DETAILED ACTION
Acknowledgments
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in reply to the response filed on 07/29/2026.
Claims 6 and 7 have been canceled.
Claims 1-5 and 8-11 are currently pending and have been examined.
Response to Arguments
Arguments and Assertions by the Applicant
Applicant’s arguments received 07/29/2026 with respect to the prior art rejections have been considered but are moot in view of the new ground(s) of rejection.
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 1-5 and 8-11 are rejected under U.S.C. 103 as being unpatentable over Li et al. (USPGP 2013/0212410 A1) hereinafter LI, in view of Kinoshita et al. (USPGP 2023/0324181 A1), hereinafter KINOSHITA.
Claims 1, 8, 9, and 11:
LI as shown below discloses the following limitations:
A virtual machine allocation apparatus configured to perform allocation of virtual machines to a plurality of bases to which supply of electric power is performed by renewable energy power generation, the virtual machine allocation apparatus comprising: (see at least paragraphs 0123, 0105, 0125)
a processor; (see at least Figure 28 as well as associated and related text)
a memory that includes instructions, which when executed, cause the processor to execute a method, said method including: (see at least Figure 28 as well as associated and related text)
acquiring, for each base, …and a predicted value of power consumption; (see at least paragraphs 0137, 0162)
allocating a virtual machine by repeatedly executing processing of selecting a base and a time period in which surplus power of the renewable energy power generation is maximized within a predetermined time length divided into a plurality of time periods at the plurality of bases, allocating the virtual machine selected from a control target virtual machine group including one or more movable virtual machines to the selected base and time period, (see at least paragraphs 0048, 0055, 0123, 0139: Figures 24-28 as well as associated and related text)
excluding the allocated virtual machine from the control target virtual machine group. (see at least paragraphs 0048, 0055, 0123, 0133, 0139, 0164: Figures 24-28 as well as associated and related text)
LI does not specifically disclose:
a predicted value of an amount of power generation of renewable energy power generation
KINOSHITA, however, in at least paragraphs 0002, 0075, 0096, 0098+ does. In this case, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Consequently, it would have been obvious to one of ordinary skill in the art at the effective filing date to combine/modify the method of LI with the technique of KINOSHITA because, “The global energy crisis and environmental concerns (e.g., global warming) have driven the information technology (IT) community into the green computing era. Clean renewable energy sources include solar power and wind power. However, the lack of a performance guarantee when renewable generation is low and/or fluctuating can make such green power unsuitable for IT applications such as, e.g., data centers.” (LI: paragraph 0003). Additionally, there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Accordingly, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Fundamentally, in the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits.
Claims 2-5, 10:
The combination of LI/KINOSHITA discloses the limitations as shown in the rejections above. LI further discloses the following limitations:
wherein the allocating includes setting one or more virtual machines excluding a virtual machine that generates surplus power of the renewable energy power generation when moved from virtual machines for each time period at the plurality of bases as a control target virtual machine group.
wherein the allocating includes selecting a virtual machine having the largest power consumption among the selected time periods from the control target virtual machine group and allocating the virtual machine to the selected base and time period.
wherein, in a case in which there is no surplus power at any base, the allocating includes allocating each virtual machine remaining in the control target virtual machine group to original bases.
wherein, in a case in which there is no surplus power at any base, the allocating includes determining bases serving as allocation destinations of each virtual machine remaining in the control target virtual machine group to improve communication quality relating to the virtual machines.
wherein said method further includes: selecting a base where surplus power is maximized among the plurality of bases, and allocating, to the selected base and time period, a moving load selected from a control target moving load group including one or more moving loads that are movable.
See at least paragraphs 0048, 0055, 0123, 0133, 0139, 0164: Figures 24-28 as well as associated and related text.
CONCLUSION
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Non-Patent Literature:
Hossein Mohammadi Rouzbahani et al. “A review on virtual power plant for energy management.” (2021). Retrieved online 05/20/2026. A review on virtual power plant for energy management
Baris Aksanli. “Datacenter Peak Power Management with Energy Storage Devices.” (2021). Retrieved online 05/20/2026. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwis0cOvh8iUAxVyF1kFHdZWOoAQFnoECBUQAQ&url=https%3A%2F%2Faksanli.sdsu.edu%2Fpapers%2FIC17_Aksanli.pdf&usg=AOvVaw1oS-stKhQjwqgBewfb9dC-&opi=89978449
Simone Accornero. “Data Centers Energy Management: Transition To Renewable Energy Transition data centers to renewable energy with Flexidao's energy management platform for seamless energy data management.” (September 30, 2021). Retrieved online 05/20/2026. Data Centers Energy Management: Moving to Renewable Energy
Foreign Art:
INGELS et al. “Data Center Management Unit (DCMU) E.g. Smart Power Distribution Unit (PDU) Has Power Switches That Contains Inputs And Outputs That Are Coupled To Power Inlets (IN-A,IN-B) And Outlets.” (EP 2372861 A1)
BRA et al. “Wind Farm, Has Control System Which Uses Power From Energy Storage Device To Control DC Link Voltage, Energy Source Torque, Or Grid Side Power Flow.” (EP 2101392 A2)
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/JAMES A REAGAN/Primary Examiner, Art Unit 3697
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