DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 102
2. 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, 5, 9-12, 14, 16, 17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Le Moal (US 2011/0191783).
Regarding claim 1, Le Moal discloses s user data system management method, comprising:
acquiring a load parameter (load information of each operating system as disclosed in section 0034) of each of a plurality of user data systems (operating systems); and
performing allocation processing (by allocated the load to a processor of another operating system based on the load information as disclosed in sections 0042-0043, see also sections 0037-0039) of user data in the plurality of user data systems according to the load parameter such that the load parameter is less than a load threshold (below the high threshold as disclosed in sections 0041-0043).
Regarding claim 2, Le Moal discloses wherein the performing allocation processing of user data in the plurality of user data systems according to the load parameter comprises:
determining a first target user data system (operating system 1 as disclosed in sections 0037-0039) from the plurality of user data systems according to the load parameter, and acquiring user data (such as text, image, or video data as disclosed in sections 0022-0024) in the first target user data system; and
allocating the user data to a second target user data system (by allocating load/data to a processor of operating system 0 as disclosed in sections 0037-0039, see in particular section 0039) such that the load parameter is less than the load threshold (high threshold as disclosed in sections 0041-0042), wherein the second target user data system (operating system 0) is one or more of the plurality of user data systems other than the first target user data system (as shown in Fig. 2).
Regarding claim 3, Le Moal discloses wherein the determining a first target user data system from the plurality of user data systems according to the load parameter comprises:
determining from the plurality of user data systems (as disclosed in sections 0037-0039), based on the load parameter (load information as disclosed in sections 0037-0039), a user data system (operating system 1) corresponding to the load parameter that is greater than the load threshold (see section 0039, see also “high threshold” as disclosed sections 0041-0042) as the first target user data system.
Regarding claim 5, Le Moal discloses wherein the acquiring a load parameter of each of a plurality of user data systems comprises:
acquiring a load parameter (from the process scheduler as disclosed in section 0035) sent proactively (cyclically as disclosed in section 0035) by one or more of the user data systems, the load parameter being greater than the load threshold (high threshold as disclosed in sections 0041-0042.
Regarding claim 9, Le Moal discloses a communication device (see Fig. 2), comprising: a memory (Fig. 2, block 230, see column 5, lines 11-39), a processor (blocks 210 and 211), and a computer program (algorithm executed by each operation system as shown in Fig. 6, see also column 6, line 49-column 7, line 45) stored in the memory and executable by the processor, wherein the computer program, when executed by the processor, causes the processor to perform the user data system management method of claim 1, the rejection of which is applicable hereto.
Regarding claim 10, Le Moal discloses a non-transitory computer-readable storage medium (see memory 120 of Fig. 1, column 4, line 48-column 5, line 10), storing computer-executable instructions (algorithm executed by each operation system as shown in Fig. 6, see also column 6, line 49-column 7, line 45) for implementation of a user data system management method as disclosed in claim 1, the rejection of which is applicable hereto.
Regarding claims 11, 12, 14, 16, 17, and 19, the claims include features corresponding to the above rejection of claims 2, 3, and 5, the rejection of which is applicable hereto.
Claim Rejections - 35 USC § 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. Claims 4, 13, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over by Le Moal (US 2011/0191783) in view of Zou (US 2018/0097875).
Regarding claims 4, 13, and 18, Le Moal does not specifically disclose before the determining from the plurality of user data systems, a user data system corresponding to the load parameter that is greater than the load threshold as the first target user data system, the user data system management method comprises: sending a load sharing policy adjustment instruction to the user data systems to determine the load threshold of the user data systems.
However, Zou also discloses determining (see sections 0055-0056 and 0094-0095) a user data system (server) corresponding to a load parameter (load proportion) that is greater than a load threshold (load proportion threshold). Zou further discloses sending a load sharing policy adjustment (adjusted leveling policy as disclosed in section 0106) instruction to the servers to determine the load threshold (increased load proportion threshold as disclosed in section 0106) of the servers. Therefore, it would have been obvious to one skilled in the art before the effective filing date of the present invention to modify the method of Le Moal with leveling policy as taught by Zou since Zou discloses the leveling policy advantageously reduces an overall load of disturbed databases/systems (see section 0110).
Allowable Subject Matter
6. Claims 6-8, 15, and 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
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CURTIS B ODOM whose telephone number is (571)272-3046. The examiner can normally be reached 8-5.
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/CURTIS B ODOM/Primary Examiner, Art Unit 2631 February 4, 2026