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 .
Specification
The abstract of the disclosure is objected to because length of abstract is outside of range of 5 to 150 words (undue length = 160). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Per Federal Register [Vol. 76, No 27, Weds. Feb 9, 2011] guidance, pg. 7167:
The following is a list of non-structural terms that may invoke § 112, ¶6: "mechanism
for," "module for," "device for," "unit for," "component for," "element for," "member
for," "apparatus for," "machine for," or "system for." This list is not exhaustive and other
non-structural terms may invoke § 112, ¶6
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: ‘P2P management apparatus configured to acquire ... select ... clear ... provide ...’ and ‘P2P service apparatus configured to acquire ...acquire ... process’ in claim 1.
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. SEE ALSO MPEP 2181: Therefore, the broadest reasonable interpretation of a claim limitation that invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is the structure, material or act described in the specification as performing the entire claimed function and equivalents to the disclosed structure, material or act. As a result, section 112(f) or pre-AIA section 112, sixth paragraph, limitations will, in some cases, be afforded a more narrow interpretation than a limitation that is not crafted in "means plus function" format. See related 112a and 112b rejections below for details of written description analyses.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Specifically, claim limitation(s) ‘‘P2P management apparatus configured to acquire ... select ... clear ... provide ...’ and ‘P2P service apparatus configured to acquire ...acquire ... process’ in claim 1 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Specifically, required structure to properly invoke 1112 is disclosed (see at least IFW [0020;113]); however there are no algorithm(s) (at least two steps) for claimed limitation(s) and IFW disclosure merely discloses same claimed details of claimed functionalities (see IFW fig 3 [0045]) and includes description(s) of root node and agent node configured to start application instance’ that is not an algorithm (at least two steps).Therefore, the written description is deficient.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Per Federal Register [Vol. 76, No 27, Weds. Feb 9, 2011] guidance, pg. 7167:
The following is a list of non-structural terms that may invoke § 112, ¶6: "mechanism
for," "module for," "device for," "unit for," "component for," "element for," "member
for," "apparatus for," "machine for," or "system for." This list is not exhaustive and other
non-structural terms may invoke § 112, ¶6
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim limitation(s) ‘‘P2P management apparatus configured to acquire ... select ... clear ... provide ...’ and ‘P2P service apparatus configured to acquire ...acquire ... process’ in claim 1 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Specifically, required structure to properly invoke 1112 is disclosed (see at least IFW [0020;113]); however there are no algorithm(s) (at least two steps) for claimed limitation(s) and IFW disclosure merely discloses same claimed details of claimed functionalities (see IFW fig 3 [0045]) and includes description(s) of root node and agent node configured to start application instance’ that is not an algorithm (at least two steps). Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
To overcome this/these rejection(s), applicant is encouraged to amend claims with substance equivalent to ‘... a P2P management apparatus, deployed on a managing node side comprising a processor , and configured to: ...’ and ‘ ‘... a P2P service apparatus, deployed on a computing node side comprising a processor , and configured to: ...’ (see support for processor(s) in at least IFW [0020;113]).
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.
Claims 1-2, 5 14, 17 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2018/0373517 to Hu et al. (“Hu-517”) in view of U.S. Patent Publication No. 2021/0406275 to Hu et al. (“Hu-275”).
As to claim 1, Hu-517 discloses image acceleration system (Hu-517: fig 1-5, [0016-130]: Docker: an open-source application container engine ... allows developers to package their applications and dependent packages into a portable container and then deploy the container onto any machine, at the same time achieving virtualization (image acceleration system) [0022] ... P2P distribution system may include a control node (101) (which may be deployed in a cluster), supernodes (102) (which may be deployed in stand-alone form), and various clients (103) deployed on application hosts and P2P distribution system can be used for providing layers of a Docker image to the clients (image acceleration system) [0028]), comprising:
a P2P management apparatus, deployed on a managing node side (Hu-517: fig 1-5, [0016-130]: ... P2P distribution system may include a control node (101) (which may be deployed in a cluster) (a P2P management apparatus, deployed on a managing node side), supernodes (102) (which may be deployed in stand-alone form) (a P2P management apparatus, deployed on a managing node side), and various clients (103) deployed on application hosts and P2P distribution system (a P2P management apparatus, deployed on a managing node side) can be used for providing layers of a Docker image to the clients (103) and specifically, each layer can be downloaded to any client in slice form from a supernode (102) or from other clients [0028]), and configured to:
acquire system information of a plurality of agent nodes and information of a root node which is abnormal in an image service cluster (Hu-517: fig 1-5, [0016-130]: ... if the supernode is abnormal (acquire information of a root node which is abnormal in an image service cluster), like the supernode breaks down, the first P2P client would also fail in downloading the slice B (acquire system information of a plurality of agent nodes) and, in this case, the following steps Dl to D3 may be performed [0097]
... control node (a P2P management apparatus, deployed on a managing node side) obtains, by parsing, a supernode list (root node(s)) according to location information of the client (see fig 1 & [0097] above- ... acquire system information of plurality of agent nodes ...) and the load status of each supernode ( see fig 1 & [0097] above- ... and information of a root node which is normal/ abnormal in an image service cluster) ... control node obtains (a P2P management apparatus, deployed on a managing node side), by parsing, a supernode list available to the client according to location information of a client node where the client is located (see fig 1 & [0097] above- ... acquire system information of plurality of agent nodes) and ... for example, a supernode with the smallest load has the highest priority, etc. and location information of the client may also be considered and for example, a supernode with the smallest load within a preset distance from the client has the highest priority, etc. (see fig 1 & [0097] above- acquire system information of a plurality of agent nodes and information of a root node which is abnormal in an image service cluster) [0036-37]),
wherein the image service cluster is based on a P2P network structure (Hu-517: fig 1-5, [0016-130]: ... P2P distribution system may include a control node (101) (which may be deployed in a cluster) (image service cluster is based on a P2P network structure), supernodes (102) (which may be deployed in stand-alone form), and various clients (103) deployed on application hosts and P2P distribution system can be used for providing layers of a Docker image to the clients (image service cluster is based on a P2P network structure) [0028] ... control node allocates an optimal supernode and other clients to the client, so that a Docker image is downloaded from the supernode directly, or multiple clients needing to download the same Docker image download the Docker image from each other in a P2P manner (image service cluster is based on a P2P network structure) [0104]),
the root node and each agent node are configured to start an application instance in a virtual running environment according to image data (Hu-517: fig 1-5, [0016-130]: Docker: an open-source application container engine ... allows developers to package their applications and dependent packages into a portable container and then deploy the container onto any machine (the root node and each agent node are configured to start an application instance ...), at the same time achieving virtualization (... in a virtual running environment according to image data) [0022] ... P2P distribution system may include a control node (101) (which may be deployed in a cluster), supernodes (102) (which may be deployed in stand-alone form), and various clients (103) deployed on application hosts and P2P distribution system can be used for providing layers of a Docker image to the clients (see with [0022] above - the root node and each agent node are configured to start an application instance in a virtual running environment according to image data) [0028],
and the root node is further configured to acquire the image data from an image data source (Hu-517: fig 1-5, [0016-130]: Docker: an open-source application container engine ... allows developers to package their applications and dependent packages into a portable container and then deploy the container onto any machine, at the same time achieving virtualization (i.e. – any node may act as a root node that is further configured to acquire the image data from an image data source) [0022] ... fig 2 & 4 block 407 ‘supernode (root node) downloads slices of the layer from a source station to a local position according to the source station address’ (root node is further configured to acquire the image data from an image data source) ... after receiving the slice information sent by the optimal supernode, a client downloads specified slices from a target node (another version of root node) specified by the optimal supernode, a target node including the optimal supernode and/or other clients (see with fig 4 & [0022] - root node is further configured to acquire the image data from an image data source) [0046] ... after the optimal supernode sends the slice information to the client, the optimal supernode notifies the client of a target node at the same time and that is, the optimal supernode informs the client whether slices needing to be downloaded should be downloaded from the optimal supernode (another version of root node) or from other clients (another version of root node) that have downloaded the slices (see with fig 4 & [0022] - root node is further configured to acquire the image data from an image data source) [0047] and target node may be the optimal supernode itself (another version of root node) and, in this case, a download mode of the client is a C/S mode and target node may also be other clients (another version of root node) and in this case, the download mode between the clients is a P2P mode (see with fig 4 & [0022] - root node is further configured to acquire the image data from an image data source) [0048]);
select a node from the plurality of agent nodes as an alternative node for an abnormal root node according to the system information (Hu-517: fig 1-5, [0016-130]: Docker: an open-source application container engine ... allows developers to package their applications and dependent packages into a portable container and then deploy the container onto any machine, at the same time achieving virtualization (i.e. – any node may act as a root node that is further configured to acquire the image data from an image data source) [0022] ... for example, when a client A fails in downloading a certain slice from another client B (possibly because the client B exits abnormally) (an abnormal root node) the client A sends the download failure to the optimal supernode and optimal supernode re-determines (selects) a target node according to the situation of other clients that have downloaded the slice (select a node from the plurality of agent nodes as an alternative node for an abnormal root node according to the system information) and schedules the client A to the re-determined target node to download the slice (select a node from the plurality of agent nodes as an alternative node for an abnormal root node according to the system information)) [0050]).
Hu-517 did not explicitly disclose clear the information of the root node which is abnormal from cluster networking information, and set the alternative node in the cluster networking information as the root node.
Hu-275 discloses clear the information of the root node which is abnormal from cluster networking information, and set the alternative node in the cluster networking information as the root node (Hu-275: fig 1-11, [0042-182]: ... creating an alternative access entry for the application according to the information of an abnormal access entry (... set the alternative node in the cluster networking information as the root node) to replace the abnormal access entry (clear the information of the root node which is abnormal from cluster networking information ...) [0103])).
Hu-517 and Hu-275 are analogous art because they are from the same field of endeavor with respect to clusters.
Before the effective filing date, for AIA , it would have been obvious to a person of ordinary skill in the art to incorporate strategies by Hu-275 into the method by Hu-517. The suggestion/motivation would have been to provide updating the management information of the database cluster of the application based on the information of alternative node(s) and the information of the abnormal node (Hu-275: [0010]).
Hu-517 and Hu-275 further disclose provide updated cluster networking information to a computing node in the image service cluster (Hu-275: fig 1-11, [0042-182]: fig 4 ... if a storage node in the storage slice as a master node (abnormal root node) becomes abnormal obtaining a slave node from the storage slice and updating the slave node as a new master node, to replace the abnormal master node (provide updated cluster networking information to a computing node in the image service cluster) [0109] ... when the alternative node is created, if the master node in the storage slice becomes abnormal, a slave node in the storage slice is updated as the master node as the alternative master node (provide updated cluster networking information to a computing node in the image service cluster) and if a slave node becomes abnormal, another slave node is reconstructed to replace the abnormal slave node (provide updated cluster networking information to a computing node in the image service cluster) [0111]);
a P2P service apparatus, deployed on a computing node side (Hu-517: fig 1-5, [0016-130]: Docker: an open-source application container engine ... allows developers to package their applications and dependent packages into a portable container and then deploy the container onto any machine, at the same time achieving virtualization (a P2P service apparatus, deployed on a managing node side and/or deployed on a computing node side) [0022] ... P2P distribution system may include a control node (101) (which may be deployed in a cluster), supernodes (102) (which may be deployed in stand-alone form), and various clients (103) deployed on application hosts (a P2P service apparatus, deployed on a computing node side) and P2P distribution system can be used for providing layers of a Docker image to the clients (image acceleration system) [0028]), and configured to:
acquire system information of the computing node, and provide the system information of the computing node to the P2P management apparatus (Hu-517: fig 1-5, [0016-130]: ... after completing downloading a certain slice, the client (computing node) may report a result that downloading of the slice is completed to the optimal supernode (acquire system information of the computing node, and provide the system information of the computing node to the P2P management apparatus) [0049]);
acquire the updated cluster networking information provided by the P2P management apparatus (Hu-517: fig 1-5, [0016-130]: ... for abnormalities, the P2P distribution system also performs some compensation processing and for example, when a client A fails in downloading a certain slice from another client B (possibly because the client B exits abnormally) and client A sends the download failure to the optimal supernode (acquire the updated cluster networking information provided by the P2P management apparatus ...) [0050]);
process the image data according to the updated cluster networking information (Hu-517: fig 1-5, [0016-130]: ... for abnormalities, the P2P distribution system also performs some compensation processing and for example, when a client A fails in downloading a certain slice from another client B (possibly because the client B exits abnormally) and client A sends the download failure to the optimal supernode (acquire the updated cluster networking information provided by the P2P management apparatus ...) and optimal supernode re-determines a target node according to the situation of other clients that have downloaded the slice and schedules the client A to the re-determined target node to download the slice (... process the image data according to the updated cluster networking information) [0050]).
Same motivation applies as mentioned above to make the proposed modification.
As to claims 2, 14 and 21, see similar rejection to claim 1 where the method, method, device and medium, respectively, is/are taught by the system.
As to claims 5 and 17, see similar rejection to claim 1 where the method, method and device, respectively, is/are taught by the system
Claims 3 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2018/0373517 to Hu et al. (“Hu-517”) in view of U.S. Patent Publication No. 2021/0406275 to Hu et al. (“Hu-275”) and further in view of U.S. Patent Publication No. 2020/0082094 to Mcallister et al. (“Mcallister”).
As to claim 3, Hu-517 and Hu-275 disclose the method of claim 2.
For motivation, see rejection of claim 2.
Hu-517 did not explicitly disclose determining a score of the each agent node according to at least one of a memory idle ratio, a CPU idle ratio, disk usage and machine startup time of the each agent node.
Mcallister discloses determining a score of the each agent node according to at least one of a memory idle ratio, a CPU idle ratio, disk usage and machine startup time of the each agent node (Mcallister: fig 1-6, [0011-80]: fig 1-2 ... the scanning engine 12 may be configured to execute a process described below with reference to fig 2 to scan container images for vulnerabilities ... implemented in accordance with a variety of other types of testing, such as dynamic testing, functional testing, performance testing, and the like (determining a score ...) [0055] ... the scan selector 46 compares scanner criteria of each of the illustrated scanners 16 to attributes of a layer to determine which of the scanners are suitable for scanning the given layer, in some cases selecting the scanners that are suitable, or in some cases, ranking scanners and selecting those above a threshold rank, for instance, based upon queue length, the number of criteria that are satisfied, or a weighted score of values indicating which criteria are satisfied (or a combination thereof) (see with [0085] below - determining a score of the each agent node according to ...) [0060] ... embodiments provide the ability to scan a Dockerfile for vulnerabilities that might be introduced by base images or additional files added to the container prior to the creation of the container (see with [0055;85] below - determining a score of the each agent node according to ...) [0085] ... select the environment (each agent node(s)) in which the provisioned container runs according to various policy ... such policies may specify ratios or minimum amounts of computing resources to be dedicated to a container, for instance, a number of containers per CPU (a CPU idle ratio), a number of containers per CPU core, a minimum amount of system memory available per container (disk usage) or the like (see with [0055;60;85] above- determining a score of the each agent node according to at least one of a memory idle ratio, a CPU idle ratio, disk usage and machine startup time of the each agent node) [0047]).
Hu-517, Hu-275 and Mcallister are analogous art because they are from the same field of endeavor with respect to clusters.
Before the effective filing date, for AIA , it would have been obvious to a person of ordinary skill in the art to incorporate strategies by Mcallister into the method by Hu-517 and Hu-275. The suggestion/motivation would have been to provide provisioned containers which run according to various policy and such policies may specify ratios or minimum amounts of computing resources to be dedicated to a container, for instance, a number of containers per CPU (a CPU idle ratio), a number of containers per CPU core, a minimum amount of system memory available per container (disk usage) or the like (Mcallister: [0047]).
Hu-517, Hu-275 and Mcallister further disclose determining the alternative node among the plurality of agent nodes according to an order of scores of the plurality of agent nodes (Mcallister: fig 1-6, [0011-80]: fig 1-2 ... scan selector 46 compares scanner criteria of each of the illustrated scanners 16 to attributes of a layer to determine which of the scanners are suitable for scanning the given layer, in some cases selecting the scanners that are suitable, or in some cases, ranking scanners and selecting those above a threshold rank, for instance, based upon queue length, the number of criteria that are satisfied, or a weighted score of values indicating which criteria are satisfied (or a combination thereof) (see with [0047;55;85] above- determining the alternative node among the plurality of agent nodes according to an order of scores of the plurality of agent nodes) [0060]).
Same motivation applies as mentioned above to make the proposed modification.
As to claim 15, see similar rejection to claim 3, where the device is taught by the method.
Claims 4, 6-11, 16, 18-20 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2018/0373517 to Hu et al. (“Hu-517”) in view of U.S. Patent Publication No. 2021/0406275 to Hu et al. (“Hu-275”) and further in view of U.S. Patent Publication No. 2020/0053148 to Motylinski et al. (“Motylinski”).
As to claim 4, Hu-517 and Hu-275 disclose the method of claim 2.
For motivation, see rejection of claim 2.
Hu-517 did not explicitly disclose acquiring information of a computing node that has rejoined the image service cluster; setting the computing node that has rejoined the image service cluster as an agent node in the cluster networking information.
Motylinski discloses acquiring information of a computing node that has rejoined the image service cluster; setting the computing node that has rejoined the image service cluster as an agent node in the cluster networking information (Motylinski: fig 1-5, [0012-190]: ... a node may have a first state and a second state, the second state representing a change in a characteristic compared with the first state and change in characteristic may be the node joining the set of nodes and/or the network and change in characteristic may be the node re-joining the set of nodes and/or network (acquiring information of a computing node that has rejoined the image service cluster ...) [0056] ... when there is a change in the node's topology data set, the change in the node's topology data set may be communicated to one or more other nodes and when there is a change in the node's topology data set, preferably the entire node's topology data set may be communicated to one or more other nodes (see with [0056] above - setting the computing node that has rejoined the image service cluster as an agent node in the cluster networking information) ... may include one or more or all adjacent nodes ... nodes may include one or more or all neighbour nodes ... one or more of all of the nodes in a set of nodes [0069]).
Hu-517, Hu-275 and Motylinski are analogous art because they are from the same field of endeavor with respect to change.
Before the effective filing date, for AIA , it would have been obvious to a person of ordinary skill in the art to incorporate strategies by Motylinski into the method by Hu-517 and Hu-275. The suggestion/motivation would have been to provide a detector for and/or detection of changes in the topology of the network may be provided and/or detection of changes effecting one or more nodes and/or one or more links may be provided and change or changes may be a change in state, for instance from a first state to a second state and/ or from a second state to a first state and/or may include one or more other states (Motylinski: [0055]).
As to claim 6, see similar rejection to claim 4 where the method is taught by the method.
As to claim 6, Hu-517, Hu-275 and Motylinski further disclose sending, through a broadcasting manner, the updated cluster networking information to the computing node in the image service cluster (Motylinski: fig 1-5, [0012-190]: ... within P2P networks, there is a need for searching, information dissemination, broadcasting and the like need to know "who is connected to whom" or "who knows whom" and in this context a number of broadcast algorithms are known [0112] ... when there is a change in the node's topology data set, the change in the node's topology data set may be communicated to one or more other nodes and when there is a change in the node's topology data set, preferably the entire node's topology data set may be communicated to one or more other nodes (see with [0056;112] above - sending, through a broadcasting manner, the updated cluster networking information to the computing node in the image service cluster) ... may include one or more or all adjacent nodes ... nodes may include one or more or all neighbour nodes ... one or more of all of the nodes in a set of nodes [0069] ... repair of a single link can cause two parts of the network which were disconnected to reconnect and each part may have out-of-date topology information about the other and an algorithm must ensure that the two parts eventually agree, and adapt the correct network topology (see with [0056;112;69] above - sending, through a broadcasting manner, the updated cluster networking information to the computing node in the image service cluster) [0126])
For motivation, see rejection of claim 4.
As to claim 7, see similar rejection to claim 1.
As to claim 7, Hu-517, Hu-275 and Motylinski disclose if a root node abnormality detection condition is met, acquiring the information of the root node which is abnormal, wherein the root node abnormality detection condition comprises but is not limited to: reaching a root node abnormality detection period (Hu-517: fig 1-5, [0016-130]: ... the control node (101) can distribute a download policy and perform configuration management on the P2P distribution system shown in fig 1 and download policy may include (if a root node abnormality detection condition is met ...): the number of retries due to a download failure of the client (103) (one example - ... wherein the root node abnormality detection condition comprises but is not limited to: reaching a root node abnormality detection period); the number of tasks concurrently processed by the client (103) ... number of retries due to a download failure is the maximum number of times downloading may be initiated again when the client (103) fails in downloading slices of a layer of a Docker image from another client or a supernode (other example - ... wherein the root node abnormality detection condition comprises but is not limited to: reaching a root node abnormality detection period) [0029]) ... after the optimal supernode sends the slice information to the client, the optimal supernode notifies the client of a target node at the same time and that is, the optimal supernode informs the client whether slices needing to be downloaded should be downloaded from the optimal supernode (one version of root node) or from other clients (another version of root node) that have downloaded the slices (see with fig 4 & [0022] - root node is further configured to acquire the image data from an image data source) [0047] and target node may be the optimal supernode itself (another version of root node) and, in this case, a download mode of the client is a C/S mode and target node may also be other clients (another version of root node) and in this case, the download mode between the clients is a P2P mode (see with fig 4 & [0022] - root node is further configured to acquire the image data from an image data source) [0048]
Motylinski: fig 1-5, [0012-190]: ... each node (root and non-root) in the network maintains the identities of its adjacent neighbours in a list, adj(i)and node i periodically sends a test messages "I'm alive" to its adjacent nodes (wherein the root node abnormality detection condition comprises but is not limited to ...) ... fig 1 node 4 would send such messages to node 1 only, whereas node 1 would send such messages to nodes 2, 3, 4, 7, 8 [0143] ... if node does not receive the "I'm alive" message from node j within a time interval delta(t), it assumes that the link (i,j) is no longer available (... reaching a root node abnormality detection period) [0145]).
For motivation, see rejection of claim 4.
As to claim 8, see similar rejection to claim 7.
As to claim 8, Hu-517, Hu-275 and Motylinski further disclose wherein the acquiring the information of the root node which is abnormal uses at least one of following manners:
if system information of the root node meets a node abnormality condition, determining that the root node is abnormal (Hu-517: fig 1-5, [0016-130]: ... the control node (101) can distribute a download policy and perform configuration management on the P2P distribution system shown in fig 1 and download policy may include (if system information of the root node meets a node abnormality condition ...): the number of retries due to a download failure of the client (103) (one example - ... determining that the root node is abnormal); the number of tasks concurrently processed by the client (103) ... number of retries due to a download failure is the maximum number of times downloading may be initiated again when the client (103) fails in downloading slices of a layer of a Docker image from another client or a supernode (one example - ... determining that the root node is abnormal) [0029] ... for abnormalities, the P2P distribution system also performs some compensation processing and for example, when a client A fails in downloading a certain slice from another client B (possibly because the client B exits abnormally) and client A sends the download failure to the optimal supernode (if system information of the root node meets a node abnormality condition ...) and optimal supernode re-determines a target node according to the situation of other clients that have downloaded the slice (one example - ... determining that the root node is abnormal)and schedules the client A to the re-determined target node to download the slice [0050]);
if a heartbeat keep-alive with a P2P service apparatus on the root node fails, determining that the root node is abnormal (Motylinski: fig 1-5, [0012-190]: ... each node (root and non-root) in the network maintains the identities of its adjacent neighbours in a list, adj(i)and node i periodically sends a test messages "I'm alive" to its adjacent nodes (if a heartbeat keep-alive with a P2P service apparatus on the root node fails ...) ... fig 1 node 4 would send such messages to node 1 only, whereas node 1 would send such messages to nodes 2, 3, 4, 7, 8 [0143] ... if node does not receive the "I'm alive" message from node j within a time interval delta(t), it assumes that the link (i,j) is no longer available (... determining that the root node is abnormal) [0145]);
if abnormal information sent by the root node is received, determining that the root node is abnormal.
For motivation, see rejection of claim 4.
As to claim 9, see similar rejection to claim 7-8.
As to claim 9, Hu-517, Hu-275 and Motylinski further disclose wherein, an executive entity of the method is the managing node, and the managing node comprises: a P2P management apparatus, a computing node management apparatus, and an administration service apparatus (Hu-517: fig 1-5, [0016-130]: ... Docker: an open-source application container Engine ... allows developers to package their applications and dependent packages into a portable container and then deploy the container onto any machine, at the same time achieving virtualization (executive entity of the method is the managing node, and the managing node comprises ...) [0022] ... fig 1 P2P distribution system (executive entity of the method is the managing node, and the managing node comprises: a P2P management apparatus ... ) may include a control node (101) (which may be deployed in a cluster) supernodes (102) (which may be deployed in stand-alone form) (... a computing node management apparatus ...) and various clients (103) deployed on application hosts (... and an administration service apparatus) and P2P distribution system can be used for providing layers of a Docker image to the clients (103) and each layer can be downloaded to any client in slice form from a supernode (102) or from other clients [0028]);
the computing node comprises: a P2P service apparatus, a computing node agent apparatus, and a container acceleration apparatus (Hu-517: fig 1-5, [0016-130]: ... ... each application host (see with fig 1 & [0028] above- computing node comprises: a P2P service apparatus) downloading a Docker image must be deployed with an agent service (a computing node agent apparatus) and a seed client e.g., a client implementing the BitTorrent protocol) (a container acceleration apparatus), which in turn not only occupies excessive application host resources that leads to a low downloading efficiency [0005]);
the system information is acquired by using a following manner:
the P2P management apparatus acquires the system information by performing a heartbeat keep-alive with the P2P service apparatus (Motylinski: fig 1-5, [0012-190]: ... each node (root and non-root) in the network maintains the identities of its adjacent neighbours in a list, adj(i)and node i periodically sends a test messages "I'm alive" to its adjacent nodes (if a heartbeat keep-alive with a P2P service apparatus on the root node fails ...) ... fig 1 node 4 would send such messages to node 1 only, whereas node 1 would send such messages to nodes 2, 3, 4, 7, 8 [0143] ... if node does not receive the "I'm alive" message from node j within a time interval delta(t), it assumes that the link (i,j) is no longer available (... determining that the root node is abnormal) [0145]).
For motivation, see rejection of claim 4.
As to claim 10, see similar rejection to claim 7-9.
As to claim 10, Hu-517, Hu-275 and Motylinski further disclose the P2P management apparatus acquiring the system information by performing the heartbeat keep-alive with the P2P service apparatus comprises:
the P2P management apparatus acquires the system information by performing the heartbeat keep-alive with the P2P service apparatus of the available computing node (Motylinski: fig 1-5, [0012-190]: ... each node (root and available node) in the network maintains the identities of its adjacent neighbours in a list, adj(i)and node i periodically sends a test messages "I'm alive" to its adjacent nodes (the P2P management apparatus acquires the system information by performing the heartbeat keep-alive with the P2P service apparatus of ...) ... fig 1 node 4 would send such messages to node 1 only, whereas node 1 would send such messages to nodes 2, 3, 4, 7, 8 [0143] ... if node does not receive the "I'm alive" message from node j within a time interval delta(t), it assumes that the link (i,j) is no longer available (... determining that the root node is abnormal) ... node 1 sends an "I'm alive" message to node 4 and node 4 should send an "I'm alive" message to node 1 (... the available computing node(s)) [0145]).
For motivation, see rejection of claim 4.
As to claim 11, see similar rejection to claim 7-10.
As to claim 11, Hu-517, Hu-275 and Motylinski further disclose acquiring updated cluster networking information provided by the P2P management apparatus (Motylinski: fig 1-5, [0012-190]: ... above consideration forms a first topology update rule, namely: 1. When a node detects that an adjacent link has failed, the failed status is entered in the node's main topology table and it is desirable to share this updated topology table with other nodes in the set of nodes, V (acquiring updated cluster networking information provided by the P2P management apparatus) and when this occurs, a node updates its own topology table according to the topology table received from the adjacent node and a second topology update rule is formed (processing image data according to the updated cluster networking information ...), namely: 2. When a node receives an entire main topology table from a neighbour, it updates its main topology table by using the main topology update algorithm [0147-149]);
processing image data according to the updated cluster networking information, wherein the root node is configured to acquire the image data from an image data source and start an application instance in a virtual running environment according to the image data, for each of the plurality of agent nodes, the agent node is configured to start the application instance in the virtual running environment according to the image data (Motylinski: fig 1-5, [0012-190]: ... network may be a distributed system of nodes and distributed system may include one or more nodes in the form of clients and/or servers and/or peers (... for each of the plurality of agent nodes ...) ... node may be an active electronic device or data communication equipment and a node may particularly be a router and/or workstation and/or server and/or host computer and a node may be a location capable of creating and/or receiving and/or transmitting information, for instance within the network, such as to one or more other nodes (see with Hu-517 fig 1 & [0028] - processing image data according to the updated cluster networking information, wherein the root node is configured to acquire the image data from an image data source and start an application instance in a virtual running environment according to the image data, for each of the plurality of agent nodes, the agent node is configured to start the application instance in the virtual running environment according to the image data) [0045] ... one or more or all of the nodes may be peers and two or more or all of the nodes may be equal participants in the network, for instance in terms of privileges or abilities or capabilities (see with Hu-517 fig 1 & [0028] - processing image data according to the updated cluster networking information, wherein the root node is configured to acquire the image data from an image data source and start an application instance in a virtual running environment according to the image data, for each of the plurality of agent nodes, the agent node is configured to start the application instance in the virtual running environment according to the image data) [0046]).
For motivation, see rejection of claim 4.
As to claims 16, 18-19, see similar rejection to claims 4, 6 and 8, respectively, where the device is taught by the method.
As to claims 20 and 22, see similar rejection to claim 11, where the device and medium, respectively, is/are taught by the method.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
A) US 20230025529 Fu
Method and apparatus are provided for managing a distrusted system. The method comprises receiving, by a cluster management agent, a cluster specification update that includes a container image manifest content that describes an infrastructure of the distributed system; converting, by a runtime container engine of the cluster management agent, the container image manifest content into an operating system bootloader consumable disk image for rebooting one or more nodes in the distributed system; and initiating, by the cluster management agent, a system reboot using the operating system bootloader consumable disk image for a node in the distributed system to update the node to be in compliance with the cluster specification update. The cluster specification update is received via a local API of the cluster management agent in the absence of internet access or via a communication channel through an internet connection with the cluster management agent.
B) US 20260072610 – Zhao
The present application discloses a container-based read/write control method and apparatus, and a device, which are used to solve a technical problem of data loss after a container is restarted in a container root file system. The method includes: creating an original container root file system according to a container image in response to a start of a container, where the original container root file system includes an original image read-only layer and an original container read-write layer; creating a local directory on a host; and using the original container root file system as an image read-only layer of a container root file system, using the local directory as a container read-write layer of the container root file system, and generating the container root file system.
C) US 20250284581 - Sarkar
Intelligent container management is provided. An issue that caused a failed state of a container is identified based on an analysis of exit code information, container log information, host node agent log information, and resource utilization data corresponding to the container using a group of solution agents. It is determined whether the issue that caused the failed state of the container is a resolvable issue with a fix. The fix is applied to the container using a runtime mutating webhook controller prior to restart of the container in response to determining that the issue that caused the failed state of the container is the resolvable issue with the fix. The restart of the container is performed on a host node.
D) US 20230393927 Karr
Application-managed fault detection for cross-region replicated object stores is disclosed. An embodiment includes determining, by a first storage system among a plurality of storage systems replicating an object store, a faulted state in response to identifying a fault that prevents replication of updates to the object store to at least a second storage system of the plurality of storage systems; providing, through an API, an indication that the first storage system has entered the faulted state; and receiving a request indicating how to proceed in the presence of the fault.
E) US 20250260735 - Takkar
Container images are streamable among peers in a dynamically scalable peer to peer (P2P) cluster. A node receives cluster topography from a dynamically appointed seed node. The node receives an assignment to run a containerized application with a container file system in a container registry as a container process in streaming mode before completing downloading of the container file system. The node discovers a node that has a range of bytes of a file in the container file system, for example, by receiving an advertisement including a key indicating the byte range or by creating and sending a key indicating the byte range in a distributed hash table (DHT). The node provides to the container process the range of bytes of the file received from the discovered node, allowing the container process to run without accessing the container registry for content in the range of bytes of the file.
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/JUNE SISON/Primary Examiner, Art Unit 2455
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