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 .
Response to Arguments
Applicant's arguments filed 10/16/2025 about the double patenting have been fully considered but they are not persuasive. The Applicant stated “The Examiner advised that a timely filed terminal disclaimer in compliance with 37 C.F.R ….overcome the double patenting rejection. Accordingly, a terminal disclaimer is filed herewith”. Therefore, the double patenting rejection is firmed.
Examiner agrees with Applicant’s argument about the 35 U.S.C 101 based on the amendment filed on 10/16/2026, therefore, the previous rejection was withdraw.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Omum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of Patent No. 12.050.626. Although the conflicting are not patentably distinct from each other because since the claims of the Patent No. 12.050.626 contains every element of the claims of the instant application, and as such, anticipate the claims of the instant application. (see table below).
Instant Application claim 1
Patent No. 12.050.626 claim 1
A system comprising: one or more processors; and a machine readable storage medium storing instructions that, when executed by the one or more processors, cause the system to:
receive a first time series dataset from a sensor of a monitored processor;
group the first time series dataset into a plurality of clusters;
using an unsupervised machine learning model, combine a subset of the plurality of clusters by data signature similarities to form a plurality of motifs;
combine the plurality of motifs into one or more shapelets, wherein the one or more shapelets correspond with similar data signatures across different times where a same software application is executed at the monitored processor and the similar data signatures correspond with the same software application;
train a supervised machine learning model using the plurality of motifs and the one or more shapelets as input to the supervised machine learning model; predict a second time series dataset using the plurality of motifs; and
initiate an action based on the prediction of the second time series dataset, wherein the action comprises: determining that the monitored processor corresponds with an overutilization at a particular time; and
transmitting an electronic communication to an account associated with the monitored processor, wherein the electronic communication suggests reducing additional utilization of the monitored processor after the particular time
A system comprising: one or more processors; and a machine readable storage medium storing instructions that, when executed by the one or more processors, cause the system to:
receive a first time series dataset from a sensor of a monitored processor;
group the first time series dataset into a plurality of clusters;
using an unsupervised machine learning model, combine a subset of the plurality of clusters by data signature similarities to form a plurality of motifs;
combine the plurality of motifs into one or more shapelets, wherein the one or more shapelets correspond with similar data signatures across different times where a same software application is executed at the monitored processor and the similar data signatures correspond with the same software application;
train a supervised machine learning model using the plurality of motifs and the one or more shapelets as input to the supervised machine learning model; predict a second time series dataset using the plurality of motifs; and
initiate an action based on the prediction of the second time series dataset, wherein the action comprises: determining that the monitored processor corresponds with an overutilization at a particular time; and
transmitting an electronic communication to an account associated with the monitored processor, wherein the electronic communication suggests reducing additional utilization of the monitored processor after the particular time.
Reasons for Allowance
Claims 1-20 would be allowed. (if rewritten to overcome the rejection under 35 USC § 101, obvious double patenting and to include all of the limitations of the base claim and any intervening claims)
The following is an examiner’s statement of reason for allowance:
With respect to claims 1-20, Zink et al. (U.S. Pat. 10789,495 B2) discloses Shapelet data is provided by the sensor processor 130 to the object signature detector 140 (group or cluster) to formular one or more object signature (115) and the object signature data and shapelet data may also be output a machine engine 145 (col. 4, lines 3-10). Further, Rasmus-Vorrath et al. (U.S. Pub. 2023/0076947 A1) discloses collect time based senor (fig 31) and use model validation submodule to validate data based on retrain and initialization to output the current predictive model (fig. 31)(0075-76), further using the shapelet analysis to using live model selection, the current condition may be processed, e.g., in real time , to produce a shapelet or to the rfeatur ethat is compare against corresponding characteristics for the various clusters associated with the various available models (0399). Furthermore, Law (U.S. Pub. 2020/0258157 A1) discloses monitor time series data (fig. 3, 304, 340) and identify pattern (motits) (0004)(fig. 9A), predict future activity, for train a supervised machine learning model using the plurality of motits (712(fig. 9A), creating the T2 (714)(fig. 9A) and predict a future event may be predicted by extrapolating another link in the chain (0208) but Zink, Rasmus-Vorrath and Law do not disclosecombine the plurality of motifs into one or more shapelets, wherein the one or more shapelets correspond with similar data signatures across different times where a same software application is executed at the monitored processor and the similar data signatures correspond with the same software application, train a supervised machine learning model using the plurality of motifs and the one or more shapelets as input to the supervised machine learning model; predict a second time series dataset using the plurality of motifs; and initiate an action based on the prediction of the second time series dataset, wherein the action comprises: determining that the monitored processor corresponds with an overutilization at a particular time; and transmitting an electronic communication to an account associated with the monitored processor, wherein the electronic communication suggests reducing additional utilization of the monitored processor after the particular time.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG T VY whose telephone number is (571)272-1954. The examiner can normally be reached on M-F 8-5.
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/HUNG T VY/Primary Examiner, Art Unit 2163 December 29, 2025