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 .
Response to Amendment
The amendments filed on November 20, 2025 have been entered. Claims 1, 7-9, 13, and 18-20 are amended. Claims 1-20 remain pending in the application.
Response to Arguments
Applicant’s arguments filed on November 20, 2025 in response to the Non-Final Office Action dated August 27, 2025 have been fully considered.
Applicant amended the Tile of the invention. Therefore, the previous objection to the specification is withdrawn.
Regarding independent claim 1, Applicant argues, in pages 10-11 of the Remarks, “As shown, Liu's user intends to create and add one graphics processing unit (GPU) of the type C. However, Liu's user does not provide user request information comprising a first quantity of at least one hardware computing unit, a second quantity of users, or a resource scheduling manner. Thus, Liu fails to disclose configuring at least one resource pool and at least one running time information or the at least one VF and based on user request information, wherein the user request information comprises a first quantity of the at least one hardware computing unit, a second quantity of users, or a resource scheduling manner.”.
In response, Examiner respectfully disagrees. Paragraph 0056 Liu discloses a user request for one VGPU as stated “As an example, a user intends to create and add one GPU of the type C to a virtual machine.”. Paragraph 0026 discloses one GVPU corresponds to one VM as stated “Each virtual GPU can be provided to one virtual machine for use”. Also see paragraph 0025 discussing one to one correspondence between a VGPU and a VM. Therefore, user request for one VPGU translates into a user request for one VM (first quantity of the at least one hardware computing unit.
Regarding dependent claim 8, applicant argues, in pages 11-12 of the Remarks, that Liu does not teach the limitation.
In response, paragraph 0056 of Liu discloses number of VGPU. Paragraph 0057 discloses time scheduling VGPU. Paragraph 0058 discloses creating a VM for the VGPU based on the resource usage.
Examiner’s Note about the Format of 35 U.S.C. 102/103 Rejections
Generally, limitations of a claim are reproduced identically and followed by examiner’s explanation with citation from prior art in Italic enclosed by a parenthesis, (), for each limitation. In examiner’s explanation, the mapping of the key elements of a limitation to the disclosed elements of prior art is shown by stating the disclosed element immediately followed by the claimed element inside a parenthesis. Specific quotation from prior art is delineated with quotation mark, ““. If primary art fails
to teach a limitation or part of the limitation, the limitation or the part of the limitation is placed inside double square brackets, [[]], for better understandability, and appropriate secondary art(s) is/are applied later addressing the deficiency of the primary art.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The claimed invention is directed towards configuring and scheduling of a virtual function. The title is not indicative of the claimed invention.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (US PGPUB No. US 20180349204 A1), hereinafter, Liu.
Regarding claim 1:
Liu teaches:
A configuration apparatus comprising: a transmission interface; and a processor configured to (Fig. 5 shows an apparatus 500 as explained in paragraph 0081. Fig. 6 shows the hardware detail of the apparatus 500 comprising network interface 605, processor 601 as explained in paragraph 0093):
configure at least one virtual function (VF) (paragraph 0030 discloses configuring a VGPU (virtual function));
configure at least one resource pool and at least one running time information for the at least one VF and based on user request information, wherein the at least one resource pool comprises at least one hardware computing unit, and wherein the user request information comprises a first quantity of the at least one hardware computing unit, a second quantity of users, or a resource scheduling manner (paragraph 0031 discloses allocating resource of physical GPU and a running time slice (running time information) of VGPU. Fig. 1 shows the resource pool comprises plurality of VMs (at least one hardware computing unit) as stated in 0025 “The virtual machine (e.g., VW1, VM2, VM3, and/or VM4) provides computing resources for users.”. Paragraph 0056 discloses a user request for one VGPU as stated “As an example, a user intends to create and add one GPU of the type C to a virtual machine.”. Paragraph 0026 discloses one GVPU corresponds to one VM as stated “Each virtual GPU can be provided to one virtual machine for use”. Also see paragraph 0025 discussing one to one correspondence between a VGPU and a VM. Therefore, user request for one VPGU translates into a user request for one VM (first quantity of the at least one hardware computing unit) ); and
send configuration information through the transmission interface, wherein the configuration information indicates the at least one resource pool and the at least one running time information (paragraph 0042 and 0043 discloses a control system 101 load the configuration to the VGPU via interface.).
As to claim 2, the rejection of claim 1 is incorporated. Liu teaches all the limitations of claim 1 as shown above.
Liu further teaches wherein the at least one hardware computing unit is based on physical division of an acceleration apparatus (Fig. 1 shows VM is based on the physical division of physical GPU).
As to claim 3, the rejection of claim 2 is incorporated. Liu teaches all the limitations of claim 2 as shown above.
Liu further teaches wherein the acceleration apparatus comprises an artificial intelligence (AI) processor, a graphics processing unit (GPU), a central processing unit (CPU), a Joint Photographic Experts Group encoder (JPEGE), or a Joint Photographic Experts Group decoder (JPEGD) (Fig. 1 shows VM on a physical GPU).
As to claim 4, the rejection of claim 1 is incorporated. Liu teaches all the limitations of claim 1 as shown above.
Liu further teaches wherein the at least one hardware computing unit comprises an artificial intelligence computing core (AIC), a graphics processing unit (GPU) core, a central processing unit (CPU) core, a Joint Photographic Experts Group encoder (JPEGE) processing unit, or a Joint Photographic Experts Group decoder (JPEGD) processing unit (Fig. 1 shows VM on a physical GPU).
As to claim 5, the rejection of claim 1 is incorporated. Liu teaches all the limitations of claim 1 as shown above.
Liu further teaches wherein the configuration information further indicates a correspondence between the at least one resource pool and the at least one hardware computing unit (paragraph 0042 states “The virtual GPU can correspond to a process during actual running. Therefore, processes of virtual GPUs disposed on the same physical GPU wait to be scheduled in the same queue. Each process includes an identity (ID) of a virtual GPU corresponding to the process”).
As to claim 6, the rejection of claim 1 is incorporated. Liu teaches all the limitations of claim 1 as shown above.
Liu further teaches wherein when a first resource pool of the at least one resource pool corresponds to only a first VF of the at least one VF, the first VF independently occupies a first hardware computing unit in the at least one hardware computing unit, or wherein when the first resource pool corresponds to a plurality of VFs in the at least one VF, the VFs occupy the first hardware computing unit in a time-sliced manner based on the at least one running time information (see Fig. 1 showing VGPU1 on VM1. Paragraph 0025 and 0026 disclose each VGPU independently run on respective VM on the physical GPU).
As to claim 7, the rejection of claim 1 is incorporated. Liu teaches all the limitations of claim 1 as shown above.
Liu further teaches wherein the user request information further comprises a type of the at least one hardware computing unit (paragraph 0056 discloses the hardware computing unit is VM as stated “As an example, a user intends to create and add one GPU of the type C to a virtual machine.”).
As to claim 8, the rejection of claim 1 is incorporated. Liu teaches all the limitations of claim 1 as shown above.
Liu further teaches wherein the processor is further configured to further configure the at least one resource pool and the at least one running time information based on resource usage information, and wherein the resource usage information comprises a third quantity of the at least one VF or a usage of the at least one hardware computing unit (paragraph 0056 discloses number of VGPU. Paragraph 0057 discloses time scheduling VGPU. Paragraph 0058 discloses creating a VM for the VGPU based on the resource usage).
Regarding claim 9:
Liu teaches:
A scheduling apparatus comprising: a transmission interface; and a processor configured to (Fig. 5 shows an apparatus 500 with scheduling unit 503 as explained in paragraph 0081. Fig. 6 shows the hardware detail of the apparatus 500 comprising network interface 605, processor 601 as explained in paragraph 0093):
receive configuration information from a configuration apparatus through the transmission interface, wherein the configuration information indicates at least one resource pool and at least one running time information for at least one virtual function (VF), and wherein and is based on user request information, wherein the at least one resource pool comprises at least one hardware computing unit, and wherein the user request information comprises a first quantity of the at least one hardware computing unit, a second quantity of users, or a resource scheduling manner (Fig. 1 shows configuration information is received from the control system 101 by scheduling policy unit 104. Paragraph 0031 discloses configuration information comprises resource of physical GPU and a running time slice (running time information). of VGPU. Fig. 1 shows the resource pool comprises plurality of VMs (at least one hardware computing unit) as stated in 0025 “The virtual machine (e.g., VW1, VM2, VM3, and/or VM4) provides computing resources for users.”.). Paragraph 0056 discloses a user request for one VGPU as stated “As an example, a user intends to create and add one GPU of the type C to a virtual machine.”. Paragraph 0026 discloses one GVPU corresponds to one VM as stated “Each virtual GPU can be provided to one virtual machine for use”. Also see paragraph 0025 discussing one to one correspondence between a VGPU and a VM. Therefore, user request for one VPGU translates into a user request for one VM (first quantity of the at least one hardware computing unit); and
schedule, based on the configuration information, the at least one hardware computing unit to implement a function of the at least one VF (paragraphs 44 and 45 discloses scheduling the VM to implement the VGPU ).
Claim 10 recites similar limitations as claim 2. Accordingly, it is rejected under similar rationale.
Claim 11 recites similar limitations as claim 3. Accordingly, it is rejected under similar rationale.
Claim 12 recites similar limitations as claim 4. Accordingly, it is rejected under similar rationale.
As to claim 13, the rejection of claim 9 is incorporated. Liu teaches all the limitations of claim 9 as shown above.
Liu further teaches wherein the processor is further configured to make at least one first route identifier of the at least one VF correspond to at least one second route identifier of the at least one resource pool (paragraph 0042 disclose ID of the VGPU ).
Claim 14 recites similar limitations as claim 5. Accordingly, it is rejected under similar rationale.
As to claim 15, the rejection of claim 14 is incorporated. Liu teaches all the limitations of claim 14 as shown above.
Liu further teaches wherein the processor is further configured to make at least one first route identifier of the at least one resource pool correspond to at least one second route identifier of the at least one hardware computing unit (paragraph 0042 disclose ID of the VGPU. Fig. 1 shows each VGPU corresponds to a VM in the ).
As to claim 16, the rejection of claim 9 is incorporated. Liu teaches all the limitations of claim 9 as shown above.
Liu further teaches wherein the scheduling apparatus further comprises a cache configured to store the at least one running time information (paragprhe 0027 discloses a scheduling policy unit 104 contains the scheduling information).
Claim 17 recites similar limitations as claim 6. Accordingly, it is rejected under similar rationale.
As to claim 18, the rejection of claim 9 is incorporated. Liu teaches all the limitations of claim 9 as shown above.
Liu further teaches wherein the processor is further configured to: receive a first task of a first virtual machine through the transmission interface; and schedule, based on the configuration information, a first hardware computing unit of the at least one hardware computing unit, in a first resource pool of the at least one resource pool, and corresponding to a first VF that is of the at least one VF and that corresponds to the first task to implement a function (paragraph 0044 discloses a process scheduled on a VGPU and resources are schedule for the VGPU ).
As to claim 19, the rejection of claim 18 is incorporated. Liu teaches all the limitations of claim 18 as shown above.
Liu further teaches wherein the first resource pool corresponds to a plurality of VFs in the at least one VF, wherein the VFs comprise the first VF and a second VF, and wherein the processor is further configured to: send, based on first running time information of the first VF and second running time information of the second VF, a second task of the first VF to the first resource pool through the transmission interface within a first running time period the first VF; and send a third task of the second VF to the first resource pool through the transmission interface within a second running time period of the second VF (paragprhe 0042-0044 each VGPU correspond to respective process and processes are scheduled on different VGPU ).
Regarding claim 20:
Claim 20 is directed towards a configuration method performed by the configuration apparatus of claim 1. Accordingly, it is rejected under similar rationale.
Conclusion
THIS ACTION IS MADE FINAL. 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 KAMAL M HOSSAIN whose telephone number is (571)270-3070. The examiner can normally be reached 9:30-5:30 M-F.
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March 3, 2026
/KAMAL M HOSSAIN/Primary Examiner, Art Unit 2444