Prosecution Insights
Last updated: October 27, 2026
Application No. 18/794,405

FUNCTION EXECUTION USING SELECTED EXECUTION MODES

Non-Final OA §102
Filed
Aug 05, 2024
Examiner
THAMMAVONG, PRASITH
Art Unit
2137
Tech Center
2100 — Computer Architecture & Software
Assignee
Dell Products L.P.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
480 granted / 553 resolved
+31.8% vs TC avg
Moderate +8% lift
Without
With
+7.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
22 currently pending
Career history
587
Total Applications
across all art units

Statute-Specific Performance

§101
5.4%
-34.6% vs TC avg
§103
42.4%
+2.4% vs TC avg
§102
26.8%
-13.2% vs TC avg
§112
16.3%
-23.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 553 resolved cases

Office Action

§102
DETAILED ACTION 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 . 1. ACKNOWLEDGEMENT OF REFERENCES CITED BY APPLICANT Information Disclosure Statement As required by M.P.E.P. ' 609 (C), the applicant's submission of the Information Disclosure Statement, dated 8/5/24, is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P. ' 609 C(2), a copy of the PTOL-1449 initialed and dated by the examiner is attached to the instant office action. 2. REJECTIONS BASED ON PRIOR ART In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. Claim Rejections - 35 USC ' 102 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 – (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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Freiman (US 20160021208). With respect to claim 1, the Freiman reference teaches a method, comprising: obtaining information characterizing a plurality of execution modes, selected by a given user, for respective ones of a plurality of software components of an application, wherein the plurality of selected execution modes is selected from a plurality of available execution modes, wherein at least two of the plurality of available execution modes are associated with different amounts of compute resources to allocate to an execution of one or more functions associated with one or more software components; (see fig. 4; and paragraph 58, where the application 302 may receive a selection of a mode setting (see representative blocks in module 306 in FIG. 3), such as a power mode setting, based on for example, user preference or a current load on a processor (e.g., processor 201 of the apparatus 200 and/or other factors). The selection of the mode setting may be inserted (step 404) into the request for content. Similarly, device preferences and/or context information, such as display brightness, display contrast, process load, memory usage, network bandwidth, microphone settings, camera settings, and other device settings, may be retrieved from a computing device 200, processed as necessary, and inserted (step 402) into the request for content) obtaining at least one function, of a given software component of the application, to be executed for the given user; (paragraph 58, where device preferences and/or context information, such as display brightness, display contrast, process load, memory usage, network bandwidth, microphone settings, camera settings, and other device settings, may be retrieved from a computing device 200, processed as necessary, and inserted (step 402) into the request for content) and initiating an execution of the at least one function using the amount of compute resources associated with the selected execution mode of the given user for the given software component; (paragraph 58, where the content may comprises one or more of a first content when the selection of the power mode setting is a low-power power save mode, and a second content when the selection of the power mode setting is a normal power mode, and a third content when the selection of the power mode setting is a performance power mode. Finally, in step 410, the application may output for display the received content such that displaying the first content consumes less power on the apparatus than displaying the second content, and displaying the second content consumes less power on the apparatus than displaying the third content. In short, the appropriate content outputted for display is commensurate with the desired mode setting selected for the computing device 200) wherein the method is performed by at least one processing device comprising a processor coupled to a memory. (see fig. 2; and paragraph 24) With respect to claim 2, the Freiman reference teaches the method of claim 1, wherein a first available execution mode comprises a first amount of compute resources to allocate to the execution of the one or more functions associated with the given software component. (paragraph 58, where device preferences and/or context information, such as display brightness, display contrast, process load, memory usage, network bandwidth, microphone settings, camera settings, and other device settings, may be retrieved from a computing device 200, processed as necessary, and inserted (step 402) into the request for content [which could be more or less ‘compute resources’ depending on the request]) With respect to claim 3, the Freiman reference teaches the method of claim 2, wherein a second available execution mode comprises a second amount of compute resources to allocate to the execution of the one or more functions associated with the one or more software components, wherein the first amount of compute resources is greater than the second amount of compute resources. (paragraph 58, where device preferences and/or context information, such as display brightness, display contrast, process load, memory usage, network bandwidth, microphone settings, camera settings, and other device settings, may be retrieved from a computing device 200, processed as necessary, and inserted (step 402) into the request for content [which could be more or less ‘compute resources’ depending on the request]) With respect to claim 4, the Freiman reference teaches the method of claim 2, wherein a third available execution mode comprises an automatic mode and wherein the amount of the compute resources to allocate to the execution of the one or more functions associated with the one or more software components is based at least in part on a determination of whether an amount of available compute resources satisfies one or more designated criteria. (paragraph 38, where the mode setting (e.g., power mode setting) on a computing device 200 may be based on whether or not a power supply or internal battery is powering the device. Based on information identifying that an internal battery is a current power supply of the computing device 200, the processor 201 may select a desired mode setting for the computing device 200. The information may indicate whether the internal battery is above a predetermined threshold (e.g., at least 50% charged) and/or whether the computing device 200 is plugged into a power outlet. Based on the received information about the power supply of the computing device 200, the power mode setting may be updated) With respect to claim 5, the Freiman reference teaches the method of claim 4, wherein the at least one function is executed in a performance mode in response to the amount of the available compute resources exceeding at least one designated compute resource threshold. (paragraph 38, where the mode setting (e.g., power mode setting) on a computing device 200 may be based on whether or not a power supply or internal battery is powering the device. Based on information identifying that an internal battery is a current power supply of the computing device 200, the processor 201 may select a desired mode setting for the computing device 200. The information may indicate whether the internal battery is above a predetermined threshold (e.g., at least 50% charged) and/or whether the computing device 200 is plugged into a power outlet. Based on the received information about the power supply of the computing device 200, the power mode setting may be updated) With respect to claim 6, the Freiman reference teaches the method of claim 4, wherein the at least one function is executed in a sustainability mode in response to the amount of the available compute resources not exceeding at least one designated compute resource threshold. (paragraph 38, where the mode setting (e.g., power mode setting) on a computing device 200 may be based on whether or not a power supply or internal battery is powering the device. Based on information identifying that an internal battery is a current power supply of the computing device 200, the processor 201 may select a desired mode setting for the computing device 200. The information may indicate whether the internal battery is above a predetermined threshold (e.g., at least 50% charged) and/or whether the computing device 200 is plugged into a power outlet. Based on the received information about the power supply of the computing device 200, the power mode setting may be updated) With respect to claim 7, the Freiman reference teaches the method of claim 1, wherein the obtaining the at least one function comprises obtaining an identifier of the given user associated with the at least one function. (paragraph 52, where the desired mode settings of the local computing device 200 [from the user] may be transmitted to the remote computing device 106 as part of a cookie. For example, the indication of the selection of one or more mode setting may be stored in a cookie by the application 302. The name-value pairs comprising the cookie may be inserted into a header of the request for content) With respect to claim 8, the Freiman reference teaches the method of claim 1, further comprising assigning a score to the execution of the at least one function based at least in part on the amount of compute resources associated with the execution. (paragraph 47, where the module 306 may process one or more inputs to calculate the value of a mode setting, then send that calculated value to an application 302, 304. For example, the processing, e.g., calculations, may be performed in real-time or at a recurring interval of time. The real-time processing may include analyzing current load on one or more processors, current usage of network components, current memory consumption readings, real-time system bus usage, and other hardware/software metrics. Notably, the module 306 may share values of one or more mode settings to a plurality of applications) Claims 9-14 are the apparatus implementation of claims 1-8, and rejected under a similar rationale as shown in the rejections above. The Examiner notes the Freiman reference teaches (see fig. 2 and paragraph 24 the limitations of “at least one processing device comprising a processor coupled to a memory; the at least one processing device being configured to implement” the steps noted above. Claims 15-20 are the non-transitory processor-readable storage medium implementation of claims 1-8, and rejected under a similar rationale as shown in the rejections above. 3. RELEVANT ART CITED BY THE EXAMINER The following prior art made of record and not relied upon is cited to establish the level of skill in the applicant's art and those arts considered reasonably pertinent to applicant's disclosure. See MPEP 707.05(c). The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. These references include: Gupta (US 20220358727), which teaches a system that includes an automatic speech recognition (ASR) module, a natural-language understanding (NLU) module, a dialog manager, one or more agents, an arbitrator, a delivery system, one or more processors, and a non-transitory memory coupled to the processors comprising instructions executable by the processors, the processors operable when executing the instructions to receive a user input, process the user input using the ASR module, the NLU module, the dialog manager, one or more of the agents, the arbitrator, and the delivery system, and provide a response to the user input; and Boychev (US 20210216567), which teaches a visualization generator to generate a visualization based on a comparison of first provisioning requirements from a blueprint to parameters associated with the cloud computing environment, the first provisioning requirements associated with the provisioning of the virtual resource to the cloud computing environment, a blueprint controller to adjust one or more of the first provisioning requirements to one or more second provisioning requirements in response to determining that the first provisioning requirements are not satisfied based on the visualization, and a deployment controller to deploy the virtual resource to the cloud computing environment based on the one or more second provisioning requirements. 4. CLOSING COMMENTS Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRASITH THAMMAVONG whose telephone number is (571) 270-1040. The examiner can normally be reached Monday - Friday 12-8 PM EST. 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) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arpan Savla can be reached on (571) 272-1077. 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. /PRASITH THAMMAVONG/ Primary Examiner, Art Unit 2137
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Prosecution Timeline

Aug 05, 2024
Application Filed
Jul 24, 2026
Non-Final Rejection mailed — §102
Oct 14, 2026
Applicant Interview (Telephonic)
Oct 14, 2026
Examiner Interview Summary

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
95%
With Interview (+7.8%)
2y 10m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 553 resolved cases by this examiner. Grant probability derived from career allowance rate.

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