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 .
This office correspondence is in response to the amendment filed on March 23, 2026. Claims 1-12, 14-20, and 22 are amended. Claims 13, and 21 are canceled.
Claims 1-12, 14-20, and 22 are pending.
Response to Arguments
Applicant's arguments filed 03/23/2026 have been fully considered but they are not persuasive.
Applicant argues the prior arts of record fail to disclose the limitation of “processing request received by a network card driver within a preset time period, data processing type corresponding to the data processing requests, and adjusting according to the first or second resource consumption result.”
Examiner respectfully disagrees. The instant application is directed towards virtual resource processing. Kofkin-Hansen discloses allocating virtual resources to physical resources in a computer environment and aggregating the virtual resources, as a virtual resource pool, at a per virtual machine level in the computer environment. The virtual resources in the virtual resource pool determining a resource allocation adjustment as a function of the evaluating. The resource allocation adjustment is configured to achieve a maximum specified virtual machine density and include adjusting the virtual resources based on the resource allocation adjustment. Lists of the physical resources of a computer environment. The resource allocation application through the operating system discovers these physical resources. All of the virtual resources that are allocated or available for allocation. When a new physical resource is added to the computer environment, the properties of the physical resource are added to the model in which expands the number of virtual resources. Likewise, when an existing physical resource is removed from the computer environment, the physical resource is removed from the model. Each of the virtual listed is allocated on a per virtual machine, thus virtual resources are aggregated at the virtual machine level to provide a total aggregate of the available resources of the environment. The model can produce a resource pool that is configured for maximum efficiency. The process evaluates virtual resources (e.g., the vCPUs allocated per virtual machine, the virtual memory allocated per virtual machine, and the virtual NICs allocated per virtual machine) in view of a maximum size of the system hypervisor domain. If the allocation exceeds the maximum size, the process can dynamically adjust the allocation, e.g., allowing more VMs to be created. Likewise, the process evaluates the VMs per vLAN or vSAN in view of Layer 2 network adjacency domain site, maximum available storage input/output operations per second (TOPS), maximum inter-switch link (ISL) hops, and maximum vLANs and vSANs to determine whether re-allocation or adjustment is needed. The adjustment may be one of adding a new virtual machine and reclaiming an existing virtual machine. The maximum specified virtual machine density achieves an optimum deployment of virtual machines to physical resources that is required to provide a desired level of computing performance.
Xiao discloses a host machine that hosts at least one tenant virtual machine (VM) of a particular tenant logical network that accesses service VMs of a particular service logical network. The method, prior to a packet being received at a PFE on the host, intercepts the packet that sent by the tenant VM to one of the services VMs based on a set of forwarding rules. The packet includes a source IP address and a source port number of the tenant VM. The method, prior to the packet leaving the PFE in the host, replaces the source IP address and source port number with a replacement IP address and port number pair from a set of replacement IP address and port number pairs allocated to the host for accessing service VMs. The method sends the modified packet to the PFE to forward the modified packet to the service VM. The logical networks include several tenant logical networks and at least one service logical network that include service VMs that are accessed by VMs of the tenant logical networks. The method defines a group of replacement IP address and port number pairs. Each pair can be used to uniquely identify a VM across all of the tenant logical networks. The method sends to at least one host that is hosting a VM of a particular tenant logical network (for which access is requested to a particular service logical network), a set of replacement IP address and port number pairs. Each replacement IP address and port number pair that is sent to a host can be used by the host to replace a source IP address and a source port number in a packet that is destined from the VM of the particular tenant logical network to a VM of the particular service logical network. The IP mapping and active tunnels” table if the tunnel is not used by any other ongoing sessions. Since there might be multiple VMs on the host that share the tunnel to the same service VM, some embodiments provide a counter that shows the number of sessions using a tunnel. When a session expires, the counter is decremented by one. When the counter is zero, i.e., all sessions are timed out, then the tunnel is removed from the IP mapping and active tunnels table. This adjustment is configured to achieve maximum resources of VMs for load balancing for performance, thus, efficient use of system resources. Therefore, after carefully reviewing the prior arts, the rejection is sustained for this claim.
For at least the foregoing reasons, claims 12, and 14 recite similar features to claim 1. Claims 2-11, 15-20, and 22 each depend from one of the respective independent claims, and rendered obvious by the combination of the prior arts Ramakrishnan, Phillips, and Ludwig for at least the same reasons by virtue of their dependencies. Examiner respectfully sustains the rejections.
Furthermore, as it is Applicant's right to continue to claim as broadly as possible their invention, it is also the Examiner's right to continue to interpret the claim language as broadly as possible. It is the Examiner's position that the detailed functionality that allows Applicant’s invention to overcome the prior art used in the rejection, fails to differentiate in detail how these features are unique. By the rejection above, the applicant must submit amendments to the claims in order to distinguish over the prior art use in the rejection that discloses different features of Applicant's claimed invention.
Applicant has not yet submitted claims drawn to limitations, which distinguishes over the prior art or to significantly narrow definition/scope of the claims and supply arguments commensurate in scope with the claims implies the Applicant intends broad interpretation be given to the claims. It is requested that Applicant clearly and distinctly define the claimed invention.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4-6, 8, 12, and 14-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kofkin-Hansen et al. (US Publication 2018/0067782) hereafter Kofkin-Hansen, in view of Jun Xiao (US Publication 2015/0281059) hereafter Xiao.
As per claim 1, Kofkin-Hansen discloses a virtual resource processing method, comprising: acquiring a data processing request received by a network card driver module (paragraphs 17, 45: virtual NICs are allocated per VM); determining, according to a data processing type corresponding to the data processing request, a first resource consumption result corresponding to a virtual storage module of a target virtual machine and a second resource consumption result corresponding to a virtual network module of the target virtual machine (paragraphs 36, 43-44: resource allocation that are utilized to perform tasks within the cloud environment and consumption of these resources); adjusting, according to the first resource consumption result and/or the second resource consumption result, virtual resources of the virtual storage module and the virtual network module (paragraphs 41-42, 49: dynamically adjusting virtual resources based on the resources allocation adjustment across physical and virtual infrastructures). Although, Kofkin-Hansen discloses allocating and controlling VM and physical resources with all virtual resources and capabilities with time in the cloud environment but he fails to expressly disclose request received by a network card driver module within a preset time period.
However, in the same field of endeavor, Xiao discloses the claimed limitation of request received by a network card driver module within a preset time period (paragraphs 163-166: predetermined session time).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Xiaos’ teaching of accessing the shared cloud services with Kofkin-Hansen. One would be motivated to process virtual resources and have bandwidth requirement limits for storage and network, and distribute tasks effectively with high performance.
As per claim 4, Kofkin-Hansen discloses the virtual resource processing method further comprising: forwarding the first parsing result to a physical network card of a host machine via the network card driver module (paragraphs 45, 50-51); wherein the first parsing result is encapsulated by the physical network card according to a preset network transmission protocol and an encapsulation result is sent by the physical network card to a storage server (paragraphs 39, 42-46). Although, Kofkin-Hansen discloses allocating and controlling VM and physical resources with common protocol, he expressly fails to disclose the first parsing result is encapsulated by the physical network card to a storage server which returns to-be-read data of the target virtual machine according to the first parsing result.
However, in the same field of endeavor, Xias discloses the claimed limitation of the first parsing result is encapsulated by the physical network card to a storage server which returns to-be-read data of the target virtual machine according to the first parsing result (paragraphs 129, 177-178).
The same motivation that was utilized in the combination of claim 1 applies equally as well to claim 4.
As per claim 5, Kofkin-Hansen discloses the virtual resource processing method further comprising: forwarding to-be-distributed data to a physical network card of a host machine via the network card driver module (paragraphs 45, 50-51); wherein the to-be-distributed data is encapsulated by the physical network card according to a preset network transmission protocol and an encapsulation result is sent by the physical network card to at least one virtual machine in a virtual private cloud network, wherein the virtual private cloud network comprises the target virtual machine and the at least one virtual machine (paragraphs 45, 48-51, 54).
As per claim 6, Kofkin-Hansen discloses the virtual resource processing method further comprising: determining a first to-be-consumed virtual resource of the virtual storage module based on an adjustment result; wherein the first to-be-consumed virtual resource comprises a first to-be-consumed bandwidth occupancy corresponding to the virtual storage module; wherein the encapsulation result is sent by the physical network card to the storage server by using the first to-be-consumed virtual resource (paragraphs 41-42, 49-50).
As per claim 8, Kofkin-Hansen discloses the virtual resource processing method wherein the method further comprises: determining a second to-be-consumed virtual resource of the virtual network module based on an adjustment result wherein the second to-be-consumed virtual resource comprises a second to-be-consumed bandwidth occupancy corresponding to the virtual network module (paragraphs 41-42, 49); forwarding to-be-distributed data in a virtual machine memory to a physical network card of a host machine via the network card driver module (paragraphs 45, 50-51). Although, Kofkin-Hansen discloses allocating and controlling VM and physical resources with common protocol, he expressly fails to disclose wherein the to-be-distributed data is encapsulated by the physical network card according to a preset network transmission protocol and an encapsulation result is sent by the physical network card to at least one virtual machine in a virtual private cloud network by using the second to-be-consumed virtual resource, wherein the virtual private cloud network comprises the target virtual machine and the at least one virtual machine.
However, in the same field of endeavor, Xiao discloses the claimed limitation of wherein the to-be-distributed data is encapsulated by the physical network card according to a preset network transmission protocol and an encapsulation result is sent by the physical network card to at least one virtual machine in a virtual private cloud network by using the second to-be-consumed virtual resource, wherein the virtual private cloud network comprises the target virtual machine and the at least one virtual machine (paragraphs 129, 177-178).
The same motivation that was utilized in the combination of claim 1 applies equally as well to claim 8.
Claim 12 is an Independent claim with similar limitation but different in preamble and hence are rejected based on the rejection provided in claim 1.
Claim 14 is an Independent claim with similar limitation but different in preamble and hence are rejected based on the rejection provided in claim 1
Claims 15-20 are listed all the same elements of claims 2-7 respectively. Therefore, the supporting rationales of the rejection to claims 2-7 apply equally as well to claims 15-20, respectively.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kofkin-Hansen et al. (US Publication 2018/0067782) hereafter Kofkin-Hansen, in view of Jun Xiao (US Publication 2015/0281059) hereafter Xiao, in further view of Daniel J. Beveridge (US Publication 2015/0212857) hereafter Beveridge.
As per claim 9, Kofkin-Hansen discloses the virtual resource processing method wherein determining, according to the data processing types corresponding to the data processing requests, the first resource consumption result corresponding to the virtual storage module of the target virtual machine and the second resource consumption result corresponding to the virtual network module of the target virtual machine comprises: performing, according to the data processing types corresponding to the data processing requests via a flow sensing sub-module in a flow adapting module (paragraphs 36, 43-44); determining, according to a statistical result of the access flows, the first resource consumption result corresponding to the virtual storage module and the second resource consumption result of the virtual network module (paragraphs 41-42, 49). Although, Kofkin-Hansen discloses allocating and controlling VM and physical resources with all virtual resources and capabilities with time in the cloud environment but he fails to expressly disclose statistics on access flows in the virtual storage module and the virtual network module of the target virtual machine within the preset time period.
However, in the same field of endeavor, Xiao discloses the claimed limitation of statistics on access flows in the virtual storage module and the virtual network module of the target virtual machine within the preset time period (paragraphs 163-166: predetermined session time).
The same motivation that was utilized in the combination of claim 1 applies equally as well to claim 9.
Although, Kofkin-Hansen-Xiao discloses allocating and controlling VM and physical resources with all virtual resources and capabilities for efficient could service, fail to expressly discloses wherein performing, according to the data processing types corresponding to the data processing requests, statistics on the access flows in the virtual storage module and the virtual network module within the preset time period comprises: performing, according to data processing types corresponding to a first data read/write request of a first driver module and a second data read/write request of a second driver module, statistics on the access flows corresponding to the virtual storage module and the virtual network module within the preset time period.
However, in the same field of endeavor, Beveridge discloses the claimed limitation of wherein performing, according to the data processing types corresponding to the data processing requests, statistics on the access flows in the virtual storage module and the virtual network module within the preset time period comprises: performing, according to data processing types corresponding to a first data read/write request of a first driver module and a second data read/write request of a second driver module, statistics on the access flows corresponding to the virtual storage module and the virtual network module within the preset time period (paragraphs 37-40, 44, 50, 57).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Beveridges’ teaching of virtual resources selection with accessing the shared cloud services of Kofkin-Hansen-Xiaos. One would be motivated to achieve maximum resources of VMs for load balancing for performance, thus, efficient use of system resources.
As per claim 10, Kofkin-Hansen discloses the virtual resource processing method wherein adjusting, according to the at least one of the first resource consumption result and/or the second resource consumption result, the virtual resources of the virtual storage module and the virtual network module comprises: adjusting an initial ratio of the virtual resources of the virtual storage module and the virtual network module via a flow controlling sub-module in the flow adapting module, according to the first resource consumption result and/or the second resource consumption result (paragraphs 41-44, 49). Although, Kofkin-Hansen-Xiao discloses allocating and controlling VM and physical resources with all virtual resources and capabilities for efficient could service, fail to expressly discloses wherein adjusting the initial ratio of the virtual resources of the virtual storage module and the virtual network module, according to the at least one of the first resource consumption result or the second resource consumption result, comprises: adjusting, according to at least one of a first bandwidth occupancy result corresponding to the virtual storage module or a second bandwidth occupancy result corresponding to the virtual network module, a ratio of a storage bandwidth corresponding to the virtual storage module and a network bandwidth corresponding to the virtual network module; wherein adjusting the ratio of the storage bandwidth and the network bandwidth comprises: converting the storage bandwidth and the network bandwidth mutually.
However, in the same field of endeavor, Beveridge discloses the claimed limitation of wherein adjusting the initial ratio of the virtual resources of the virtual storage module and the virtual network module, according to the at least one of the first resource consumption result or the second resource consumption result, comprises: adjusting, according to at least one of a first bandwidth occupancy result corresponding to the virtual storage module or a second bandwidth occupancy result corresponding to the virtual network module, a ratio of a storage bandwidth corresponding to the virtual storage module and a network bandwidth corresponding to the virtual network module; wherein adjusting the ratio of the storage bandwidth and the network bandwidth comprises: converting the storage bandwidth and the network bandwidth mutually. (paragraphs 37-40, 44, 50, 57).
The same motivation that was utilized in the combination of claim 9 applies equally as well to claim 10.
Claims 2-3, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kofkin-Hansen et al. (US Publication 2018/0067782) hereafter Kofkin-Hansen, in view of Jun Xiao (US Publication 2015/0281059) hereafter Xiao, in further view of Nomura et al. (US Publication 2012/0131180) hereafter Nomura, in further view of Daniel J. Beveridge (US Publication 2015/0212857) hereafter Beveridge.
As per claim 2, Kofkin-Hansen-Xiao disclose the virtual resource processing method further comprising: receiving a first data read/write request of a first driver module via the virtual storage module; parsing the first data read/write request to generate a first parsing result (Xiao: paragraphs 177-178: read and write request in use of storage device), but fail to expressly disclose receiving a first data read/write request of a first driver module via the virtual storage module; parsing the first data read/write request to generate a first parsing result, and informing the network card driver module of the first parsing result.
However, in the same field of endeavor, Nomura discloses the claimed limitation of receiving a first data read/write request of a first driver module via the virtual storage module; parsing the first data read/write request to generate a first parsing result, and informing the network card driver module of the first parsing result (paragraphs 95, 100-101: efficiently perform read/write request corresponding to the parameters).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kofkin-Hansen-Xiaos’ teaching of accessing the shared cloud services with Nomura. One would be motivated to process virtual resources effectively with high performance based on read/write data using its resources.
As per claim 3, Kofkin-Hansen-Xiao discloses the virtual resource processing method further comprising: receiving a second data read/write request via the virtual network module; parsing the second data read/write request to generate a corresponding parsing result (Xiao: paragraphs 177-178: read and write request in use of storage device), but fail to expressly disclose receiving a second data read/write request of a first driver module via the virtual storage module; parsing the second data read/write request to generate a second parsing result, and informing the network card driver module of the second parsing.
However, in the same field of endeavor, Nomura discloses the claimed limitation of receiving a second data read/write request of a first driver module via the virtual storage module; parsing the second data read/write request to generate a second parsing result, and informing the network card driver module of the second parsing (paragraphs 95, 100-101, 103: efficiently perform read/write request corresponding to the parameters).
The same motivation that was utilized in the combination of claim 2 applies equally as well to claim 3.
As per claim 11, Kofkin-Hansen-Xiao discloses the virtual resource processing method wherein adjusting, according to the first resource consumption result and/or the second resource consumption result, the virtual resources of the virtual storage module and the virtual network module comprises at least one of the following: in a case that the first resource consumption result adjusting the virtual resources of the virtual storage module and the virtual network module (paragraphs 41-42, 49), but fails to expressly disclose the first resource consumption result is greater than a first preset threshold, adjusting an initial ratio of the virtual resources of the virtual storage module and the virtual network module; and/or in a case that the second resource consumption result is greater than a second preset threshold, adjusting an initial ratio of the virtual resources of the virtual storage module and the virtual network module.
However, in the same field of endeavor, Nomura discloses the claimed limitation of the first resource consumption result is greater than a first preset threshold, adjusting an initial ratio of the virtual resources of the virtual storage module and the virtual network module; and/or in a case that the second resource consumption result is greater than a second preset threshold, adjusting an initial ratio of the virtual resources of the virtual storage module and the virtual network module (paragraphs 71, 73-75: efficiently perform read/write request corresponding to the parameters).
The same motivation that was utilized in the combination of claim 2 applies equally as well to claim 11.
Although, Kofkin-Hansen-Xiao-Nomura discloses allocating and controlling VM and physical resources with all virtual resources and capabilities for efficient could service, fail to expressly disclose wherein the virtual resources of the virtual storage module and the virtual network module comprise bandwidth occupancies, and wherein the first resource consumption result comprises a first bandwidth occupancy result corresponding to the virtual storage module, and the second resource consumption result comprises a second bandwidth occupancy result corresponding to the virtual network module.
However, in the same field of endeavor, Beveridge discloses the claimed limitation of wherein the virtual resources of the virtual storage module and the virtual network module comprise bandwidth occupancies, and wherein the first resource consumption result comprises a first bandwidth occupancy result corresponding to the virtual storage module, and the second resource consumption result comprises a second bandwidth occupancy result corresponding to the virtual network module (paragraphs 37-40, 44, 50, 57).
The same motivation that was utilized in the combination of claim 9 applies equally as well to claim 11.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kofkin-Hansen et al. (US Publication 2018/0067782) hereafter Kofkin-Hansen, in view of Jun Xiao (US Publication 2015/0281059) hereafter Xiao, in further view of Nomura et al. (US Publication 2012/0131180) hereafter Nomura, in further view of Janakiraman et al. (US Publication 2020/0280587) hereafter Janakiraman.
As per claim 7, Kofkin-Hansen-Xiao-Nomura disclose the virtual resource processing method wherein to-be-read data as training data (Xiao: paragraphs 177-178), but fail to expressly disclose a to-be-trained speech recognition model is trained by taking the to-be-read data as training data, to generate a trained speech recognition model.
However, in the same field of endeavor, Janakiraman discloses the claims limitation of a to-be-trained speech recognition model is trained by taking the to-be-read data as training data, to generate a trained speech recognition model (paragraph 75: multiple types of input (speech) to communicate).
The same motivation that was utilized in the combination of claim 2 applies equally as well to claim 7.
Allowable Subject Matter
Claim 22 is objected to as being dependent upon a rejected base claim, but would be allowable if incorporated and rewritten in the independent claim, including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 FARZANA B HUQ whose telephone number is (571)270-3223. The examiner can normally be reached Monday - Friday: 8:30-5:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emmanuel L Moise can be reached at 571-272-3865. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FARZANA B HUQ/Primary Examiner, Art Unit 2455
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