CTNF 18/586,008 CTNF 90369 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 Claim Interpretation - 35 USC § 112 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-34-21 Claim limitations 1-13 has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “one or more components”, “apparatus” coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 13 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof. A review of the specification, Fig. 2 [0025] shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation. If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action. If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011). 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. Claim 14-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Claims 14-20 are directed to a system without further limiting said apparatus with a machine. Based upon consideration of all of the relevant factors with respect to the claim as a whole, claims 14-20 are held to claim an abstract idea, and is therefore rejected as ineligible subject matter under 35 U.S.C. § 101. In particular, the rationale for finding is explained below: are directed toward non-statutory subject matter include: No recitation of a machine or transformation, either express or inherent. Insufficient recitation of a machine or transformation. Involvement of machine, or transformation, with the steps is merely nominally, insignificantly, or tangentially related to the performance of the steps, e.g., data gathering, or merely recites a field in which the method is intended to be applied. Machine is generically recited such that it covers any machine capable of performing the claimed step(s). Machine is merely an object on which the method operates. A system or method claim that fails to meet one of the above requirements is not in compliance with the statutory requirements of 35 U.S.C. 101 for patent eligible subject matter. Here the claims fail to meet the above requirements because the limitations are neither tied to a particular machine (such as an apparatus) nor physically transform underlying subject matter (such as an article or materials) to a different state or thing. Claim Rejections - 35 USC §103 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, 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 1-3, 5-7, 10-14, 16- 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liguori (Pat. No. US 9,535,798) in view of Arroyo (Pub. No. US 2014/0372789) . Claims 1, 11, 12, Liguori teaches “a memory device, comprising: one or more components configured to: perform a boot-up of the memory device ([Col. 9, Lines 55-62] The resource information can be gathered based on a request provided by the offload device or the control plane manager. In some embodiments, the virtual machine monitor may be configured to provide the resource information based on a triggering condition, such as during a portion of the boot process. In some embodiments, the virtual machine monitor 110 can be configured to periodically transmit the resource information.); receive configuration information associated with … the memory device ([Col. 9, Lines 43-55] (45) At (1), the virtual machine monitor 110 can determine the available resources of the physical computing device. The available resources can include information such as the available computing resources, such as processor type, memory configuration, hardware component configuration, versioning information, and other information that identifies the resources of the physical computing device. The resource information can include current operating conditions, computer resource utilization information associated with the current configuration of the physical computing device 100. In some embodiments, the resource information can include resource information associated with the offload device 130.); store the configuration information in a memory of the memory device ([Col. 9 Lines 63-Col. 10, Lines 2] (46) In some embodiments, the resource information associated with a physical computing device 100 can be stored in a data store configured for maintaining the resource information associated with each physical computing device. The data store can also store the current operational state of the physical computing device, such as the instances that are running on the physical computing device 100. [Col. 5, Lines 17-20] The physical computing device 100 can include a local data store (not shown), or be configured to communicate with a data store over a network (not shown).); perform a subsequent boot-up of the memory device ([Col. 24, Lines 3-12] (118) FIG. 8 is a block diagram illustrating a process of retrieving virtual component state configuration information and I/O request identification information. At (1), the virtual component 140 receives a triggering event. The triggering event can be caused by a hardware crash, software crash, network based command or other event affecting the offload device. In some instances, The triggering event can cause the offload device to need to be rebooted in order to resolve the triggering event. In some instances, only the affected virtual components will need to be rebooted.); retrieve the configuration information from the memory of the memory device after performing the subsequent boot-up of the memory device ([Col. 24, Lines 36-39] (121) At (4), the memory 124 sends the stored virtual component state configuration information as well as the I/O request identification information for the virtual component 140 to the virtual component 140.); and initiate one or more virtual functions associated with the single root input-output virtualization based on retrieving the configuration information from the memory of the memory device ([Col. 24, Lines 40-55] (122) At (5), the virtual component 140 is reconfigured in accordance with the virtual component state configuration information. As discussed above, the virtual component state configuration information may be any information that may be used by a virtual component to recreate a virtual component state configuration, such as information that designates a value of variety of variables that may be used as inputs for determination of a configuration of a virtual component and/or indicators reflective of a state of a virtual component. Thereby, using the virtual component state configuration information, the virtual component may revert back to its operational state configuration just prior to the receipt of the triggering event. Also, as discussed above, the I/O request identification information stores transaction identifiers for I/O requests that the virtual component received before the triggering event, but were not resolved. [Col. 8, Lines 14-26] (38) The virtual components 140 represent a set of virtual functions that can be implemented by a virtual machine instances 120. The virtual components 140 can provide virtual I/O functions that emulate the I/O functions of hardware computing devices found in a physical computing device. For example, the virtual components can correspond to I/O device types such as the real time clock (RTC), storage controller, network interface controller (NIC), programmable interrupt controller (PIC), peripheral component interconnect (PCI) bus, disk controller, SCSI controller, floppy drive, keyboard and mouse ports, monitor ports, serial ports, keyboard controller, ISA bus, and other I/O devices.)”. However, Liguori may not explicitly teach further details of SRIOV. Arroyo teaches adapters (virtualized components of Liguori) are SRIOV enabled and are initiated based upon recovery i.e. teaches “a single root input-output virtualization ([0019] Having reference now to the drawings, in FIG. 1, there is shown an example computer system generally designated by the reference character 100 for implementing enhanced error collection for a hardware I/O adapter 102 or Single Root Input/Output Virtualization (SRIOV) adapter 102 in accordance with the preferred embodiment. [0009] In accordance with features of the invention, the VF device driver learns of the error and starts recovery and the VF driver is blocked in the initial recovery steps with the VF PEs remaining frozen until the adapter driver completes the adapter recovery. The adapter driver unfreezes the adapter PE, collects error data, and starts recovery and reinitialization, and the VF PE remains frozen. The adapter driver recovers the adapter, resets the VFs, and recovers the previous configuration of the adapter. The adapter driver gives permission for the unfreeze of the VF PEs and VF drivers commence recovery.)”. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Arroyo with the teachings of Liguori in order to provide a system that teaches SRIOV. The motivation for applying Arroyo teaching with Liguori teaching is to provide a system that allows for design choice. Liguori, Arroyo are analogous art directed towards recovering of configuration. Together Liguori, Arroyo teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Arroyo with the teachings of Liguori by known methods and gained expected results. Claims 2, 16, the combination teaches the claim, wherein Liguori teaches “the memory device of claim 1, wherein the one or more components, to initiate the one or more virtual functions, are configured to host a virtual machine that is configured to perform the one or more virtual functions ([Col. 3, Lines 51-55] (21) In accordance with an illustrative embodiment, the instantiated virtual I/O components on the offload device are configured to execute or process at least a portion of the I/O requests generated by the instantiated virtual machine instances.)”. Claims 3, 17, the combination teaches the claim, wherein Liguori teaches “the memory device of claim 1, wherein the one or more components, to initiate the one or more virtual functions, are configured to initiate the one or more virtual functions associated with the single root input-output virtualization without using a hypervisor ([Col. 25, Line 64 – Col. 26, Line 7] (133) At block 1006, a decision is made as to whether there are any pending I/O requests. This decision is made with regards to whether any I/O requests are received at the virtual component 140 by the virtual component management module of the virtual machine instance 120 hosted by the physical computing device 100 as determined by the retrieved I/O request identification information. If there are no pending I/O requests, the process proceeds through block A to block 904 of FIG. 9, where a decision is made as to whether the virtual component state configuration has been updated.). Claims 5, 13, the combination teaches the claim, wherein Liguori teaches “the memory device of claim 1, wherein the one or more components, after storing the configuration information in the memory of the memory device, and prior to performing the subsequent boot-up of the memory device, perform a shutdown operation or a restart operation for the memory device or experience a power loss associated with the memory device ([Col. 4, Lines 12-20] The offload device can be subject to triggering events that are isolated from the physical computing device. A triggering event could cause the failure and subsequent rebooting of the offload device. Such a failure of the offload device would reset the virtual components hosted on the offload device. In such an event, virtual machine instances, which would otherwise be isolated from the operation of other virtual machine instances, would lose data associated with the virtual components hosted on the offload device.)”. Claims 6,18, the combination teaches the claim, wherein Arroyo teaches “the memory device of claim 1, wherein the one or more components are further configured to receive a register indication or a command that indicates to keep the single root input-output virtualization persistent until the single root input-output virtualization is explicitly modified ([0037] An error or failure of the adapter PE freezes the adapter PE and propagates to the VF PEs associated with the adapter, causing the VF PEs to be frozen. An adapter driver and VF device drivers are informed of the error, and start recovery. The hypervisor locks out the VF device drivers at key points enabling adapter recovery to successfully complete. [0038] In accordance with features of the invention, the adapter driver unfreezes its PE, collects error data, and starts recovery/reinitialization, and the VF PEs remains frozen. The adapter driver recovers the adapter, resets the VFs, and restores the previous configuration of the adapter. The adapter driver gives permission for the unfreeze of the VF PEs and the VF drivers commence recovery.)”. Claims 7, 19, the combination teaches the claim, wherein Liguori teaches “the memory device of claim 1, wherein the one or more components, to receive the configuration information, are configured to receive the configuration information during a one-time factory setup or a field update associated with the memory device ([Col. 10, Lines 27-32] In some instances the control plane manager can be configuring a new physical computing device 100, updating an existing configuration a physical computing device 100, adding/removing virtual instances, and/or performing other management function associated with the physical computing device 100.). Claims 10, 20, the combination teaches the claim, wherein Liguori teaches “the memory device of claim 1, wherein the one or more components, to initiate the one or more virtual functions, are configured to initiate the one or more virtual functions without receiving additional configuration information from a host device ([Col. 24, 49-55] Thereby, using the virtual component state configuration information, the virtual component may revert back to its operational state configuration just prior to the receipt of the triggering event. Also, as discussed above, the I/O request identification information stores transaction identifiers for I/O requests that the virtual component received before the triggering event, but were not resolved.). Claim 14, the combination teaches the claim, wherein Liguori teaches “a system, comprising: a host device configured to: access a physical function of a memory device; determine that the physical function of the memory device supports a single root input-output (i.e. Arroyo [0019]) virtualization for the memory device ([Col. 8, Lines 14-31] (38) The virtual components 140 represent a set of virtual functions that can be implemented by a virtual machine instances 120. The virtual components 140 can provide virtual I/O functions that emulate the I/O functions of hardware computing devices found in a physical computing device. For example, the virtual components can correspond to I/O device types such as the real time clock (RTC), storage controller, network interface controller (NIC), programmable interrupt controller (PIC), peripheral component interconnect (PCI) bus, disk controller, SCSI controller, floppy drive, keyboard and mouse ports, monitor ports, serial ports, keyboard controller, ISA bus, and other I/O devices. The virtual components 140 are sometimes referred to as virtual devices. In a virtual computing environment not every function needs to be virtualized for every machine. The virtual machine monitor 110 can determine which I/O devices need to be virtualized based on the configuration of the virtual machine instance 120.); and transmit configuration information to the memory device associated with the single root input-output virtualization; and the memory device, wherein the memory device is configured to: perform a boot-up of the memory device; receive the configuration information associated with the single root input-output virtualization; store the configuration information in a memory of the memory device; perform a subsequent boot-up of the memory device; retrieve the configuration information from the memory of the memory device after performing the subsequent boot-up of the memory device; and initiate one or more virtual functions associated with the single root input-output virtualization based on retrieving the configuration information from the memory of the memory device ” is similar to claim 1 and therefore rejected with the same references and citations . 07-21-aia AIA Claim /s 4, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liguori, Arroyo in view of Ding (Pub. No. US 2016/0292007) . Claims 4, 15, the combination teaches the claim, wherein Liguori teaches “the memory device of claim 1, wherein the one or more components, to receive the configuration information, are configured to receive configuration information that configures the memory device with the one or more virtual functions ([Col. 24, Lines 40-55] (122) At (5), the virtual component 140 is reconfigured in accordance with the virtual component state configuration information. As discussed above, the virtual component state configuration information may be any information that may be used by a virtual component to recreate a virtual component state configuration, such as information that designates a value of variety of variables that may be used as inputs for determination of a configuration of a virtual component and/or indicators reflective of a state of a virtual component. Thereby, using the virtual component state configuration information, the virtual component may revert back to its operational state configuration just prior to the receipt of the triggering event. Also, as discussed above, the I/O request identification information stores transaction identifiers for I/O requests that the virtual component received before the triggering event, but were not resolved.) , assigns one or more virtual resources for the one or more virtual functions ([Col. 8, 53-56] The translation table can include a table for translating requests to and from the virtual machine instance 120 in order to route the requests to the correct addresses assigned to the virtual components 140.)”. However, the combination may not explicitly teach the remaining limitations. Ding teaches “enumerates the one or more virtual functions…enables one or more vendor-specific features for the one or more virtual functions ([0044] In some embodiments, host system 102 configures the number of virtual functions to be supported by storage device 104 in the following manner. During device enumeration, host system 102 reads information from storage device 104 that indicates the maximum number of virtual functions supported by the storage device 104. This information may be stored in a “Total VF” field of one or more IOV extended capability registers of the storage device 104. During enumeration, host system 102 also specifies the actual number of virtual functions that are to be supported by storage device 104, which storage device 140 stores in the IOV extended capability registers. At this point, firmware of storage device 104 is interrupted and calculates the number of resources that are to be allocated to the different virtual functions. This information, which may be referred to as the “resource pool arrangement,” is stored in the storage device 104. Subsequently, host system 102 sends an administrative query command (such as an NVMe “Get Features” command) that specifies a virtual function to be queried. Firmware of the storage device 104 replies with the number of resources to be allocated to each virtual function. With this information, host system 102 sends another administrative query command (such as an NVMe “Set Features” command) that sets the actual number of resources for a particular virtual machine. This allows virtual functions to be allocated among virtual functions in an efficient manner.)”. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Ding with the teachings of Liguori, Arroyo in order to provide a system that teaches details of virtual functions. The motivation for applying Ding teaching with Liguori, Arroyo teaching is to provide a system that allows for design choice. Liguori, Arroyo, Ding are analogous art directed towards virtual functions. Together Liguori, Arroyo, Ding teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Ding with the teachings of Liguori, Arroyo by known methods and gained expected results . 07-21-aia AIA Claim /s 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liguori, Arroyo in further view of Loewen (Pub. No. US 2019/0102096) . Claim 8, the combination may not explicitly teach the limitation. Loewen teaches “the memory device of claim 7, wherein the boot-up of the memory device is a partial boot-up of the memory device ([0043] The SSD control hardware/software/firmware communicatively coupled with the processor 73 may be operative to cycle power to the SSD 72. In some embodiments, a partial boot-up for the SSD 72 may be performed.)”. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Loewen with the teachings of Liguori, Arroyo in order to provide a system that teaches details of boot ups. The motivation for applying Loewen teaching with Liguori, Arroyo teaching is to provide a system that allows for design choice. Liguori, Arroyo, Loewen are analogous art directed towards system management. Together Liguori, Arroyo, Loewen teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Loewen with the teachings of Liguori, Arroyo by known methods and gained expected results . 07-21-aia AIA Claim /s 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liguori, Arroyo in further view of Dufresne (Pat. No. US 10,235,316) . Claim 9, the combination teaches the claim, wherein Liguori teaches “the memory device of claim 1, wherein the one or more components, after performing the subsequent boot-up of the memory device, are configured to: perform a peripheral component interconnect express enumeration (Examiner notes, Dufresne teaches as evidence enumeration is performed post boot-up and therefore it would be obvious to one of ordinarily skilled in the art enumeration may be performed for the purposes of reinitialization [Col. 9, Lines 22-31] (52) The above-described operation may be necessary because endpoint devices that are running in a shared I/O mode may need to have a central point of contact that manages configuration cycles on behalf of the endpoint. When devices that are using virtual functions generate config cycles, which are typically used during PCIe enumeration that occurs at boot time and after a reset, then the config cycles may be directed to the entity running the physical function driver, and that device may generates the real config cycles that may then sent to the target endpoint.); and enable the single root input-output virtualization for the memory device (Liguori [Col. 24, Lines 40-55] (122) At (5), the virtual component 140 is reconfigured in accordance with the virtual component state configuration information. As discussed above, the virtual component state configuration information may be any information that may be used by a virtual component to recreate a virtual component state configuration, such as information that designates a value of variety of variables that may be used as inputs for determination of a configuration of a virtual component and/or indicators reflective of a state of a virtual component. Thereby, using the virtual component state configuration information, the virtual component may revert back to its operational state configuration just prior to the receipt of the triggering event. Also, as discussed above, the I/O request identification information stores transaction identifiers for I/O requests that the virtual component received before the triggering event, but were not resolved ”)”. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYNUEL S AQUINO whose telephone number is (571)272-7478. The examiner can normally be reached 9AM-5PM EST M-F. 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, Lewis Bullock can be reached at 571-272-3759. 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. /WYNUEL S AQUINO/Primary Examiner, Art Unit 2199 Application/Control Number: 18/586,008 Page 2 Art Unit: 2199 Application/Control Number: 18/586,008 Page 3 Art Unit: 2199 Application/Control Number: 18/586,008 Page 4 Art Unit: 2199 Application/Control Number: 18/586,008 Page 5 Art Unit: 2199 Application/Control Number: 18/586,008 Page 6 Art Unit: 2199 Application/Control Number: 18/586,008 Page 7 Art Unit: 2199 Application/Control Number: 18/586,008 Page 8 Art Unit: 2199 Application/Control Number: 18/586,008 Page 9 Art Unit: 2199 Application/Control Number: 18/586,008 Page 10 Art Unit: 2199 Application/Control Number: 18/586,008 Page 11 Art Unit: 2199 Application/Control Number: 18/586,008 Page 12 Art Unit: 2199 Application/Control Number: 18/586,008 Page 13 Art Unit: 2199
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