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 .
Claim Rejections - 35 USC § 101
The claim 42 and 43 is directed solely toward to computer program product. The specification defines computer program product as, “The computer program product includes one or more computer instructions or computer programs.”. The specification lacks the structure of computer program product and it can be a software per se. Software does not fall under the four statuary categories of inventions which are: process, machine, manufacture or composition of matter. Claimed invention does fall within these statuary categories of the invention and is not eligible for patenting. Computer software are programs and are ineligible for patentability. Gottschalk v. Benson, 409 U.S. at 72, 175 USPQ at 676-77.
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) 34 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Kutschbach [WO 2018197695 A1]
As to claim 34:
Kutschbach [WO 2018197695 A1] teaches 34. (New) A computer-implemented method for executing a program code comprising program segments each being configured to be executable on a processing unit and comprising a respective kernel code and a respective setup code, each kernel code comprising an array operation corresponding to one array instruction of a sequence of array instructions, each of the program segments being configured to receive, as a respective runtime input, an at least partially configured runtime instance of a respective array data structure capable to store multiple elements of a respective common data type, the method comprising:
starting executing the setup code of a program segment of the program segments on a first sub-unit of the processing unit to partially configure a runtime instance of an array data structure as runtime output of the respective program segment [ 0033: “the runtime segment includes the function meta information, a compute kernel for each of the determined processing units and executable code” and 007: “computing system with a first compute kernel and a second processing unit of the heterogeneous computing system with a second compute kernel. Both the first compute kernel and the second compute kernel are configured to perform a numerical operation derived from a program segment which is configured to receive a first data structure storing multiple elements of a common data type. ” and 0193: “the effort information may be provided as a constant instead of a function. Or the computation may take into account the values and/or the types of elements of the input data structure instances, state information of the processing unit, of the host controller and/or of other system components, further information provided by the input/output data structure instances, the function meta information and/or the compute kernels. ” and 0027: “ For example, a user generated program code may be parsed to identify program segments with respective (known) numerical operations in the program code at compile time” and 00331 : “at least one of the following processes that may at least partially be implemented as an API (Application Programming Interface): retrieving software code, typically a user code written in a GPL or in a scientific computing language such as MATLAB or NumPy, identifying in the software code a program segment ”]; and
executing the kernel code of the program segment on the processing unit, when a configuration of the runtime instance, which was received as respective runtime input, is completed and/or updated [0033: “the runtime segment includes the function meta information, a compute kernel for each of the determined processing units and executable code for determining expected costs for executing the compute kernels with a runtime instance of the first data structure using the function meta information and a data meta information of the runtime instance of the first data structure. The data meta information may include a runtime size information of the runtime instance, a runtime location information of the runtime instance, and a runtime type information of the runtime instance. ” and 0041: “the computing kernels of a specific runtime segment for a specific processing unit may be allocated and initialized on the processing unit only once it was decided for the corresponding runtime segment to execute the corresponding compute kernel on the corresponding processing unit. ” and 0038: “At startup time, suitable processing units of the particular heterogeneous computing system may be determined, and the runtime segments may be updated in accordance with the determined processing units. This may include updating the compute kernels, the intermediate representation of the compute kernels and/or the function meta information. For example, a CPU kernel template and a GPU kernel template may be updated in accordance with properties of the actual devices”].
Allowable Subject Matter
Claim 24-33 allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The following is an examiner’s statement of reasons for allowance:
Kutschbach [WO 2018197695 A1] teaches the runtime segment includes the function meta information, a compute kernel for each of the determined processing units and executable code” and 007: “computing system with a first compute kernel and a second processing unit of the heterogeneous computing system with a second compute kernel. Both the first compute kernel and the second compute kernel are configured to perform a numerical operation derived from a program segment which is configured to receive a first data structure storing multiple elements of a common data type. ”
Overson et al [20240272923] teaches the computer system 600 includes a framework server system 660. The framework server system 660 may be configured to communicate over the network 650. The framework server system 660 may include resources that aid in the development of applications that are executable by the distributed runtime system 620. In some examples, the framework server system 660 hosts runtime environment instructions 662 that, when executed on a computer system, run an instance of the runtime environment 632-638 on the computer system.
Prior art neither individually nor in combination teach:
each of the program segments being configured to use information from the respective partially configured runtime instance to:
partially configure a runtime instance of an array data structure as runtime output of the respective program segment; and
at least partially configure a respective executable code comprising the respective array operation, the executable code being configured to update a configuration of the runtime instance which was partially configured as runtime output of the respective program segment; and starting executing the segmented program code on a first sub-unit of the processing unit; and
when a configuration of the runtime instance, which was received as respective runtime input, is complete and/or updated:
completing configuration of the respective executable code, when the respective executable code is only partially configured;
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claim 35-38 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/KESHAB R PANDEY/ Primary Examiner, Art Unit 2176
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