DETAILED ACTION
Claims 1-8 interpreted under 35 USC § 112(f).
Claims 1-9 rejected under 35 USC § 101.
Claims 1-9 rejected under 35 USC § 103.
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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a parameter determination unit configured to” and “a workload control unit configured to” in claim 1 and “risk allowance calculation unit configured to” in claim 5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-9 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1 and 9
Step 2A, Prong One. Independent claims 1 and 9 recite calculating a power consumption target from predicted workload execution periods and power consumption, subject to renewable energy utilization and cost conditions, and determining workload timing based on that target. These operations fall within the mental-process grouping of abstract ideas because they constitute evaluations and judgments that can be practically performed by a person mentally or with pen and paper. Given predicted consumption and permissible execution periods fort a small set of workloads, a person could evaluate the renewable energy and cost conditions, determine a suitable consumption target, and assign workload times accordingly. The claims impose no workload volume, processing speed, or computational complexity that would make that evaluation impractical for a human. They acquire the predictions rather than require a particular technological process for generating them. See MPEP § 2106.04(a)(2).
Step 2A, Prong Two. The additional elements include computing hardware, acquisition of prediction values, and functional unit or processing implementing the evaluation and timing determination. These elements provide inputs and computer implementation of the mental scheduling process. The target-to-timing relationship specifies the decision sequence, but does not require a particular mechanism improving computer operation or scheduling technology. Claim 9 additionally request executing workloads at the determining timing. That broadly recited step instructs the information processing device to apply the resulting schedule without specifying a further technological implementation. Considered individually and as a whole, the claims do not integrate the mental process into a practical application. See MPEP §§ 2106.04(d), 2106.05(a), (f), and (g).
Step 2B. The additional element so not amount to significantly more, individually or as ordered combinations. The processor, memory, and functional units perform generic information acquisition, storage, and processing consistent with specification ¶¶ 0041-0043. Generic computer implementation and information storage do not supply an inventive concept . See MPEP § 2106.05(d). The claimed sequence implements the underlying evaluation and scheduling decisions without requiring a nonconventional arrangement of computing components. The general instruction to execute the resulting schedule likewise adds no specific implementation amounting to significantly more. Any asserted advance in the mental scheduling rules does not supply an inventive concept beyond the exception.
Claims 2-4
Claim 2 adds selecting whether utilization rate or cost is emphasized and choosing an optimizing timing pattern; claim 3 adds maintaining a minimum utilization rate while optimizing cost; and claim 4 adds satisfying executable periods. A person could apply these preferences and constraints when comparing a small set of possible schedules. These limitations further define the mental evaluation without adding practical integration or significantly more.
Claims 5-6
Claim 5 adds assessing prediction uncertainty under a predetermined algorithm and considering predicted versus past consumption differences when selecting timing. Claim 6 further bases that assessment on the difference between predicted renewable energy generation and target consumption. At the claimed breadth, a person could evaluate those differences, assign a risk allowance under a predetermined rule, and consider it when scheduling workloads. Neither claim requires an algorithm or data volume beyond practical human evaluation. The additional calculation unit merely implement that evaluation on the computer. These limitations therefore do not provide practical integration or significantly more.
Claim 7
Displaying workload timing and consumption information adds presentation of information, whether concerning future or executed workloads. It does not require an improved display mechanism or otherwise integrate the mental process into a practical application, and does not supply significantly more. See MPEP § 2106.05(g).
Claim 8
Causing a predetermined device to execute workloads at the determined timing, like the execution limitation of claim 9, instructs a generically recited device to apply the schedule. Execution itself is not characterized as a mental process. Rather, considered with the inherited limitations, it is a general implementation instruction that neither integrates the mental scheduling process into a practical application nor supplies significantly more. See MPEP § 2106.05(f).
Claim Rejections - 35 USC § 103
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.
Claims 1, 4, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Grimshaw et al., U.S. PG-Publication No. 2022/0050714 A1 (hereinafter GRIMSHAW), in view of Thyagaturu et al., U.S. PG-Publication No. 2022/0149625 A1 (hereinafter THYAGATURU).
Claim 1
GRIMSHAW discloses a workload control support device comprising: a processor; a memory. ¶ 0088: Describes a computing system that meets quality of service objectives for multiple applications or jobs subject to resource and power constraints. ¶¶ 0022: Computing nodes comprise processors and RAM.
GRIMSHAW discloses a parameter determination unit configured to acquire a prediction value of an executable period and a power consumption amount of each of a plurality of workloads that consume power scheduled to be executed in a future time period. ¶ 0045: Job metadata includes admission time, expected and maximum runtime, service level objective, estimated power consumption and slack time. ¶ 0054: Estimated power consumption is the system computed power a job is “expected to consume while running.” ¶ 0098: The controller estimates completion time and determines the delivery required to meet the service level objective. ¶ 0057: Slack time identifies the remaining intervals before a service level objective violation. ¶ 0105: Resource estimates are maintained for each future scheduling interval, summing requirements of jobs active before their expected completion deadlines.
GRIMSHAW discloses calculate, based on each acquired prediction value of the executable period and the power consumption amount, a target value of the power
consumption amount in the future time period. ¶ 0083: The controller derives required resources, determines sufficient nodes and sums their power requirements to calculate MinPowerToMaintainSLO, so that “no jobs start to fall behind.” ¶ 0084: MinPowerToPreventViolation similarly calculates the power needed to prevent service level objective violations. ¶ 0120: Calculated MinPowerToMaintainSLO values become selected subcluster power settings. ¶ 0121: The controller selects calculates power settings and sends “new max power settings” to the subclusters.
GRIMSHAW discloses a workload control unit configured to determine a timing of
each workload to be executed in the future time period based on the calculated target value of the power consumption amount. ¶ 0077: Job managers follow the scheduling controller’s power increase/decrease commands while maintaining job service level objectives. ¶ 0110: Nonrunning jobs are ordered by increasing slack and selected for execution when sufficient resources are available. ¶ 0031: The scheduler may suspend resources now and execute jobs later based on predicted future power availability or price.
GRIMSHAW does not expressly disclose to satisfy a condition for a utilization rate of renewable energy in the power consumption in the future time period and a condition for cost related to utilization of the renewable energy.
THYAGATURU discloses to satisfy a condition for a utilization rate of renewable energy in the power consumption in the future time period. ¶ 0016: Operation settings are adjusted to “meet or exceed a time-based goal of renewable power consumption.” ¶ 0024: A client’s service level agreement may require renewable energy for execution of specified processes.
THYAGATURU discloses a condition for cost related to utilization of the renewable energy. ¶ 0013: Time-based maximum consumption budgets cover grid and/or renewable power and control monetary consumption costs. ¶ 0010: Workloads may be deferred until renewable availability improves or energy costs enter a configured range. ¶ 0024: The service level agreement may specify the monetary amount of renewable energy credits purchased when renewable supply is insufficient.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the workload derived power target calculation of GRIMSHAW to incorporate the time based renewable energy utilization requirements and monetary cost conditions taught by THYAHATURU. One or ordinary skill in the art would be motivated to integrate those requirements and conditions into GRIMSHAW, with a reasonable expectation of success, in order to control electricity expenditure while reducing consumption from nonrenewable resources, as taught by THUAGATURU ¶¶ 0010 and 0013-0018.
Claim 4
GRIMSHAW discloses wherein the parameter determination unit creates a condition for an execution timing of each workload that satisfies the acquired executable period of each workload. ¶ 0076: The scheduling controller coordinates job managers responsible for workload scheduling and power management. ¶ 0098: The controller estimates job completion time and determines the delivery deadline required to meet the job’s service level objective. ¶ 0057: Slack time identifies the remaining intervals before the job violates it service level objective. ¶ 0112: Jobs whose slack falls below a threshold are placed in a “Must-Run set,” and their required resources are calculated. ¶ 0113: Running jobs with greater slack are selected to release sufficient resources for the must-run jobs.
GRIMSHAW discloses calculates, based on the created condition for the execution timing and the acquired prediction value of the power consumption amount, the target value of the power consumption amount in the future time period. ¶ 0084: MinPowerToPreventViolation is calculated from the resources needed to ensure that “no SLO violations occur,” the nodes sufficient to provide those resources, and their power requirements. ¶ 0054: The system calculates the power each job is expected to consume while running. ¶ 0105: The controller maintains resource consumption estimates for each future scheduling interval, accounting for jobs active before their expected completion deadlines. ¶ 0120: Calculated minimum-power values are selected as subcluster power settings. ¶ 0121: The controller selects power settings sufficient to maintain slack or prevent deadline violations and sends them to the subclusters.
GRIMSHAW does not expressly disclose to satisfy the condition for the utilization rate and the condition for the cost.
THYAGATURU discloses to satisfy the condition for the utilization rate and the condition for the cost. ¶ 0016: Operation settings are adjusted to “meet or exceed a time-based goal of renewable power consumption.” ¶ 0013: Time-based consumption budgets cover grid and/or renewable power and control monetary consumption costs. ¶ 0010: Workload execution may be deferred based on renewable availability or an acceptable energy cost range.
Claim 8
GRIMSHAW discloses wherein the workload control unit causes a predetermined device to execute each of the workloads at the determined timing. ¶ 0076: Each job manager controls its subcluster and schedules jobs onto computing nodes while managing their power consumption. ¶ 0023: Management software determines “in what order and on which nodes” jobs execute. ¶ 0110: The job manager selects nonrunning jobs according to slack time and places them on nodes with sufficient resources to run them. ¶ 0114: As resources become available, the job manager “starts the jobs” in the must-run set on the vacated nodes. ¶ 0146: Job managers invoke scheduling cycles periodically or upon arrival of new work.
Claim 9
Claim 9 is rejected utilizing the rationale for claims 1 and 8; the claim is directed to a method performed by the system.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over GRIMSHAW, in view of THYAGATURU, further in view of Chen et al., U.S. PG-Publciation No. 2015/0066225 A1 (hereinafter CHEN).
Claim 2
THYAGATURU discloses wherein the parameter determination unit receives a designation of a parameter indicating a principle as to which of the condition for the utilization rate and the condition for the cost is emphasized. ¶ 0024: A client uses an application programming interface to specify renewable energy requirements and monetary limits for purchasing renewable energy credits. ¶ 0025: A service level agreement can specify a “priority level of the process and/or renewable energy usage.” ¶ 0010: The controller manages monetary electricity cost and/or nonrenewable-energy consumption.
THYAGATURU discloses when a principle to emphasize the condition for the
utilization rate is designated, identifies a pattern of an execution timing of each workload to optimize the utilization rate of the renewable energy. ¶ 0010: Applications may defer time insensitive workloads until renewable energy becomes available or energy costs enter a configured range. ¶ 0016: Operation settings are adjusted to meet or exceed a time-based renewable consumption goal.
GRIMSHAW-THYAGATURU does not expressly disclose calculates a target value of the power consumption amount in the future time period based on the identified pattern, and when a principle to emphasize the condition for the cost is designated, identifies a pattern of the execution timing of each workload to optimize the cost related to the utilization of the renewable energy, and calculates the target value of the power consumption amount in the future time period based on the identified pattern.
CHEN discloses calculates a target value of the power consumption amount in the future time period based on the identified pattern. ¶ 0027: Models flexible workloads using demand, starting time, completion deadline and capacity allocated during each time period; expresses total workload power demand using those allocations. ¶ 0029: Calculates total facility power demand from the workload demand model and applicable overhead.
CHEN discloses when a principle to emphasize the condition for the cost is
designated, identifies a pattern of the execution timing of each workload to optimize the cost related to the utilization of the renewable energy. ¶ 0030: The workload planner formulates constrained optimization problems to determine a schedule that minimizes operational energy costs. ¶ 0031: Solving the optimization produces an “optimal workload schedule” while minimizing energy costs; the scheduling module then implements it.
CHEN discloses calculates the target value of the power consumption amount in the future time period based on the identified pattern. ¶ 0027: Total workload power demand is expressed as a function of the time-specific allocations. ¶ 0031: The optimization returns the time-dependent workload allocation that defines the selected schedule.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the future consumption target calculation of GRIMSHAW-THYAGATURU to incorporate the constrained execution pattern optimization and associated power demand calculation taught by CHEN. One of ordinary skill in the art would be motivated to integrate those features into GRIMSHAW-THYAGATURU, with a reasonable expectation of success, in order to reduce operational energy costs while scheduling flexible workloads within their permissible execution periods, as taught by CHEN ¶¶ 0024 and 0030-0031.
Claim 3
CHEN discloses wherein when the principle to emphasize the condition for the cost is designated, the parameter determination unit identifies a pattern of the execution timing of each workload. ¶ 0030: The workload planner formulates constrained optimization problems to determine an execution schedule minimizing operational energy costs. ¶ 0031: Solving the optimization produces an “optimal workload schedule” for flexible workloads.
CHEN discloses optimizes the cost related to the utilization of the renewable energy. ¶ 0030: The schedule is determined to minimize operational energy costs using applicable utility charging rates. ¶ 0031: The optimization can be modified “to deal with other constraints” (e.g., renewable energy).
CHEN discloses calculates the target value of the power consumption amount in the future time period based on the identified pattern. ¶ 0027: Time specific workload allocations determine total workload power demand. ¶ 0029: Total facility demand is calculated from workload demand and applicable overhead.
CHEN does not expressly disclose a pattern of the execution timing of each workload which satisfies a minimum condition of the utilization rate of the renewable energy.
THYAGATURU discloses a pattern of the execution timing of each workload which satisfies a minimum condition of the utilization rate of the renewable energy. ¶ 0016: Operating settings are adjusted to “meet or exceed a time-based goal of renewable power consumption.” ¶ 0024: A client’s service level agreement can specify that renewable energy is required for execution of particular processes. ¶ 0026: renewable power is allocated to processes requiring it; insufficient renewable power can result in reduced performance under the specified policy.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over GRIMSHAW, in view of THYAGATURU, further in view of Lewis et al., U.S. PG-Publication No. 2021/0189877 A1 (hereinafter LEWIS).
Claim 5
LEWIS discloses further comprising a risk allowance calculation unit configured
to calculate a risk allowance indicating a risk due to uncertainty of the prediction value of the power consumption amount in the future time period based on a predetermined algorithm. ¶ 0006: A centralized management system collects actual consumption, predicts consumption for an upcoming period, and determines which machines may operate or must be restricted. ¶ 0012: Power allocations incorporate a “buffer” or “cushion” for consumption exceeding expectations or unexpected reductions in available power. ¶ 0021: Consumer selection can use likelihood weighted consumption estimates to access aggregate demand against a power threshold. ¶ 0028: Consumption estimates can use averages, medians, percentiles and ranges, with adjustments for operating conditions.
LEWIS discloses wherein the workload control unit determines the timing of
each workload to be executed in the future time period, based on the calculated risk allowance. ¶ 0013: reserved power can vary between time periods according to activities and the likelihood of unforeseen needs. ¶ 0021: Consumers are selected for particular periods using their possible consumption and the likelihood of exceeding the power threshold. ¶ 0040: Controllers can prescribe “specific times during which specified operations are permitted to run,” together with durations and operating conditions.
LEWIS discloses a difference between the prediction value of the power consumption of each workload in the future time period and a past value of the power consumption of each workload. ¶ 0024: Because “actual power usage does not always track predicted power usage,” consumption is monitored to determine whether power allotments require adjustment. Individual operations may be restricted or paused. ¶ 0029: Power demand information may be based on past measurements and maintained for individual machines or individual operations. ¶ 0006: Current consumption is collected periodically, upcoming-period consumption is predicted, and operating restrictions are determined.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the target based workload timing control of GRIMSHAW-THYAGATURU to incorporate the uncertainty cushions, statistical consumption estimates, and prediction versus measurement allocation adjustments taught by LEWIS. One of ordinary skill in the art would be motivated to integrate those features into GRIMSHAW-THYAGATURU, with a reasonable expectation of success, in order to accommodate unexpected consumption increases and supply reductions and adjust operation when actual consumption departs from predictions, as taught by LEWIS ¶¶ 0012 and 0024.
LEWIS does not expressly disclose the calculated target value of the power consumption amount.
GRIMSHAW discloses the calculated target value of the power consumption amount. ¶ 0121: The scheduling controller selects calculated power settings and communicates the resulting maximum-power settings to the subclusters. ¶ 0077: Job managers follow the controller’s power increase/decrease commands while maintaining workload service-level objectives.
Claim 6
LEWIS discloses wherein the risk allowance calculation unit calculates the risk allowance. ¶ 0012: Power allocations incorporate a “buffer” or “cushion” for unexpected consumption increases or reductions in available power. ¶ 0013: reserved power can be adjusted for different time periods according to activities and the likelihood of unforeseen needs.
THYAGATURU discloses based on a difference between a prediction value of a power generation amount related to the renewable energy in the future time period. ¶ 0009: Renewable supply can exhibit a “deficit or surplus”; when consumption exceeds renewable supply, grid power can supply the deficit. ¶ 0043: Computing capacity is adjusted so total energy demand remains within the energy produced through renewable resources.
GRIMSHAW discloses and the calculated target value of the power consumption amount in the future time period. ¶ 0120: Calculated minimum power requirements are selected as subcluster power settings. ¶ 0121: The controller selects calculated power allocations and sends “new max power settings” to the subclusters.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over GRIMSHAW, in view of THYAGATURU, further in view of Swierc et al., U.S. PG-Publication No. 2020/0082289 A1 (hereinafter SWIERC).
Claim 7
GRIMSHAW discloses information on a timing and power consumption of each of the workloads to be executed in the future time period, or information on each of the executed workloads and the power consumption of each of the workloads. ¶ 0027: Scheduling determines the timing and ordering of execution of each job on the available resources. ¶ 0045: Per-job metadata includes expected runtime, maximum runtime and estimated power consumption. ¶ 0054: The system computes the power each job is “expected to consume while running.”
GRIMSHAW-THYAGATURU does not expressly disclose wherein the workload control unit displays the information.
SWIERC discloses wherein the workload control unit displays the information. ¶ 0013: A task-scheduling tool determines a recommended execution time and presents the recommendation on a smart-device display. ¶ 0024: The scheduling recommendation is “rendered on display”; the user can be prompted to accept the recommended time.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the workload control interface of GRIMSHAW-THYAGATURU to incorporate the displayed scheduling recommendation taught by SWIERC, accompanied by the associated workload consumption information maintained by the controller. One of ordinary skill in the art would be motivated to integrate that display into GRIMSHAW-THYAGATURU, with a reasonable expectation of success, in order to permit user review and acceptance of recommended execution timing, as taught by SWIERC ¶ 0024.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Abdollahian Noghabi et al., U.S. PG-Publication No. 2023/0061136 A1. NOGHABI teaches using renewable-energy policies and forecasts of energy supply and prices to generate a future workload power schedule that a local scheduler implements by adjusting computing resources. ¶¶ 0037-0041, 0054-0057.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK D MILLS whose telephone number is (571)270-3194. The examiner can normally be reached M-F 9-5:30 CT.
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/FRANK D MILLS/Primary Examiner, Art Unit 2194 September 5, 2026
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