DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The application has been examined. Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/16/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Allowable Subject Matter
Claims 9, 11, 12, 16, 18, and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, overcoming the 35 USC § 103 Rejections.
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 of this title, 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 1-8, 10, 13-15, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Rangel Augusto et al. (2022/0385579, hereinafter Rangel) in view of Butler et al. (2022/0197773, hereinafter Butler) and further in view of Choi et al. (2023/0155959, hereinafter Choi).
Regarding claim 1, Rangel discloses a non-transitory computer-readable medium (Rangel, para. 76) comprising program code for a first agent (Rangel discloses that the computer 700 comprise one or more of data nodes, control nodes, firewall nodes, edge routers, etc.) (Rangel, para. 78), the first agent being executable on a first processing node (Rangel discloses that data nodes 116) (Rangel, para. 36) of a computing cluster (Rangel, para. 32) to perform operations including:
receiving data from a data provider (Rangel discloses that the network environment 102 may provide, host, provide connectivity to, or otherwise support one or more services 110 for client devices 106 to connect to and use) (Rangel, para. 32);
determining whether the first processing node has at least a threshold amount of computing capacity (Rangel discloses that the controller determines the difference between the actual capacity of the first data node and the predicted capacity of the first data node is greater than a threshold difference) (Rangel, para. 63); and
in response to determining that the first processing node has less than the threshold amount of computing capacity (Rangel discloses that the controller determines the difference between the actual capacity of the first data node and the predicted capacity of the first data node is greater than a threshold difference) (Rangel, para. 63):
receiving, from a lookup service, one or more processing nodes in the computing cluster that have the at least the threshold amount of computing capacity (Rangel discloses that the controller determines that it has the capacity to receive additional data flows or, that it is over capacity (threshold) and needs to reduce the number of data flows being sent it, then the data node may send an indication to a load balancer to either increase or decrease the number of data flows being sent to it) (Rangel, para. 20);
selecting, a second processing node that has at least the threshold amount of computing capacity (Rangel discloses that the controller may determine to redirect the one or more specific data flow(s) based on the current capacity of the one or more second data node(s) based on the estimated capacity) (Rangel, para. 27).
Rangel does not explicitly disclose receiving, from a lookup service, a list of one or more processing nodes in the computing cluster that have the at least the threshold amount of computing capacity; selecting, from the received list, a second processing node that has at least the threshold amount of computing capacity; and based on the selecting the second processing node, causing the data to be transmitted to a second agent executing on the second processing node, the second agent being configured to process the data and provide the processed data to a backend server system.
In analogous art, Butler teaches receiving, from a lookup service, a list of one or more processing nodes (Butler discloses that the list of UEs 3120 (processing nodes) in a particular location with information about the location of all radio nodes currently associated with the MEC server 3036) (Butler, para. 438) in the computing cluster that have the at least the threshold amount of computing capacity (Butler discloses that the infrastructure capacity plan is generated based on the possible resource capacity allocation actions that could be performed) (Butler, para. 191); and
selecting, from the received list, a second processing node that has at least the threshold amount of computing capacity (Butler discloses that when the edge node 410 becomes overloaded, it uses a peer selection algorithm to select a peer edge node 420 to handle the processing of segments, which the optimal peer edge nodes is chosen for offloading compute tasks and rebalancing the overall load) (Butler, para. 91).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Butler related to receiving a list of processing nodes that have at least the threshold amount of computing capacity and selecting a second processing node that have the at least threshold amount of computing capacity and to combine with Rangel in order to increase the efficiency of selecting the appropriate peer node to handle the processing of compute tasks and rebalance the overall load (Butler, para. 91).
Rangel and Butler does not explicitly disclose based on the selecting the second processing node, causing the data to be transmitted to a second agent executing on the second processing node, the second agent being configured to process the data and provide the processed data to a backend server system.
In analogous art, Choi teaches based on the selecting the second processing node, causing the data to be transmitted to a second agent (Choi discloses that the intelligent edge service receives data from mobile devices or various sensors over a network, analyzes the data, and returns a result or provides the results through applications) (Choi, para. 67) executing on the second processing node, the second agent being configured to process the data and provide the processed data (Choi discloses that selecting the worker server include receiving a list of worker servers (processing nodes) satisfying a preset congestion condition and available resources for execution of the service and selecting the worker server having the I/O congestion level corresponding to the preset condition from the list) (Choi, para. 78) to a backend server system (Choi discloses that the global scheduler of a master server (backend server system) receives information required for executing an application in a virtual environment as well as resource requirements) (Choi, para. 118).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Choi related to causing the data to be transmitted to a second agent executing on a second processing node and to combine with Rangel and Butler in order to enhance the improvement of the service execution performance by optimally allocating resources for the intelligent edge service (Choi, para. 165).
Regarding claim 2, Rangel, Butler, and Choi discloses the non-transitory computer-readable medium of claim 1, wherein the data provider is software executing on the first processing node, the software being separate from the first agent (Rangel discloses that the networked environment 102 includes devices that are housed or located in one or more data centers 104 that may be located at different physical and/or virtual locations, and/or cloud based service provider needs) (Rangel, para. 30).
Regarding claim 3, Rangel, Butler, and Choi discloses the non-transitory computer-readable medium of claim 1, wherein the data provider is a client device that is remote from the first processing node (Rangel discloses that the computer 700 can operate in a networked environment using logical connections to remote computing devices and remote computer systems through a network(s)) (Rangel, para. 69).
Regarding claim 4, Rangel, Butler, and Choi discloses the non-transitory computer-readable medium of claim 3, wherein the data is telemetry data (Rangel discloses that the telemetry data indicates the actual capacity of the first data node and/or the number of available or unavailable computing resources of the first data node) (Rangel, para. 26), and the client device is an edge device (Rangel discloses that the client devices 106 communicates using various communication protocols over the networks) (Rangel, para. 32), the edge device being remote from the computing cluster (Rangel discloses that the computer 700 can operate in a networked environment using logical connections to remote computing devices and remote computer systems through a network(s)) (Rangel, para. 69).
Regarding claim 5, Rangel, Butler, and Choi discloses the non-transitory computer-readable medium of claim 1, wherein the lookup service is remote from the first processing node, and wherein the lookup service is configured to:
collect capacity information from a plurality of processing nodes in the computing cluster (Butler discloses that the infrastructure capacity model and the service data identifies possible placements of the respective services or workloads across the respective resources of the computing infrastructure) (Butler, para. 188);
receive, from the first agent, details about the data to be processed (Butler discloses that the placement options identify possible mappings of the underlying tasks and dependencies of the services to the resources of the computing infrastructure based on service requirements and available capacities) (Butler, para. 188);
generate the list of one or more processing nodes based on the details about the data and the collected capacity information (Butler discloses that the planning component 2016 will use a ranked list of functions and determine possible configurations and best possible set of actions 2018a-c) (Butler, para. 351); and
transmit the generated list to the first agent (Butler discloses that the desired deployment includes a list of UEs in a particular location and grouped radio nodes that are associated to a MEC host or MEC server 3036) (Butler, para. 438).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Butler related to collecting capacity information and generating a list of processing nodes to be transmitted and to combine with Rangel, Butler, and Choi in order to increase the efficiency of selecting the appropriate peer node to handle the processing of compute tasks and rebalance the overall load (Butler, para. 91).
Regarding claim 6, Rangel, Butler, and Choi discloses the non-transitory computer-readable medium of claim 1, wherein the operations comprise:
selecting the second processing node from the received list based at least in part on a capacity level of the second processing node and one or more other factors, the one or more other factors including a geographical location associated with the second processing node (Butler discloses that the desired deployment includes a list of UEs in a particular location and grouped radio nodes that are associated to a MEC host or MEC server 3036) (Butler, para. 438), a latency associated with the second processing node (Butler discloses to achieve results with low latency, the services executed within the edge cloud 2610 balance varying requirements such as priority (throughput or latency) and QoS, reliability and resiliency, and physical constraints) (Butler, para. 370), a security policy associated with the second processing node (Butler discloses security enforcement point which allows distinct resource allocations to be allotted for specific tenant(s) or within tenant boundaries) (Butler, para. 469), and/or a predefined priority associated with the second processing node (Butler discloses to achieve results with low latency, the services executed within the edge cloud 2610 balance varying requirements such as priority (throughput or latency) and QoS, reliability and resiliency, and physical constraints) (Butler, para. 370).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Butler related to selecting the processing node based on the capacity level and other factors and to combine with Rangel, Butler, and Choi in order to increase the efficiency of selecting the appropriate peer node to handle the processing of compute tasks and rebalance the overall load (Butler, para. 91).
Regarding claim 7, Rangel, Butler, and Choi discloses the non-transitory computer-readable medium of claim 1, wherein the backend server system is separate from the computing cluster (Choi discloses that the global scheduler of a master server (backend server system) receives the request to execute an intelligent edge service based on resource requirements and selects the worker server (separate) of one or more worker servers (computing cluster)) (Choi, para. 108-111; Fig. 4).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Choi related to the backend server system is separate from the computing cluster and to combine with Rangel, Butler, and Choi in order to enhance the improvement of the service execution performance by optimally allocating resources for the intelligent edge service (Choi, para. 165).
Regarding claim 8, Rangel, Butler, and Choi discloses the non-transitory computer-readable medium of claim 1, wherein the operations further comprise:
in response to determining that the first processing node has at least the threshold amount of computing capacity, processing the data and providing the processed data (Choi discloses that the global scheduler selects the worker server (first processing node) having the lowest I/O congestion level from the first candidate list that includes one or more worker servers, the data input device in the resource requirements is checked (has the threshold amount of computing capacity), and the worker server in which the corresponding device is selected) (Choi, para. 122) to the backend server system (Choi discloses that the global scheduler of a master server (backend server system) receives information required for executing an application in a virtual environment as well as resource requirements) (Choi, para. 118).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Choi related to determining that the first processing node has at least the threshold amount of computing capacity and to combine with Rangel, Butler, and Choi in order to enhance the improvement of the service execution performance by optimally allocating resources for the intelligent edge service (Choi, para. 165).
Regarding claim 10, Rangel, Butler, and Choi discloses the non-transitory computer-readable medium of claim 1, wherein causing the data to be transmitted to the second processing node involves the first agent transmitting the data to the second agent (Choi discloses that the one or more worker servers are selected to execute the service based on the congestion level of the server and based on a network selected as the input resource, which allocates resources from multiple NUMA nodes (agents)) (Choi, para. 118).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Choi related to causing the data to be transmitted to the second processing node involves the first agent transmitting data to the second agent and to combine with Rangel, Butler, and Choi in order to enhance the improvement of the service execution performance by optimally allocating resources for the intelligent edge service (Choi, para. 165).
Regarding claim 13, Rangel discloses a method comprising:
receiving, by a first agent executing on a first processing node of a computing cluster, data from a data provider (Rangel discloses that the network environment 102 may provide, host, provide connectivity to, or otherwise support one or more services 110 for client devices 106 to connect to and use) (Rangel, para. 32);
determining, by the first agent, whether the first processing node has at least a threshold amount of computing capacity (Rangel discloses that the controller determines the difference between the actual capacity of the first data node and the predicted capacity of the first data node is greater than a threshold difference) (Rangel, para. 63); and
in response to determining that the first processing node has less than the threshold amount of computing capacity (Rangel discloses that the controller determines the difference between the actual capacity of the first data node and the predicted capacity of the first data node is greater than a threshold difference) (Rangel, para. 63):
receiving, by the first agent and from a lookup service, a list of one or more processing nodes in the computing cluster that have the at least the threshold amount of computing capacity (Rangel discloses that the controller determines that it has the capacity to receive additional data flows or, that it is over capacity and needs to reduce the number of data flows being sent it, then the data node may send an indication to a load balancer to either increase or decrease the number of data flows being sent to it) (Rangel, para. 20);
selecting, by the first agent, a second processing node that has at least the threshold amount of computing capacity (Rangel discloses that the controller may determine to redirect the one or more specific data flow(s) based on the current capacity of the one or more second data node(s) based on the estimated capacity) (Rangel, para. 27).
Rangel does not explicitly disclose receiving, by the first agent and from a lookup service, a list of one or more processing nodes in the computing cluster that have at least the threshold amount of computing capacity; selecting, by the first agent and from the list, a second processing node that has at least the threshold amount of computing capacity; and based on the selecting the second processing node, causing, by the first agent, the data to be transmitted to a second agent executing on the second processing node, the second agent being configured to process the data and provide the processed data to a backend server system.
In analogous art, Butler teaches receiving, by the first agent and from a lookup service, a list of one or more processing nodes (Butler discloses that the list of UEs 3120 (processing nodes) in a particular location with information about the location of all radio nodes currently associated with the MEC server 3036) (Butler, para. 438) in the computing cluster that have at least the threshold amount of computing capacity (Butler discloses that the infrastructure capacity plan is generated based on the possible resource capacity allocation actions that could be performed) (Butler, para. 191); and
selecting, by the first agent and from the list, a second processing node that has at least the threshold amount of computing capacity (Butler discloses that when the edge node 410 becomes overloaded, it uses a peer selection algorithm to select a peer edge node 420 to handle the processing of segments, which the optimal peer edge nodes is chosen for offloading compute tasks and rebalancing the overall load) (Butler, para. 91).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Butler related to receiving a list of processing nodes that have at least the threshold amount of computing capacity and selecting a second processing node that have the at least threshold amount of computing capacity and to combine with Rangel in order to increase the efficiency of selecting the appropriate peer node to handle the processing of compute tasks and rebalance the overall load (Butler, para. 91).
Rangel and Butler does not explicitly disclose based on the selecting the second processing node, causing, by the first agent, the data to be transmitted to a second agent executing on the second processing node, the second agent being configured to process the data and provide the processed data to a backend server system.
In analogous art, Choi teaches based on the selecting the second processing node, causing, by the first agent, the data to be transmitted to a second agent (Choi discloses that the intelligent edge service receives data from mobile devices or various sensors over a network, analyzes the data, and returns a result or provides the results through applications) (Choi, para. 67) executing on the second processing node, the second agent being configured to process the data and provide the processed data (Choi discloses that selecting the worker server include receiving a list of worker servers (processing nodes) satisfying a preset congestion condition and available resources for execution of the service and selecting the worker server having the I/O congestion level corresponding to the preset condition from the list) (Choi, para. 78) to a backend server system (Choi discloses that the global scheduler of a master server (backend server system) receives information required for executing an application in a virtual environment as well as resource requirements) (Choi, para. 118).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Choi related to causing the data to be transmitted to a second agent executing on a second processing node and to combine with Rangel and Butler in order to enhance the improvement of the service execution performance by optimally allocating resources for the intelligent edge service (Choi, para. 165).
Regarding claim 14, Rangel, Butler, and Choi discloses the method of claim 13, wherein the lookup service is remote from the first processing node, and wherein the lookup service is configured to:
collect capacity information from a plurality of processing nodes in the computing cluster (Butler discloses that the infrastructure capacity model and the service data identifies possible placements of the respective services or workloads across the respective resources of the computing infrastructure) (Butler, para. 188);
receive, from the first agent, details about the data to be processed (Butler discloses that the placement options identify possible mappings of the underlying tasks and dependencies of the services to the resources of the computing infrastructure based on service requirements and available capacities) (Butler, para. 188);
generate the list of one or more processing nodes based on the details about the data and the collected capacity information (Butler discloses that the planning component 2016 will use a ranked list of functions and determine possible configurations and best possible set of actions 2018a-c) (Butler, para. 351); and
transmit the generated list to the first agent (Butler discloses that the desired deployment includes a list of UEs in a particular location and grouped radio nodes that are associated to a MEC host or MEC server 3036) (Butler, para. 438).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Butler related to collecting capacity information and generating a list of processing nodes to be transmitted and to combine with Rangel, Butler, and Choi in order to increase the efficiency of selecting the appropriate peer node to handle the processing of compute tasks and rebalance the overall load (Butler, para. 91).
Regarding claim 15, Rangel, Butler, and Choi discloses the method of claim 13, further comprising selecting the second processing node from the received list based at least in part on a capacity level of the second processing node and one or more other factors, the one or more other factors including a geographical location associated with the second processing node (Butler discloses that the desired deployment includes a list of UEs in a particular location and grouped radio nodes that are associated to a MEC host or MEC server 3036) (Butler, para. 438), a latency associated with the second processing node (Butler discloses to achieve results with low latency, the services executed within the edge cloud 2610 balance varying requirements such as priority (throughput or latency) and QoS, reliability and resiliency, and physical constraints) (Butler, para. 370), a security policy associated with the second processing node (Butler discloses security enforcement point which allows distinct resource allocations to be allotted for specific tenant(s) or within tenant boundaries) (Butler, para. 469), and/or a predefined priority associated with the second processing node (Butler discloses to achieve results with low latency, the services executed within the edge cloud 2610 balance varying requirements such as priority (throughput or latency) and QoS, reliability and resiliency, and physical constraints) (Butler, para. 370).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Butler related to selecting the processing node based on the capacity level and other factors and to combine with Rangel, Butler, and Choi in order to increase the efficiency of selecting the appropriate peer node to handle the processing of compute tasks and rebalance the overall load (Butler, para. 91).
Regarding claim 17, Rangel, Butler, and Choi discloses the method of claim 13, wherein the data provider is a client device that is remote from the first processing node (Rangel discloses that the computer 700 can operate in a networked environment using logical connections to remote computing devices and remote computer systems through a network(s)) (Rangel, para. 69).
Regarding claim 20, Rangel discloses a first processing node (Rangel, para. 76) of a computing cluster (Rangel, para. 32), the first processing node comprising:
a processor (Rangel, para. 76); and
a memory (Rangel, para. 76) including program code for a first agent executing on the first processing node, the first agent being executable by the processor to perform operations including:
receiving data from a data provider (Rangel discloses that the network environment 102 may provide, host, provide connectivity to, or otherwise support one or more services 110 for client devices 106 to connect to and use) (Rangel, para. 32);
determining whether the first processing node has at least a threshold amount of computing capacity (Rangel discloses that the controller determines the difference between the actual capacity of the first data node and the predicted capacity of the first data node is greater than a threshold difference) (Rangel, para. 63); and
in response to determining that the first processing node has less than the threshold amount of computing capacity (Rangel discloses that the controller determines the difference between the actual capacity of the first data node and the predicted capacity of the first data node is greater than a threshold difference) (Rangel, para. 63):
receiving, from a lookup service, one or more processing nodes in the computing cluster that have the at least the threshold amount of computing capacity (Rangel discloses that the controller determines that it has the capacity to receive additional data flows or, that it is over capacity and needs to reduce the number of data flows being sent it, then the data node may send an indication to a load balancer to either increase or decrease the number of data flows being sent to it) (Rangel, para. 20);
selecting, a second processing node that has at least the threshold amount of computing capacity (Rangel discloses that the controller may determine to redirect the one or more specific data flow(s) based on the current capacity of the one or more second data node(s) based on the estimated capacity) (Rangel, para. 27).
Rangel does not explicitly disclose receiving, from a lookup service, a list of one or more processing nodes in the computing cluster that have the at least the threshold amount of computing capacity; selecting, from the received list, a second processing node that has at least the threshold amount of computing capacity; and based on the selecting the second processing node, causing the data to be transmitted to a second agent executing on the second processing node, the second agent being configured to process the data and provide the processed data to a backend server system.
In analogous art, Butler teaches receiving, from a lookup service, a list of one or more processing nodes (Butler discloses that the list of UEs 3120 (processing nodes) in a particular location with information about the location of all radio nodes currently associated with the MEC server 3036) (Butler, para. 438) in the computing cluster that have the at least the threshold amount of computing capacity (Butler discloses that the infrastructure capacity plan is generated based on the possible resource capacity allocation actions that could be performed) (Butler, para. 191); and
selecting, from the received list, a second processing node that has at least the threshold amount of computing capacity (Butler discloses that when the edge node 410 becomes overloaded, it uses a peer selection algorithm to select a peer edge node 420 to handle the processing of segments, which the optimal peer edge nodes is chosen for offloading compute tasks and rebalancing the overall load) (Butler, para. 91).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Butler related to receiving a list of processing nodes that have at least the threshold amount of computing capacity and selecting a second processing node that have the at least threshold amount of computing capacity and to combine with Rangel in order to increase the efficiency of selecting the appropriate peer node to handle the processing of compute tasks and rebalance the overall load (Butler, para. 91).
Rangel and Butler does not explicitly disclose based on the selecting the second processing node, causing the data to be transmitted to a second agent executing on the second processing node, the second agent being configured to process the data and provide the processed data to a backend server system.
In analogous art, Choi teaches based on the selecting the second processing node, causing the data to be transmitted to a second agent (Choi discloses that the intelligent edge service receives data from mobile devices or various sensors over a network, analyzes the data, and returns a result or provides the results through applications) (Choi, para. 67) executing on the second processing node, the second agent being configured to process the data and provide the processed data (Choi discloses that selecting the worker server include receiving a list of worker servers (processing nodes) satisfying a preset congestion condition and available resources for execution of the service and selecting the worker server having the I/O congestion level corresponding to the preset condition from the list) (Choi, para. 78) to a backend server system (Choi discloses that the global scheduler of a master server (backend server system) receives information required for executing an application in a virtual environment as well as resource requirements) (Choi, para. 118).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Choi related to causing the data to be transmitted to a second agent executing on a second processing node and to combine with Rangel and Butler in order to enhance the improvement of the service execution performance by optimally allocating resources for the intelligent edge service (Choi, para. 165).
Response to Arguments
Applicant’s arguments, see pages 12-13 of the filed Remarks, filed 01/12/2026, with respect to the rejections of claims 1-8, 10, 13-15, 17, and 20 under 35 USC § 103 as being unpatentable over Rangel and Butler have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Rangel and Butler, and further in view of Choi. As detailed above.
Conclusion
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