CTNF 18/778,493 CTNF 83390 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. 2. This action is in response to the following communication: Non-provisional Application No. 18/778,493 filed on 07/19/2024. 3. Claims 1-12 are pending. Claims 1, 5 and 9 are independent claims. Specification Objection 4. The disclosure is objected to because of the following informalities: The disclosure consists of abbreviations which are not written out the first time they are used (e.g. CPU, ASIC, OOB, WIFI ). Abbreviations must be written out the first time they are used in the disclosure, again in the abstract, and again in the claims, as the intent of their meaning is likely to be changed over time. Appropriate correction is required. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a). 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. Any amendment to the disclosure must be supported by the disclosure as originally filed. Claim Objections 5. It is noted that Claims 1, 3, 5, 7, 9 and 11 recites alternative/optional use language by referencing “and/or…”. Appropriate corrections are required. Claim Rejections - 35 USC § 112 6. 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. 7. Claims 2, 6 and 10 are rejected under 35 U.S.C. 112 (b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Claims 2, 6 and 10 recites the limitation " accelerator resources " in the claim. There is insufficient antecedent basis for this limitation in the claims. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 8. 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 – 07-08-aia AIA (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. 07-15 AIA 9. Claim s 1-12 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Bandhole et al., U.S. Patent No. 8260893 (hereinafter Bandhole ) . In regards to claim 1 , Bandhole teaches: Cloud computing system for use in association with execution of at least one workload, storage resources for use in association with the compute resources (column 3, lines 18-19), see “the present invention provides an integrated, automated approach to IT workload management ”, (Fig. 2A), see “Elemental Server 210, Target computing Devices 250, Target Network devices 260, Target Storage Devices 270, Resource Management Module 22 , Cluster Management Module 230 , JXML Interace 240”, (FIG. 6), see “is a block diagram illustrating a multi-tier structure of a system 600 for hosting... a data center tier 613. These tiers can be implemented using software and/or hardware. As can be seen in FIG. 6, web tier 605, usability tier 607, middleware tier 609, application logic tier 611 and data center tier 613 are coupled to one another by an internal network 614”, (column 23, lines 51-57), see “data center tier 613 includes various operating system platforms and processors (depicted as computing devices 640(1)-( N)). Computing devices 640(1)-(N) are selectable by the user, and so allow the user to select, for example, the computing hardware and operating system to be employed . Data center tier 613 also includes networking and storage resources , as well (not shown)”, and (column 7, lines 53-65 see “elemental server 210, which employs the IT Abstraction Protocol (ITAP, as ITAP 280), is an operations abstraction and integration server providing comprehensive IT management of heterogeneous servers, network devices, storage devices, and software. Elemental server 210 abstracts vendor-specific implementation complexities typically involved with manually controlling, provisioning, and updating IT resources. The manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches, routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210” (emphasis added). the cloud computing system being configurable for use with remote server resources that are to communicate with the cloud computing system via at least one switch (column 10, lines 9-13), see “server specific operations such as saving a server snapshot, startup, reboot, shutdown, software update, or remote access are done through ITAP agent. network device operations, such as modifying a VLAN membership on a switch, or adding a server to a load balancers to use Telnet or SSH ”, and (column 7, lines 59-65), see “the manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches, routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210”. the cloud computing system comprising: compute resources comprising at least one central processing unit and memory circuitry (column 14, lines 31-36), see “conditions can include time-based, network traffic or communication density, processor utilization, memory utilization, and other such metrics. Servers can be removed from service and replaced without affecting others within the removed server's former cluster or pool”. management resources for use in allocating the compute resources, the storage resources, and the remote server resources for use in the execution of the at least one workload (column 15, lines 27-37), see “a system of the present invention commissions new web servers from a pool of IT resources that can include , for example, servers, software stacks, IP addresses , licenses, network elements, storage units and other such resources ... Subsequently, the system communicates with affected load balancer(s), indicating that the newly-allocated resources are now operational and ready to participate in an improved load- balancing network”, (column 40, lines 63-67, see “reconfiguration comprises allocation of a first managed resource of said plurality of managed resources to said first set of managed resources, said allocation comprises installation of an application to said first managed resource, and said application is configured to accomplish said first activity, and a third set of instructions, executable on said computer system”, and (column 7, lines 54-65), see “an operations abstraction and integration server providing comprehensive IT management of heterogeneous servers, network devices, storage devices, and software. Elemental server 210 abstracts vendor-specific implementation complexities typically involved with manually controlling, provisioning, and updating IT resources. The manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches, routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210” (emphasis added). the management resources are configurable to dynamically reallocate, based upon past resource utilization data, resource utilization prediction data, and machine-learning, the compute resources, the storage resources, and/or the remote server resources for use in the execution of the at least one workload (column 9, lines 18-30), see “decision module 290 autonomously makes decisions regarding the configuration/re-configuration of the system under management, based on current policies, action definitions and other information. In fact, such a management system can be configured to use artificial intelligence, fuzzy logic and similar techniques, to allow such a management system to "learn" appropriate responses to various situations. This can be achieved, for example, by configuring the management system to monitor the results of its allocation/re-allocation decisions, and to determine the desirability of the given outcomes. Such determinations can use, for example, historical data and trending techniques, real-time feedback or other techniques ” (emphasis added). the at least one switch is to process communication that is in accordance with multiple link-layer protocols to enable dynamic allocation and/or dynamic reallocation of at least certain of the compute resources, the storage resources, and/or the remote server resources for use in the execution of the at least one workload (column 7, lines 59-65), see “the manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches , routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210”, (column 9, lines 57-65), see “management server 310 communicates with target computing devices 315 (which include target computing devices 316(1)-(N)) and network devices 320 (which include network devices 321(1)-(N)), as well as other devices and software modules, via a protocol layer 325, which in fact represents communications performed using various network protocols (which, as depicted in FIG. 3, include an ITAP protocol 326 and an alternate network protocol 327)”, and (column 40, claim 24), see “a computer program product comprising: a set of instructions, executable on a computer system, wherein said instructions are configured to implement a management server that manages a distributed computing environment comprising a plurality of managed resources, a first set of said plurality of managed resources is configured to perform a first activity, said management server comprises an elemental server comprising a resource management module, and a proper response learning module, said resource management module is implemented by said set of instructions that comprises: a first set of instructions, executable on said computer system, configured to detect a workload condition of said first set of managed resources, via a network management protocol, wherein said workload condition occurs while said first set performs said first activity, a second set of instructions, executable on said computer system, configured to automatically determine whether said workload condition requires reconfiguration of said first set of managed resources, wherein said second set of instructions are responsive to said first set of instructions, said reconfiguration comprises allocation of a first managed resource of said plurality of managed resources to said first set of managed resources, said allocation comprises installation of an application to said first managed resource, and said application is configured to accomplish said first activity, and a third set of instructions, executable on said computer system, configured to send at least one command to said first managed resource via an information technology abstraction protocol, wherein said third set of instructions are responsive to said second set of instructions, and said at least one command is configured to cause said allocation of said first managed resource to said first set of managed resources, and said proper response learning module is implemented by said set of instructions that comprises: a fourth set of instructions, executable on said computer system, configured to monitor said first set of managed resources after said reconfiguration for an outcome, and a fifth set of instructions, executable on said computer system, configured to store said workload condition, said reconfiguration, and said outcome as historical information, wherein said historical information is used to automatically determine whether a proper response to a future workload condition requires said reconfiguration; and computer readable non-transitory storage media, wherein said set of instructions is encoded in said computer readable non-transitory storage media” (emphasis added). the multiple-link layer protocols are different from each other, at least in part (column 6, line 67- column 7, line 6), see “management layer 120 can communicate with infrastructure 130 using, for example, a secure transmission control protocol/internet protocol (TCP/IP) designated the IT Abstraction Protocol (ITAP), which is discussed subsequently”, and (column 9, lines 57-65), see “management server 310 communicates with target computing devices 315 (which include target computing devices 316(1)-(N)) and network devices 320 (which include network devices 321(1)-(N)), as well as other devices and software modules, via a protocol layer 325, which in fact represents communications performed using various network protocols (which, as depicted in FIG. 3, include an ITAP protocol 326 and an alternate network protocol 327). In regards to claim 2 , Bandhole teaches: the compute resources, accelerator resources, and the storage resources are comprised, at least in part, in one or more pools of resources (column 15, lines 26-30), see “in response to measured increases in web server load, a system of the present invention commissions new web servers from a pool of IT resources that can include, for example, servers, software stacks, IP addresses, licenses, network elements, storage units and other such resources”. In regards to claim 3, Bandhole teaches: the cloud computing system is configurable to use telemetry data from the compute resources, the storage resources, and/or the remote server resources in management related to the compute resources, the storage resources, and/or the remote server resources (column 5, lines 14-19), see “this substantial reduction in user intervention provides a number of advantages, including frequent monitoring/correction, fast response to changing workloads, improved workload management solutions, more efficient use of computing resources, and other such benefits”, and (column 9, lines 18-30), see “in the latter case, decision module 290 autonomously makes decisions regarding the configuration/re-configuration of the system under management, based on current policies, action definitions and other information. In fact, such a management system can be configured to use artificial intelligence, fuzzy logic and similar techniques, to allow such a management system to "learn" appropriate responses to various situations. This can be achieved, for example, by configuring the management system to monitor the results of its allocation/re-allocation decisions, and to determine the desirability of the given outcomes. Such determinations can use, for example, historical data and trending techniques, real-time feedback or other techniques”. In regards to claim 4, Bandhole teaches: the cloud computing system comprises at least one data center; and the at least one data center comprises the compute resources and the storage resources (FIG. 6), see “is a block diagram illustrating a multi-tier structure of a system 600 for hosting... a data center tier 613. These tiers can be implemented using software and/or hardware. As can be seen in FIG. 6, web tier 605, usability tier 607, middleware tier 609, application logic tier 611 and data center tier 613 are coupled to one another by an internal network 614”, (column 23, lines 51-57), see “ data center tier 613 includes various operating system platforms and processors (depicted as computing devices 640(1)-( N)). Computing devices 640(1)-(N) are selectable by the user, and so allow the user to select, for example, the computing hardware and operating system to be employed . Data center tier 613 also includes networking and storage resources , as well (not shown)”, and (column 7, lines 53-65 see “elemental server 210, which employs the IT Abstraction Protocol (ITAP, as ITAP 280), is an operations abstraction and integration server providing comprehensive IT management of heterogeneous servers, network devices, storage devices, and software. Elemental server 210 abstracts vendor-specific implementation complexities typically involved with manually controlling, provisioning, and updating IT resources. The manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches, routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210” (emphasis added). In regards to claim 5 , Bandhole teaches: At least one non-transitory machine-readable memory storing instructions for being executed by circuitry associated with a cloud computing system, the cloud computing system to be used in association with execution of at least one workload, the storage resources are for use in association with the compute resources (column 3, lines 18-19), see “the present invention provides an integrated, automated approach to IT workload management ”, (Fig. 2A), see “Elemental Server 210, Target computing Devices 250, Target Network devices 260, Target Storage Devices 270, Resource Management Module 22 , Cluster Management Module 230 , JXML Interace 240”, (FIG. 6), see “is a block diagram illustrating a multi-tier structure of a system 600 for hosting... a data center tier 613. These tiers can be implemented using software and/or hardware. As can be seen in FIG. 6, web tier 605, usability tier 607, middleware tier 609, application logic tier 611 and data center tier 613 are coupled to one another by an internal network 614”, (column 23, lines 51-57), see “data center tier 613 includes various operating system platforms and processors (depicted as computing devices 640(1)-( N)). Computing devices 640(1)-(N) are selectable by the user, and so allow the user to select, for example, the computing hardware and operating system to be employed . Data center tier 613 also includes networking and storage resources , as well (not shown)”, and (column 7, lines 53-65 see “elemental server 210, which employs the IT Abstraction Protocol (ITAP, as ITAP 280), is an operations abstraction and integration server providing comprehensive IT management of heterogeneous servers, network devices, storage devices, and software. Elemental server 210 abstracts vendor-specific implementation complexities typically involved with manually controlling, provisioning, and updating IT resources. The manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches, routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210” (emphasis added). the cloud computing system being configurable for use with remote server resources that are to communicate with the cloud computing system via at least one switch; the instructions, when executed by the circuitry, resulting in the cloud computing system being configured for performance of operations comprising (column 10, lines 9-13), see “server specific operations such as saving a server snapshot, startup, reboot, shutdown, software update, or remote access are done through ITAP agent. network device operations, such as modifying a VLAN membership on a switch, or adding a server to a load balancers to use Telnet or SSH ”, and (column 7, lines 59-65), see “the manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches, routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210”. the cloud computing system including compute resources, storage resources, and management resources (column 14, lines 31-36), see “conditions can include time-based, network traffic or communication density, processor utilization, memory utilization, and other such metrics. Servers can be removed from service and replaced without affecting others within the removed server's former cluster or pool”. allocating, by the management resources, the compute resources, the storage resources, and the remote server resources for use in the execution of the at least one workload (column 15, lines 27-37), see “a system of the present invention commissions new web servers from a pool of IT resources that can include , for example, servers, software stacks, IP addresses , licenses, network elements, storage units and other such resources ... Subsequently, the system communicates with affected load balancer(s), indicating that the newly-allocated resources are now operational and ready to participate in an improved load-balancing network”, (column 40, lines 63-67, see “reconfiguration comprises allocation of a first managed resource of said plurality of managed resources to said first set of managed resources, said allocation comprises installation of an application to said first managed resource, and said application is configured to accomplish said first activity, and a third set of instructions, executable on said computer system”, and (column 7, lines 54-65), see “an operations abstraction and integration server providing comprehensive IT management of heterogeneous servers, network devices, storage devices, and software. Elemental server 210 abstracts vendor-specific implementation complexities typically involved with manually controlling, provisioning, and updating IT resources. The manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches, routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210” (emphasis added). the compute resources comprise at least one central processing unit and memory circuitry (column 14, lines 31-36), see “conditions can include time-based, network traffic or communication density, processor utilization, memory utilization, and other such metrics. Servers can be removed from service and replaced without affecting others within the removed server's former cluster or pool”. the management resources are configurable to dynamically reallocate, based upon past resource utilization data, resource utilization prediction data, and machine-learning, the compute resources, the storage resources, and/or the remote server resources for use in the execution of the at least one workload (column 9, lines 18-30), see “decision module 290 autonomously makes decisions regarding the configuration/re-configuration of the system under management, based on current policies, action definitions and other information. In fact, such a management system can be configured to use artificial intelligence, fuzzy logic and similar techniques, to allow such a management system to "learn" appropriate responses to various situations. This can be achieved, for example, by configuring the management system to monitor the results of its allocation/re-allocation decisions, and to determine the desirability of the given outcomes. Such determinations can use, for example, historical data and trending techniques, real-time feedback or other techniques ” (emphasis added). the at least one switch is to process communication that is in accordance with multiple link-layer protocols to enable dynamic allocation and/or dynamic reallocation of at least certain of the compute resources, the storage resources, and/or the remote server resources for use in the execution of the at least one workload (column 7, lines 59-65), see “the manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches , routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210”, (column 9, lines 57-65), see “management server 310 communicates with target computing devices 315 (which include target computing devices 316(1)-(N)) and network devices 320 (which include network devices 321(1)-(N)), as well as other devices and software modules, via a protocol layer 325, which in fact represents communications performed using various network protocols (which, as depicted in FIG. 3, include an ITAP protocol 326 and an alternate network protocol 327)”, and (column 40, claim 24), see “a computer program product comprising: a set of instructions, executable on a computer system, wherein said instructions are configured to implement a management server that manages a distributed computing environment comprising a plurality of managed resources, a first set of said plurality of managed resources is configured to perform a first activity, said management server comprises an elemental server comprising a resource management module, and a proper response learning module, said resource management module is implemented by said set of instructions that comprises: a first set of instructions, executable on said computer system, configured to detect a workload condition of said first set of managed resources, via a network management protocol, wherein said workload condition occurs while said first set performs said first activity, a second set of instructions, executable on said computer system, configured to automatically determine whether said workload condition requires reconfiguration of said first set of managed resources, wherein said second set of instructions are responsive to said first set of instructions, said reconfiguration comprises allocation of a first managed resource of said plurality of managed resources to said first set of managed resources, said allocation comprises installation of an application to said first managed resource, and said application is configured to accomplish said first activity, and a third set of instructions, executable on said computer system, configured to send at least one command to said first managed resource via an information technology abstraction protocol, wherein said third set of instructions are responsive to said second set of instructions, and said at least one command is configured to cause said allocation of said first managed resource to said first set of managed resources, and said proper response learning module is implemented by said set of instructions that comprises: a fourth set of instructions, executable on said computer system, configured to monitor said first set of managed resources after said reconfiguration for an outcome, and a fifth set of instructions, executable on said computer system, configured to store said workload condition, said reconfiguration, and said outcome as historical information, wherein said historical information is used to automatically determine whether a proper response to a future workload condition requires said reconfiguration; and computer readable non-transitory storage media, wherein said set of instructions is encoded in said computer readable non-transitory storage media” (emphasis added). the multiple-link layer protocols are different from each other, at least in part (column 6, line 67- column 7, line 6), see “management layer 120 can communicate with infrastructure 130 using, for example, a secure transmission control protocol/internet protocol (TCP/IP) designated the IT Abstraction Protocol (ITAP), which is discussed subsequently”, and (column 9, lines 57-65), see “management server 310 communicates with target computing devices 315 (which include target computing devices 316(1)-(N)) and network devices 320 (which include network devices 321(1)-(N)), as well as other devices and software modules, via a protocol layer 325, which in fact represents communications performed using various network protocols (which, as depicted in FIG. 3, include an ITAP protocol 326 and an alternate network protocol 327). In regards to claim 6 , Bandhole teaches: the compute resources, accelerator resources, and the storage resources are comprised, at least in part, in one or more pools of resources (column 15, lines 26-30), see “in response to measured increases in web server load, a system of the present invention commissions new web servers from a pool of IT resources that can include, for example, servers, software stacks, IP addresses, licenses, network elements, storage units and other such resources”. In regards to claim 7, Bandhole teaches: the cloud computing system is configurable to use telemetry data from the compute resources, the storage resources, and/or the remote server resources in management related to the compute resources, the storage resources, and/or the remote server resources (column 5, lines 14-19), see “this substantial reduction in user intervention provides a number of advantages, including frequent monitoring/correction, fast response to changing workloads, improved workload management solutions, more efficient use of computing resources, and other such benefits”, and (column 9, lines 18-30), see “in the latter case, decision module 290 autonomously makes decisions regarding the configuration/re-configuration of the system under management, based on current policies, action definitions and other information. In fact, such a management system can be configured to use artificial intelligence, fuzzy logic and similar techniques, to allow such a management system to "learn" appropriate responses to various situations. This can be achieved, for example, by configuring the management system to monitor the results of its allocation/re-allocation decisions, and to determine the desirability of the given outcomes. Such determinations can use, for example, historical data and trending techniques, real-time feedback or other techniques”. In regards to claim 8, Bandhole teaches: the cloud computing system comprises at least one data center; and the at least one data center comprises the compute resources and the storage resources (FIG. 6), see “is a block diagram illustrating a multi-tier structure of a system 600 for hosting... a data center tier 613. These tiers can be implemented using software and/or hardware. As can be seen in FIG. 6, web tier 605, usability tier 607, middleware tier 609, application logic tier 611 and data center tier 613 are coupled to one another by an internal network 614”, (column 23, lines 51-57), see “ data center tier 613 includes various operating system platforms and processors (depicted as computing devices 640(1)-( N)). Computing devices 640(1)-(N) are selectable by the user, and so allow the user to select, for example, the computing hardware and operating system to be employed . Data center tier 613 also includes networking and storage resources , as well (not shown)”, and (column 7, lines 53-65 see “elemental server 210, which employs the IT Abstraction Protocol (ITAP, as ITAP 280), is an operations abstraction and integration server providing comprehensive IT management of heterogeneous servers, network devices, storage devices, and software. Elemental server 210 abstracts vendor-specific implementation complexities typically involved with manually controlling, provisioning, and updating IT resources. The manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches, routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210” (emphasis added). In regards to claim 9 , Bandhole teaches: A method implemented using a cloud computing system, the cloud computing system to be used in association with execution of at least one workload, the storage resources are for use in association with the compute resources (column 3, lines 18-19), see “the present invention provides an integrated, automated approach to IT workload management ”, (Fig. 2A), see “Elemental Server 210, Target computing Devices 250, Target Network devices 260, Target Storage Devices 270, Resource Management Module 22 , Cluster Management Module 230 , JXML Interace 240”, (FIG. 6), see “is a block diagram illustrating a multi-tier structure of a system 600 for hosting... a data center tier 613. These tiers can be implemented using software and/or hardware. As can be seen in FIG. 6, web tier 605, usability tier 607, middleware tier 609, application logic tier 611 and data center tier 613 are coupled to one another by an internal network 614”, (column 23, lines 51-57), see “data center tier 613 includes various operating system platforms and processors (depicted as computing devices 640(1)-( N)). Computing devices 640(1)-(N) are selectable by the user, and so allow the user to select, for example, the computing hardware and operating system to be employed . Data center tier 613 also includes networking and storage resources , as well (not shown)”, and (column 7, lines 53-65 see “elemental server 210, which employs the IT Abstraction Protocol (ITAP, as ITAP 280), is an operations abstraction and integration server providing comprehensive IT management of heterogeneous servers, network devices, storage devices, and software. Elemental server 210 abstracts vendor-specific implementation complexities typically involved with manually controlling, provisioning, and updating IT resources. The manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches, routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210” (emphasis added). the cloud computing system being configurable for use with remote server resources that are to communicate with the cloud computing system via at least one switch (column 10, lines 9-13), see “server specific operations such as saving a server snapshot, startup, reboot, shutdown, software update, or remote access are done through ITAP agent. network device operations, such as modifying a VLAN membership on a switch, or adding a server to a load balancers to use Telnet or SSH ”, and (column 7, lines 59-65), see “the manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches, routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210”. the cloud computing system including compute resources, storage resources, and management resources, the method comprising (column 14, lines 31-36), see “conditions can include time-based, network traffic or communication density, processor utilization, memory utilization, and other such metrics. Servers can be removed from service and replaced without affecting others within the removed server's former cluster or pool”. allocating, by the management resources, the compute resources, the storage resources, and the remote server resources for use in the execution of the at least one workload (column 15, lines 27-37), see “a system of the present invention commissions new web servers from a pool of IT resources that can include , for example, servers, software stacks, IP addresses , licenses, network elements, storage units and other such resources ... Subsequently, the system communicates with affected load balancer(s), indicating that the newly-allocated resources are now operational and ready to participate in an improved load-balancing network”, (column 40, lines 63-67, see “reconfiguration comprises allocation of a first managed resource of said plurality of managed resources to said first set of managed resources, said allocation comprises installation of an application to said first managed resource, and said application is configured to accomplish said first activity, and a third set of instructions, executable on said computer system”, and (column 7, lines 54-65), see “an operations abstraction and integration server providing comprehensive IT management of heterogeneous servers, network devices, storage devices, and software. Elemental server 210 abstracts vendor-specific implementation complexities typically involved with manually controlling, provisioning, and updating IT resources. The manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches, routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210” (emphasis added). the compute resources comprise at least one central processing unit and memory circuitry (column 14, lines 31-36), see “conditions can include time-based, network traffic or communication density, processor utilization, memory utilization, and other such metrics. Servers can be removed from service and replaced without affecting others within the removed server's former cluster or pool”. the management resources are configurable to dynamically reallocate, based upon past resource utilization data, resource utilization prediction data, and machine-learning, the compute resources, the storage resources, and/or the remote server resources for use in the execution of the at least one workload (column 9, lines 18-30), see “decision module 290 autonomously makes decisions regarding the configuration/re-configuration of the system under management, based on current policies, action definitions and other information. In fact, such a management system can be configured to use artificial intelligence, fuzzy logic and similar techniques, to allow such a management system to "learn" appropriate responses to various situations. This can be achieved, for example, by configuring the management system to monitor the results of its allocation/re-allocation decisions, and to determine the desirability of the given outcomes. Such determinations can use, for example, historical data and trending techniques, real-time feedback or other techniques ” (emphasis added). the at least one switch is to process communication that is in accordance with multiple link-layer protocols to enable dynamic allocation and/or dynamic reallocation of at least certain of the compute resources, the storage resources, and/or the remote server resources for use in the execution of the at least one workload (column 7, lines 59-65), see “the manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches , routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210”, (column 9, lines 57-65), see “management server 310 communicates with target computing devices 315 (which include target computing devices 316(1)-(N)) and network devices 320 (which include network devices 321(1)-(N)), as well as other devices and software modules, via a protocol layer 325, which in fact represents communications performed using various network protocols (which, as depicted in FIG. 3, include an ITAP protocol 326 and an alternate network protocol 327)”, and (column 40, claim 24), see “a computer program product comprising: a set of instructions, executable on a computer system, wherein said instructions are configured to implement a management server that manages a distributed computing environment comprising a plurality of managed resources, a first set of said plurality of managed resources is configured to perform a first activity, said management server comprises an elemental server comprising a resource management module, and a proper response learning module, said resource management module is implemented by said set of instructions that comprises: a first set of instructions, executable on said computer system, configured to detect a workload condition of said first set of managed resources, via a network management protocol, wherein said workload condition occurs while said first set performs said first activity, a second set of instructions, executable on said computer system, configured to automatically determine whether said workload condition requires reconfiguration of said first set of managed resources, wherein said second set of instructions are responsive to said first set of instructions, said reconfiguration comprises allocation of a first managed resource of said plurality of managed resources to said first set of managed resources, said allocation comprises installation of an application to said first managed resource, and said application is configured to accomplish said first activity, and a third set of instructions, executable on said computer system, configured to send at least one command to said first managed resource via an information technology abstraction protocol, wherein said third set of instructions are responsive to said second set of instructions, and said at least one command is configured to cause said allocation of said first managed resource to said first set of managed resources, and said proper response learning module is implemented by said set of instructions that comprises: a fourth set of instructions, executable on said computer system, configured to monitor said first set of managed resources after said reconfiguration for an outcome, and a fifth set of instructions, executable on said computer system, configured to store said workload condition, said reconfiguration, and said outcome as historical information, wherein said historical information is used to automatically determine whether a proper response to a future workload condition requires said reconfiguration; and computer readable non-transitory storage media, wherein said set of instructions is encoded in said computer readable non-transitory storage media” (emphasis added). the multiple-link layer protocols are different from each other, at least in part (column 6, line 67- column 7, line 6), see “management layer 120 can communicate with infrastructure 130 using, for example, a secure transmission control protocol/internet protocol (TCP/IP) designated the IT Abstraction Protocol (ITAP), which is discussed subsequently”, and (column 9, lines 57-65), see “management server 310 communicates with target computing devices 315 (which include target computing devices 316(1)-(N)) and network devices 320 (which include network devices 321(1)-(N)), as well as other devices and software modules, via a protocol layer 325, which in fact represents communications performed using various network protocols (which, as depicted in FIG. 3, include an ITAP protocol 326 and an alternate network protocol 327). In regards to claim 10 , Bandhole teaches: the compute resources, accelerator resources, and the storage resources are comprised, at least in part, in one or more pools of resources (column 15, lines 26-30), see “in response to measured increases in web server load, a system of the present invention commissions new web servers from a pool of IT resources that can include, for example, servers, software stacks, IP addresses, licenses, network elements, storage units and other such resources”. In regards to claim 11 , Bandhole teaches: the cloud computing system is configurable to use telemetry data from the compute resources, the storage resources, and/or the remote server resources in management related to the compute resources, the storage resources, and/or the remote server resources (column 5, lines 14-19), see “this substantial reduction in user intervention provides a number of advantages, including frequent monitoring/correction, fast response to changing workloads, improved workload management solutions, more efficient use of computing resources, and other such benefits”, and (column 9, lines 18-30), see “in the latter case, decision module 290 autonomously makes decisions regarding the configuration/re-configuration of the system under management, based on current policies, action definitions and other information. In fact, such a management system can be configured to use artificial intelligence, fuzzy logic and similar techniques, to allow such a management system to "learn" appropriate responses to various situations. This can be achieved, for example, by configuring the management system to monitor the results of its allocation/re-allocation decisions, and to determine the desirability of the given outcomes. Such determinations can use, for example, historical data and trending techniques, real-time feedback or other techniques”. In regards to claim 12 , Bandhole teaches: the cloud computing system comprises at least one data center; and the at least one data center comprises the compute resources and the storage resources (FIG. 6), see “is a block diagram illustrating a multi-tier structure of a system 600 for hosting... a data center tier 613. These tiers can be implemented using software and/or hardware. As can be seen in FIG. 6, web tier 605, usability tier 607, middleware tier 609, application logic tier 611 and data center tier 613 are coupled to one another by an internal network 614”, (column 23, lines 51-57), see “ data center tier 613 includes various operating system platforms and processors (depicted as computing devices 640(1)-( N)). Computing devices 640(1)-(N) are selectable by the user, and so allow the user to select, for example, the computing hardware and operating system to be employed . Data center tier 613 also includes networking and storage resources , as well (not shown)”, and (column 7, lines 53-65 see “elemental server 210, which employs the IT Abstraction Protocol (ITAP, as ITAP 280), is an operations abstraction and integration server providing comprehensive IT management of heterogeneous servers, network devices, storage devices, and software. Elemental server 210 abstracts vendor-specific implementation complexities typically involved with manually controlling, provisioning, and updating IT resources. The manual and complex operations needed to provision and update servers with operating systems and applications; to create and control complex network topologies using switches, routers, firewalls, and load balancers; and to provision and control storage for applications are all automated and simplified by elemental server 210” (emphasis added) . Conclusion 07-96 AIA 10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publications Taneja 20240160491 teaches apparatuses, systems, and techniques to use one or more neural networks to predict one or more computing resources to perform one or more workloads are described. Grushka 20230259408 teaches enable systems to efficiently allocate computing resources for various computing workloads through a shared peak resource usage prediction. To achieve this, a predictive model analyzes a historical dataset defining resource usage of a computing environment for a past timeframe, and calculates a peak environment resource usage for a future or current timeframe. In addition, the predictive model estimates a peak number of computing workloads for the computing environment. Using the peak resource usage and/or the peak number of computing workloads, the system derives resource requests for allocating computing resources to a plurality of computing workloads. 11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Evral Bodden whose telephone number is 571-272-3455. The examiner can normally be reached on Monday to Friday from 9am to 5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Cha Do, can be reached at telephone number 571-272-3721. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automatedinterview-request-air-form. If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /EVRAL E BODDEN/Primary Examiner, Art Unit 2193 Application/Control Number: 18/778,493 Page 2 Art Unit: 2193 Application/Control Number: 18/778,493 Page 3 Art Unit: 2193 Application/Control Number: 18/778,493 Page 4 Art Unit: 2193 Application/Control Number: 18/778,493 Page 5 Art Unit: 2193 Application/Control Number: 18/778,493 Page 6 Art Unit: 2193 Application/Control Number: 18/778,493 Page 7 Art Unit: 2193 Application/Control Number: 18/778,493 Page 8 Art Unit: 2193 Application/Control Number: 18/778,493 Page 9 Art Unit: 2193 Application/Control Number: 18/778,493 Page 10 Art Unit: 2193 Application/Control Number: 18/778,493 Page 11 Art Unit: 2193 Application/Control Number: 18/778,493 Page 12 Art Unit: 2193 Application/Control Number: 18/778,493 Page 13 Art Unit: 2193 Application/Control Number: 18/778,493 Page 14 Art Unit: 2193 Application/Control Number: 18/778,493 Page 15 Art Unit: 2193 Application/Control Number: 18/778,493 Page 16 Art Unit: 2193 Application/Control Number: 18/778,493 Page 17 Art Unit: 2193 Application/Control Number: 18/778,493 Page 18 Art Unit: 2193 Application/Control Number: 18/778,493 Page 19 Art Unit: 2193 Application/Control Number: 18/778,493 Page 20 Art Unit: 2193 Application/Control Number: 18/778,493 Page 21 Art Unit: 2193 Application/Control Number: 18/778,493 Page 22 Art Unit: 2193 Application/Control Number: 18/778,493 Page 23 Art Unit: 2193 Application/Control Number: 18/778,493 Page 24 Art Unit: 2193 Application/Control Number: 18/778,493 Page 25 Art Unit: 2193 Application/Control Number: 18/778,493 Page 26 Art Unit: 2193 Application/Control Number: 18/778,493 Page 27 Art Unit: 2193 Application/Control Number: 18/778,493 Page 28 Art Unit: 2193 Application/Control Number: 18/778,493 Page 29 Art Unit: 2193 Application/Control Number: 18/778,493 Page 30 Art Unit: 2193 Application/Control Number: 18/778,493 Page 31 Art Unit: 2193
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