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
1. This action is in response to the amendment filed 6/10/2026.
2. Claims 1-20 have been examined and are pending in the application.
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.
3. Claims 1-3, 10-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nandavar U.S Patent No. 11,561,848.
As to claim 1, Nandavar teaches an apparatus comprising:
at least one processing platform (Fig. 7 and associated specifications) comprising at least one processor (The processing resource 702 may be a physical device, for example, one or more CPU, one or more semiconductor-based microprocessor, one or more GPU, ASIC, FPGA, other hardware devices capable of retrieving and executing the instructions 706-714 stored in the machine-readable medium 704, lines 40-45 column 13) coupled to at least one memory (the machine-readable medium 704 may be, for example, RAM, an EEPROM, a storage drive, a flash memory, a CD-ROM, and the like, lines 28-30 column 13), the at least one processing platform, when executing program code, is configured to:
maintain, in a set of nodes (the controller nodes 604-1 and 604-2, Fig. 6 and associated specifications) managed by a manager node (policy lifecycle manager 602, Fig. 6 and associated specifications), a scheduler in at least one node (scheduler 606 and 608, Fig. 6 and associated specifications), wherein the scheduler is configured to self-manage execution of at least one workload (scheduler 606, 608 configured to schedule the execution of workloads 610, 612 in the target environment 436-1, 436, lines 51-53 column 12) by at least one execution unit instantiated on the node (workloads may include pods that are formed by grouping one or more containers, lines 32-33 column 4) by managing an execution unit initialization time relative to a scheduled workload start time (in the example where the first workload 110-A and the second workload 110-B are containers in a pod, the workloads may share data in a common directory, send read/write commands to a common memory, etc. In some examples, the execution of the first workload 110-A may be triggered, paused, or stopped, due to the execution of one or more threads or processes of the second workload 110-B, lines 35-42 column 9).
As to claim 2, Nandavar further teaches to maintain the scheduler in the node, the at least one processing platform is further configured to obtain one or more schedule configuration parameters for the at least one workload, wherein the one or more schedule configuration parameters for the at least one workload are obtained during a registration of the at least one workload at the node (the processing resource 114 may identify a workload profile of a first workload deployed at the target environment, which may be facilitated in the system 102. In some examples, the workload profile may be identified based on a workload specification 112 (labeled as WL_SPEC), which may be received from the workload creation node 104. The workload specification 112 may include information regarding characteristics of the workload 110, lines 47-55 column 5).
As to claim 3, Nandavar further teaches at the node via the scheduler, initialize the at least one execution unit for the at least one workload at the execution unit initialization time determined from the one or more schedule configuration parameters (in the example where the first workload 110-A and the second workload 110-B are containers in a pod, the workloads may share data in a common directory, send read/write commands to a common memory, etc. In some examples, the execution of the first workload 110-A may be triggered, paused, or stopped, due to the execution of one or more threads or processes of the second workload 110-B, lines 35-42 column 9).
As to claim 10, Nandavar further teaches the at least one processing platform comprises a pod-based management platform (workloads may include pods that are formed by grouping one or more containers, lines 32-33 column 4), wherein the node is a worker node of a set of worker nodes (the target environment 436-1, 436-2 may be a Kubernetes cluster including a plurality of worker nodes 618, 620, lines 57-59 column 12), the at least one execution unit is a pod instantiated on the worker node (workloads may include pods that are formed by grouping one or more containers, lines 32-33 column 4), and the at least one workload is a task in a container executed by the pod (in the example where the first workload 110-A and the second workload 110-B are containers in a pod, the workloads may share data in a common directory, send read/write commands to a common memory, etc. In some examples, the execution of the first workload 110-A may be triggered, paused, or stopped, due to the execution of one or more threads or processes of the second workload 110-B, lines 35-42 column 9).
As to claim 11, Nandavar further teaches the scheduler is implemented as a sidecar container separate from the pod (monitoring workload logs using a sidecar executable 440. In some examples, the sidecar executable 440 may use the compiled logging policies including predefined log pattern, predefined log depth, and log levels. In some examples, the sidecar 440 may be a containerized application which may communicate with other containers (e.g., workloads 110-A, 110-B) in a pod to monitor workload logs, lines 43-50 column 9).
As to claim 12, Nandavar further teaches the sidecar container is configured to respectively self-manage execution of one or more other workloads on one or more other pods instantiated on the node (monitoring workload logs using a sidecar executable 440. In some examples, the sidecar executable 440 may use the compiled logging policies including predefined log pattern, predefined log depth, and log levels. In some examples, the sidecar 440 may be a containerized application which may communicate with other containers (e.g., workloads 110-A, 110-B) in a pod to monitor workload logs, lines 43-50 column 9).
As to claim 13, Nandavar further teaches the at least one workload comprises a microservice (the workload may include any piece of code that may be developed as a microservice, lines 22-23 column 4).
As to claims 14-16, note the discussions of claims 1-3 above, respectively.
As to claim 17, Nandavar further teaches maintaining the scheduler in the node further comprises calling the at least one execution unit to execute the at least one workload at a scheduled workload start time (in the example where the first workload 110-A and the second workload 110-B are containers in a pod, the workloads may share data in a common directory, send read/write commands to a common memory, etc. In some examples, the execution of the first workload 110-A may be triggered, paused, or stopped, due to the execution of one or more threads or processes of the second workload 110-B, lines 35-42 column 9).
As to claim 19, note the discussion of claim above 10.
As to claim 20, note the discussion of claim above 1.
Allowable Subject Matter
4. Claims 4-9 and 18 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.
Response to Arguments
5. Applicant’s arguments have been fully considered but they are not persuasive.
Applicant argues Nandavar does not disclose execution of a workload on the same node as the scheduler (Remarks, last paragraph of page 8 continues to line 2 of page 9). In response, Nandavar teaches the controller node 604-1, 604-2 may include a scheduler 606, 608 configured to schedule the execution of workloads 610, 612 in the target environment 436-1, 436-2 (lines 50-53 column 12). The reference meets the limitation as claimed.
Conclusion
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 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andy Ho whose telephone number is (571) 272-3762. A voice mail service is also available for this number. The examiner can normally be reached on Monday – Friday, 8:30 am – 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Kevin Young can be reached on (571) 270-3180.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2100.
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/Andy Ho/
Primary Examiner
Art Unit 2194
Prosecution Insights