DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 19, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS has been considered by the examiner.
Claim Status
In the March 19, 2024 submission, claims 1-20 were presented for consideration and are pending.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kennedy et al., US Patent No. 11,599,169 (patented March 2023, hereinafter KENNEDY), in view of Li, Raymond, “Introducing EcoQos” (available April 2021, hereinafter LI).
As per claim 1, KENNEDY teaches of an information handling system (IHS) (see abstract: elements of the information handling system), comprising:
a memory device configured to store code (see fig. 1A and 2; col. 6, lines 5-10: HIS contain memory for storing executable code);
a processor configured to execute code (see fig. 2; and col. 4, lines 5-13: IHS uses a processor to execute code) to receive first environmental information for the information handling system (see fig. 3D and 5A; and col. 1, lines 42-61 and col. 2, lines 43-54: system captures thermal environmental parameters for multiple zones associated with IHS);
setting a first application instantiated on the information handling system to an QoS (Quality of Service) level based on the first environmental information (see fig. 1B, 3D and 5A-5C; and col. 1, line 42- col. 2, line 42: system captures environmental and fan speed data relevant to the first and subsequent operational environments).
While KENNEDY teaches of setting and operating fans based on operational environments (see above citations), the reference fails to explicitly teach of using EcoQoS service levels.
Like KENNEDY, LI is directed to IHS operations in line with Qos (Quality of Service) elements. However, LI further teaches of a system which employs the use of EcoQos to optimize application performance in scheduling workloads, whereby minimizing latency in an energy efficient manner (see section “Motivation”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of LI's system of using EcoQos for managing workloads to optimize application scheduling and reduce operational costs, with KENNEDY's system, to minimize energy expenditures and maximize QoS levels by monitoring, and analyzing environmental and workload information and instantiating applications to further control and optimize fan speed according to environmental parameters.
As per claim 2, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim as outlined above, wherein KENNEDY further teaches of the information handling system of claim 1, wherein the processor is further configured to:
receive second environmental information for the information handling system, and set a second application instantiated on the information handling system to service levels based on the second environmental information (see fig. 1B, 3D, 5A and 5B and col. 2, lines 1-42: the system captures and sets operational information according to individual environments, in line with parameters specific to each setting). LI further teaches of utilizing EcoQoS levels to further optimize fan operations (see section “Motivation”: sets EcoQos in line with workloads specific to individual environments).
As per claim 3, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein KENNEDY further teaches of the information handling system of claim 2, wherein the first environmental information indicates that the information handling system is operating at a first efficiency level and the second environmental information indicates that the information handling system is operating at a second efficiency level (see fig. 5A-5C; and col. 2, lines 21-33: fan speed in the individual environments are optimized based on elements of the working space, wherein fan speed is throttled according to operational parameters).
As per claim 4, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein KENNEDY further teaches of the information handling system of claim 2, wherein the first efficiency level is higher than the second efficiency level (see fig. 6A-6B; and col. 10, lines 28-45: the MUX may attenuate the speed in different environments according to operational requirements).
As per claim 5, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein KENNEDY further teaches of the information handling system of claim 1, wherein the first environmental information includes a fan speed indication (see col. 10, line 30-45: system provides an indication of fan speed parameters, and if thresholds are met).
As per claim 6, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein LI further teaches of the information handling system of claim 5, wherein the processor is further configured to determine a first number of applications instantiated on the information handling system to set to the EcoQoS level based on the fan speed indication (see section “Motivation”: the EcoQos schedules work to the most efficient processors, where energy efficiency is the focus).
As per claim 7, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein KENNEDY further teaches of the information handling system of claim 6, wherein the first environmental information further includes a device temperature indication (see col. 9, lines 55-67: IHS uses temperature sensor information, wherein the thermal information is used in throttling fan speed).
As per claim 8, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein KENNEDY further teaches of the information handling system of claim 7, wherein the processor is further configured to determine a second number of the applications to set to the efficiency level based on the device temperature indication (see fig. 5A-5C; and col. 9, lines 53-67 and col. 10, lines 28-64: the system uses individually captured data optimize fan operations according to each operational environment). LI further optimizes workload data by employing EcoQoS for capture and include workload information for optimizing efficiency components (see section “Motivation”).
As per claim 9, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein KENNEDY further teaches of the information handling system of claim 8, wherein the processor is further configured to determine that the first number is different from the second number, and to determine a third number of the applications to set to efficiency levels based on the first number and the second number (see col. 1, lines 42-67 and col. 10, lines 1-64: the system relies on individual data captures to optimize each operation environment, wherein overall operations are optimized for efficiency). LI further captures and uses workload data in employing EcoQoS application in making inclusive workload consideration for optimizing overall efficiency (see section “Motivation”).
As per claim 10, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein KENNEDY further teaches of the information handling system of claim 9, wherein the third number is between the first number and the second number (see fig. 6A-6B: the system is optimized such that the operations are directed to individual environmental data, wherein some IHS operational numbers may fall higher, lower and in between numbers based on captured data).
As per claim 11, KENNEDY teaches of a method comprising:
receiving, by a processor of an information handling system, first environmental information for the information handling system (see fig. 3D and 5A; and col. 1, lines 42-61 and col. 2, lines 43-54: method for capturing thermal environmental parameters for multiple zones associated within IHS); and
setting, by the processor, a first application instantiated on the information handling system to an efficiency level based on the first environmental information (see fig. 1B, 3D and 5A-5C; and col. 1, line 42- col. 2, line 42: method for capturing environmental and fan speed data relevant to the first and subsequent operational environments).
While KENNEDY teaches of setting and operating fans based on operational environments (see above citations), the reference fails to explicitly teach of using EcoQoS service levels.
Like KENNEDY, LI is directed to IHS operations in line with Qos (Quality of Service) elements. However, LI further teaches of a system which employs the use of EcoQos to optimize application performance in scheduling workloads, whereby minimizing latency in an energy efficient manner (see section “Motivation”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of LI's method of using EcoQos for managing workloads to optimize application scheduling and reduce operational costs, with KENNEDY's method, to minimize energy expenditures and maximize QoS levels by monitoring, and analyzing environmental and workload information and instantiating applications to further control and optimize fan speed according to environmental parameters.
As per claim 12, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein KENNEDY further teaches of the method of claim 11, further comprising: receiving second environmental information for the information handling system, and setting a second application instantiated on the information handling system to the EcoQoS level in response to the second environmental information (see fig. 1B, 3D, 5A and 5B and col. 2, lines 1-42: the system captures and sets operational information according to individual environments, in line with parameters specific to each setting). LI further teaches of utilizing EcoQoS levels to further optimize fan operations (see section “Motivation”: sets EcoQos in line with workloads specific to individual environments).
As per claim 13, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein KENNEDY further teaches of the method of claim 12, wherein the first environmental information indicates that the information handling system is operating at a first efficiency level and the second environmental information indicates that the information handling system is operating at a second efficiency level (see fig. 5A-5C; and col. 2, lines 21-33: fan speed in the individual environments are optimized based on elements of the working space, wherein fan speed is throttled according to operational parameters).
As per claim 14, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein KENNEDY further teaches of the method of claim 12, wherein the first efficiency level is higher than the second efficiency level (see fig. 6A-6B; and col. 10, lines 28-45: the MUX may attenuate the speed in different environments according to operational requirements).
As per claim 15, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein KENNEDY further teaches of the method of claim 11, wherein the first environmental information includes a fan speed indication (see col. 10, line 30-45: system provides an indication of fan speed parameters, and if thresholds are met).
As per claim 16, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein LI further teaches of the method of claim 15, further comprising determining a first number of applications instantiated on the information handling system to set to the EcoQoS level based on the fan speed indication (see section “Motivation”: the EcoQos schedules work to the most efficient processors, where energy efficiency is the focus).
As per claim 17, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein KENNEDY further teaches of the method of claim 16, wherein the first environmental information further includes a device temperature indication (see col. 9, lines 55-67: IHS uses temperature sensor information, wherein the thermal information is used in throttling fan speed).
As per claim 18, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein KENNEDY further teaches of the method of claim 17, further comprising determining a second number of the applications to set to the efficiency level based on the device temperature indication (see fig. 5A-5C; and col. 9, lines 53-67 and col. 10, lines 28-64: the system uses individually captured data optimize fan operations according to each operational environment). LI further optimizes workload data by employing EcoQoS for capture and include workload information for optimizing efficiency components (see section “Motivation”).
As per claim 19, the combination of KENNEDY and LI teaches all of the limitations noted in the base claim(s) as outlined above, wherein KENNEDY further teaches of the method of claim 18, further comprising: determining that the first number is different from the second number and determining a third number of the applications to set to the efficiency level based on the first number and the second number (see col. 1, lines 42-67 and col. 10, lines 1-64: the system relies on individual data captures to optimize each operation environment, wherein overall operations are optimized for efficiency). LI further captures and uses workload data in employing EcoQoS application in making inclusive workload consideration for optimizing overall efficiency (see section “Motivation”).
As per claim 20, KENNEDY teaches an information handling system, comprising:
a memory device configured to store code (see fig. 1A and 2; col. 6, lines 5-10: HIS contain memory for storing executable code); and
a processor configured to execute code (see fig. 2; and col. 4, lines 5-13: IHS uses a processor to execute code) to:
receive first environmental information for the information handling system (see fig. 3D and 5A; and col. 1, lines 42-61 and col. 2, lines 43-54: system captures thermal environmental parameters for multiple zones associated with IHS);
set only a first application instantiated on the information handling system to an efficiency level based on the first environmental information (see fig. 1B, 3D and 5A-5C; and col. 1, line 42- col. 2, line 42: system captures environmental and fan speed data relevant to the first and subsequent operational environments);
receive second environmental information for the information handling system (see fig. 1B, 3D, 5A and 5B and col. 2, lines 1-42: the system captures and sets operational information according to individual environments, in line with parameters specific to each setting); and
set the first application and a second application instantiated on the information
handling system to the efficiency level based on the second environmental information (see fig. 5A-5C; and col. 2, lines 21-33: fan speed in the individual environments are optimized based on elements of the working space, wherein fan speed is throttled according to operational parameters).
While KENNEDY teaches of setting and operating fans based on operational environments (see above citations), the reference fails to explicitly teach of using EcoQoS service levels.
Like KENNEDY, LI is directed to IHS operations in line with Qos (Quality of Service) elements. However, LI further teaches of a system which employs the use of EcoQos to optimize application performance in scheduling workloads, whereby minimizing latency in an energy efficient manner (see section “Motivation”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of LI's IHS system using EcoQos for managing workloads to optimize application scheduling and reduce operational costs, with KENNEDY's IHS system, to minimize energy expenditures and maximize QoS levels by monitoring, and analyzing individual environmental and workload information, and facilitating greater efficiency and control in optimizing fan speed according to environmental parameters.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The combination of Yuan et al., “Energy-Efficient and Q0S-Optimized Adaptive Task Scheduling and Management in Cloud”, Nesmachnow et al., “Controlling Datacenter Power Consumption While Maintaining Temperature and QoS Levels” and Anderson, “Greener Windows? Microsoft Previews EcoQoS and Task Manager Eco Mode for Would-Be Power-Sipping Devs” focuses on using QoS techniques in managing energy and operational efficiency in datacenter applications.
Conclusion
The applicant is strongly encouraged to contact the examiner if further clarifications are needed with respect to interpretation of currently presented claims and/or cited prior art.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. BiocraftLabs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1,215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN BOOKER whose telephone number is (571)272-7827. The examiner can normally be reached on M-F 9am-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on (571) 272-4105. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/Kelvin Booker/
Examiner, Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119
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