [0033]: if the host processor system can support N concurrent processes, then each context storage buffer corresponds to a respective VMID of the concurrent processes ; paragraph [0039]: each task queue corresponds to a virtual machine identifier that identifies a process or thread executing on the host system ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify CN110673928’s management and tracking of thread-to-VM associations in a system that re-binds occupied threads by implementing Ramachandran’s VMID scheme for identifying the virtual machine a thread is executing for. This would allow the VMID (i.e., running identifier) to be updated when a thread is switched to another VM, thereby maintaining accurate tracking of which VM an execution context belongs to. The motivation would have been to allow explicit tracking of which VM an execution context belongs to, thereby improving processing performance (Ramachandran paragraph [0001]) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 5-7, 12-14, and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Han et al. (US 2023/0057562) discloses “The interrupt handler 198B may be program code in an application or in the guest operating system 196B, and may perform actions such as scheduling a particular thread for execution or stopping the virtual machine 170B associated with the destination virtual processor 190B so that the, for example, the state of virtual machine 170B can be checkpointed or migrated, or virtual machine 170 can be shut down” (paragraph [0044]). Dale et al. (US 2022/0244978) discloses “. The VM assigns a designation to the first virtual core to increment the virtual time object by a first count of a first plurality of instructions executed in the first thread over a first duration. The VM moves the designation to the second virtual core in response to detecting an event that defines an end of the first duration” (abstract). Zhu et al. (US 2019/0377612) discloses “Embodiments of the present disclosure provide a VCPU thread scheduling method and apparatus to create a VCPU thread that can operate normally for a virtual machine in a heterogeneous core system, improving running efficiency of the virtual machine” (paragraph [0007]). Sakai (US 2018/0365078) discloses “The VM agent 10f moves the process by allocating a process corresponding to a process ID remaining in the process ID group to another virtual CPU core in the VM guest” (paragraph [0050]) and “The VM host agent 10e updates the correspondence relationship between the process ID stored in the table 1 of the database 100e and the CPU core ID, using the correspondence relationship between the process ID notified by the VM agent 10f and the CPU core ID” (paragraph [0051]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to SISLEY N. KIM whose telephone number is (571)270-7832. The examiner can normally be reached M-F 11:30AM -7:30PM. 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, April Y. Blair can be reached on (571)270-1014. 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. /SISLEY N KIM/Primary Examiner, Art Unit 2196 3/4/2026 Application/Control Number: 18/518,277 Page 2 Art Unit: 2196 Application/Control Number: 18/518,277 Page 4 Art Unit: 2196 Application/Control Number: 18/518,277 Page 5 Art Unit: 2196 Application/Control Number: 18/518,277 Page 6 Art Unit: 2196 Application/Control Number: 18/518,277 Page 7 Art Unit: 2196 Application/Control Number: 18/518,277 Page 8 Art Unit: 2196 Application/Control Number: 18/518,277 Page 9 Art Unit: 2196 Application/Control Number: 18/518,277 Page 10 Art Unit: 2196 Application/Control Number: 18/518,277 Page 11 Art Unit: 2196
Read full office action

Prosecution Timeline

Nov 22, 2023
Application Filed
Mar 05, 2026
Non-Final Rejection — §102, §103 (current)

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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
89%
Grant Probability
99%
With Interview (+16.9%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 665 resolved cases by this examiner. Grant probability derived from career allow rate.

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