CTNF 18/586,331 CTNF 89896 DETAILED ACTION 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. Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 2-7, 9-14, and 16-20 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. 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. 07-05-01 AIA the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter . Claims 1, 8 , and 15 are rejected under 35 U.S.C. 101. As per claim 1, the claim recites a method, therefore is a process. “ . . . determine a first result using the subset of the information, wherein the first result includes a first virtual machine allocation and a first container placement strategy to achieve the predefined objective . . . determine a second result using the subset of the information, wherein the second result includes a second virtual machine allocation and a second container placement strategy to achieve the predefined objective . . . determine a first fitness value associated with the first result, wherein the first fitness value is determined based at least in part upon time taken by the first computing node to complete a task and an energy consumed by the first computing node . . . determine a second fitness value associated with the second result, wherein the second fitness value is determined based at least in part upon time taken by the second computing node to complete a task and an energy consumed by the second computing node . . . identify a highest fitness value from among the first fitness value and the second fitness value . . . “ These limitations, as drafted, are processes that, under its broadest reasonable interpretation, cover performance of the limitation in the mind but for the recitation of generic computer components. Thus, the claim recites a mental process. “receive a subset of the information pertaining to a predefined objective that is to be achieved . . . receive the subset of the information pertaining to the predefined objective that is to be achieved . . . receive the first result . . . receive the second result . . . output a solution with the virtual machine allocation and the container placement strategy according to the first result or the second result that has the identified highest fitness value “ amounts to data gathering which is considered to be insignificant extra solution activity (MPEP 2106.05(g); this limitation is also a mere generic transmission and presentation of collected and analyzed data which is considered to be insignificant extra solution activity (MPEP 2106.05(g). As discussed above, “receive a subset of the information pertaining to a predefined objective that is to be achieved . . . receive the subset of the information pertaining to the predefined objective that is to be achieved . . . receive the first result . . . receive the second result . . . output a solution with the virtual machine allocation and the container placement strategy according to the first result or the second result that has the identified highest fitness value “ amounts to data gathering which is considered to be insignificant extra solution activity (MPEP 2106.05(g); this limitation is also a mere generic transmission and presentation of collected and analyzed data which is considered to be insignificant extra solution activity (MPEP 2106.05(g). The claim is ineligible. As per claim 8, see rejection on claim 1. As per claim 15, see rejection on claim 1 . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 9632835 teaches a method of determining infrastructure score. US 2025/0258530 teaches a method for placing VM based on power numbers . Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLIE SUN whose telephone number is (571)270-5100. The examiner can normally be reached 9AM-5PM. 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, Pierre Vital can be reached at (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 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. /CHARLIE SUN/Primary Examiner, Art Unit 2198 Application/Control Number: 18/586,331 Page 2 Art Unit: 2198 Application/Control Number: 18/586,331 Page 3 Art Unit: 2198 Application/Control Number: 18/586,331 Page 4 Art Unit: 2198
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