DETAILED ACTION
Remarks
This final office action is in response to the amendments filled on 06/10/2026. Claims 1, 3, 4, 6-9 and 12-15 are amended. Claims 16-19 are newly added. Claims 1-19 are pending and examined below.
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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1 (and similarly claim 8), which recites “a first sequence of temporarily ordered execution measurements… a second sequence of temporarily ordered execution measurements… wherein the first and second time-series execution performance information are temporally aligned to equivalent execution phases of the respective training workload of the plurality of training workloads”, the specification lacks written description. The submitted specification does not describe “temporarily ordered” and “temporally aligned to equivalent execution phases”. Arguments submitted on 06/10/2026 mentioned few paragraphs. However, none of the mentioned paragraphs describe the claimed subject matter. [0016-17] of submitted specification describe training a machine learning model to predict performance on a second hardware platform relative to known performance on a first hardware platform. [0018] of submitted specification describe collecting first time-series execution performance information on first hardware platform and collecting second time-series execution performance information on second hardware platform. [0019] of submitted specification describe time series execution performance information includes statistics, metrics, counters and traces over time. [0020] of submitted specification describe execution performance information includes processor related information. [0024] of submitted specification describe example time-series execution performance information collected on a hardware platform during execution of a work. [0032] of submitted specification describes machine learning model maybe neural network with plural layers. [0033] of submitted specification describes time series execution performance information input to layers and predict information. [0034] of submitted specification describes machine learning model is trained to output performance information. [0051] of submitted specification describes comparison of workload of first and second platform.
Dependent claim(s) 2-7 and 9-19 is/are also rejected because they do not resolve their parent deficiencies.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 9 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 9, which recites “improve performance” line 4 and “reduced performance” line 9 is not clear since the claim does not clearly recite the metes and bounds of the desired patent protection.
Response to Arguments
Applicant’s arguments with respect to claim 1-19 have been considered but are moot because the arguments do not apply to the current rejection that is due to the newly added claim amendments.
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOHANA TANJU KHAYER whose telephone number is (408)918-7597. The examiner can normally be reached on Monday - Thursday, 7 am-5.30 pm, PT.
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/SOHANA TANJU KHAYER/Primary Examiner, Art Unit 3657
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