CTNF 18/683,769 CTNF 91535 DETAILED ACTION 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-4, 7-11, 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over TAKASHI (JP 2021105772 A) in view of MASAFUMI ET AL. (JP 2013186644 A) (hereinafter “MASAFUMI”) . With respect to Claim(s) 1, 8 , TAKASHI teaches resource usage forecast management system/method and the BRI of: A monitoring device/computer-readable non-transitory recording medium ( See, e.g., Fig(s). 1 ) comprising a processor ( See, e.g., Fig(s). 1 ) configured to execute operations comprising: identifying, based on information on a processing status of a first application and a processing status of a second application, a third application which is running out of throughput among the first and second applications ( See, e.g., ¶ 0002, 0018, 0019, 0023, 0025-0027, 0059 ; See also, e.g., Fig(s). 1 | Cited Document describes an information system that executes an application using a container by container-type virtualization, and scales the container assigned to the application based on the resource usage of the application.), wherein the first application is implemented by a containerized application, and the second application is implemented by a non-containerized application ( See, e.g., ¶ 0002, 0018, 0019, 0023, 0025-0027, 0059 ; See also, e.g., Fig(s). 1 | Cited Document describes an information system that executes an application using a container by container-type virtualization, and scales the container assigned to the application based on the resource usage of the application.); expanding throughput of the second application in a case where the second application is identified as running out of throughput ( See, e.g., ¶ 0002, 0018, 0019, 0023, 0025-0027, 0059 ; See also, e.g., Fig(s). 1 | Cited Document describes an information system that executes an application using a container by container-type virtualization, and scales the container assigned to the application based on the resource usage of the application.). However, TAKASHI is lacking the explicit language of: restricting data flowing to the second application; canceling data restriction for the second application; and reflecting data occurring during the throughput expansion of the second application in a case where the throughput of the second application is expanded. MASAFUMI teaches a service ordering system and the BRI of: restricting data flowing to a application; canceling data restriction for the application; and reflecting data occurring during the throughput expansion of the second application in a case where the throughput of the application is expanded ( See, e.g., ¶ 0050-0055 | Cited Document describes that in a service order system provided with a virtual machine for processing a service application, when the virtual machine load exceeds a threshold value, the input of service application data is restricted ("data restriction") and then the resource of the virtual machine is enhanced, and when the resource enhancement is completed, the input of service application data is released ("data restriction is restored")). It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify TAKASHI to include restricting data flowing to a application; canceling data restriction for the application; and reflecting data occurring during the throughput expansion of the second application in a case where the throughput of the application is expanded. One of ordinary skill in the art would have been motivated to modify TAKASHI because it would be beneficial to manage resources. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results. With respect to Claim(s) 7 , TAKASHI teaches resource usage forecast management system/method and the BRI of: A computer implemented method, comprising: identifying, based on information on a processing status of the first application and a processing status of the second application, a third application which is running out of throughput among the first and second application ( See, e.g., ¶ 0002, 0018, 0019, 0023, 0025-0027, 0059 ; See also, e.g., Fig(s). 1 | Cited Document describes an information system that executes an application using a container by container-type virtualization, and scales the container assigned to the application based on the resource usage of the application.); expanding throughput of the second application in a case where the second application is identified as running out of throughput ( See, e.g., ¶ 0002, 0018, 0019, 0023, 0025-0027, 0059 ; See also, e.g., Fig(s). 1 | Cited Document describes an information system that executes an application using a container by container-type virtualization, and scales the container assigned to the application based on the resource usage of the application.). However, TAKASHI is lacking the explicit language of: restricting data flowing to the second application; canceling data restriction for the second application; and reflecting data occurring during the throughput expansion of the second application in a case where the throughput of the second application is expanded. MASAFUMI teaches a service ordering system and the BRI of: restricting data flowing to a application; canceling data restriction for the application; and reflecting data occurring during the throughput expansion of the second application in a case where the throughput of the application is expanded ( See, e.g., ¶ 0050-0055 | Cited Document describes that in a service order system provided with a virtual machine for processing a service application, when the virtual machine load exceeds a threshold value, the input of service application data is restricted ("data restriction") and then the resource of the virtual machine is enhanced, and when the resource enhancement is completed, the input of service application data is released ("data restriction is restored")). It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify TAKASHI to include restricting data flowing to a application; canceling data restriction for the application; and reflecting data occurring during the throughput expansion of the second application in a case where the throughput of the application is expanded. One of ordinary skill in the art would have been motivated to modify TAKASHI because it would be beneficial to manage resources. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results. With respect to Claim(s) 2, 9, 14 , TAKASHI, MASAFUMI teaches the BRI of the parent claim(s). TAKASHI further teaches the BRI of: expanding throughput of the first component in a case where the first component is identified as running out of throughput ( See, e.g., ¶ 0002, 0018, 0019, 0023, 0025-0027, 0059 ; See also, e.g., Fig(s). 1 | Cited Document describes an information system that executes an application using a container by container-type virtualization, and scales the container assigned to the application based on the resource usage of the application.). With respect to Claim(s) 3, 10, 15 , TAKASHI, MASAFUMI teaches the BRI of the parent claim(s). TAKASHI further teaches the BRI of: the second application is a database ( See, e.g., ¶ 0002, 0018, 0019, 0023, 0025-0027, 0059 ; See also, e.g., Fig(s). 1 | Cited Document describes an information system that executes an application using a container by container-type virtualization, and scales the container assigned to the application based on the resource usage of the application.), expending throughput of the second application in a case where the second application is identified as running out of throughput ( See, e.g., ¶ 0002, 0018, 0019, 0023, 0025-0027, 0059 ; See also, e.g., Fig(s). 1 | Cited Document describes an information system that executes an application using a container by container-type virtualization, and scales the container assigned to the application based on the resource usage of the application.). MASAFUMI further teaches the BRI of: restricting data to be stored in the application; canceling data restriction for the application; and reflecting data occurring during the throughput expansion of the second application in a case where the throughput of the application is expanded ( See, e.g., ¶ 0050-0055 | Cited Document describes that in a service order system provided with a virtual machine for processing a service application, when the virtual machine load exceeds a threshold value, the input of service application data is restricted ("data restriction") and then the resource of the virtual machine is enhanced, and when the resource enhancement is completed, the input of service application data is released ("data restriction is restored")). It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify TAKASHI to include restricting data flowing to a application; canceling data restriction for the application; and reflecting data occurring during the throughput expansion of the second application in a case where the throughput of the application is expanded. One of ordinary skill in the art would have been motivated to modify TAKASHI because it would be beneficial to manage resources. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results. With respect to Claim(s) 4, 11, 16 , TAKASHI, MASAFUMI teaches the BRI of the parent claim(s). MASAFUMI further teaches the BRI of: restoring data occurring during the throughput expansion to the second application by data traffic per unit time which satisfies a condition that the processing throughput of the second application after the throughput expansion does not run out ( See, e.g., ¶ 0050-0055 | Cited Document describes that the input of service application data is regulated ("data restriction") before enhancement of resources of virtual machines, and since it is understood that this is intended to perform processing that matches the processing capacity of the current resources, POSITA would perform processing that matches the processing capacity of the enhanced resources even after the resources are enhanced) . 07-21-aia AIA Claim (s) 5, 12, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over the cited reference(s) of the parent claim(s) in view of TORU ET AL. (JP 2015156058 A) (hereinafter “TORU”) . With respect to Claim(s) 5, 12, 17 , TAKASHI, MASAFUMI teaches the BRI of the parent claim(s). MASAFUMI further teaches the BRI of: the data represents a plurality of data types, and restoring data occurring during the throughput expansion to the second application occurring during the throughput expansion ( See, e.g., ¶ 0050-0055 | Cited Document describes that in a service order system provided with a virtual machine for processing a service application, when the virtual machine load exceeds a threshold value, the input of service application data is restricted ("data restriction") and then the resource of the virtual machine is enhanced, and when the resource enhancement is completed, the input of service application data is released ("data restriction is restored")). However, TAKASHI is lacking the explicit language of: restoring data in the order of priority of the data based on the priority of each data type. TORU teaches priority control of cache and the BRI of: restoring data in the order of priority of the data based on the priority of each data type ( See, e.g., ¶ 0034 ). It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify TAKASHI to include restoring data in the order of priority of the data based on the priority of each data type. One of ordinary skill in the art would have been motivated to modify TAKASHI because it would be beneficial to improve performance. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results . 07-21-aia AIA Claim (s) 6, 13, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over the cited reference(s) of the parent claim(s) in view of YUICHI (JP 2007323193 A) . With respect to Claim(s) 6, 13, 18 , TAKASHI, MASAFUMI teaches the BRI of the parent claim(s). TAKASHI further teaches the BRI of: collect and process data acquired from a monitoring target ( See, e.g., ¶ 0002, 0018, 0019, 0023, 0025-0027, 0059 ; See also, e.g., Fig(s). 1 | Cited Document describes an information system that executes an application using a container by container-type virtualization, and scales the container assigned to the application based on the resource usage of the application.). However, TAKASHI is lacking the explicit language of: display the data in a predetermined format or to send alert notification on the basis of determination on a condition. YUICHI teaches detecting abnormality of performance load and the BRI of: display the data in a predetermined format or to send alert notification on the basis of determination on a condition ( See, e.g., ¶ 0022 ). It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify TAKASHI to include display the data in a predetermined format or to send alert notification on the basis of determination on a condition. One of ordinary skill in the art would have been motivated to modify TAKASHI because it would be beneficial to detecting abnormality of performance load. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND NIMOX whose telephone number is (469)295-9226. 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RAYMOND NIMOX Primary Examiner Art Unit 2857 /RAYMOND L NIMOX/Primary Examiner, Art Unit Application/Control Number: 18/683,769 Page 2 Art Unit: 2857 Application/Control Number: 18/683,769 Page 3 Art Unit: 2857 Application/Control Number: 18/683,769 Page 4 Art Unit: 2857 Application/Control Number: 18/683,769 Page 5 Art Unit: 2857 Application/Control Number: 18/683,769 Page 6 Art Unit: 2857 Application/Control Number: 18/683,769 Page 7 Art Unit: 2857 Application/Control Number: 18/683,769 Page 8 Art Unit: 2857 Application/Control Number: 18/683,769 Page 9 Art Unit: 2857 Application/Control Number: 18/683,769 Page 10 Art Unit: 2857 Application/Control Number: 18/683,769 Page 11 Art Unit: 2857
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