Prosecution Insights
Last updated: April 19, 2026
Application No. 18/538,794

QUOTALESS NAMESPACE RESOURCE MANAGEMENT SYSTEM AND METHOD FOR HYPER-PARAMETER OPTIMIZATION IN KUBERNETES ENVIRONMENTS

Non-Final OA §101
Filed
Dec 13, 2023
Examiner
LEE, ADAM
Art Unit
2198
Tech Center
2100 — Computer Architecture & Software
Assignee
Datastreams Corp.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
575 granted / 680 resolved
+29.6% vs TC avg
Strong +59% interview lift
Without
With
+58.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
41 currently pending
Career history
721
Total Applications
across all art units

Statute-Specific Performance

§101
24.8%
-15.2% vs TC avg
§103
40.1%
+0.1% vs TC avg
§102
14.4%
-25.6% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 680 resolved cases

Office Action

§101
CTNF 18/538,794 CTNF 86672 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. DETAILED ACTION Claims 1-5 are pending. Examiner Notes Examiner cites particular paragraphs and/or columns and lines in the references as applied to Applicant’s claims for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the Applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. The prompt development of a clear issue requires that the replies of the Applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP § 2163.06. 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. Authorization for Internet Communications in a Patent Application Applicant is encouraged to file an Authorization for Internet Communications in a Patent Application form (http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) along with the response to this office action to facilitate and expedite future communication between Applicant and the examiner. If the form is submitted then Applicant is requested to provide a contact email address in the signature block at the conclusion of the official reply. Allowable Subject Matter Claims 1-5 would be allowable over the prior art of record if rewritten to overcome the applicable rejection(s) and/or objection(s) set forth in this Office action because the examiner found neither prior art cited in its entirety, nor based on the prior art, found any motivation to combine any of the said prior art. The primary reason for allowance for independent claim 1 is wherein the performing of the resource management comprises: determining an available resource amount to be used for an experiment in a Kubernetes-based cluster through Equation 1 (Rcpu,exp = Rcpu - Rcpu,others) and Equation 2 (Rmemory,exp = Rmemory - Rmemory,others); setting the resource range to be allocated to each pod to perform the experiment according to the determined available resource amount; and deriving the number of pods to simultaneously run using a resource quota to be allocated to each pod that is determined based on the set resource range, in Equation 1, Rcpu,exp denotes a central processing unit (CPU) available resource amount to be used for the experiment in the Kubernetes-based cluster, Rcpu denotes a CPU resource of the Kubernetes-based cluster, and Rcpu,others denotes a CPU resource currently allocated or in use other than the experiment, in Equation 2, Rmemory,exp denotes a memory available resource amount to be used for the experiment in the Kubernetes-based cluster, Rmemory denotes a memory resource of the Kubernetes-based cluster, and Rmemory,others denotes a memory resource currently allocated or in use other than the experiment, the setting of the resource range comprises setting a maximum value and a minimum value of the resource range to be allocated to pods by measuring an amount of time used for a first pod in a first phase of an ith experiment and (n-1) pods in a second phase of the ith experiment, and the deriving comprises determining importance of each experiment based on the resource range that is set according to the set maximum value and minimum value of the resource range to be allocated to the pods and determining a parallelism and the resource quota according to the determined importance of each experiment in conjunction with the rest of the limitations set forth in the claim. The remaining claims, not specifically mentioned, are allowed because they are dependent upon one of the independent claims mentioned above. Abstract Objection The abstract of the disclosure is objected to because it recites “quota-less” and the term “quota-less” only appears in the title and abstract. Additionally, the claims do not recite “quota-less” and in fact conversely actually recite “using a resource quota”. In other words, how can the invention disclose “quota-less” if the claims actually recite “using a resource quota”? A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Specification Objection The Specification is objected to because the title of the invention recites “quotaless” and the term “quotaless” only appears in the title and abstract. Additionally, the claims do not recite “quotaless” and in fact conversely actually recite “using a resource quota”. In other words, how can the invention disclose “quotaless” if the claims actually recite “using a resource quota”? A new title is required that is clearly indicative of the invention to which the claims are directed. Appropriate correction is required. Claim Objections Claims 1-5 are objected to because of minor informalities. Appropriate correction is required. As per claim 1, in ll. 13, “the experiment” should be “an experiment”. The remaining dependent claims not specifically mentioned above are also objected to by virtue of being dependent upon the above objected to independent claim. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-5 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (an abstract idea) without significantly more. Step 1 : The claim is a process, machine, manufacture, or composition of matter: Claim 1. A resource management method performed by a resource management system, the resource management method comprising. Step 2A Prong One : The claim recites an abstract idea because it includes limitations that can be considered mental processes (concepts performed in the human mind including an observation, evaluation, judgment, and/or opinion). If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the human mind or via pen and paper, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea: performing resource management for searching for a hyperparameter combination of a machine learning model that achieves a target performance of the machine learning model in an available resource amount of Kubernetes ( abstract idea mental process i.e., see below ); and searching for the hyperparameter combination of the machine learning model that achieves the target performance of the machine learning model according to the performed resource management ( abstract idea mental process ), wherein the performing of the resource management comprises: determining an available resource amount to be used for an experiment in a Kubernetes-based cluster through Equation 1 (Rcpu,exp = Rcpu - Rcpu,others) and Equation 2 (Rmemory,exp = Rmemory - Rmemory,others) ( abstract idea mental process ); setting the resource range to be allocated to each pod to perform the experiment according to the determined available resource amount ( abstract idea mental process ); and deriving the number of pods to simultaneously run using a resource quota to be allocated to each pod that is determined based on the set resource range ( abstract idea mental process ), in Equation 1, Rcpu,exp denotes a central processing unit (CPU) available resource amount to be used for the experiment in the Kubernetes-based cluster, Rcpu denotes a CPU resource of the Kubernetes-based cluster, and Rcpu,others denotes a CPU resource currently allocated or in use other than the experiment ( abstract idea mental process ), in Equation 2, Rmemory,exp denotes a memory available resource amount to be used for the experiment in the Kubernetes-based cluster, Rmemory denotes a memory resource of the Kubernetes-based cluster, and Rmemory,others denotes a memory resource currently allocated or in use other than the experiment ( abstract idea mental process ), the setting of the resource range comprises setting a maximum value and a minimum value of the resource range to be allocated to pods by measuring an amount of time used for a first pod in a first phase of an ith experiment and (n-1) pods in a second phase of the ith experiment ( abstract idea mental process ), and the deriving comprises determining importance of each experiment based on the resource range that is set according to the set maximum value and minimum value of the resource range to be allocated to the pods ( abstract idea mental process ) and determining a parallelism and the resource quota according to the determined importance of each experiment ( abstract idea mental process ). Step 2A Prong Two : The abstract idea is not integrated into a practical application because the abstract idea is recited but for generically recited additional computer elements (i.e. data storage, processor, memory, computer readable medium, etc.) which do not add meaningful limitations to the abstract idea amounting to simply implementing the abstract idea on a generic computer using generic computing hardware and/or software (e.g. generally linking the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)). Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The generic computing components are recited at a high-level of generality such that they amount to no more than mere instructions to apply the exception using the recited generic computer components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea: performing resource management for searching for a hyperparameter combination of a machine learning model that achieves a target performance of the machine learning model in an available resource amount of Kubernetes; and searching for the hyperparameter combination of the machine learning model that achieves the target performance of the machine learning model according to the performed resource management, wherein the performing of the resource management comprises: determining an available resource amount to be used for an experiment in a Kubernetes-based cluster ( generic computing components ) through Equation 1 (Rcpu,exp = Rcpu - Rcpu,others) and Equation 2 (Rmemory,exp = Rmemory - Rmemory,others); setting the resource range to be allocated to each pod ( generic computing components ) to perform the experiment according to the determined available resource amount; and deriving the number of pods to simultaneously run using a resource quota to be allocated to each pod that is determined based on the set resource range, in Equation 1, Rcpu,exp denotes a central processing unit (CPU) ( generic computing components ) available resource amount to be used for the experiment in the Kubernetes-based cluster, Rcpu denotes a CPU resource of the Kubernetes-based cluster, and Rcpu,others denotes a CPU resource currently allocated or in use other than the experiment, in Equation 2, Rmemory,exp denotes a memory ( generic computing components ) available resource amount to be used for the experiment in the Kubernetes-based cluster, Rmemory denotes a memory resource of the Kubernetes-based cluster, and Rmemory,others denotes a memory resource currently allocated or in use other than the experiment, the setting of the resource range comprises setting a maximum value and a minimum value of the resource range to be allocated to pods by measuring an amount of time used for a first pod in a first phase of an ith experiment and (n-1) pods in a second phase of the ith experiment, and the deriving comprises determining importance of each experiment based on the resource range that is set according to the set maximum value and minimum value of the resource range to be allocated to the pods and determining a parallelism and the resource quota according to the determined importance of each experiment. Step 2B : The claim does not include any limitations which can be considered extra-solution activity (see MPEP 2106.05(g)) sufficient to amount to significantly more than the abstract idea. The claim does not include any limitations that integrate the judicial exception into a practical application. Therefore, the claim, and its limitations when considered separately and in combination, is directed to patent ineligible subject matter. Claim 2. The resource management method of claim 1, wherein: in Equation 1, Rcpu,others is calculated according to Equation 3 (Rcpu,others = getK8sResourceQuota(t, cpu) + getK8sResource(t, cpu) + getSystemResource(t, cpu)) ( abstract idea mental process ), in Equation 2, Rmemory,others is calculated according to Equation 4 (Rmemory,others = getK8sResourceQuota(t, memory) + getK8sResource(t, memory) + getSystemResource(t, memory)) ( abstract idea mental process ), in Equation 3 and Equation 4, getK8sResourceQuota() denotes a function that derives resource information allocated to namespaces each in which a resource quota object is defined and is calculated by summing resources allocated when generating the namespaces ( abstract idea mental process ), in Equation 3 and Equation 4, getK8sResource() denotes a function that derives resource information allocated to namespaces each in which a resource quota object is not defined and is calculated based on a resource request amount, a resource limit amount, and an actual resource usage of pods present within a namespace ( abstract idea mental process ), and in Equation 3 and Equation 4, getSystemResource() denotes a sum of all resources used in a system other than the Kubernetes-based cluster ( abstract idea mental process ). Claim 3. The resource management method of claim 1, wherein the setting of the resource range comprises: measuring a maximum value of resources available for the ith experiment in such a manner that the first pod performs the ith experiment without resource limit in the first phase of the ith experiment and measuring an amount of time used to measure the maximum value ( abstract idea mental process ), and dividing the measured maximum value of resources into n sections where n denotes a natural number of 2 or more, running (n-1) pods for allocating each resource amount in parallel according to the divided n sections, and measuring an amount of time used to run the (n-1) pods in parallel, in the second phase of the ith experiment ( abstract idea mental process ). Claim 4. The resource management method of claim 3, wherein the setting of the resource range comprises calculating each resource amount ratio through the maximum value of resources corresponding to the divided sections over an amount of time used that is measured up to the second phase, setting a ratio threshold through the calculated each resource amount ratio and a 1/n ratio, and setting a minimum value of resources that do not fall below the set ratio threshold ( abstract idea mental process ). Claim 5. The resource management method of claim 1, wherein the deriving comprises determining a value acquired by dividing a resource amount within the Kubernetes-based cluster available for the experiment by the number of experiment types as a resource quota of the ith experiment ( abstract idea mental process ), calculating a total amount of time and a total resource consumption to be used based on the determined resource quota of the ith experiment and the number of experiment types ( abstract idea mental process ), acquiring a score in time and a score in resources by acquiring reciprocal through scaling of each of the calculated total amount of time and total resource consumption based on the maximum value ( abstract idea mental process ), acquiring a final score through a weighted sum by assigning a time weight and a resource weight to the acquired score in time and score in resources, respectively ( abstract idea mental process ), and determining a resource quota to be allocated to each pod according to the acquired final score ( abstract idea mental process ). Citation of Relevant Prior Art 07-96 AIA The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure : Poothia et al. (US 2022/0083389) in at least [0063] and [0080] disclose experiments and Kubernetes. Sexton et al. (US 2022/0327382) in at least the abstract disclose evaluating hyperparameter configurations and [0033]-[0034] disclose a Kubernetes architecture and a hyperparameter tuning experiment. Xu et al. (US 2025/0217446) in at least the abstract disclose estimating parameters to train neural networks and [0527] a Kubernetes environment. Zhou et al. (US 2021/0366065) in at least [0093]-[0094] disclose that a machine learning system may tune each machine learning algorithm using one or more hyperparameter sets. Xia (US 2021/0201201) in at least [0046]-[0047] discloses adjusting a hyper-parameter weight based on a similarity condition of a machine learning model. Lustenberger et al. (US 2021/0357704) in at least [0067]-[0068] disclose repeatedly changing hyper-parameters. Wurman et al. (US 2023/0249082) in at least [0039] disclose an experiment and a Kubernetes system. Moussaoui (US 2022/0357995) in at least [0026] discloses a CPU quota parameter and [0069] a Kubernetes environment. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam Lee whose telephone number is (571) 270-3369. The examiner can normally be reached on M-TH 8AM-5PM. If attempts to reach the above noted Examiner by telephone are unsuccessful, the Examiner’s supervisor, Pierre Vital, can be reached at the following telephone number: (571) 272-4215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). 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) Form at https://www.uspto.gov/patents/uspto-automated-interview-request-air-form. /Adam Lee/Primary Examiner, Art Unit 2198 March 10, 2026 Application/Control Number: 18/538,794 Page 2 Art Unit: 2198 Application/Control Number: 18/538,794 Page 3 Art Unit: 2198 Application/Control Number: 18/538,794 Page 4 Art Unit: 2198 Application/Control Number: 18/538,794 Page 5 Art Unit: 2198 Application/Control Number: 18/538,794 Page 6 Art Unit: 2198 Application/Control Number: 18/538,794 Page 7 Art Unit: 2198 Application/Control Number: 18/538,794 Page 8 Art Unit: 2198 Application/Control Number: 18/538,794 Page 9 Art Unit: 2198 Application/Control Number: 18/538,794 Page 10 Art Unit: 2198
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Prosecution Timeline

Dec 13, 2023
Application Filed
Mar 10, 2026
Non-Final Rejection — §101 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
99%
With Interview (+58.9%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 680 resolved cases by this examiner. Grant probability derived from career allow rate.

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