DETAILED ACTION
Statement of claims
The present application includes:
Claims 6-8 Cancelled.
Claims 1-5 are pending in the application. Claims 1-5 are being considered on the merits.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/21/2024 and 01/09/2025 . The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claims 1-3, the limitations “an activator configured to …” , “a communication setter configured to …”, “a deriver configured to …” have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses “means” coupled with functional languages “configured to” and “operable to” without reciting sufficient structure to achieve the function. Note that “technical” does not modify “means” with sufficient structure.
A review of the specification does not disclose equivalent structure to perform recited functions for the 35 U.S.C. 112(f) or pre- AIA 35 U.S.C. 112, sixth paragraph limitation.
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.
Claims 1-3 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 pre-AIA the applicant regards as the invention.
Claim elements “an activator configured to …” , “a communication setter configured to …”, “a deriver configured to …” are limitations that invokes 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure ( see FIG. 3, para [0027] – [0031] of the specification), material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Thus, the metes and bounds of claims are vague and indefinite.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Dependent claims 2-3 are affected by the deficiencies of claim 1 above.
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, 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.
Claim(s) 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Toyota et al. ( US 2004/0049524, Toyota hereinafter) in view of WO2016152803, YAMADA TORU et al “Communication system, communication terminal, communication method, and program”, see Publication date :2016-09-29, examiner relies on the attached translation document from IP.com of the WO2016152803, YAMADA, hereinafter.
As to claim 1, Toyota teaches a control device (e.g. “100”, FIG. 3, for “ controlled target device on the client or center side” in para 71) comprising:
an activator (e.g., “OP Server 110”, FIG. 3) configured to cause another virtual machine or another container to activate an application that is activated in a virtual machine ( e.g., para 71, “an OP server 110 for managing the Vm class file (hereinafter abbreviated to a "Vm class"),” and “a Vm operating program (hereinafter referred to simply as a "Vm application")” in para 94) or a container constructed in a server and periodically transmits control information to a control target device (e.g., see FIG. 3, para 71, “providing information to an information terminal (client machine or center server) on the client or center side, and an HTTP server 120 for distributing the Vm class of the monitored/controlled target device on the client or center side.” and [0106] When the client or the center accesses the OP server 110 and operates the monitored/controlled target device connected to the OP server 110, the client or the center starts up an application for making access to the OP server. Subsequent to the startup of the application, the user inputs, into the application, the URL, the Vm class number and the index number of the OP server 110, as well as the items required for the authentication proceedings.
Thus, the “startup of the application” include to activate an application);
a communication setter (e.g., “Vm Management Table”, FIG. 3) configured to perform, in a case where the application has been activated by the activator in the another virtual machine or the another container, setting for enabling communication between the activated application and the control target device (e.g. para 106 and 107 “Subsequent to the startup of the application, the user inputs, into the application, the URL, the Vm class number and the index number of the OP server 110, as well as the items required for the authentication proceedings.
[0107] After setting those items required for the accessing and the items required for the authentication, the application makes accesses the server.
and para [0072] The OP server 110 comprises a Vm management table 130 for the monitored/controlled target device, a Vm class library 140 for the monitored/controlled target device, and a Vm interface class library 150 for control communication of the monitored/controlled target device).
However, Toyota does not teach a deriver configured to derive, as a timing at which the activator activates the application, a timing at which the setting by the communication setter is not performed between transmission of the control information from the application and reception of the control information by the control target device, wherein the activator causes the another virtual machine or the another container to activate the application at the timing derived by the deriver.
KAMEI teaches a deriver configured to derive, as a timing at which the activator activates the application, a timing at which the setting by the communication setter is not performed between transmission of the control information from the application and reception of the control information by the control target device (e.g., see FIG. 4, page 4 wherein “In the application server 15, a plurality of applications are executed, and a cycle for transmitting data to the terminal 10 is set for each application. As shown in FIG. 4, the application server 15 includes a collection unit 1 and a derivation unit 2, and collects transmission cycles for transmitting data of each application. The collection unit 1 may obtain the transmission cycle by monitoring each application and analyzing the transmission cycle, or may be obtained by inputting the transmission cycle to the server administrator”) and page 5, see FIG. 6, “FIG. 6, the application 1 transmits a data transmission request at a timing at which four Wake up periods are provided in a predetermined period. As shown in (2) of FIG. 6, the application 2 transmits a data transmission request at a timing at which three wake up periods are provided in a predetermined period. The collection unit 1 collects different transmission cycles for each application in this way. And the derivation | leading-out part 2 seems that there is no reception omission of the data transmitted by these transmission periods like the rectangular wave shown as the continuous line in FIG. 6 (3) based on the collected several transmission periods. Next, the reception timing is derived. The control unit 3 controls the communication unit 4 so that the Wake up period is started at the timing derived by the deriving unit 2 from the communication unit 4 that was received in the timing period of the dotted rectangular wave”. Thus, a deriver configured to derive, as a timing at which the activator activates the application, a timing at which the setting by the communication setter is not performed between transmission of the control information from the application and reception of the control information by the control target device) ,wherein the activator causes the another virtual machine or the another container to activate the application at the timing derived by the deriver (e.g., see page 5, wherein “FIG. 6, the application 1 transmits a data transmission request at a timing at which four Wake up periods are provided in a predetermined period. As shown in (2) of FIG. 6, the application 2 transmits a data transmission request at a timing at which three wake up periods are provided in a predetermined period., “he control unit 3 controls the communication unit 4 so that the Wake up period is started at the timing derived by the deriving unit 2 from the communication unit 4 that was received in the timing period of the dotted rectangular wave”. Thus, wherein the activator causes the another virtual machine or the another container to activate the application at the timing derived by the deriver).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Toyota with those of KAMEI because both references are directed to related systems addressing similar technical problems within the same field and seek to improve system performance, reliability, and efficiency.
Toyota et al. disclose a control device comprising: an activator configured to cause another virtual machine or another container to activate an application that is activated in a virtual machine or a container constructed in a server and periodically transmits control information to a control target device; a communication setter configured to perform, in a case where the application has been activated by the activator activation unit in the another virtual machine or the another container, setting for enabling communication between the activated application and the control target device while KAMEI et al. teach a deriver configured to derive, as a timing at which the activator activation unit activates the application, a timing at which the setting by the communication setter is not performed between transmission of the control information from the application and reception of the control information by the control target device, wherein the activator causes the another virtual machine or the another container to activate the application at the timing derived by the deriver.
Incorporating the teachings of KAMEI et al. into the system of Toyota et al. would have been a predictable and logical modification, yielding improved operational robustness and efficiency without requiring undue experimentation.
Such a combination would merely involve the substitution or integration of known elements performing their established functions, as taught by KAMEI et al., into the system of Toyota et al., consistent with design incentives and market demands for improved performance and scalability. Moreover, KAMEI et al. explicitly recognize benefits to “reducing wireless terminal power consumption ” (see KAMEI, in page 3) . —that would naturally be desirable in the system of Toyota et al.
Accordingly, to one of ordinary skill in the art would have had a reasonable expectation of success in combining Toyota et al. with KAMEI et al., and the combination represents no more than the predictable use of prior art elements according to their known functions.
As to claim 2, Toyota does not teach wherein the deriver derives, as a timing at which the communication setter starts the setting for enabling communication, a timing at which the setting for enabling communication is able to be completed between reception of the control information transmitted from the application by the control target device and transmission of the next control information. However, KAMEI teaches wherein the deriver derives, as a timing at which the communication setter starts the setting for enabling communication, a timing at which the setting for enabling communication is able to be completed between reception of the control information transmitted from the application by the control target device and transmission of the next control information ((e.g., see page 5, “the control unit 3 is characterized in that the control is performed so that an active period in which the communication unit 4 transmits data is started at the reception timing derived by the deriving unit 2.
Further, the control unit 3 is characterized by causing the communication unit 4 to transition to an inactive period when data transmission is completed.”, “The collection unit 1 collects the time when data from the external network is transmitted, and the derivation unit 2 controls the reception active period to start at the time collected by the collection unit 1.” and “2) There is a method of transmitting a transmission data completion signal (transmission end information) to the eNB 11 when the transmission of transmission data to be transmitted to the terminal 10 is completed, and the eNB 11 transfers the transmission end information to the terminal 10.” In page 8) .
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Toyota by adopting the teachings of KAMEI to “reducing wireless terminal power consumption ” (see KAMEI, in page 3) .
As to claim 3, Toyota does not teach wherein, in a case where there is a plurality of the control target devices, the deriver derives, as a timing at which the communication setter starts the setting for enabling communication, a timing at which the setting for enabling communication is able to be completed in all the control target devices between reception of the control information transmitted from the application by the control target devices and transmission of the next control information. However, KAMEI teaches a plurality of the control target devices, the deriver derives, as a timing at which the communication setter starts the setting for enabling communication, a timing at which the setting for enabling communication is able to be completed in all the control target devices between reception of the control information transmitted from the application by the control target devices and transmission of the next control information (e.g., see page 5, “the control unit 3 is characterized in that the control is performed so that an active period in which the communication unit 4 transmits data is started at the reception timing derived by the deriving unit 2.
Further, the control unit 3 is characterized by causing the communication unit 4 to transition to an inactive period when data transmission is completed.”, “The collection unit 1 collects the time when data from the external network is transmitted, and the derivation unit 2 controls the reception active period to start at the time collected by the collection unit 1.” and “2) There is a method of transmitting a transmission data completion signal (transmission end information) to the eNB 11 when the transmission of transmission data to be transmitted to the terminal 10 is completed, and the eNB 11 transfers the transmission end information to the terminal 10.” In page 8) .
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Toyota by adopting the teachings of KAMEI to “reducing wireless terminal power consumption ” (see KAMEI, in page 3) .
As to claim 4, see rejection of claims 1 and 2 above. Toyota teaches further a server comprising: an activation instruction receiver (see FIG. 3). However, Toyota does not teach a notifier configured to notify the control device of a transmission timing at which the application has transmitted control information to the control target device and a reception completion timing at which the control information has been received by the control target device. KAMEI teaches a notifier configured to notify the control device of a transmission timing at which the application has transmitted control information to the control target device (see FIG. 6, page 7 “FIG. 6, the application 1 transmits a data transmission request at a timing at which four Wake up periods are provided in a predetermined period. As shown in (2) of FIG. 6, the application 2 transmits a data transmission request at a timing at which three wake up periods are provided in a predetermined period. The collection unit 1 collects different transmission cycles for each application in this way. And the derivation | leading-out part 2 seems that there is no reception omission of the data transmitted by these transmission periods like the rectangular wave shown as the continuous line in FIG. 6 (3) based on the collected several transmission periods. Next, the reception timing is derived. The control unit 3 controls the communication unit 4 so that the Wake up period is started at the timing derived by the deriving unit 2 from the communication unit 4 that was received in the timing period of the dotted rectangular wave”) and a reception completion timing at which the control information has been received by the control target device (see page 8, “transmitting a transmission data completion signal (transmission end information) to the eNB 11 when the transmission of transmission data to be transmitted to the terminal 10 is completed, and the eNB 11 transfers the transmission end information to the terminal 10.”).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Toyota by adopting the teachings of KAMEI to “reducing wireless terminal power consumption ” (see KAMEI, in page 3) .
As to claim 5, see rejection of claims 1 and 4 above. Toyota teaches further a control system comprising a control device and a server, the control device ( see FIG. 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure .
B S (US 2018/0300164) discloses a system and method for migrating virtual machines. For example, a target hypervisor of a target device may determine whether bandwidth exists on the target device to migrate a source set of virtual machines from a source device. The target hypervisor may determine whether bandwidth exists by: determining whether a source total amount of bandwidth is less than an available target total amount of bandwidth on the target set of host bus adaptors; and, responsive to determining that the source total amount of bandwidth is less than the available target total amount of bandwidth, moving a first target virtual host bus adaptor of the target set of virtual machines across the target set of host bus adaptors to make available the source total amount of bandwidth to migrate the source set of virtual machines. Responsive to determining that the source total amount of bandwidth exists, the source set of virtual machines may be migrated to the target device.
Nishijima (US 2016/0212237) discloses A management server manages a transfer path within a network, and includes a transmitter and a processor. The transmitter transmits a request to activate a virtual machine included in the transfer path, and a request to activate an application that executes, as a substitute for the virtual machine, a transfer process executed by the virtual machine until the virtual machine is activated. The processor sets a first path including an execution device that executes an application in the transfer path when the application has been activated. The processor performs a control for switching the first path to a second path in which the execution device in the first path is replaced with the virtual machine after the virtual machine has been activated.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDOU K SEYE whose telephone number is (571)270-1062. The examiner can normally be reached M-F 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pierre Vital can be reached at 5712724215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDOU K SEYE/Examiner, Art Unit 2198
/PIERRE VITAL/Supervisory Patent Examiner, Art Unit 2198
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