Prosecution Insights
Last updated: July 17, 2026
Application No. 18/734,891

VIRTUAL EXECUTION ENVIRONMENT POWER USAGE

Non-Final OA §103
Filed
Jun 05, 2024
Priority
Aug 19, 2022 — continuation of 17/891,916
Examiner
KAMRAN, MEHRAN
Art Unit
2196
Tech Center
2100 — Computer Architecture & Software
Assignee
Intel Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
443 granted / 493 resolved
+34.9% vs TC avg
Moderate +14% lift
Without
With
+14.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
19 currently pending
Career history
519
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
91.0%
+51.0% vs TC avg
§102
1.4%
-38.6% vs TC avg
§112
5.0%
-35.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 493 resolved cases

Office Action

§103
CTNF 18/734,891 CTNF 88803 Notice of Pre-AIA or AIA Status 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. DETAILED ACTION Claims 1-28 are presented for examination. Claim Rejections - 35 USC § 103 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 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. 07-21-aia AIA Claim s 1-4, 8-11 and 15-18 and 22-25 are rejected under 35 U.S.C. 103 as being unpatentable over Bailey (US 10,101,787 B1) in view of Hovhannisyan (US 2021/0027401 A1) . As per claim 1, Bailey teaches At least one non-transitory machine-readable storage medium storing instructions to be executed by at least one machine, the at least one machine to be associated with a cloud service provider system, the cloud service provider system comprising multiple hosts to communicate via at least one network, the multiple hosts comprising respective processors and respective network interface controllers, the respective processors of the multiple hosts to execute multiple virtual execution environments, the instructions, when executed by the at least one machine, resulting in the cloud service provider system being configured for performance of operations comprising: (Bailey [col 8, lines 41-43] non-transitory media, such as floppy diskettes, CD-ROMs, hard drives, random access or read only-memory, or any other machine-readable storage medium. Fig 3 shows a cloud environment with hosts and virtual machines and communication through a network). generating telemetry data associated with the multiple hosts (Bailey Fig 1 and [col 5, lines 10-15] CPU utilization attributable to respective virtual machines 320 is provided with metrics (UVM1) corresponding to those illustrated in FIG. 1. [ col 5, lines 23-32] For example, the manager 345 may be configured to receive metrics regarding the percentage of a physical CPU utilization (U) consumed by a virtual machine 320 (U.sub.VMI) from the virtual machine platform, such as VSphere® from VMware, and store them to the database 355) generating, based upon the telemetry data, host-related power usage data of the multiple hosts, the host-related power usage data being configurable to comprise per-virtual execution environment power usage data, the per-virtual execution environment power usage data indicating respective power usages of each of the multiple virtual execution environments; (Bailey [col 5, lines 23-32] For example, the manager 345 may be configured to receive metrics regarding the percentage of a physical CPU utilization (U) consumed by a virtual machine 320 (U.sub.VMI) from the virtual machine platform, such as VSphere® from VMware, and store them to the database 355. Accordingly, power consumption attributable to each particular VM 320 (e.g., P.sub.VMI) can be calculated by the manager 345 as a function of the CPU utilization attributable to the VM 320 (e.g., U.sub.VMI), respectively (e.g., U.sub.VMI=30%, U.sub.VM2=20%, U.sub.VM3=10% and U.sub.VM4=5%). And [col 6, lines 27-33] Second, the percent CPU utilization attributable to each VM 420 (U vMI) may be used to approximate a proportionate share of network traffic power consumption attributable to each VM 420 Storage) generating, based upon the host-related power usage data, graphical user interface data corresponding to at least one portion of the host-related power usage data; (Bailey Fig 1 and [col 1, lines 52-55] FIG. 1 is a chart illustrating central processing unit (CPU) power consumption as a function of CPU load and its distribution to virtual machines) wherein: the multiple virtual execution environments comprise at least one virtual machine and/or at least one container; (Bailey [col 5, lines 23-32] For example, the manager 345 may be configured to receive metrics regarding the percentage of a physical CPU utilization (U) consumed by a virtual machine 320 (U.sub.VMI) from the virtual machine platform….) the respective processors comprise central processing units to execute the multiple virtual execution environments; (Bailey [col 6, lines 27-33] Second, the percent CPU utilization attributable to each VM 420 (U vMI) may be used to approximate a proportionate share of network traffic power consumption attributable to each VM 420 Storage) the respective data processing units are for use in association with: at least one central processing unit offload operation ; (Bailey [claim 18] causes the processor to balance virtual machine host load across the plurality of virtual machine hosts according to a relation between power consumption and power cost see Fig 3 also showing hosts 1 and 2) The examiner is interpreting this “offload operation“ to be across different hosts (i.e. cpus) .The specification mentions this “offload operation” is quite generic terms ([0053] perform offload of operations that could have been performed by a CPU). at least one storage transaction operation; (Bailey [col 5, lines 1-8] FIG. 3 is a block diagram of power consumption attributable to respective virtual machines (VMs) 320-1, 320-2, 320-3, 320-4 (320 generally) in a virtualized storage environment 300. The virtualized storage environment includes a virtual data center 305 having hosts 310-1, 310-2 (310 generally) hosting virtual machines (VMs) 320-1, 320-2, 320-3, 320-4 (320 generally)….) at least one virtualization operation. (Bailey [col 3, lines 21-22] measure power consumed by a virtualized application); Bailey does not teach the respective network interface controllers are for use in association with packet data communication via the at least one network; the respective network interface controllers comprise respective data processing units and at least one cryptographic operation. However, Hovhannisyan teaches the respective network interface controllers are for use in association with packet data communication via the at least one network; the respective network interface controllers comprise respective data processing units ; (Hovhannisyan [0005] In one aspect, processes and systems determine sustainability metrics based on power usage by resources of the virtual infrastructure [Analogous to Bailey ] . Processes and systems also determine metrics that represent power wasted by idle virtual objects of the virtual infrastructure, reclaimable capacity of resources used by the virtual infrastructure, and determine one or more recommendations for reducing CO.sub.2 emissions and power wastage by the virtual infrastructure based on one or more of the sustainability metrics, the power wasted metrics, and the reclaimable capacity of the objects [0065] For example, a server computer comprises numerous energy consuming resources, such as processors, memory, network interface , and a data-storage device. The energy consumed by the server computer is a sum of the energy consumed by the processors, memory, network interface, and data-storage device and [0091] average network usage may be calculated based on average number of data packets sent and received within the time period; [0010] FIGS. 5A-5B show two types of virtual machine (“VM”) and VM execution environments.) at least one cryptographic operation; (Hovahannisyan [0046] The OVF manifest 606 is a list of cryptographic-hash-function-generated digests 636 of the entire OVF package and of the various components of the OVF package. The OVF certificate 608 is an authentication certificate 640 that includes a digest of the manifest and that is cryptographically signed . Disk image files, such as disk image file 610, are digital encodings of the contents of virtual disks and device files 612 are digitally encoded content, such as operating-system images. A VM or a collection of VMs encapsulated together within a virtual application can thus be digitally encoded as one or more files within an OVF package that can be transmitted, distributed, and loaded using well-known tools for transmitting, distributing, and loading files. A virtual appliance is a software service that is delivered as a complete software stack installed within one or more VMs that is encoded within an OVF package). It would have been obvious to a person in the ordinary skill in the art before the effective filing date of the claimed invention to combine Hovahannisyan with the system of Bailey to use network controllers. One having ordinary skill in the art would have been motivated to use Hovahannisyan into the system of Bailey for the purpose of determining sustainability of virtual infrastructures. (Hovahannisyan paragraph 01) As per claim 2, Bailey teaches the respective data processing units are also for use in association with at least one virtual switch operation. (Bailey [col 5, lines 45-57] FIG. 4 is a block diagram of power consumption attributable to respective switches 425-1, 425-2, 435 in a virtualized storage environment 400. The virtualized storage environment 400 includes a virtual data center 405 having hosts 410-1, 410-2 (410 generally) hosting virtual machines (VMs) 420-1, 420-2, 420-3, 420-4 (420 generally), respectively, connected by virtual switches 425-1, 425-2 (425 generally) and datastores 430-1, 430-2 (330 generally); a switch 435, a network 340 and storage including a storage area network (SAN) 350-1, Internet Small Computer System Interface (iSCSI) 350-2 and network attached storage (NAS) 350-3 (350 generally)) As per claim 3, Hovahannisyan teaches the respective network interface controllers are for use in association with one or more of: at least one on-premises data center; at least one off-premises data center; (Hovahannisyan [0012] FIG. 7 shows virtual data centers provided as an abstraction of underlying physical-data-center hardware components.[0013] FIG. 8 shows virtual-machine components of a virtual-data-center management server and physical servers of a physical data center. [0018] FIG. 13 shows an example of a virtualization layer located above a physical data center.) at least one multi-cloud environment; and/or artificial intelligence and/or machine learning. As per claim 4, Bailey teaches the cloud service provider system is configurable to implement, based upon the host-related power usage data, power management and/or orchestration associated with the multiple hosts and/or the multiple virtual execution environments. (Bailey [col 5, 15-45] As illustrated in FIGS. 2 and 3, example embodiments of the present invention determine a share of power consumption by an application (e.g., a VM 320) executing on a server (e.g., a host 310) by obtaining metrics relating to operation of the server (210) (e.g., P.sub.MAX). Metrics relating to operation of the server may be stored in a database 355 accessible by a manager 345. Additionally, metrics relating to server resource utilization attributable to the application (e.g., the VM 320) (220) (e.g., U.sub.VMI) are obtained. For example, the manager 345 may be configured to receive metrics regarding the percentage of a physical CPU utilization (U) consumed by a virtual machine 320 (U.sub.VMI) from the virtual machine platform, such as VSphere® from VMware, and store them to the database 355. Accordingly, power consumption attributable to each particular VM 320 (e.g., P.sub.VMI) can be calculated by the manager 345 as a function of the CPU utilization attributable to the VM 320 (e.g., U.sub.VMI), respectively (e.g., U.sub.VMI=30%, U.sub.VM2=20%, U.sub.VM3=10% and U.sub.VM4=5%). A transformation is then performed by the manager 345 using the metrics relating to operation of the server (e.g., the host 310) (i.e., P.sub.MAX) and server resource utilization attributable to the application (e.g., the VM 320) (i.e., U.sub.VMI) to determine the respective share of power consumption (U) by the application (e.g., the VM 320) executing on the server (e.g., the host 310) (230). Time series data (e.g., every 30 seconds) can be retained by the manager 345 in the database 355 to create a power consumption history that can be used to calculate overall power consumption by a particular VM 320 over a period of time for use in, for example, charge-back). As to claims 8, 15, 22 they are rejected based on the same reason as claim 1. As to claim 8, Bailey teaches “processor circuitry” ([col 8, lines 34-37] FIG. 6 is a block diagram of an example embodiment manager 630 according to the present invention. The manager 630 includes memory 690 storing program logic 695, a processor 680 and a communications interface 660.) As to claims 9,16,23 they are rejected based on the same reason as claim 2. As to claims 10,17, 24 they are rejected based on the same reason as claim 3. As to claims 11,18,25 they are rejected based on the same reason as claim 4 . 07-21-aia AIA Claim s 5, 12, 19 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Bailey (US 10,101,787 B1) in view of Hovhannisyan (US 2021/0027401 A1) in further view of Subramaniam (US 2022/0104127 A1) . As per claim 5, of Bailey and Hovahannisyan do not teach one or more of the multiple virtual execution environments are configurable to provide telecommunications-related network function virtualization. However, Subramaniam teaches one or more of the multiple virtual execution environments are configurable to provide telecommunications-related network function virtualization. (Subramaniam [0014] According to an implementation, the disclosure relates to the prediction of a lean time interval of CPU utilization of the CU-UP and thereby reduction of the CPU frequency using vUPE data plane development kit (DPDK) application. The method disclosed in the disclosure enables power saving mode for the CU-UP, which will forecast the lean CPU utilization time interval and reduce the CPU frequency, and reassigning the cores for the VNF. This in turn helps to reduce the power utilization of the system, significantly, during the off-peak hours [0013] In accordance with another aspect of the disclosure, an apparatus for power management in a wireless communication system is provided. The apparatus includes a transceiver, a memory, and at least one processor coupled to the transceiver and the memory. The at least one processor is configured to measure network resource utilization levels for a plurality of virtual network functions (VNFs) over a time period based on at least one network parameter from a plurality of network parameters; determine a behavioral pattern of the network resource utilization levels based on a predictive analysis of the measured network resource utilization levels; forecast a lean workload time interval of the network resource utilization levels based on the determined behavioral pattern and current network resource utilization levels of the plurality of VNFs, and adjust CPU core frequencies of a network server based on the forecasted lean workload time interval. [0056] The CPU cores 240 are example cores of CPUs in the telecom data center. In an example, the CPU cores 240 are running at a customized frequency. According to an embodiment of the disclosure, the VNF-AI module 213 predicts a lean workload time period of the CPU cores 240 using the ARIMA time series model. The lean workload time period is a time duration during which utilization of a resource in a VNF is sub-optimal, for example, 50-60% of CPU utilization in the telecom data center during off-peak hours.). It would have been obvious to a person in the ordinary skill in the art before the filing date of the claimed invention to combine Subramaniam with the system of Bailey and Hovahannisyan to run a virtualized function. One having ordinary skill in the art would have been motivated to use Subramaniam into the system of Bailey and Hovahannisyan for the purpose of facilitating a power saving mode in a telecom data center. (Subramaniam paragraph 04) As to claims 12,19,26 they are rejected based on the same reason as claim 5 . 07-21-aia AIA Claim s 6,7,13,14,20,21,27 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Bailey (US 10,101,787 B1) in view of Hovhannisyan (US 2021/0027401 A1) in further view of Thakkar (US 2023/0236904 A1) . As per claim 6, of Bailey and Hovahannisyan do not teach the cloud service provider system is configurable to generate, based upon the host-related power usage data, carbon footprint-related data. However, Thakkar teaches the cloud service provider system is configurable to generate, based upon the host-related power usage data, carbon footprint-related data. (Thakkar [0049] ….Operation 812 represents determining a server device system average power value based on the respective server average power values. Operation 814 represents determining respective carbon footprint values based on location data and the storage device system average power value, the network device system average power value, and the server device system average power value. Operation 816 represents initiating an action to modify the respective carbon footprint values for respective subsequent workloads). It would have been obvious to a person in the ordinary skill in the art before the filing date of the claimed invention to combine Thakkar with the system of Bailey and Hovahannisyan to generate carbon footprint-related data. One having ordinary skill in the art would have been motivated to use Thakkar into the system of Bailey and Hovahannisyan for the purpose of calculating a carbon footprint score (Thakkar paragraph 14) As per claim 7, of Bailey and Hovahannisyan do not teach the respective data processing units comprise programmable packet data processing pipelines for use in association with the packet data communication. However, Thakkar teaches the respective data processing units comprise programmable packet data processing pipelines for use in association with the packet data communication. (Thakkar [0054] One possible communication between a remote component(s) 910 and a local component(s) 920 can be in the form of a data packet adapted to be transmitted between two or more computer processes) It would have been obvious to a person in the ordinary skill in the art before the filing date of the claimed invention to combine Thakkar with the system of Bailey and Hovahannisyan to use packet data communication. One having ordinary skill in the art would have been motivated to use Thakkar into the system of Bailey and Hovahannisyan for the purpose of calculating a carbon footprint score (Thakkar paragraph 14) As to claims 13,20,27 they are rejected based on the same reason as claim 6. As to claims 14,21,28 they are rejected based on the same reason as claim 7 . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20140380069 A1 – discloses determines a system configuration including a hardware module, and determines an adjusted power budget for the hardware module. The adjusted power budget is based on a calculation including a difference between a date code read from the hardware module and a baseline date, a baseline power budget, a power reduction period and a power reduction interval. The calculation may optionally include a risk factor. In alternate embodiments, an adjusted power budget for a hardware module may be calculated by an order processing system for information handling systems, or by a planning tool for a data center which contains information handling systems. US 20210034407 A1 – discloses scheduling a virtual machine are disclosed in. The method includes predicting resource data required by a virtual machine in a next time period to obtain a prediction result; obtaining used resource data and available resource data of candidate host machines; adding the prediction result to used resource data of each candidate host machine to obtain a superimposition result of each candidate host machine; and separately comparing the superimposition result of each candidate host machine with available resource data of each host machine, and selecting a target host machine corresponding to the virtual machine from the candidate host machines. The present disclosure solves the technical problem of a large waste of resources caused by the needs of a host machine to reserve resources for respective peaks of each virtual machine in the existing technologies. US 20190041967 A1 – discloses a plurality of cores to execute instructions, at least some of the plurality of cores to be allocated to a plurality of virtual machines (VMs); and a power controller coupled to the plurality of cores. The power controller may include a power distribution circuit to distribute an energy budget to the at least some of the plurality of cores according to priority information associated with the plurality of VMs. Other embodiments are described and claimed. US 20180088997 A1 – discloses power management circuitry that factors one or more cache parameters (e.g., cache utilization) of an application or VM when determining pCPU-vCPU core remapping. By considering a more robust mix of both processor and cache memory related parameters, system performance and stability are increased by improving CPU and cache utilization and efficiency while reducing cache related issues such as collisions and/or pollution. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEHRAN KAMRAN whose telephone number is (571)272-3401. The examiner can normally be reached on 9-5. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, April Blair can be reached on (571)270-1014. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MEHRAN KAMRAN/ Primary Examiner, Art Unit 2196 Application/Control Number: 18/734,891 Page 2 Art Unit: 2196 Application/Control Number: 18/734,891 Page 3 Art Unit: 2196 Application/Control Number: 18/734,891 Page 4 Art Unit: 2196 Application/Control Number: 18/734,891 Page 5 Art Unit: 2196 Application/Control Number: 18/734,891 Page 6 Art Unit: 2196 Application/Control Number: 18/734,891 Page 7 Art Unit: 2196 Application/Control Number: 18/734,891 Page 8 Art Unit: 2196 Application/Control Number: 18/734,891 Page 9 Art Unit: 2196 Application/Control Number: 18/734,891 Page 10 Art Unit: 2196 Application/Control Number: 18/734,891 Page 11 Art Unit: 2196 Application/Control Number: 18/734,891 Page 12 Art Unit: 2196 Application/Control Number: 18/734,891 Page 13 Art Unit: 2196 Application/Control Number: 18/734,891 Page 14 Art Unit: 2196
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Prosecution Timeline

Jun 05, 2024
Application Filed
May 13, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
99%
With Interview (+14.2%)
2y 7m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 493 resolved cases by this examiner. Grant probability derived from career allowance rate.

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