DETAILED ACTION
Claims 1-20 are pending in the application.
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Examiner’s Notes
The Examiner cites particular sections in the references as applied to the claims below for the convenience of the applicant(s). Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant(s) fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Specification
The use of the terms AMAZON WEB SERVICES, JAVA, JAVASCRIPT, and BLUETOOTH, which are trade names or marks used in commerce, has been noted in this application. The terms should be accompanied by the generic terminology; furthermore the terms should be capitalized wherever they appear or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the terms.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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.
Claim 19 is 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.
Claim 19 recites “ one or more processors configured to” (line 3) which identifies an intended use for the claimed one or more processors. More specifically, it is not clear if the processors actually perform the functions recited therewith or if the processors merely require to have the configuration to perform such functions.
For the following analysis, the Examiner will consider the one or more processors actually performing the recited functions.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 rejected on the ground of non-statutory double patenting as being unpatentable over claims of U.S. Patent No. 12,613,953 B2.
Instant Application
U.S. Patent No. 12,613,953 B2
Claim
Limitation
Claim
Limitation
1
A method, comprising:
retrieving, using a first isolated execution environment of a plurality of isolated execution environments instantiated on a host computing device, configuration data for a plurality of connectors from a communication buffer, wherein the communication buffer is instantiated on the host computing device and is communicatively coupled with the plurality of isolated execution environments, wherein the plurality of connectors are assigned to retrieve data from a plurality of data sources, and wherein each connector of the plurality of connectors comprises a plurality of distributable collector modules;
determining a range of collector modules and a range of connector-specific collector modules to assign to each of the plurality of isolated execution environments based on the configuration data to obtain a determined range of collector modules and a determined range of connector-specific collector modules; and
assigning a group of distributable collector modules to each of the plurality of isolated execution environments based on the determined range of collector modules and the determined range of connector-specific collector modules, wherein a first distributable collector module of a first connector of the plurality of connectors is assigned to the first isolated execution environment and a first distributable collector module of a second connector of the plurality of connectors is assigned to the first isolated execution environment.
2, 3
A method, comprising:
determining, by a first application interface of a first isolated execution environment of a plurality of isolated execution environments, configurations for a plurality of connectors, each connector of the plurality of connectors comprising a respective cluster of collector modules configured to collect data from a same data source, wherein the plurality of isolated execution environments are configured as data collection nodes;
assigning, by a first scheduler module of the first isolated execution environment, a first cluster of collector modules of a first connector of the plurality of connectors between the plurality of isolated execution environments, wherein a communication buffer is communicatively coupled with the plurality of isolated execution environments and comprises configuration data indicating the configurations for the plurality of connectors, assignment data indicating assignment of the first cluster of collector modules of the first connector between the plurality of isolated execution environments, and status data indicating a status of collector modules of the plurality of connectors, wherein the configuration data is editable by a plurality of application interfaces of the plurality of isolated execution environments, the assignment data is editable by the first scheduler module, and the status data is editable by a plurality of coordinator modules of the plurality of isolated execution environments;
collecting, by a first collector module of a first plurality of collector modules of the first isolated execution environment, data from a first data source of a first tenant;
collecting, by a second collector module of the first plurality of collector modules, data from a first data source of a second tenant; and
monitoring, by a first coordinator module of the first isolated execution environment, execution of the first plurality of collector modules within the first isolated execution environment.
The method of claim 2, wherein the plurality of isolated execution environments share compute resources of a host computing device.
2
The method of claim 1, wherein a second distributable collector module of the first connector is assigned to the first isolated execution environment.
2
assignment data indicating assignment of the first cluster of collector modules of the first connector between the plurality of isolated execution environments
3
The method of claim 1, wherein retrieving the configuration data comprises:
retrieving the configuration data using a scheduler module of the first isolated execution environment.
8
The method of claim 2, wherein the first scheduler module is configured to read the status data from the communication buffer.
4
The method of claim 1, further comprising:
assigning a scheduler module from a plurality of scheduler modules of the plurality of isolated execution environments to retrieve the configuration data.
2, 7
assigning, by a first scheduler module of the first isolated execution environment, a first cluster of collector modules of a first connector of the plurality of connectors between the plurality of isolated execution environments,
the second coordinator module configured to monitor execution of the second plurality of collector modules within the second isolated execution environment, and a second scheduler module, wherein the second scheduler module is disabled,
5
The method of claim 1, further comprising:
assigning a scheduler module of the first isolated execution environment from a plurality of scheduler modules of the plurality of isolated execution environments to retrieve the configuration data,
wherein retrieving the configuration data comprises:
retrieving the configuration data using the scheduler module.
2, 7, 8
assigning, by a first scheduler module of the first isolated execution environment, a first cluster of collector modules of a first connector of the plurality of connectors between the plurality of isolated execution environments,
the second coordinator module configured to monitor execution of the second plurality of collector modules within the second isolated execution environment, and a second scheduler module, wherein the second scheduler module is disabled,
The method of claim 2, wherein the first scheduler module is configured to read the status data from the communication buffer
6
The method of claim 1, further comprising:
assigning a scheduler module of the first isolated execution environment from a plurality of scheduler modules of the plurality of isolated execution environments to retrieve the configuration data,
wherein retrieving the configuration data comprises:
retrieving the configuration data using the scheduler module,
wherein connector-isolated execution environment assignments are editable by the scheduler module.
2, 7, 8
assigning, by a first scheduler module of the first isolated execution environment, a first cluster of collector modules of a first connector of the plurality of connectors between the plurality of isolated execution environments,
wherein the configuration data is editable by a plurality of application interfaces of the plurality of isolated execution environments, the assignment data is editable by the first scheduler module, and the status data is editable by a plurality of coordinator modules of the plurality of isolated execution environments;
the second coordinator module configured to monitor execution of the second plurality of collector modules within the second isolated execution environment, and a second scheduler module, wherein the second scheduler module is disabled,
The method of claim 2, wherein the first scheduler module is configured to read the status data from the communication buffer
7
The method of claim 1, wherein retrieving the configuration data comprises:
retrieving the configuration data using an active scheduler module of the first isolated execution environment, wherein the plurality of isolated execution environments comprises the active scheduler module and a plurality of standby scheduler modules
2, 7, 8
the first collector module corresponds to a first connector of the plurality of connectors and the second collector module corresponds to a second connector of the plurality of connectors, a first coordinator module configured to monitor execution of the first plurality of collector modules within the first isolated execution environment, and a first scheduler module configured to assign a first cluster of collector modules of the first connector between the plurality of isolated execution environments;
The method of claim 2, wherein the first scheduler module is configured to read the status data from the communication buffer.
at least one collector module of the second plurality of collector modules corresponds to the first connector, a second coordinator module of the plurality of coordinator modules, the second coordinator module configured to monitor execution of the second plurality of collector modules within the second isolated execution environment, and a second scheduler module, wherein the second scheduler module is disabled.
8
The method of claim 1, wherein assigning the group of distributable collector modules to each of the plurality of isolated execution environments is further based on a utilization associated with the plurality of isolated execution environments.
2
each connector of the plurality of connectors comprising a respective cluster of collector modules configured to collect data from a same data source, wherein the plurality of isolated execution environments are configured as data collection nodes;
assigning, by a first scheduler module of the first isolated execution environment, a first cluster of collector modules of a first connector of the plurality of connectors between the plurality of isolated execution environments, wherein a communication buffer is communicatively coupled with the plurality of isolated execution environments and comprises configuration data indicating the configurations for the plurality of connectors, assignment data indicating assignment of the first cluster of collector modules of the first connector between the plurality of isolated execution environments,
monitoring, by a first coordinator module of the first isolated execution environment, execution of the first plurality of collector modules within the first isolated execution environment.
9
The method of claim 1, further comprising:
modifying connector-isolated execution environment assignments based on assigning the group of distributable collector modules to each of the plurality of isolated execution environments.
10
The method of claim 2, wherein the first scheduler module is configured to read the status data from the communication buffer and modify the assignment data based on the status data, wherein to modify the assignment data, the first scheduler module is configured to modify an assignment of a third collector module from the first isolated execution environment to an assignment of the third collector module to a second isolated execution environment of the plurality of isolated execution environments.
10
The method of claim 1, further comprising:
generating connector-isolated execution environment assignments to obtain generated connector-isolated execution environment assignments based on assigning the group of distributable collector modules to each of the plurality of isolated execution environments; and
storing the generated connector-isolated execution environment assignments in the communication buffer.
2
assigning, by a first scheduler module of the first isolated execution environment, a first cluster of collector modules of a first connector of the plurality of connectors between the plurality of isolated execution environments, wherein a communication buffer is communicatively coupled with the plurality of isolated execution environments and comprises configuration data indicating the configurations for the plurality of connectors, assignment data indicating assignment of the first cluster of collector modules of the first connector between the plurality of isolated execution environments, and status data indicating a status of collector modules of the plurality of connectors,
11
The method of claim 1, further comprising:
updating connector-isolated execution environment assignments stored in the communication buffer based on assigning the group of distributable collector modules to each of the plurality of isolated execution environments,
wherein each of the plurality of isolated execution environments is configured to retrieve at least a portion of the connector-isolated execution environment assignments from the communication buffer.
10
The method of claim 2, wherein the first scheduler module is configured to read the status data from the communication buffer and modify the assignment data based on the status data, wherein to modify the assignment data, the first scheduler module is configured to modify an assignment of a third collector module from the first isolated execution environment to an assignment of the third collector module to a second isolated execution environment of the plurality of isolated execution environments.
12
The method of claim 1, wherein the configuration data, connector-isolated execution environment assignments, and a status of collector modules are stored in the communication buffer.
2
a communication buffer is communicatively coupled with the plurality of isolated execution environments and comprises configuration data indicating the configurations for the plurality of connectors, assignment data indicating assignment of the first cluster of collector modules of the first connector between the plurality of isolated execution environments, and status data indicating a status of collector modules of the plurality of connectors
13
The method of claim 1, wherein a status of collector modules stored in the communication buffer is editable by a plurality of coordinator modules of the plurality of isolated execution environments.
2
wherein a communication buffer is communicatively coupled with the plurality of isolated execution environments and comprises configuration data indicating the configurations for the plurality of connectors, assignment data indicating assignment of the first cluster of collector modules of the first connector between the plurality of isolated execution environments, and status data indicating a status of collector modules of the plurality of connectors, wherein the configuration data is editable by a plurality of application interfaces of the plurality of isolated execution environments, the assignment data is editable by the first scheduler module, and the status data is editable by a plurality of coordinator modules of the plurality of isolated execution environments;
14
The method of claim 1, wherein each of the plurality of isolated execution environments is configured to update a status of collector modules stored in the communication buffer based on generation or termination of a collector module by a respective isolated execution environment.
13
wherein the first coordinator module is configured to read the modified assignment data and terminate the third collector module on the first isolated execution environment based on the modified assignment of the third collector module, and wherein a second coordinator module of the plurality of coordinator modules is configured to read the modified assignment data and the status data, determine the status data indicates reassignment of the third collector module is available based on termination of the third collector module on the first isolated execution environment, and generate the third collector module on a second isolated execution environment based on the modified assignment of the third collector module
15
The method of claim 1, wherein each of the plurality of isolated execution environments is configured to generate one or more distributable collector modules.
2
assigning, by a first scheduler module of the first isolated execution environment, a first cluster of collector modules of a first connector of the plurality of connectors between the plurality of isolated execution environments, wherein a communication buffer is communicatively coupled with the plurality of isolated execution environments and comprises configuration data indicating the configurations for the plurality of connectors,
16
The method of claim 1, wherein a plurality of collector modules of a first connector of the plurality of connectors are configured to obtain data from a same data source.
2
each connector of the plurality of connectors comprising a respective cluster of collector modules configured to collect data from a same data source,
17
The method of claim 1, wherein the plurality of isolated execution environments share compute resources of the host computing device.
3
The method of claim 2, wherein the plurality of isolated execution environments share compute resources of a host computing device.
18
The method of claim 1, wherein the range of collector modules indicates a range of collector modules for the first isolated execution environment, and wherein the range of connector-specific collector modules indicates a range of collector modules for the first connector and the first isolated execution environment and a range of collector modules for the second connector and the first isolated execution environment.
2, 6
assigning, by a first scheduler module of the first isolated execution environment, a first cluster of collector modules of a first connector of the plurality of connectors between the plurality of isolated execution environments,
The method of claim 2, wherein a second isolated execution environment of the plurality of isolated execution environments comprises: a second plurality of collector modules, wherein at least one collector module of the second plurality of collector modules corresponds to the first connector, and a second coordinator module of the plurality of coordinator modules, the second coordinator module configured to monitor execution of the second plurality of collector modules within the second isolated execution environment.
19
A host computing device comprising:
a data store; and
one or more processors configured to:
retrieve, using a first isolated execution environment of a plurality of isolated execution environments instantiated on the host computing device, configuration data for a plurality of connectors from a communication buffer, wherein the communication buffer is instantiated on the host computing device and is communicatively coupled with the plurality of isolated execution environments, wherein the plurality of connectors are assigned to retrieve data from a plurality of data sources, and wherein each connector of the plurality of connectors comprises a plurality of distributable collector modules; determine a range of collector modules and a range of connector-specific collector modules to assign to each of the plurality of isolated execution environments based on the configuration data to obtain a determined range of collector modules and a determined range of connector-specific collector modules; and assign a group of distributable collector modules to each of the plurality of isolated execution environments based on the determined range of collector modules and the determined range of connector-specific collector modules, wherein a first distributable collector module of a first connector of the plurality of connectors is assigned to the first isolated execution environment and a first distributable collector module of a second connector of the plurality of connectors is assigned to the first isolated execution environment
1
A host computing device, comprising:
a plurality of isolated execution environments configured as data collection nodes, wherein a first isolated execution environment of the plurality of isolated execution environments comprises: a first application interface configured to determine configurations for a plurality of connectors, each connector of the plurality of connectors comprising a respective cluster of collector modules configured to collect data from a same data source, a first plurality of collector modules, wherein a first collector module of the first plurality of collector modules is configured to collect data from a first data source of a first tenant and a second collector module of the first plurality of collector modules is configured to collect data from a first data source of a second tenant, wherein the first collector module corresponds to a first connector of the plurality of connectors and the second collector module corresponds to a second connector of the plurality of connectors, a first coordinator module configured to monitor execution of the first plurality of collector modules within the first isolated execution environment, and a first scheduler module configured to assign a first cluster of collector modules of the first connector between the plurality of isolated execution environments; and a communication buffer communicatively coupled with the plurality of isolated execution environments, the communication buffer comprising: configuration data indicating the configurations for the plurality of connectors, wherein the configuration data is editable by a plurality of application interfaces of the plurality of isolated execution environments, assignment data indicating assignment of the first cluster of collector modules of the first connector between the plurality of isolated execution environments, wherein the assignment data is editable by the first scheduler module, and status data indicating a status of collector modules of the plurality of connectors, wherein the status data is editable by a plurality of coordinator modules of the plurality of isolated execution environments.
20
Non-transitory computer-readable media including computer-executable instructions that, when executed by a host computing device, cause the host computing device to: retrieve, using a first isolated execution environment of a plurality of isolated execution environments instantiated on the host computing device, configuration data for a plurality of connectors from a communication buffer, wherein the communication buffer is instantiated on the host computing device and is communicatively coupled with the plurality of isolated execution environments, wherein the plurality of connectors are assigned to retrieve data from a plurality of data sources, and wherein each connector of the plurality of connectors comprises a plurality of distributable collector modules; determine a range of collector modules and a range of connector-specific collector modules to assign to each of the plurality of isolated execution environments based on the configuration data to obtain a determined range of collector modules and a determined range of connector-specific collector modules; and assign a group of distributable collector modules to each of the plurality of isolated execution environments based on the determined range of collector modules and the determined range of connector-specific collector modules, wherein a first distributable collector module of a first connector of the plurality of connectors is assigned to the first isolated execution environment and a first distributable collector module of a second connector of the plurality of connectors is assigned to the first isolated execution environment.
20
Non-transitory computer-readable media including computer-executable instructions that, when executed by a host computing device, cause the host computing device to: determine, by a first application interface of a first isolated execution environment of a plurality of isolated execution environments, configurations for a plurality of connectors, each connector of the plurality of connectors comprising a respective cluster of collector modules configured to collect data from a same data source, wherein the plurality of isolated execution environments are configured as data collection nodes; assign, by a first scheduler module of the first isolated execution environment, a first cluster of collector modules of a first connector of the plurality of connectors between the plurality of isolated execution environments, wherein a communication buffer is communicatively coupled with the plurality of isolated execution environments and comprises configuration data indicating the configurations for the plurality of connectors, assignment data indicating assignment of the first cluster of collector modules of the first connector between the plurality of isolated execution environments, and status data indicating a status of collector modules of the plurality of connectors, wherein the configuration data is editable by a plurality of application interfaces of the plurality of isolated execution environments, the assignment data is editable by the first scheduler module, and the status data is editable by a plurality of coordinator modules of the plurality of isolated execution environments; collect, by a first collector module of a first plurality of collector modules of the first isolated execution environment, data from a first data source of a first tenant; collect, by a second collector module of the first plurality of collector modules, data from a first data source of a second tenant; and monitor, by a first coordinator module of the first isolated execution environment, execution of the first plurality of collector modules within the first isolated execution environment.
With respect to claims 1-20: Although the claims at issue are not identical, they are not patentably distinct from each other because claims of U.S. Patent No. 12,613,953 B2 anticipates claims 1-20 as identified above.
CONCLUSION
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Jha et al. (US 2024/0241764 A1) discloses event logging and statistic collection for virtual-cloud-connector nodes utilizing open telemetry libraries (see paragraphs 54, 58).
Thimmegowda et al. (US 11,593,477 B1) discloses utilizing connectors for a tenant network within isolated execution environments (see column 72, lines 1-19; column 188, lines 24-48).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Umut Onat whose telephone number is (571)270-1735. The examiner can normally be reached M-Th 9:00-7:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin L Young can be reached at (571) 270-3180. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/UMUT ONAT/Primary Examiner, Art Unit 2194
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