DETAILED ACTION and
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 9-26 are pending in this application.
Response to Arguments
Applicant’s arguments, filed on 12/26/2025, with respect to the claim interpretations of claims 9-18 and 20-26 under 35 U.S.C. 112f have been fully considered and some are persuasive. Some of the claim interpretations have been withdrawn.
Applicant’s arguments regarding the rejections of claims 9-18 and 20-26 under 35 U.S.C. 112a have been fully considered and are persuasive. The rejections have been withdrawn.
Applicant’s arguments regarding the rejections of claims 9-26 under 35 U.S.C. 112b have been fully considered and are persuasive. The rejections have been withdrawn. However, new 35 U.S.C. 112b rejections are applied to claims 9-26 based on the amendments.
Applicant's arguments regarding the 35 U.S.C. 102/103 rejections of claims 9-26 have been fully considered but they are moot in light of the references being applied in the current rejection.
Information Disclosure Statement
The information disclosure statements filed on 10/21/2025 and 12/04/2025 have been considered.
Claim Interpretation
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in M/PEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “the virtual software configured to execute shutdown of the plurality of virtual machines and to transmit a notification to a control device upon executing shutdown of all the virtual machines” in claim 20, and “the control unit is configured to shut down a hypervisor before stopping power supply from the uninterruptible power supply device to the information processing device after decoupling the virtual storage upon receiving the notification” in claim 26.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
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.
Claims 9-26 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As per claim 9:
Lines 6-8 recite “wherein the virtual software is configured, when the control unit executes the program to perform the operations as the hypervisor, the virtual software, and the plurality of virtual machines are, to execute shutdown of the plurality of virtual machines” but it is unclear what this means (Is the virtual software executing shutdown of the plurality of virtual machines or are the plurality of virtual machines execution shutdown of itself?).
As per claim 16:
Lines 2-3 recite “a network card configured to be installed in a slot of an uninterruptible power supply device and to communicate with the uninterruptible power supply device” but it is unclear what it means for the network card to communicate with the uninterruptible power supply device when the network card is installed in the uninterruptable power supply device.
As per claim 19:
Lines 8-10 recite “which causes the control device to stop power supply from an uninterruptible power supply device to the information processing device, so as to shut down the information processing device” but line 3 recites “at least one information processing device”. Therefore, it is unclear what “the information processing device” refers to.
As per claim 20:
Lines 13-17 recite “to perform operations comprising: executing shutdown of the plurality of virtual machines that operate on the hypervisor: and transmitting the notification to the control device” but it is unclear what is performing those operations.
Claims 10-15, 17-18, and 21-26 are dependent claims of claims 9 and 16, and fail to resolve the deficiencies of claims 10 and 16, so they are rejected for the same reasons.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 10-15 and 21-25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of copending Application No. 17069893 in view of Grehan (US 20200183725 A1) and further in view of Yoshikawa et al. (JP2008140029A hereinafter Yoshikawa).
Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claim 10 of the instant application, the following table compares claim 10 with claim 12 of the copending application 17069893. The differences are bolded.
Instant application
App. No. 17069893
10. An information processing system comprising: the information processing device according to claim 9,
an uninterruptible power supply device connected to the information processing device, and
the control device further comprising a network card configured to control the information processing device and the uninterruptible power supply device,
wherein the control device is further configured to shut down the information processing device and to stop power supply from the uninterruptible power supply device to the information processing device upon receiving the notification from the virtual software.
9. An information processing device comprising: a control unit comprising a processor configured with a program to perform operations comprising operations as: a hypervisor, virtual software and a plurality of virtual machines as software, wherein the virtual software is configured, when the control unit executes the program to perform the operations as the hypervisor, the virtual software, and the plurality of virtual machines are, to execute shutdown of the plurality of virtual machines and to transmit a notification to a control device upon completion of shutdown of all the plurality of virtual machines.
8. An information processing system that comprises a plurality of information processing devices, wherein each of the plurality of information processing devices comprises a control unit, the control unit of at least one of the plurality information processing devices comprises a circuit or a processor configured with instructions to perform operations comprising managing shutdown of a plurality of guest OSs that operates on a virtual OS, and a display control unit comprising a display configured to display a stoppage priority setting screen for setting a stoppage priority indicating an order for shutting down the plurality of guest OSs; and the control unit is configured with the instructions such that managing shutdown of the plurality of guest OSs comprises: starting to execute shutdown of a first guest OS of the plurality of guest OSs according to the set stoppage priority; and starting to execute shutdown of a second guest OS of the plurality of guest OSs according to the set stoppage priority by acquiring information indicating that shutdown of the first guest OS of the plurality of guest OSs is completed.
12. The information processing system according to claim 8, further comprising:
an uninterruptible power supply device connected to the information processing devices; and
a control device controlling the information processing devices and the uninterruptible power supply device,
wherein the at least one information processing device provide a notification to the control device that all of the guest OSs have stopped operation, and
the control device is configured to shut down the information processing devices and the uninterruptible power supply device upon receiving the notification from the at least one information processing device that all of guest OSs have stopped operation.
Although claim 10 of the instant application and claim 12 of copending application ‘893 are not identical, they are not patentably distinct from each other. The copending application ‘893 does not explicitly claim an information processing device according to claim 9; the control device further comprising a network card; to stop power supply from the uninterruptible power supply device to the information processing device upon receiving the notification from the virtual software; and where claim 12 of copending application fails to teach the following portions of claim 9: a hypervisor, a virtual software and a plurality of virtual machines as software, wherein the virtual software is configured, when the control unit executes the program to perform the operations as the hypervisor, the virtual software, and the plurality of virtual machines are, to execute shutdown of the plurality of virtual machines.
However, Grehan teaches a hypervisor; virtual software; and a plurality of virtual machines as software ([0028] The block diagram 200 includes a virtual SAN cluster 202, a computing device 204, and a UPS 206. The virtual SAN cluster 202 includes hosts 207a-207e, each of which is configured to host a respective hypervisor of hypervisors 208a-208e. Each of the hypervisors 208a-208e is configured to manage one or more VMs, such as by instantiating, or starting, VMs, shutting down VMs, and re-instantiating, or re-starting, VMs which have been previously shut down. The computing device 204 is configured to manage operation of the virtual SAN cluster 202; [0013] In one embodiment, the instructions are further configured to instruct the at least one processor to shut down, in response to determining that the number of critical hosts exceeds the fault tolerance level, VMs hosted by each host of the plurality of hosts.),
wherein the virtual software is configured, when the control unit executes the program to perform the operations as the hypervisor, the virtual software, and the plurality of virtual machines are, to execute shutdown of the plurality of virtual machines (Fig. 3; [0013] In one embodiment, the instructions are further configured to instruct the at least one processor to shut down, in response to determining that the number of critical hosts exceeds the fault tolerance level, VMs hosted by each host of the plurality of hosts; [0028] The block diagram 200 includes a virtual SAN cluster 202, a computing device 204, and a UPS 206. The virtual SAN cluster 202 includes hosts 207a-207e, each of which is configured to host a respective hypervisor of hypervisors 208a-208e. Each of the hypervisors 208a-208e is configured to manage one or more VMs, such as by instantiating, or starting, VMs, shutting down VMs; [0040] a number and type of processors within the virtual SAN cluster 252;).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined the claims of copending application ‘893 with the teachings of Grehan to improve a VM based computer system (see Grehan [0062] providing significant improvements to VM-based computer systems).
The claims of copending application ‘893 and Grehan fail to teach the control device further comprising a network card; to stop power supply from the uninterruptible power supply device to the information processing device upon receiving the notification from the virtual software.
However, Yoshikawa teaches the control device further comprising a network card; to stop power supply from the uninterruptible power supply device to the information processing device upon receiving the notification from the virtual software ([0083] Next, the UPS control device 4 monitors the state of the UPS2, causes the UPS2 to execute the UPS stopping process based on the monitoring result, and notifies the server 1 connected via the UPS2 of the state information indicating the state of the LAN3, and includes a control unit 71, a monitoring unit 72, and a communication unit 73; [0059] communicating unit 19 including a LAN adapter; [0087] The communication unit 73 is provided with an Internet Protocol (IP) address capable of individually identifying the UPS control device 4 from the other UPS control devices 4, and transmits state information of the LAN3, a shutdown processing command, and the like to the server 1 via the UPS2 according to TCP/IP; [0092] the power supply from the UPS2 to the server 1 and the UPS control device 4 is stopped. That is, the UPS2 UPS stopping process is executed by the control of the UPS control device 4; [0085] In the UPS control device 4, the control unit 71 causes the monitoring unit 72 to monitor the UPS2 according to the control from the server 1, and controls the states of the switch 62; [0054] The trigger for the UPS control device 4 - 1 to cause the UPS2 - 1 to execute the UPS stopping process may be based on the arrival of the date and time that can be arbitrarily set by the user, or may be immediately in response to a predetermined operation of the user, in addition to the trigger based on the monitoring result of the UPS2 - 1 described above. In any of these cases, a shutdown processing instruction is notified to the server 1 prior to the execution of the UPS stop processing; [0112] The user can set not only the setting related to the server 1 but also the setting related to the UPS control device 4 and the UPS2 on the setting screen 100 by using the inputting unit 16 and the outputting unit 17 of the server 1; [0059] The input/output interface 15 is connected to an inputting unit 16 including inputting devices such as a keyboard and a mouse by which a user inputs an operation command; [0068] The UPS monitoring unit 31 manages the UPS control devices 4-1 to 4-i connected via the communication unit 19 and the LAN3 by IP addresses assigned to the UPS control devices 4-1 to4-i, causes the UPS control devices 4-1 to 4-i to monitor the UPS2 corresponding to each of the UPS control devices 4-1 to 4-i as needed, notifies the UPS monitoring unit 31 of state information of the UPS2 (whether or not the UPS2 is operating and whether or not an abnormality has occurred) which is a monitoring result).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined the claims of copending application ‘893 and Grehan with the teachings of Yoshikawa to reduce the load on a server (see Yoshikawa [0107] As described above, since the UPS2 stopping process is controlled by the UPS control device 4, the resources of the server 1 are not used for this control. Therefore, the load on the server can be reduced as compared with the conventional case in which the server directly controls the UPS stop processing.).
Similar claim mappings of the dependent claims of claim 10 would have been obvious to a person having ordinary skill in the art but have been omitted for the sake of brevity.
Claims 16-18 and 26 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of copending Application No. 17069893 in view of Yoshikawa et al. (JP2008140029A hereinafter Yoshikawa) and further in view of Schneider Electric (User Guide PowerChute Network Shutdown v4.2 VMware hereinafter Schneider).
Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claim 16 of the instant application, the following table compares claim 16 with claim 12 of the copending application 17069893. The differences are bolded.
Instant application
App. No. 17069893
16. A control device comprising: a network card configured to be installed in a slot of an uninterruptible power supply device and to communicate with the uninterruptible power supply device and an information processing device,
wherein the network card is configured to shut down the information processing device and to stop power supply from the uninterruptible power supply device to the information processing device upon receiving a notification, from the information processing device, indicating that all virtual machines executed by a control unit of the information processing device have stopped operation.
8. An information processing system that comprises a plurality of information processing devices, wherein each of the plurality of information processing devices comprises a control unit, the control unit of at least one of the plurality information processing devices comprises a circuit or a processor configured with instructions to perform operations comprising managing shutdown of a plurality of guest OSs that operates on a virtual OS, and a display control unit comprising a display configured to display a stoppage priority setting screen for setting a stoppage priority indicating an order for shutting down the plurality of quest OSs; and the control unit is configured with the instructions such that managing shutdown of the plurality of guest OSs comprises: starting to execute shutdown of a first guest OS of the plurality of guest OSs according to the set stoppage priority; and starting to execute shutdown of a second guest OS of the plurality of guest OSs according to the set stoppage priority by acquiring information indicating that shutdown of the first guest OS of the plurality of guest OSs is completed.
12. The information processing system according to claim 8, further comprising:
an uninterruptible power supply device connected to the information processing devices; and
a control device controlling the information processing devices and the uninterruptible power supply device,
wherein the at least one information processing device provide a notification to the control device that all of the guest OSs have stopped operation, and
the control device is configured to shut down the information processing devices and the uninterruptible power supply device upon receiving the notification from the at least one information processing device that all of guest OSs have stopped operation.
Although claim 16 of the instant application and claim 12 of copending application ‘893 are not identical, they are not patentably distinct from each other. The copending application ‘893 does not explicitly claim a network card configured to be installed in a slot of an uninterruptible power supply device and to communicate with the uninterruptible power supply device and an information processing device, wherein the network card is configured to shut down the information processing device and to stop power supply from the uninterruptible power supply device to the information processing device upon receiving a notification, from the information processing device, indicating that all virtual machines executed by a control unit of the information processing device have stopped operation.
However, Yoshikawa teaches a network card configured to communicate with the uninterruptible power supply device and an information processing device ([0087] The communication unit 73 is provided with an Internet Protocol (IP) address capable of individually identifying the UPS control device 4 from the other UPS control devices 4, and transmits state information of the LAN3, a shutdown processing command, and the like to the server 1 via the UPS2 according to TCP/IP; [0059] a communicating unit 19 including a LAN adapter; [0083] Next, the UPS control device 4 monitors the state of the UPS2, causes the UPS2 to execute the UPS stopping process based on the monitoring result, and notifies the server 1 connected via the UPS2 of the state information indicating the state of the LAN3, and includes a control unit 71, a monitoring unit 72, and a communication unit 73.),
wherein the network card is configured to shut down the information processing device and to stop power supply from the uninterruptible power supply device to the information processing device upon receiving a notification, from the information processing device ([0068] The UPS monitoring unit 31 manages the UPS control devices 4-1 to 4-i connected via the communication unit 19 and the LAN3 by IP addresses assigned to the UPS control devices 4-1 to 4-i, causes the UPS control devices 4-1 to 4-i to monitor the UPS2 corresponding to each of the UPS control devices 4-1 to 4-i as needed, notifies the UPS monitoring unit 31 of state information of the UPS2 (whether or not the UPS2 is operating and whether or not an abnormality has occurred) which is a monitoring result, and notifies the outputting unit 17 and the shutdown control unit 32 of the notified state information. When the UPS monitoring unit 31 receives a shutdown processing instruction notified from the UPS control devices 4 - 1 to 4 - I, the UPS monitoring unit 31 outputs the received shutdown processing instruction to the shutdown control unit 32. [0096] In step S1, the communication unit 19 of the server 1 starts communication with each UPS control device 4 connected via LAN3 in accordance with TCP/IP. [0097] In step S2, the UPS monitoring unit 31 causes each UPS control device 4 connected via the communication unit 19 and the LAN3 to start monitoring the state of the corresponding UPS2. In response to this, each UPS control device 4 starts to notify the UPS monitoring unit 31 of the server 1 of state information indicating the state of the corresponding UPS2; [0091] the control unit 71 generates a shutdown process command for the server 1, outputs the command to the communication unit 73, and causes the communication unit 73 to notify the server 1 of the command via the LAN3; [0092] the power supply from the UPS2 to the server 1 and the UPS control device 4 is stopped. That is, the UPS2 UPS stopping process is executed by the control of the UPS control device 4; [0077] The state of the switch 62 is switched based on the control from the control unit 71 of the UPS control device 4…when the state of the UPS2 is caused to transition to a stopped state (a state in which output of electric power is prohibited), the switch 62 is switched to the OFF state; [0086] The monitoring unit 72 monitors the state of the UPS2 itself (for example, deterioration of the battery 64), generates state information indicating the state of the UPS2 (information indicating whether or not the UPS2 is operating, whether or not an abnormality has occurred, and, in a case where an abnormality has occurred, whether the abnormality is an abnormality of the factory itself or an abnormality of the commercial AC power source 5) on the basis of the detection result of the state of the commercial AC power source 5 by the detection device 61, and supplies the state information to the control unit 71 and the communication unit 73. [0087] The communication unit 73 is provided with an Internet Protocol (IP) address capable of individually identifying the UPS control device 4 from the other UPS control devices 4, and transmits state information of the LAN3, a shutdown processing command, and the like to the server 1 via the UPS2 according to TCP/IP; [0037] executes a stopping process of causing a transition from an operating state in which power is supplied to the information processing apparatus to a stopped state in which power is not supplied, and notifies the information processing apparatus of a shutdown process command that instructs the information processing apparatus to transition from the operating state to a dormant state in response to the execution of the stopping process via the network; [0053] prior to causing the UPS2 - 1 to execute the UPS stopping process, the UPS control device 4 - 1 generates a shutdown process command for instructing the server 1 to execute a shutdown process, and notifies the server 1 of the shutdown process command together with the above-described state information via the LAN3; [0112] The user can set not only the setting related to the server 1 but also the setting related to the UPS control device 4 and the UPS2 on the setting screen 100 by using the inputting unit 16 and the outputting unit 17 of the server 1; [0059] The input/output interface 15 is connected to an inputting unit 16 including inputting devices such as a keyboard and a mouse by which a user inputs an operation command;).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined the claims of copending application ‘893 with the teachings of Yoshikawa to reduce the load on a server (see Yoshikawa [0107] As described above, since the UPS2 stopping process is controlled by the UPS control device 4, the resources of the server 1 are not used for this control. Therefore, the load on the server can be reduced as compared with the conventional case in which the server directly controls the UPS stop processing.).
The claims of copending application ‘893 and Yoshikawa fails to teach a network card configured to be installed in a slot of an uninterruptible power supply device, to shut down the information processing device and to stop power supply from the uninterruptible power supply device upon receiving a notification indicating that all virtual machines executed by a control unit of the information processing device have stopped operation.
However, Schneider teaches a network card configured to be installed in a slot of an uninterruptible power supply device (page 4 top figure
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; page 103 line 5 the NMC is firmly inserted in its slot),
to shut down the information processing device and to stop power supply from the uninterruptible power supply device upon receiving a notification indicating that all virtual machines executed by a control unit of the information processing device have stopped operation (page 50 lines 4-5 When PowerChute has finished shutting down VMs and vApps the Alarm status will change to “Alert” as the VMware hosts are commanded to shut down; page 49 PowerChute vCenter Server Alarms Enabling either of the vSphere plug-in options also creates a custom PowerChute vCenter Server Alarm. In the vSphere desktop client plug-in, alarms can be configured to carry out actions using the Actions tab in the Alarm Settings dialog. For example you can configure an action to send a notification e-mail to an administrator when the alarm is triggered;page 83 lines 3-7 PowerChute is installed on a physical machine outside the cluster, configured for a Single/Redundant UPS configuration with several VMware Hosts in a HA cluster. The option to Turn off the UPS is enabled on the Shutdown Settings page. No shutdown command file is configured. VM shutdown and vApp shutdown have been enabled with 120 second delay configured for each. When a critical UPS event, such as On Battery occurs, the following sequence is triggered; page 83 figure
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page 83 lines 12-14 VMware Hosts enter Maintenance mode if all VMs are powered off, otherwise the Maintenance mode task is cancelled. PowerChute issues commands to shut down the VMware hosts; page 84 line 2 The UPS will then turn off after the user-configurable Shutdown Delay time has elapsed.).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined the claims of copending application ‘893 and Yoshikawa with the teachings of Schneider to gracefully shutdown an uninterruptible power supply (page 110 line 14 PowerChute has sent a graceful shutdown command to the UPS).
Similar claim mappings of the dependent claims of claim 16 would have been obvious to a person having ordinary skill in the art but have been omitted for the sake of brevity.
Claim 19 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of copending Application No. 17069893 in view of Grehan (US 20200183725 A1).
Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claim 19 of the instant application, the following table compares claim 19 with claim 12 of the copending application 17069893. The differences are bolded.
Instant application
App. No. 17069893
19. A management method to be executed on at least one information processing device with a hypervisor and a plurality of virtual machines, the management method causing the at least one information processing device to carry out, the method comprising:
executing shutdown of the plurality of virtual machines that operate on the hypervisor; and
transmitting a notification to a control device upon completion of shutdown of all the plurality of virtual machines, which causes the control device to stop power supply from an uninterruptible power supply device to the information processing device, so as to shut down the information processing device.
8. An information processing system that comprises a plurality of information processing devices, wherein each of the plurality of information processing devices comprises a control unit, the control unit of at least one of the plurality information processing devices comprises a circuit or a processor configured with instructions to perform operations comprising managing shutdown of a plurality of guest OSs that operates on a virtual OS, and a display control unit comprising a display configured to display a stoppage priority setting screen for setting a stoppage priority indicating an order for shutting down the plurality of quest OSs; and the control unit is configured with the instructions such that managing shutdown of the plurality of guest OSs comprises: starting to execute shutdown of a first guest OS of the plurality of guest OSs according to the set stoppage priority; and starting to execute shutdown of a second guest OS of the plurality of guest OSs according to the set stoppage priority by acquiring information indicating that shutdown of the first guest OS of the plurality of guest OSs is completed.
12. The information processing system according to claim 8, further comprising:
an uninterruptible power supply device connected to the information processing devices; and
a control device controlling the information processing devices and the uninterruptible power supply device,
wherein the at least one information processing device provide a notification to the control device that all of the guest OSs have stopped operation, and
the control device is configured to shut down the information processing devices and the uninterruptible power supply device upon receiving the notification from the at least one information processing device that all of guest OSs have stopped operation.
Although claim 19 of the instant application and claim 12 of copending application ‘893 are not identical, they are not patentably distinct from each other. The copending application ‘893 does not explicitly claim a management method to be executed on at least one information processing device with a hypervisor and a plurality of virtual machines, the management method causing the at least one information processing device to carry out, the method comprising: executing shutdown of a plurality of virtual machines that operate on the hypervisor.
However, Grehan teaches a management method to be executed on at least one information processing device with a hypervisor and a plurality of virtual machines, the management method causing the at least one information processing device to carry out, the method comprising ([0028] The virtual SAN cluster 202 includes hosts 207a-207e, each of which is configured to host a respective hypervisor of hypervisors 208a-208e. Each of the hypervisors 208a-208e is configured to manage one or more VMs):
executing shutdown of a plurality of virtual machines that operate on the hypervisor ([0028] The virtual SAN cluster 202 includes hosts 207a-207e, each of which is configured to host a respective hypervisor of hypervisors 208a-208e. Each of the hypervisors 208a-208e is configured to manage one or more VMs, such as by instantiating, or starting, VMs, shutting down VMs);
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined the claims of copending application ‘893 with the teachings of Grehan to improve a VM based computer system (see Grehan [0062] providing significant improvements to VM-based computer systems).
Claim 20 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of copending Application No. 17069893 in view of Grehan (US 20200183725 A1) and further in view of Yoshikawa et al. (JP2008140029A hereinafter Yoshikawa).
Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claim 20 of the instant application, the following table compares claim 20 with claim 12 of the copending application 17069893. The differences are bolded.
Instant application
App. No. 17069893
20. A non-transitory computer-readable storage medium storing a computer program causing an information processing system comprising: an information processing device comprising a hypervisor, virtual software and a plurality of virtual machines as software to be executed by a control unit of the information processing device,
the virtual software configured to execute shutdown of the plurality of virtual machines and to transmit a notification to a control device upon completion of shutdown of all the plurality of virtual machines,
an uninterruptible power supply device connected to the information processing device, and
the control device comprising a network card configured to control the information processing device and the uninterruptible power supply device,
the control device configured to shut down the information processing device and to stop power supply from the uninterruptible power supply device to the information processing device upon receiving the notification from the virtual software, to perform operations comprising: executing shutdown of the plurality of virtual machines that operate on the hypervisor: and
transmitting the notification to the control device upon completion of shutdown of all the plurality of virtual machines, which causes the control device to stop power supply from the uninterruptible power supply device to the information processing device, so as to shut down the information processing device.
8. An information processing system that comprises a plurality of information processing devices, wherein each of the plurality of information processing devices comprises a control unit, the control unit of at least one of the plurality information processing devices comprises a circuit or a processor configured with instructions to perform operations comprising managing shutdown of a plurality of guest OSs that operates on a virtual OS, and a display control unit comprising a display configured to display a stoppage priority setting screen for setting a stoppage priority indicating an order for shutting down the plurality of quest OSs; and the control unit is configured with the instructions such that managing shutdown of the plurality of guest OSs comprises: starting to execute shutdown of a first guest OS of the plurality of guest OSs according to the set stoppage priority; and starting to execute shutdown of a second guest OS of the plurality of guest OSs according to the set stoppage priority by acquiring information indicating that shutdown of the first guest OS of the plurality of guest OSs is completed.
12. The information processing system according to claim 8, further comprising:
an uninterruptible power supply device connected to the information processing devices; and
a control device controlling the information processing devices and the uninterruptible power supply device,
wherein the at least one information processing device provide a notification to the control device that all of the guest OSs have stopped operation, and
the control device is configured to shut down the information processing devices and the uninterruptible power supply device upon receiving the notification from the at least one information processing device that all of guest OSs have stopped operation.
Although claim 20 of the instant application and claim 12 of copending application ‘893 are not identical, they are not patentably distinct from each other. The copending application ‘893 does not explicitly claim a non-transitory computer-readable storage medium storing a computer program causing an information processing system comprising: an information processing device comprising a hypervisor, virtual software; the virtual software configured to execute shutdown of the plurality of virtual machines; the control device comprising a network card; to stop power supply from the uninterruptible power supply device to the information processing device upon receiving the notification from the virtual software, to perform operations comprising: executing shutdown of the plurality of virtual machines that operate on the hypervisor; the control device to stop power supply from the uninterruptible power supply device to the information processing device.
However, Grehan teaches a non-transitory computer-readable storage medium storing a computer program causing an information processing system comprising (claim 19 A non-transitory computer-readable medium storing sequences of computer-executable instructions for managing a virtual storage area network cluster):
an information processing device comprising a hypervisor, virtual software (Fig. 3; [0013] In one embodiment, the instructions are further configured to instruct the at least one processor to shut down, in response to determining that the number of critical hosts exceeds the fault tolerance level, VMs hosted by each host of the plurality of hosts; [0028] The block diagram 200 includes a virtual SAN cluster 202, a computing device 204, and a UPS 206. The virtual SAN cluster 202 includes hosts 207a-207e, each of which is configured to host a respective hypervisor of hypervisors 208a-208e. Each of the hypervisors 208a-208e is configured to manage one or more VMs, such as by instantiating, or starting, VMs, shutting down VMs; [0040] a number and type of processors within the virtual SAN cluster 252;),
the virtual software configured to execute shutdown of the plurality of virtual machines ([0013] In one embodiment, the instructions are further configured to instruct the at least one processor to shut down, in response to determining that the number of critical hosts exceeds the fault tolerance level, VMs hosted by each host of the plurality of hosts;),
to stop power supply from the uninterruptible power supply device to the information processing device ([0030] the computing device 204 may control the hypervisors 208a-208e to initiate a safe shutdown procedure in which each of the hypervisors 208a-208e shuts down hosted VMs before access to power from the UPS 206 is lost; [0023] the corresponding host may safely shut down one or more hosted VMs before the UPS discontinues providing power to the host; [0031] The computing device 254 may be communicatively coupled to each of the UPSs 256a-256f and to each of the hypervisors 257a-257e, and is configured to manage operation of the virtual SAN cluster 252), to perform operations comprising: executing shutdown of the plurality of virtual machines that operate in the hypervisor ([0045] hypervisors 258a-258e to initiate a shutdown of all VMs hosted by the hypervisors 258a-258e.); and to stop power supply from the uninterruptible power supply device to the information processing device ([0023] the corresponding host may safely shut down one or more hosted VMs before the UPS discontinues providing power to the host;).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined the claims of copending application ‘893 with the teachings of Grehan to improve a VM based computer system (see Grehan [0062] providing significant improvements to VM-based computer systems).
The claims of copending application ‘893 and Grehan fail to teach the control device comprising a network card; to stop power supply from the uninterruptible power supply device to the information processing device upon receiving the notification from the virtual software; the control device to stop power supply from the uninterruptible power supply device to the information processing device.
However, Yoshikawa teaches the control device comprising a network card; to stop power supply from the uninterruptible power supply device to the information processing device upon receiving the notification from the virtual software; the control device to stop power supply from the uninterruptible power supply device to the information processing device, so as to shut down the information processing device ([0091] the control unit 71 generates a shutdown process command for the server 1, outputs the command to the communication unit 73, and causes the communication unit 73 to notify the server 1 of the command via the LAN3; [0092] the power supply from the UPS2 to the server 1 and the UPS control device 4 is stopped. That is, the UPS2 UPS stopping process is executed by the control of the UPS control device 4; [0070] The shutdown control unit 32 controls the shutdown processing of the server 1 itself based on the shutdown processing command from the UPS control devices 4 - 1 to 4 - I notified from the UPS monitoring unit 31; [0085] In the UPS control device 4, the control unit 71 causes the monitoring unit 72 to monitor the UPS2 according to the control from the server 1, and controls the states of the switch 62; [0083] Next, the UPS control device 4 monitors the state of the UPS2, causes the UPS2 to execute the UPS stopping process based on the monitoring result, and notifies the server 1 connected via the UPS2 of the state information indicating the state of the LAN3, and includes a control unit 71, a monitoring unit 72, and a communication unit 73; [0059] communicating unit 19 including a LAN adapter; [0087] The communication unit 73 is provided with an Internet Protocol (IP) address capable of individually identifying the UPS control device 4 from the other UPS control devices 4, and transmits state information of the LAN3, a shutdown processing command, and the like to the server 1 via the UPS2 according to TCP/IP; [0054] The trigger for the UPS control device 4 - 1 to cause the UPS2 - 1 to execute the UPS stopping process may be based on the arrival of the date and time that can be arbitrarily set by the user, or may be immediately in response to a predetermined operation of the user, in addition to the trigger based on the monitoring result of the UPS2 - 1 described above. In any of these cases, a shutdown processing instruction is notified to the server 1 prior to the execution of the UPS stop processing; [0112] The user can set not only the setting related to the server 1 but also the setting related to the UPS control device 4 and the UPS2 on the setting screen 100 by using the inputting unit 16 and the outputting unit 17 of the server 1; [0059] The input/output interface 15 is connected to an inputting unit 16 including inputting devices such as a keyboard and a mouse by which a user inputs an operation command).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined the claims of copending application ‘893 and Grehan with the teachings of Yoshikawa to reduce the load on a server (see Yoshikawa [0107] As described above, since the UPS2 stopping process is controlled by the UPS control device 4, the resources of the server 1 are not used for this control. Therefore, the load on the server can be reduced as compared with the conventional case in which the server directly controls the UPS stop processing.).
Claim Rejections - 35 USC § 103
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Grehan (US 20200183725 A1) in view of Yamaguchi et al. (US 20090249354 A1 hereinafter Yamaguchi).
As per claim 9, Grehan teaches an information processing device comprising: a control unit comprising a processor configured with a program to perform operations comprising operations as: a hypervisor; virtual software; and a plurality of virtual machines as software ([0028] The block diagram 200 includes a virtual SAN cluster 202, a computing device 204, and a UPS 206. The virtual SAN cluster 202 includes hosts 207a-207e, each of which is configured to host a respective hypervisor of hypervisors 208a-208e. Each of the hypervisors 208a-208e is configured to manage one or more VMs, such as by instantiating, or starting, VMs, shutting down VMs, and re-instantiating, or re-starting, VMs which have been previously shut down. The computing device 204 is configured to manage operation of the virtual SAN cluster 202; [0040] a number and type of processors within the virtual SAN cluster 252; [0013] In one embodiment, the instructions are further configured to instruct the at least one processor to shut down, in response to determining that the number of critical hosts exceeds the fault tolerance level, VMs hosted by each host of the plurality of hosts.),
wherein the virtual software is configured, when the control unit executes the program to perform the operations as the hypervisor, the virtual software, and the plurality of virtual machines are, to execute shutdown of the plurality of virtual machines (Fig. 3; [0013] In one embodiment, the instructions are further configured to instruct the at least one processor to shut down, in response to determining that the number of critical hosts exceeds the fault tolerance level, VMs hosted by each host of the plurality of hosts; [0028] The block diagram 200 includes a virtual SAN cluster 202, a computing device 204, and a UPS 206. The virtual SAN cluster 202 includes hosts 207a-207e, each of which is configured to host a respective hypervisor of hypervisors 208a-208e. Each of the hypervisors 208a-208e is configured to manage one or more VMs, such as by instantiating, or starting, VMs, shutting down VMs; [0040] a number and type of processors within the virtual SAN cluster 252).
Grehan fails to teach to transmit a notification to a control device upon completion of shutdown of all the plurality of virtual machines.
However, Yamaguchi teaches to transmit a notification to a control device upon completion of shutdown of all the plurality of virtual machines ([0109] The power-off completion message indicates that the power-off of, of course, this power-off target physical machine 10, and all the virtual machines 20 related to the physical machine 10, based on the power-off order, has been completed; [0109] When the target presentation unit 56 has detected the power-off of the power-off target physical machine 10, the target presentation unit 56 presents a power-off completion message to the client 6 through the GUI unit 31 (step S41); [0026] a client 6 which operates this management server 5).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Grehan with the teachings of Yamaguchi so the client can be notified of the completion of the power off of all virtual machines (see Yamaguchi [0109] When the target presentation unit 56 has detected the power-off of the power-off target physical machine 10, the target presentation unit 56 presents a power-off completion message to the client 6 through the GUI unit 31 (step S41)).
Claims 10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Grehan and Yamaguchi, as applied in claim 9 above, in view of Yoshikawa et al. (JP2008140029A hereinafter Yoshikawa).
The portions of Yoshikawa are pulled from a translation of JP2008140029A.
As per claim 10, Grehan and Yamaguchi teach an information processing system comprising: the information processing device according to claim 9 (shown above).
Additionally, Grehan teaches an uninterruptible power supply device connected to the information processing device (Fig. 2A; [0029] The UPS 206 is coupled to, and is configured to provide uninterrupted power to, the computing device 204, and each of the hosts 207a-207e.), and
the control device configured to control the information processing device (Fig. 2A; [0030] the computing device 204 may control the hypervisors 208a-208e to initiate a safe shutdown procedure in which each of the hypervisors 208a-208e shuts down hosted VMs before access to power from the UPS 206 is lost),
wherein the control device is further configured to shut down the information processing device; to stop power supply from the uninterruptible power supply device to the information processing device ([0030] the computing device 204 may control the hypervisors 208a-208e to initiate a safe shutdown procedure in which each of the hypervisors 208a-208e shuts down hosted VMs before access to power from the UPS 206 is lost; [0023] the corresponding host may safely shut down one or more hosted VMs before the UPS discontinues providing power to the host; [0031] The computing device 254 may be communicatively coupled to each of the UPSs 256a-256f and to each of the hypervisors 257a-257e, and is configured to manage operation of the virtual SAN cluster 252; [0036] initiate a safe shutdown of the virtual SAN cluster 252.).
Grehan and Yamaguchi fail to teach the control device further comprising a network card configured to control the uninterruptible power supply device; wherein the control device is further configured to shut down the information processing device and to stop power supply from the uninterruptible power supply device to the information processing device upon receiving the notification from the virtual software.
However, Yoshikawa teaches the control device further comprising a network card configured to control the uninterruptible power supply device; wherein the control device is further configured to shut down the information processing device and to stop power supply from the uninterruptible power supply device to the information processing device upon receiving the notification from the virtual software ([0083] Next, the UPS control device 4 monitors the state of the UPS2, causes the UPS2 to execute the UPS stopping process based on the monitoring result, and notifies the server 1 connected via the UPS2 of the state information indicating the state of the LAN3, and includes a control unit 71, a monitoring unit 72, and a communication unit 73; [0059] communicating unit 19 including a LAN adapter; [0087] The communication unit 73 is provided with an Internet Protocol (IP) address capable of individually identifying the UPS control device 4 from the other UPS control devices 4, and transmits state information of the LAN3, a shutdown processing command, and the like to the server 1 via the UPS2 according to TCP/IP; [0092] the power supply from the UPS2 to the server 1 and the UPS control device 4 is stopped. That is, the UPS2 UPS stopping process is executed by the control of the UPS control device 4; [0085] In the UPS control device 4, the control unit 71 causes the monitoring unit 72 to monitor the UPS2 according to the control from the server 1, and controls the states of the switch 62; [0054] The trigger for the UPS control device 4 - 1 to cause the UPS2 - 1 to execute the UPS stopping process may be based on the arrival of the date and time that can be arbitrarily set by the user, or may be immediately in response to a predetermined operation of the user, in addition to the trigger based on the monitoring result of the UPS2 - 1 described above. In any of these cases, a shutdown processing instruction is notified to the server 1 prior to the execution of the UPS stop processing; [0068] The UPS monitoring unit 31 manages the UPS control devices 4-1 to 4-i connected via the communication unit 19 and the LAN3 by IP addresses assigned to the UPS control devices 4-1 to4-i, causes the UPS control devices 4-1 to 4-i to monitor the UPS2 corresponding to each of the UPS control devices 4-1 to 4-i as needed, notifies the UPS monitoring unit 31 of state information of the UPS2 (whether or not the UPS2 is operating and whether or not an abnormality has occurred) which is a monitoring result; [0112] The user can set not only the setting related to the server 1 but also the setting related to the UPS control device 4 and the UPS2 on the setting screen 100 by using the inputting unit 16 and the outputting unit 17 of the server 1; [0059] The input/output interface 15 is connected to an inputting unit 16 including inputting devices such as a keyboard and a mouse by which a user inputs an operation command).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Grehan and Yamaguchi with the teachings of Yoshikawa to reduce the load on a server (see Yoshikawa [0107] As described above, since the UPS2 stopping process is controlled by the UPS control device 4, the resources of the server 1 are not used for this control. Therefore, the load on the server can be reduced as compared with the conventional case in which the server directly controls the UPS stop processing.).
As per claim 14, Grehan, Yamaguchi, and Yoshikawa teach the information processing system according to claim 10. Grehan teaches wherein the information processing device further comprises management software as software to be executed by the control unit ([0031] The virtual SAN cluster 202 includes hosts 257a-257e, each of which executes a respective hypervisor of hypervisors 258a-258e. Each of the hypervisors 258a-258e is configured to manage one or more VMs; [0028] The virtual SAN cluster 202 includes hosts 207a-207e, each of which is configured to host a respective hypervisor of hypervisors 208a-208e. Each of the hypervisors 208a-208e is configured to manage one or more VMs, such as by instantiating, or starting, VMs, shutting down VMs, and re-instantiating, or re-starting, VMs which have been previously shut down. The computing device 204 is configured to manage operation of the virtual SAN cluster 202;), the virtual software is configured, when the control unit executes the program to perform the operations as the hypervisor, the virtual software, and the plurality of virtual machines, to execute shutdown of the plurality of virtual machines via the management software (Fig. 3; [0013] In one embodiment, the instructions are further configured to instruct the at least one processor to shut down, in response to determining that the number of critical hosts exceeds the fault tolerance level, VMs hosted by each host of the plurality of hosts; [0028] The block diagram 200 includes a virtual SAN cluster 202, a computing device 204, and a UPS 206. The virtual SAN cluster 202 includes hosts 207a-207e, each of which is configured to host a respective hypervisor of hypervisors 208a-208e. Each of the hypervisors 208a-208e is configured to manage one or more VMs, such as by instantiating, or starting, VMs, shutting down VMs; [0040] a number and type of processors within the virtual SAN cluster 252).
Additionally, Yamaguchi teaches to transmit the notification to the control device upon completion of shutdown of all the plurality of virtual machines ([0109] The power-off completion message indicates that the power-off of, of course, this power-off target physical machine 10, and all the virtual machines 20 related to the physical machine 10, based on the power-off order, has been completed; [0109] When the target presentation unit 56 has detected the power-off of the power-off target physical machine 10, the target presentation unit 56 presents a power-off completion message to the client 6 through the GUI unit 31 (step S41); [0026] a client 6 which operates this management server 5).
Claim 11, 13, 15, 21, 23, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Grehan, Yamaguchi, and Yoshikawa, as applied to claim 10 above, in view of Schneider Electric (User Guide PowerChute Network Shutdown v4.2 VMware hereinafter Schneider).
As per claim 11, Grehan, Yamaguchi, and Yoshikawa teach the information processing system according to claim 10.
Grehan, Yamaguchi, and Yoshikawa fail to teach wherein the control device is configured to decouple a virtual storage constituted by a plurality of physical storage devices incorporated in, connected to, or shared by the information processing device before stopping power supply from the uninterruptible power supply device to the information processing device upon receiving the notification.
However, Schneider teaches wherein the control device is configured to decouple a virtual storage constituted by a plurality of physical storage devices incorporated in, connected to, or shared by the information processing device before stopping power supply from the uninterruptible power supply device to the information processing device upon receiving the notification (page 50 lines 4-5 When PowerChute has finished shutting down VMs and vApps the Alarm status will change to “Alert” as the VMware hosts are commanded to shut down; page 49 lines 1-5 PowerChute vCenter Server Alarms Enabling either of the vSphere plug-in options also creates a custom PowerChute vCenter Server Alarm. In the vSphere desktop client plug-in, alarms can be configured to carry out actions using the Actions tab in the Alarm Settings dialog. For example you can configure an action to send a notification e-mail to an administrator when the alarm is triggered; page 83 lines 3-7 PowerChute is installed on a physical machine outside the cluster, configured for a Single/Redundant UPS configuration with several VMware Hosts in a HA cluster. The option to Turn off the UPS is enabled on the Shutdown Settings page. No shutdown command file is configured. VM shutdown and vApp shutdown have been enabled with 120 second delay configured for each. When a critical UPS event, such as On Battery occurs, the following sequence is triggered; page 83 figure
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page 83 lines 12-14 VMware Hosts enter Maintenance mode if all VMs are powered off, otherwise the Maintenance mode task is cancelled. PowerChute issues commands to shut down the VMware hosts; page 98 line 2 two VMware hosts, a vCenter Server and a storage array; page 84 line 2 The UPS will then turn off after the user-configurable Shutdown Delay time has elapsed; page 20 line 2 The VMware hosts are powered separately by one or more UPS(s); VMware hosts contain virtual storage and they are shutdown, so virtual storage would be decoupled.).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Grehan, Yamaguchi, and Yoshikawa with the teachings of Schneider to gracefully shutdown an uninterruptible power supply (see Schneider page 110 line 14 PowerChute has sent a graceful shutdown command to the UPS).
As per claim 13, Grehan, Yamaguchi, and Yoshikawa teach the information processing system according to claim 10.
Grehan, Yamaguchi, and Yoshikawa fail to teach wherein the control device is configured to execute shutdown of the virtual software or the virtual software is configured to execute shutdown of itself before stopping power supply from the uninterruptible power supply device to the information processing device upon receiving the notification.
However, Schneider teaches wherein the control device is configured to execute shutdown of the virtual software or the virtual software is configured to execute shutdown of itself before stopping power supply from the uninterruptible power supply device to the information processing device upon receiving the notification (page 50 lines 4-5 When PowerChute has finished shutting down VMs and vApps the Alarm status will change to “Alert” as the VMware hosts are commanded to shut down; page 49 PowerChute vCenter Server Alarms Enabling either of the vSphere plug-in options also creates a custom PowerChute vCenter Server Alarm. In the vSphere desktop client plug-in, alarms can be configured to carry out actions using the Actions tab in the Alarm Settings dialog. For example you can configure an action to send a notification e-mail to an administrator when the alarm is triggered; page 83 lines 3-7 PowerChute is installed on a physical machine outside the cluster, configured for a Single/Redundant UPS configuration with several VMware Hosts in a HA cluster. The option to Turn off the UPS is enabled on the Shutdown Settings page. No shutdown command file is configured. VM shutdown and vApp shutdown have been enabled with 120 second delay configured for each. When a critical UPS event, such as On Battery occurs, the following sequence is triggered; page 83 figure
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page 83 lines 12-14 VMware Hosts enter Maintenance mode if all VMs are powered off, otherwise the Maintenance mode task is cancelled. PowerChute issues commands to shut down the VMware hosts… the operating system on the physical machine running PowerChute starts to shut down; page 84 line 2 The UPS will then turn off after the user-configurable Shutdown Delay time has elapsed;).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Grehan, Yamaguchi, and Yoshikawa with the teachings of Schneider to gracefully shutdown an uninterruptible power supply (see Schneider page 110 line 14 PowerChute has sent a graceful shutdown command to the UPS).
As per claim 15, Grehan, Yamaguchi, and Yoshikawa teach the information processing system according to claim 14.
Grehan, Yamaguchi, and Yoshikawa fail to teach wherein the control device is configured to shut down the management software before stopping power supply from the uninterruptible power supply device to the information processing device upon receiving the notification.
However, Schneider teaches wherein the control device is configured to shut down the management software before stopping power supply from the uninterruptible power supply device to the information processing device upon receiving the notification (page 50 lines 4-5 When PowerChute has finished shutting down VMs and vApps the Alarm status will change to “Alert” as the VMware hosts are commanded to shut down; page 49 lines 1-5 PowerChute vCenter Server Alarms Enabling either of the vSphere plug-in options also creates a custom PowerChute vCenter Server Alarm. In the vSphere desktop client plug-in, alarms can be configured to carry out actions using the Actions tab in the Alarm Settings dialog. For example you can configure an action to send a notification e-mail to an administrator when the alarm is triggered; page 83 lines 3-7 PowerChute is installed on a physical machine outside the cluster, configured for a Single/Redundant UPS configuration with several VMware Hosts in a HA cluster. The option to Turn off the UPS is enabled on the Shutdown Settings page. No shutdown command file is configured. VM shutdown and vApp shutdown have been enabled with 120 second delay configured for each. When a critical UPS event, such as On Battery occurs, the following sequence is triggered; page 83 figure
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page 83 lines 12-14 VMware Hosts enter Maintenance mode if all VMs are powered off, otherwise the Maintenance mode task is cancelled. PowerChute issues commands to shut down the VMware hosts… the operating system on the physical machine running PowerChute starts to shut down; page 84 line 2 The UPS will then turn off after the user-configurable Shutdown Delay time has elapsed;).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Grehan, Yamaguchi, and Yoshikawa with the teachings of Schneider to gracefully shutdown an uninterruptible power supply (page 110 line 14 PowerChute has sent a graceful shutdown command to the UPS).
As per claim 21, Grehan, Yamaguchi ,Yoshikawa, and Schneider teach the information processing system according to claim 11. Schneider teaches wherein the control device is configured to execute shutdown of the virtual software or the virtual software is configured to execute shutdown of itself before stopping power supply from the uninterruptible power supply device to the information processing device upon receiving the notification (page 50 lines 4-5 When PowerChute has finished shutting down VMs and vApps the Alarm status will change to “Alert” as the VMware hosts are commanded to shut down; page 49 PowerChute vCenter Server Alarms Enabling either of the vSphere plug-in options also creates a custom PowerChute vCenter Server Alarm. In the vSphere desktop client plug-in, alarms can be configured to carry out actions using the Actions tab in the Alarm Settings dialog. For example you can configure an action to send a notification e-mail to an administrator when the alarm is triggered; page 83 lines 3-7 PowerChute is installed on a physical machine outside the cluster, configured for a Single/Redundant UPS configuration with several VMware Hosts in a HA cluster. The option to Turn off the UPS is enabled on the Shutdown Settings page. No shutdown command file is configured. VM shutdown and vApp shutdown have been enabled with 120 second delay configured for each. When a critical UPS event, such as On Battery occurs, the following sequence is triggered; page 83 figure
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page 83 lines 12-14 VMware Hosts enter Maintenance mode if all VMs are powered off, otherwise the Maintenance mode task is cancelled. PowerChute issues commands to shut down the VMware hosts… the operating system on the physical machine running PowerChute starts to shut down; page 84 line 2 The UPS will then turn off after the user-configurable Shutdown Delay time has elapsed;).
As per claim 23, Grehan, Yamaguchi, Yoshikawa, and Schneider teach the information processing system according to claim 11. Grehan teaches wherein the information processing device further comprises a management software as software to be executed by the control unit ([0031] The virtual SAN cluster 202 includes hosts 257a-257e, each of which executes a respective hypervisor of hypervisors 258a-258e. Each of the hypervisors 258a-258e is configured to manage one or more VMs.), the virtual software is configured, when the hypervisor, the virtual software, and the plurality of virtual machines are executed by the control unit, to execute shutdown of the plurality of virtual machines via the management software (Fig. 3; [0013] In one embodiment, the instructions are further configured to instruct the at least one processor to shut down, in response to determining that the number of critical hosts exceeds the fault tolerance level, VMs hosted by each host of the plurality of hosts; [0028] The block diagram 200 includes a virtual SAN cluster 202, a computing device 204, and a UPS 206. The virtual SAN cluster 202 includes hosts 207a-207e, each of which is configured to host a respective hypervisor of hypervisors 208a-208e. Each of the hypervisors 208a-208e is configured to manage one or more VMs, such as by instantiating, or starting, VMs, shutting down VMs; [0040] a number and type of processors within the virtual SAN cluster 252).
Additionally, Yamaguchi teaches to transmit a notification to the control device upon completion of shutdown of all the plurality of virtual machines ([0109] The power-off completion message indicates that the power-off of, of course, this power-off target physical machine 10, and all the virtual machines 20 related to the physical machine 10, based on the power-off order, has been completed; [0109] When the target presentation unit 56 has detected the power-off of the power-off target physical machine 10, the target presentation unit 56 presents a power-off completion message to the client 6 through the GUI unit 31 (step S41); [0026] a client 6 which operates this management server 5).
As per claim 25, Grehan, Yamaguchi, Yoshikawa, and Schneider teach the information processing system according to claim 13. Grehan teaches wherein the information processing device further comprises a management software as software to be executed by the control unit ([0031] The virtual SAN cluster 202 includes hosts 257a-257e, each of which executes a respective hypervisor of hypervisors 258a-258e. Each of the hypervisors 258a-258e is configured to manage one or more VMs.), the virtual software is configured, when the hypervisor, the virtual software, and the plurality of virtual machines are executed by the control unit, to execute shutdown of the plurality of virtual machines via the management software ([0030] the computing device 204 may control the hypervisors 208a-208e to initiate a safe shutdown procedure in which each of the hypervisors 208a-208e shuts down hosted VMs; [0037] the computing device 254 may execute a software application configured to receive information from each of the UPSs 256b-256f and each of the hosts 257a-257e, process the received information, and determine and execute a VM migration or shutdown sequence based on the result of the processing; [0013] In one embodiment, the instructions are further configured to instruct the at least one processor to shut down, in response to determining that the number of critical hosts exceeds the fault tolerance level, VMs hosted by each host of the plurality of hosts; [0040] a number and type of processors within the virtual SAN cluster 252).
Additionally, Yamaguchi teaches to transmit a notification to the control device upon completion of shutdown of all the plurality of virtual machines ([0109] The power-off completion message indicates that the power-off of, of course, this power-off target physical machine 10, and all the virtual machines 20 related to the physical machine 10, based on the power-off order, has been completed; [0109] When the target presentation unit 56 has detected the power-off of the power-off target physical machine 10, the target presentation unit 56 presents a power-off completion message to the client 6 through the GUI unit 31 (step S41); [0026] a client 6 which operates this management server 5).
Claims 12, 22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Grehan, Yamaguchi, Yoshikawa, and Schneider, as applied to claim 11 above, in view of Lowell et al. (US 20050091354 A1 hereinafter Lowell).
As per claim 12, Grehan, Yamaguchi, Yoshikawa, and Schneider teach the information processing system according to claim 11. Schneider teaches wherein the control device is configured to shut down the hypervisor before stopping power supply from the uninterruptible power supply device to the information processing device upon receiving the notification (page 50 lines 4-5 When PowerChute has finished shutting down VMs and vApps the Alarm status will change to “Alert” as the VMware hosts are commanded to shut down; page 49 PowerChute vCenter Server Alarms Enabling either of the vSphere plug-in options also creates a custom PowerChute vCenter Server Alarm. In the vSphere desktop client plug-in, alarms can be configured to carry out actions using the Actions tab in the Alarm Settings dialog. For example you can configure an action to send a notification e-mail to an administrator when the alarm is triggered; page 83 lines 3-7 PowerChute is installed on a physical machine outside the cluster, configured for a Single/Redundant UPS configuration with several VMware Hosts in a HA cluster. The option to Turn off the UPS is enabled on the Shutdown Settings page. No shutdown command file is configured. VM shutdown and vApp shutdown have been enabled with 120 second delay configured for each. When a critical UPS event, such as On Battery occurs, the following sequence is triggered; page 83 figure
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page 83 lines 12-14 VMware Hosts enter Maintenance mode if all VMs are powered off, otherwise the Maintenance mode task is cancelled. PowerChute issues commands to shut down the VMware hosts; page 84 line 2 The UPS will then turn off after the user-configurable Shutdown Delay time has elapsed; pg. 18 lines 12-13 ESXi hosts are shut down; ESXi functions as a hypervisor).
Grehan, Yamaguchi, Yoshikawa, and Schneider fail to teach to shut down the hypervisor after decoupling the virtual storage.
However, Lowell teaches to shut down the hypervisor after decoupling the virtual storage (Fig. 7; [0054] A third example is illustrated in FIG. 7. A VMM is run on a node (710), and maintenance is performed (712). After the maintenance has been performed, the VMM is devirtualized (714). The devirtualization may be partial or full. Full devirtualization includes devirtualizing the CPU, memory and I/O of the node…If the VMM is fully devirtualized, it may be unloaded from memory (716); [0035] If the VMM 312 is designed to use virtual memory, each in-use page can be backed from the region to be moved with a new page of physical memory (by making simple changes to the page table of the VMM), and copy the old pages to the new.).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Grehan, Yamaguchi, Yoshikawa, and Schneider with the teachings of Lowell to perform non-invasive maintenance on legacy systems (see Lowell [0055] The maintenance is non-invasive because it does not require re-engineering of the operating system and hardware. The maintenance can be performed on legacy systems that don't support hot swapping and other forms of on-line maintenance.).
As per claim 22, Grehan, Yamaguchi, Yoshikawa, Schneider, and Lowell teach the information processing system according to claim 12. Schneider teaches wherein the control device is configured to execute shutdown of the virtual software or the virtual software is configured to execute shutdown of itself before stopping power supply from the uninterruptible power supply device to the information processing device upon receiving the notification (page 50 lines 4-5 When PowerChute has finished shutting down VMs and vApps the Alarm status will change to “Alert” as the VMware hosts are commanded to shut down; page 49 PowerChute vCenter Server Alarms Enabling either of the vSphere plug-in options also creates a custom PowerChute vCenter Server Alarm. In the vSphere desktop client plug-in, alarms can be configured to carry out actions using the Actions tab in the Alarm Settings dialog. For example you can configure an action to send a notification e-mail to an administrator when the alarm is triggered; page 83 lines 3-7 PowerChute is installed on a physical machine outside the cluster, configured for a Single/Redundant UPS configuration with several VMware Hosts in a HA cluster. The option to Turn off the UPS is enabled on the Shutdown Settings page. No shutdown command file is configured. VM shutdown and vApp shutdown have been enabled with 120 second delay configured for each. When a critical UPS event, such as On Battery occurs, the following sequence is triggered; page 83 figure
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page 83 lines 12-14 VMware Hosts enter Maintenance mode if all VMs are powered off, otherwise the Maintenance mode task is cancelled. PowerChute issues commands to shut down the VMware hosts… the operating system on the physical machine running PowerChute starts to shut down; page 84 line 2 The UPS will then turn off after the user-configurable Shutdown Delay time has elapsed;).
As per claim 24, Grehan, Yamaguchi, Yoshikawa, Schneider, and Lowell teach the information processing system according to claim 12. Grehan teaches wherein the information processing device further comprises a management software as software to be executed by the control unit ([0031] The virtual SAN cluster 202 includes hosts 257a-257e, each of which executes a respective hypervisor of hypervisors 258a-258e. Each of the hypervisors 258a-258e is configured to manage one or more VMs.), the virtual software is configured, when the hypervisor, the virtual software, and the plurality of virtual machines are executed by the control unit, to execute shutdown of the plurality of virtual machines via the management software ([0030] the computing device 204 may control the hypervisors 208a-208e to initiate a safe shutdown procedure in which each of the hypervisors 208a-208e shuts down hosted VMs; [0037] the computing device 254 may execute a software application configured to receive information from each of the UPSs 256b-256f and each of the hosts 257a-257e, process the received information, and determine and execute a VM migration or shutdown sequence based on the result of the processing; [0013] In one embodiment, the instructions are further configured to instruct the at least one processor to shut down, in response to determining that the number of critical hosts exceeds the fault tolerance level, VMs hosted by each host of the plurality of hosts; [0040] a number and type of processors within the virtual SAN cluster 252).
Additionally, Yamaguchi teaches to transmit a notification to a control device upon completion of shutdown of all the plurality of virtual machines ([0109] The power-off completion message indicates that the power-off of, of course, this power-off target physical machine 10, and all the virtual machines 20 related to the physical machine 10, based on the power-off order, has been completed; [0109] When the target presentation unit 56 has detected the power-off of the power-off target physical machine 10, the target presentation unit 56 presents a power-off completion message to the client 6 through the GUI unit 31 (step S41); [0026] a client 6 which operates this management server 5).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa in view of Schneider.
As per claim 16, Yoshikawa teaches a control device comprising: a network card configured to communicate with the uninterruptible power supply device and an information processing device ([0087] The communication unit 73 is provided with an Internet Protocol (IP) address capable of individually identifying the UPS control device 4 from the other UPS control devices 4, and transmits state information of the LAN3, a shutdown processing command, and the like to the server 1 via the UPS2 according to TCP/IP; [0059] a communicating unit 19 including a LAN adapter; [0083] Next, the UPS control device 4 monitors the state of the UPS2, causes the UPS2 to execute the UPS stopping process based on the monitoring result, and notifies the server 1 connected via the UPS2 of the state information indicating the state of the LAN3, and includes a control unit 71, a monitoring unit 72, and a communication unit 73.),
wherein the network card is configured to shut down the information processing device and to stop power supply from the uninterruptible power supply device to the information processing device upon receiving a notification, from the information processing device ([0087] The communication unit 73 is provided with an Internet Protocol (IP) address capable of individually identifying the UPS control device 4 from the other UPS control devices 4, and transmits state information of the LAN3, a shutdown processing command, and the like to the server 1 via the UPS2 according to TCP/IP; [0059] a communicating unit 19 including a LAN adapter; [0083] Next, the UPS control device 4 monitors the state of the UPS2, causes the UPS2 to execute the UPS stopping process based on the monitoring result, and notifies the server 1 connected via the UPS2 of the state information indicating the state of the LAN3, and includes a control unit 71, a monitoring unit 72, and a communication unit 73; [0085] In the UPS control device 4, the control unit 71 causes the monitoring unit 72 to monitor the UPS2 according to the control from the server 1, and controls the states of the switch 62, the switch 65, and the switch 69 of the UPS2 based on the state information of the UPS2 supplied from the monitoring unit 72; [0068] the UPS monitoring unit 31 outputs the received shutdown processing instruction to the shutdown control unit 32; [0070] The shutdown control unit 32 controls the shutdown processing of the server 1 itself based on the shutdown processing instruction from the UPS control devices 4 - 1 to 4 - I notified from the UPS monitoring unit 31; [0097] the UPS monitoring unit 31 of the server 1; [0112] The user can set not only the setting related to the server 1 but also the setting related to the UPS control device 4 and the UPS2 on the setting screen 100 by using the inputting unit 16 and the outputting unit 17 of the server 1; [0059] The input/output interface 15 is connected to an inputting unit 16 including inputting devices such as a keyboard and a mouse by which a user inputs an operation command; [0054] The trigger for the UPS control device 4 - 1 to cause the UPS2 - 1 to execute the UPS stopping process may be based on the arrival of the date and time that can be arbitrarily set by the user, or may be immediately in response to a predetermined operation of the user, in addition to the trigger based on the monitoring result of the UPS2 - 1 described above. In any of these cases, a shutdown processing instruction is notified to the server 1 prior to the execution of the UPS stop processing;).
Yoshikawa fails to teach a network card configured to be installed in a slot of an uninterruptible power supply device, to shut down the information processing device and to stop power supply from the uninterruptible power supply device upon receiving a notification indicating that all virtual machines executed by a control unit of the information processing device have stopped operation.
However, Schneider teaches a network card configured to be installed in a slot of an uninterruptible power supply device (page 4 top figure
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; page 103 line 5 the NMC is firmly inserted in its slot),
to shut down the information processing device and to stop power supply from the uninterruptible power supply device upon receiving a notification indicating that all virtual machines executed by a control unit of the information processing device have stopped operation (page 50 lines 4-5 When PowerChute has finished shutting down VMs and vApps the Alarm status will change to “Alert” as the VMware hosts are commanded to shut down; page 49 lines 1-5 PowerChute vCenter Server Alarms Enabling either of the vSphere plug-in options also creates a custom PowerChute vCenter Server Alarm. In the vSphere desktop client plug-in, alarms can be configured to carry out actions using the Actions tab in the Alarm Settings dialog. For example you can configure an action to send a notification e-mail to an administrator when the alarm is triggered; page 83 lines 3-7 PowerChute is installed on a physical machine outside the cluster, configured for a Single/Redundant UPS configuration with several VMware Hosts in a HA cluster. The option to Turn off the UPS is enabled on the Shutdown Settings page. No shutdown command file is configured. VM shutdown and vApp shutdown have been enabled with 120 second delay configured for each. When a critical UPS event, such as On Battery occurs, the following sequence is triggered; page 83 figure
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page 83 lines 12-14 VMware Hosts enter Maintenance mode if all VMs are powered off, otherwise the Maintenance mode task is cancelled. PowerChute issues commands to shut down the VMware hosts; page 84 line 2 The UPS will then turn off after the user-configurable Shutdown Delay time has elapsed.).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Yoshikawa with the teachings of Schneider to gracefully shutdown an uninterruptible power supply (see Schneider page 110 line 14 PowerChute has sent a graceful shutdown command to the UPS).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa and Schneider, as applied to claim 16 above, in view of Schlansker et al. (US 8683000 B1 hereinafter Schlansker).
As per claim 17, Yoshikawa and Schneider teach the control device according to claim 16. Schneider teaches decouple a virtual storage constituted by a plurality of physical storage devices incorporated in, connected to, or shared by the information processing device before stopping power supply from the uninterruptible power supply device to the information processing device upon receiving the notification (page 50 lines 4-5 When PowerChute has finished shutting down VMs and vApps the Alarm status will change to “Alert” as the VMware hosts are commanded to shut down; page 49 PowerChute vCenter Server Alarms Enabling either of the vSphere plug-in options also creates a custom PowerChute vCenter Server Alarm. In the vSphere desktop client plug-in, alarms can be configured to carry out actions using the Actions tab in the Alarm Settings dialog. For example you can configure an action to send a notification e-mail to an administrator when the alarm is triggered; page 83 lines 3-7 PowerChute is installed on a physical machine outside the cluster, configured for a Single/Redundant UPS configuration with several VMware Hosts in a HA cluster. The option to Turn off the UPS is enabled on the Shutdown Settings page. No shutdown command file is configured. VM shutdown and vApp shutdown have been enabled with 120 second delay configured for each. When a critical UPS event, such as On Battery occurs, the following sequence is triggered; page 83 figure
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page 83 lines 12-14 VMware Hosts enter Maintenance mode if all VMs are powered off, otherwise the Maintenance mode task is cancelled. PowerChute issues commands to shut down the VMware hosts; page 98 line 2 two VMware hosts, a vCenter Server and a storage array; page 84 line 2 The UPS will then turn off after the user-configurable Shutdown Delay time has elapsed; VMware hosts contain virtual storage and they are shutdown, so virtual storage would be decoupled.).
Yoshikawa and Schneider fail to teach wherein the network card is configured to decouple a virtual storage.
However, Schlansker teaches wherein the network card is configured to decouple a virtual storage (Col. 10 lines 19-20 FCNIC process 808 performs the de-allocation of the memory 114; Col. 4 lines 44-45 The flow-control 112 manages the utilization of the memory 114 in the VNIC 110; Col. 4 lines 24-25 a flow-control 112, such as a flow-control network interface controller).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Yoshikawa and Schneider with the teachings of Schlansker to promote efficiency (see Schlansker Col. 11 lines 57-59 the virtual network interface system with memory management improves memory credit management to combine aspects of time efficiency and space efficiency.).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa and Schneider, as applied to claim 16 above, in view of Wang et al. (US 20190245949 A1 hereinafter Wang) and further in view of Lowell.
As per claim 18, Yoshikawa and Schneider teach the control device according to claim 16. Schneider teaches to shut down a hypervisor before stopping power supply from the uninterruptible power supply device to the information processing device upon receiving the notification (page 50 lines 4-5 When PowerChute has finished shutting down VMs and vApps the Alarm status will change to “Alert” as the VMware hosts are commanded to shut down; page 49 PowerChute vCenter Server Alarms Enabling either of the vSphere plug-in options also creates a custom PowerChute vCenter Server Alarm. In the vSphere desktop client plug-in, alarms can be configured to carry out actions using the Actions tab in the Alarm Settings dialog. For example you can configure an action to send a notification e-mail to an administrator when the alarm is triggered; page 83 lines 3-7 PowerChute is installed on a physical machine outside the cluster, configured for a Single/Redundant UPS configuration with several VMware Hosts in a HA cluster. The option to Turn off the UPS is enabled on the Shutdown Settings page. No shutdown command file is configured. VM shutdown and vApp shutdown have been enabled with 120 second delay configured for each. When a critical UPS event, such as On Battery occurs, the following sequence is triggered; page 83 figure
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page 83 lines 12-14 VMware Hosts enter Maintenance mode if all VMs are powered off, otherwise the Maintenance mode task is cancelled. PowerChute issues commands to shut down the VMware hosts; page 98 line 2 two VMware hosts, a vCenter Server and a storage array; page 84 line 2 The UPS will then turn off after the user-configurable Shutdown Delay time has elapsed; ESXi functions as a hypervisor).
Yoshikawa and Schneider fail to teach wherein the network card is configured to shut down a hypervisor after decoupling a virtual storage.
However, Wang teaches wherein the network card is configured to shut down a hypervisor ([0044] Once the VM is powered OFF and its VNIC deactivated, controller 150 resets Hypervisor_ID to NULL; [0058] in response to receiving a configuration request (Req_Type=DELETE, VNIC_Name=VNIC2, Hypervisor_ID=Hypervisor-A) to deactivate VNIC2 142 on hypervisor-A 114A, controller 150 updates entry 422 in VNIC table 152 to reset Hypervisor_ID=NULL.).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Yoshikawa and Schneider with the teachings of Wang to reduce the burden on a host (see Wang [0022] This way, the complexity of network virtualization configuration and packet handling may be reduced, as well as the processing burden on hosts 110A-C.).
Yoshikawa, Schneider, and Wang fail to teach to shut down a hypervisor after decoupling a virtual storage.
However, Lowell teaches to shut down a hypervisor after decoupling a virtual storage (Fig. 7; [0054] A third example is illustrated in FIG. 7. A VMM is run on a node (710), and maintenance is performed (712). After the maintenance has been performed, the VMM is devirtualized (714). The devirtualization may be partial or full. Full devirtualization includes devirtualizing the CPU, memory and I/O of the node…If the VMM is fully devirtualized, it may be unloaded from memory (716); [0035] If the VMM 312 is designed to use virtual memory, each in-use page can be backed from the region to be moved with a new page of physical memory (by making simple changes to the page table of the VMM), and copy the old pages to the new.).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Yoshikawa, Schneider, and Wang with the teachings of Lowell to perform non-invasive maintenance on legacy systems (see Lowell [0055] The maintenance is non-invasive because it does not require re-engineering of the operating system and hardware. The maintenance can be performed on legacy systems that don't support hot swapping and other forms of on-line maintenance.).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Grehan in view of Schneider.
As per claim 19, Grehan teaches a management method to be executed on at least one information processing device with a hypervisor and a plurality of virtual machines, the management method causing the at least one information processing device to carry out, the method comprising ([0028] The virtual SAN cluster 202 includes hosts 207a-207e, each of which is configured to host a respective hypervisor of hypervisors 208a-208e. Each of the hypervisors 208a-208e is configured to manage one or more VMs):
executing shutdown of the plurality of virtual machines that operate on the hypervisor ([0028] The virtual SAN cluster 202 includes hosts 207a-207e, each of which is configured to host a respective hypervisor of hypervisors 208a-208e. Each of the hypervisors 208a-208e is configured to manage one or more VMs, such as by instantiating, or starting, VMs, shutting down VMs).
Grehan fails to teach transmitting a notification to a control device upon completion of shutdown of all the plurality of virtual machines, which causes the control device to stop power supply from an uninterruptible power supply device to the information processing device, so as to shut down the information processing device.
However, Schneider teaches transmitting a notification to a control device upon completion of shutdown of all the plurality of virtual machines, which causes the control device to stop power supply from an uninterruptible power supply device to the information processing device, so as to shut down the information processing device (page 50 lines 4-5 When PowerChute has finished shutting down VMs and vApps the Alarm status will change to “Alert” as the VMware hosts are commanded to shut down; page 49 lines 1-5 PowerChute vCenter Server Alarms Enabling either of the vSphere plug-in options also creates a custom PowerChute vCenter Server Alarm. In the vSphere desktop client plug-in, alarms can be configured to carry out actions using the Actions tab in the Alarm Settings dialog. For example you can configure an action to send a notification e-mail to an administrator when the alarm is triggered; page 83 lines 3-7 PowerChute is installed on a physical machine outside the cluster, configured for a Single/Redundant UPS configuration with several VMware Hosts in a HA cluster. The option to Turn off the UPS is enabled on the Shutdown Settings page. No shutdown command file is configured. VM shutdown and vApp shutdown have been enabled with 120 second delay configured for each. When a critical UPS event, such as On Battery occurs, the following sequence is triggered; page 83 figure
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page 83 lines 12-14 VMware Hosts enter Maintenance mode if all VMs are powered off, otherwise the Maintenance mode task is cancelled. PowerChute issues commands to shut down the VMware hosts; page 84 line 2 The UPS will then turn off after the user-configurable Shutdown Delay time has elapsed; page 20 line 2 The VMware hosts are powered separately by one or more UPS(s)).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Grehan with the teachings of Schneider to gracefully shutdown the host (see Schneider page 75 Perform a graceful shutdown of the host).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Grehan in view of Yamaguchi, and further in view of Yoshikawa.
As per claim 20, Grehan teaches a non-transitory computer-readable storage medium storing a computer program causing an information processing system comprising (claim 19 A non-transitory computer-readable medium storing sequences of computer-executable instructions for managing a virtual storage area network cluster):
an information processing device comprising a hypervisor, virtual software and a plurality of virtual machines as software to be executed by a control unit of the information processing device (Fig. 2A; [0013] In one embodiment, the instructions are further configured to instruct the at least one processor to shut down, in response to determining that the number of critical hosts exceeds the fault tolerance level, VMs hosted by each host of the plurality of hosts; [0028] The block diagram 200 includes a virtual SAN cluster 202, a computing device 204, and a UPS 206. The virtual SAN cluster 202 includes hosts 207a-207e, each of which is configured to host a respective hypervisor of hypervisors 208a-208e. Each of the hypervisors 208a-208e is configured to manage one or more VMs, such as by instantiating, or starting, VMs, shutting down VMs; [0040] a number and type of processors within the virtual SAN cluster 252;),
the virtual software configured to execute shutdown of the plurality of virtual machines ([0013] In one embodiment, the instructions are further configured to instruct the at least one processor to shut down, in response to determining that the number of critical hosts exceeds the fault tolerance level, VMs hosted by each host of the plurality of hosts;),
an uninterruptible power supply device connected to the information processing device (Fig. 2A; [0029] The UPS 206 is coupled to, and is configured to provide uninterrupted power to, the computing device 204, and each of the hosts 207a-207e), and
the control device configured to control the information processing device ([0031] The computing device 254 may be communicatively coupled to each of the UPSs 256a-256f and to each of the hypervisors 257a-257e, and is configured to manage operation of the virtual SAN cluster 252; [0030] the computing device 204 may control the hypervisors 208a-208e to initiate a safe shutdown procedure in which each of the hypervisors 208a-208e shuts down hosted VMs before access to power from the UPS 206 is lost;),
the control device configured to shut down the information processing device; to stop power supply from the uninterruptible power supply device to the information processing device ([0030] the computing device 204 may control the hypervisors 208a-208e to initiate a safe shutdown procedure in which each of the hypervisors 208a-208e shuts down hosted VMs before access to power from the UPS 206 is lost; [0023] the corresponding host may safely shut down one or more hosted VMs before the UPS discontinues providing power to the host; [0031] The computing device 254 may be communicatively coupled to each of the UPSs 256a-256f and to each of the hypervisors 257a-257e, and is configured to manage operation of the virtual SAN cluster 252; [0036] initiate a safe shutdown of the virtual SAN cluster 252), to perform operations comprising: executing shutdown of the plurality of virtual machines that operate in the hypervisor ([0045] hypervisors 258a-258e to initiate a shutdown of all VMs hosted by the hypervisors 258a-258e.); and to stop power supply from the uninterruptible power supply device to the information processing device, so as to shut down the information processing device ([0023] the corresponding host may safely shut down one or more hosted VMs before the UPS discontinues providing power to the host; [0036] initiate a safe shutdown of the virtual SAN cluster 252).
Grehan fails to teach to transmit a notification to a control device upon completion of shutdown of all the plurality of virtual machines, and the control device comprising a network card configured to control the information processing device and the uninterruptible power supply device, the control device configured to shut down the information processing device and to stop power supply from the uninterruptible power supply device to the information processing device upon receiving the notification from the virtual software; and transmitting the notification to the control device upon completion of shutdown of all the plurality of virtual machines, which causes the control device to stop power supply from the uninterruptible power supply device to the information processing device, so as to shut down the information processing device.
However, Yamaguchi teaches to transmit a notification to a control device upon completion of shutdown of all the plurality of virtual machines; transmitting the notification to the control device upon completion of shutdown of all the plurality of virtual machines ([0109] The power-off completion message indicates that the power-off of, of course, this power-off target physical machine 10, and all the virtual machines 20 related to the physical machine 10, based on the power-off order, has been completed; [0109] When the target presentation unit 56 has detected the power-off of the power-off target physical machine 10, the target presentation unit 56 presents a power-off completion message to the client 6 through the GUI unit 31 (step S41); [0026] a client 6 which operates this management server 5).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Grehan with the teachings of Yamaguchi so the client can be notified of the completion of powering off all virtual machines (see Yamaguchi [0109] When the target presentation unit 56 has detected the power-off of the power-off target physical machine 10, the target presentation unit 56 presents a power-off completion message to the client 6 through the GUI unit 31 (step S41)).
Grehan and Yamaguchi fail to teach the control device comprising a network card configured to control the information processing device and the uninterruptible power supply device, the control device configured to shut down the information processing device and to stop power supply from the uninterruptible power supply device to the information processing device upon receiving the notification from the virtual software; and transmitting the notification which causes the control device to stop power supply from the uninterruptible power supply device to the information processing device, so as to shut down the information processing device.
However, Yoshikawa teaches the control device comprising a network card configured to control the information processing device and the uninterruptible power supply device; the control device configured to shut down the information processing device and to stop power supply from the uninterruptible power supply device to the information processing device upon receiving the notification from the virtual software; transmitting the notification which causes the control device to stop power supply from the uninterruptible power supply device to the information processing device, so as to shut down the information processing device ([0083] Next, the UPS control device 4 monitors the state of the UPS2, causes the UPS2 to execute the UPS stopping process based on the monitoring result, and notifies the server 1 connected via the UPS2 of the state information indicating the state of the LAN3, and includes a control unit 71, a monitoring unit 72, and a communication unit 73; [0059] communicating unit 19 including a LAN adapter; [0087] The communication unit 73 is provided with an Internet Protocol (IP) address capable of individually identifying the UPS control device 4 from the other UPS control devices 4, and transmits state information of the LAN3, a shutdown processing command, and the like to the server 1 via the UPS2 according to TCP/IP; [0092] the power supply from the UPS2 to the server 1 and the UPS control device 4 is stopped. That is, the UPS2 UPS stopping process is executed by the control of the UPS control device 4; [0085] In the UPS control device 4, the control unit 71 causes the monitoring unit 72 to monitor the UPS2 according to the control from the server 1, and controls the states of the switch 62; [0054] The trigger for the UPS control device 4 - 1 to cause the UPS2 - 1 to execute the UPS stopping process may be based on the arrival of the date and time that can be arbitrarily set by the user, or may be immediately in response to a predetermined operation of the user, in addition to the trigger based on the monitoring result of the UPS2 - 1 described above. In any of these cases, a shutdown processing instruction is notified to the server 1 prior to the execution of the UPS stop processing; [0070] The shutdown control unit 32 controls the shutdown processing of the server 1 itself based on the shutdown processing instruction from the UPS control devices 4 - 1 to 4 - I notified from the UPS monitoring unit 31; [0068] The UPS monitoring unit 31 manages the UPS control devices 4-1 to 4-i connected via the communication unit 19 and the LAN3 by IP addresses assigned to the UPS control devices 4-1 to4-i, causes the UPS control devices 4-1 to 4-i to monitor the UPS2 corresponding to each of the UPS control devices 4-1 to 4-i as needed, notifies the UPS monitoring unit 31 of state information of the UPS2 (whether or not the UPS2 is operating and whether or not an abnormality has occurred) which is a monitoring result; [0112] The user can set not only the setting related to the server 1 but also the setting related to the UPS control device 4 and the UPS2 on the setting screen 100 by using the inputting unit 16 and the outputting unit 17 of the server 1; [0059] The input/output interface 15 is connected to an inputting unit 16 including inputting devices such as a keyboard and a mouse by which a user inputs an operation command;).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Grehan and Yamaguchi with the teachings of Yoshikawa to reduce the load on a server (see Yoshikawa [0107] As described above, since the UPS2 stopping process is controlled by the UPS control device 4, the resources of the server 1 are not used for this control. Therefore, the load on the server can be reduced as compared with the conventional case in which the server directly controls the UPS stop processing.).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa, Schneider, and Schlansker, as applied to claim 17 above, in view of Lowell.
As per claim 26, Yoshikawa, Schneider, and Schlansker teach the control device according to claim 17. Schneider teaches wherein the control device is configured to shut down the hypervisor before stopping power supply from the uninterruptible power supply device to the information processing device upon receiving the notification (page 50 lines 4-5 When PowerChute has finished shutting down VMs and vApps the Alarm status will change to “Alert” as the VMware hosts are commanded to shut down; page 49 lines 1-5 PowerChute vCenter Server Alarms Enabling either of the vSphere plug-in options also creates a custom PowerChute vCenter Server Alarm. In the vSphere desktop client plug-in, alarms can be configured to carry out actions using the Actions tab in the Alarm Settings dialog. For example you can configure an action to send a notification e-mail to an administrator when the alarm is triggered; page 83 lines 3-7 PowerChute is installed on a physical machine outside the cluster, configured for a Single/Redundant UPS configuration with several VMware Hosts in a HA cluster. The option to Turn off the UPS is enabled on the Shutdown Settings page. No shutdown command file is configured. VM shutdown and vApp shutdown have been enabled with 120 second delay configured for each. When a critical UPS event, such as On Battery occurs, the following sequence is triggered; page 83 figure
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page 83 lines 12-14 VMware Hosts enter Maintenance mode if all VMs are powered off, otherwise the Maintenance mode task is cancelled. PowerChute issues commands to shut down the VMware hosts; page 98 line 2 two VMware hosts, a vCenter Server and a storage array; page 84 line 2 The UPS will then turn off after the user-configurable Shutdown Delay time has elapsed; ESXi functions as a hypervisor).
Yoshikawa, Schneider, and Schlansker fail to teach to shut down the hypervisor after decoupling the virtual storage.
However, Lowell teaches to shut down the hypervisor after decoupling the virtual storage (Fig. 7; [0054] A third example is illustrated in FIG. 7. A VMM is run on a node (710), and maintenance is performed (712). After the maintenance has been performed, the VMM is devirtualized (714). The devirtualization may be partial or full. Full devirtualization includes devirtualizing the CPU, memory and I/O of the node…If the VMM is fully devirtualized, it may be unloaded from memory (716); [0035] If the VMM 312 is designed to use virtual memory, each in-use page can be backed from the region to be moved with a new page of physical memory (by making simple changes to the page table of the VMM), and copy the old pages to the new.).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have combined Yoshikawa, Schneider, and Schlansker with the teachings of Lowell to perform non-invasive maintenance on legacy systems (see Lowell [0055] The maintenance is non-invasive because it does not require re-engineering of the operating system and hardware. The maintenance can be performed on legacy systems that don't support hot swapping and other forms of on-line maintenance.).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HSING CHUN LIN whose telephone number is (571)272-8522. The examiner can normally be reached Mon - Fri 9AM-5PM.
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/H.L./Examiner, Art Unit 2195 /Aimee Li/Supervisory Patent Examiner, Art Unit 2195
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