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 .
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed 04/28/2026 on has been entered.
Claims amended: 21 and 30
Claims canceled: 1-20
Claims newly added: 21-38
Claims pending: 21-38
Response to Arguments
2. Applicant's arguments filed 04/28/2026 have been fully considered but they are not persuasive.
Applicant(s) argues “in particular claim 1, claims in part, a practical application of a database system that (1) forecast the power consumption per unit of time required to execute of a plurality of query operations, (2) determine to generate a power/time profile regarding the query, and (3) produces a set of power/time for a set of query plans…”
Examiner respectfully disagree with the above argument. The forecasting the power consumption, the determine to generate a power/time profile and generate a set of power/time profiles for the set of query plans are still mental process and the mental process which execute in the generic compute components.
Applicant(s) argues “the applicant has amended the claims to overcome the present rejection.”
Please see new reference Aashein et al. (Pub. No. US 2004/0268159 A1) and the details reasoning below.
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.
3. Claims 21-38 are rejected under 35 U.S.C. : 101 because the claimed invention is directed to abstract idea without significantly more.
Step 1 (See MPEP 2106).
Claims 21-38 are directed to a system and computer memory which belongs to a statutory class.
Step 2A, Prong One:
Claim 21 and 30 recite "determining whether to optimize power/time execution of the query and when it is determined to optimize power/time execution of the query, determine whether the query has been power/time profiled, wherein the power/time profile represents forecast power consumption per unit of time by the set of processing core resources during execution of the plurality of query operations" which are processes that, under its broadest reasonable interpretation, covers performance of the limitation by Mental Process, but for the recitation of generic computer components. Nothing in the claim element precludes the steps from practically being performed in the human mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation by mental process, but for the recitation of generic computer components, then it falls within the "Mental Processes" grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A, Prong Two:
Claims 21 and 30, claim 21 recited a plurality of computing device and claim 30 include memory and instruction for operating the query time/power profile concept. These are generic computer components and program which use to perform abstract ideas.
"A plurality of computing device clusters, wherein a computing device cluster of the plurality of computing device clusters includes a plurality of computing devices, wherein a computing device of the plurality of computing devices includes a plurality of computing nodes, wherein a computing node of the plurality of computing nodes includes a plurality of processing core resources" are devices which performs the abstract idea.
"receiving, from a first user, a first request to perform a first transaction on at least one data record" is insignificant extra-solution activity. This does not provide integration into a practical application.
"when the query has not been power/time profiled: generating a set of query plans for the query and generating a set of power/time profiles for the set of query plans, wherein a power/time profile of the set of power/time profiles corresponds to a query plan of the set of .query plans" is insignificant extra-solution activity. This does not provide integration into a practical application
The limitation is thus insignificant extra-solution activity. Limitations that the courts have found not to be enough to qualify as "significantly more" when recited in a claim with a judicial exception include: i. Adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, e.g., a limitation indicating that a particular function such as creating and maintaining electronic records is performed by a computer, as discussed in Alice Corp., 134 S. Ct. at 2360, 110 USPQ2d at 1984 (see MPEP § 2106.05(f)). 2106.05(g)-Insignificant. Extra-Solution Activity.
Step 2B:
The conclusions for the mere implementation using a computer are carried over and does not provide significantly more.
Looking at the claim as a whole does not change this conclusion and the claim is ineligible.
As to claims 22 and 31, the limitation "when the query has been power/time profiled: receive a set of stored query plans for the query; and receive a set of stored power/time profiles for the set of query plan" is additional element which is insignificant to amount significantly more.
As to claims 23 and 32, the limitation "suggest a query plan of the set of query plans for execution of the query based on the query plans power/time profile" is additional an additional element which is insignificantly more to amount significantly more.
As to claims 24 and 33, the limitation "suggest a query plan of the set of query plans for execution of the query based on the query plans power/time profile and an amount of database resources available within a first time period" is additional element which is insignificantly to amount significantly more.
As to claims 25 and 34, the limitation "a power/time profile of the set of power/time profiles includes sub-portions" is further defined what a power/time profile is and insignificantly more.
As to claims 26 and 35, the limitation "a query plan of the set of query plans includes sub-portions of the query plan, wherein the sub-portions of the query plan correspond to the sub-portions of the power/time profile" is the query plan is and significantly more and significantly more.
As to claims 27 and 36, the limitation "database resources of the database system are allocated to sub-portions of the query plan based on the respective sub-portions of the power/time profile.
As to claims 28 and 37, the limitation "a set of processing core resources includes one or more processing core resources" is the defined what processing core is and insignificantly more to amount significantly more.
As to claims 29 and 38, the limitations
"Determine whether to optimize power/time execution of the second query;" which are processes that, under its broadest reasonable interpretation, covers performance of the limitation by Mental Process, but for the recitation of generic computer components. Nothing in the claim element precludes the steps from practically being performed in the human mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation by mental process, but for the recitation of generic computer components, then it falls within the "Mental Processes" grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
"When it is determined to optimize power/time execution of thee second query, determine whether the second query has been power/time profiled; when the second query has not been power/time profiled: generate a second set of query plans for the second query; and generate a second set of power/time profiles for the second set of query plans, wherein a power/time profile of the second set of power/time profiles corresponds to a query plan of the second set of query plans" is insignificant extra-solution activity. This does not provide integration into a practical application.
"Receive a second request to execute a second query regarding the dataset, wherein the second query includes a second plurality of query operations" is insignificant extra-solution activity. This does not provide integration into a practical application
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 inventior 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
4. Claim(s) 21-25, 28-34 and 37-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. (Pub. No. US 2024/0078235 A1) in view of Kondiles et al. (Pub. No. US 2020/0117664 A1) and further in view of Aashein et al. (Pub. No. US 2004/0268159 A1).
1-20 (Canceled)
As to claim 21, (New) Jiang discloses a query and response sub-system of a database system comprises:
wherein a set of processing core resources of the pluralities of processing core resources is operable to:
receive a request to execute a query regarding a dataset, wherein the dataset includes a plurality of rows of columnar data, wherein the columnar data includes a plurality of columns of data, wherein the query includes a plurality of query operations (an end-user of a distributed database submits a query for execution database) (paragraph 0062);
determine whether to optimize power/time execution of the query (resource profile for the query) (paragraph 0053);
when it is determined to optimize power/time execution of the query, determine whether the query has been power/time profiled (an end-user of a distributed database submits a query for execution on database data using a plurality of nodes (e.g., execution nodes);
when the query has not been power/time profiled:
generate a set of query plans for the query (generates a predict resource profile for the query) (paragraph 0062); and
generate a set of power/time profiles for the set of query plans, wherein a power/time profile of the set of power/time profiles corresponds to a query plan of the set of query plans (the first machine learning scheme receives a query plan (e.g., query graph and directed acrylic graph) and metadata values generated from a complier of the database and generates the predicts resource profile) (paragraph 0062).
Jiang does not explicitly disclose a plurality of computing device clusters, wherein a computing device cluster of the plurality of computing device clusters includes a plurality of computing devices, wherein a computing device of the plurality of computing devices includes a plurality of computing nodes, wherein a computing node of the plurality of computing nodes includes a plurality of processing core resources and wherein the power/time profile represent forecast power consumption per unit of time by the set of processing cores However, Jiang discloses nodes and processing node. Kondiles discloses a plurality of computing device clusters, wherein a computing device cluster of the plurality of computing device clusters includes a plurality of computing devices, wherein a computing device of the plurality of computing devices includes a plurality of computing nodes, wherein a computing node of the plurality of computing nodes includes a plurality of processing core resources (how many storage cluster are storing segment group, how may computing devices are in a storage cluster, how many nodes per computing device and/or how may processing cores resources per node) (paragraph 0140). This suggests the claim language a plurality of computing device clusters, wherein a computing device cluster of the plurality of computing device clusters includes a plurality of computing devices, wherein a computing device of the plurality of computing devices includes a plurality of computing nodes, wherein a computing node of the plurality of computing nodes includes a plurality of processing core resources. Aasheim discloses wherein the power/time profile represent forecast power consumption per unit of time by the set of processing cores. However, Jiang discloses nodes and processing node (each time the power profile 220 samples the program counter 204 to identify a software instruction executing processor 200… Thus, power consumption data 214 may be receives as one value per query sent in real time from power profile 220 or it may be received as a group of power consumption value that has been previously stored in memory 212 on power measurement circuit 106) (paragraph 0032). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the instant application to modify teaching to modify teaching of Jiang to include a plurality of computing device clusters, wherein a computing device cluster of the plurality of computing device clusters includes a plurality of computing devices, wherein a computing device of the plurality of computing devices includes a plurality of computing nodes, wherein a computing node of the plurality of computing nodes includes a plurality of processing core resources and as disclosed by Kondiles and Betz to provide query planning for execution.
As to claim 22, Jiang discloses the query and response sub-system of claim 21, wherein the set of processing core resources are further operable to:
when the query has been power/time profiled:
receive a set of stored query plans for the query (generates a predict resource profile for the query) (paragraph 0062); and
receive a set of stored power/time profiles for the set of query plans (the first machine learning scheme receives a query plan (Al operation 515, the query resource database system 230 generate a predicted resource profile for the query. For example, the first machine learning scheme receives a query plan (e.g., query graph and directed acrylic graph) and metadata values generated from a complier of the database and generates the predicts resource profile) (paragraph 0062).
As to claim 23, Jiang discloses the query and response sub-system of claim 21, wherein the set of processing core resources are further operable to:
suggest a query plan of the set of query plans for execution of the query based on the query plans power/time profile (Al operation 515, the query resource database system 230 generate a predicted resource profile for the query. For example, the first machine learning scheme receives a query plan (e.g., query graph and directed acrylic graph) and metadata values generated from a complier of the database and generates the predicts resource profile) (paragraph 0062).
As to claim 24 (New), Jiang discloses the query and response sub-system of claim 21, wherein the set of processing core resources are further operable to:
suggest a query plan of the set of query plans for execution of the query based on the query plans power/time profile and an amount of database resources available within a first time period (Al operation 515, the query resource database system 230 generate a predicted resource profile for the query. For example, the first machine learning scheme receives a query plan (e.g., query graph and directed acrylic graph) and metadata values generated from a complier of the database and generates the predicts resource profile) (paragraph 0062).
As to claim 25 (New) Jiang discloses the query and response sub-system of claim 21, wherein a power/time profile of the set of power/time profiles includes sub-portions (Al operation 515, the query resource database system 230 generate a predicted resource profile for the query. For example, the first machine learning scheme receives a query plan (e.g., query graph and directed acrylic graph) and metadata values generated from a complier of the database and generates the predicts resource profile) (paragraph 0062).
As to claim 28 (New) Jiang discloses the query and response sub-system of claim 21, wherein a set of processing core resources includes one or more processing core resources (cores) (paragraph 0088).
As to claim 29 (New) Jiang discloses the query and response sub-system of claim 21, wherein a second set of processing core resources of the pluralities of processing core resources is operable to:
receive a second request to execute a second query regarding the dataset, wherein the second query includes a second plurality of query operation (an end-user of a distributed database submits a query for execution on database data using a plurality of nodes (e.g., execution nodes) (paragraph 0062);
determine whether to optimize power/time execution of the second query (an end-user of a distributed database submits a query for execution on database data using a plurality of nodes (e.g., execution nodes) (generates a predict resource profile for the query) (paragraph 0062) ;
when it is determined to optimize power/time execution of the second query, determine whether the second query has been power/time profiled (the first machine learning scheme receives a query plan (e.g., query graph and directed acrylic graph) (paragraph 0062) ;
when the second query has not been power/time profiled:
generate a second set of query plans for the second query (the first machine learning scheme receives a query plan (e.g., query graph and directed acrylic graph) (paragraph 0062); and
generate a second set of power/time profiles for the second set of query plans, wherein a power/time profile of the second set of power/time profiles corresponds to a query plan of the second set of query plans (the first machine learning scheme receives a query plan (e.g., query graph and directed acrylic graph) and metadata values generated from a complier of the database and generates the predicts resource profile) (paragraph 0062). .
Claim 30 is rejected under the same reason as to claim 1, Jiang discloses a computer- readable memory (memory) (paragraph 0092) comprises: a first memory section that stores operational instructions (instructions) (paragraph 0092) that, when executed by a set of processing core resources of pluralities of processing core resources query and response sub- - system of a database system, causes the set of processing core resources (processors) (paragraph 0092)
Claims 31 is rejected under the same reason as to claim 22.
Claim 32 is rejected under the same reason as to claim 23.
Claim 33 is rejected under the same reason as to claim 24.
Claim 34 is rejected under the same reason as to claim 25.
Claim 37 is rejected under the same reason as to claim 28.
Claim 38 is rejected under the same reason as to claim 29.
5. Claim(s) 26-27 and 35-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. (Pub. No. US 2024/0078235 A1) in view of Kondiles et al. (Pub. No. US 2020/0117664 A1) further in view of Aashein et al. (Pub. No. US 2004/0268159 A1) and further in view of McConnell (Pub. No. US 2021/0133193 A1).
As to claim 26 (New) Jiang, Kondiles and Aashein disclose the query and response sub-system of claim 25 excepting for wherein a query plan of the set of query plans includes sub-portions of the query plan, wherein the sub-portions of the query plan correspond to the sub-portions of the power/time profile. However, McConnell disclose a query plan of the set of query plans includes sub-portions of the query plan, wherein the sub-portions of the query plan correspond to the sub-portions of the power/time (the query plan includes sub-queries to access one or more of data source 8. Query system 10 may distribute the sub-queries generated for a query in parallel to multiple sources 8...) (paragraph 0021). This suggests wherein the sub-portions of the query plan correspond to the sub-portions of the power/time profile. Therefore, it would have been obvious to one ordinary skill in the art before effective filing date of the instant application to modify teaching of Jiang, Kondiles and Aashein to include a query plan of the set of query plans includes sub-portions of the query plan, wherein the sub-portions of the query plan correspond to the sub-portions of the power/time as disclosed by McConnell in order to provide planning query execution.
As to claim 27 (New) Jiang, Kondiles and Aashein disclose the query and response sub-system of claim 26 excepting for wherein database resources of the database system are allocated to sub- portions of the query plan based on the respective sub-portions of the power/time profile. However, McConnell discloses database resources of the database system are allocated to sub-portions of the query plan based on the respective sub-portions of the power/time profile (the query plan includes sub-queries to access one or more of data source 8. Query system 10 may distribute the sub-queries generated for a query in parallel to multiple sources 8...) (paragraph 0021). This suggests wherein database resources of the database system are allocated to sub-portions of the query plan based on the respective sub-portions of the power/time profile. Therefore, it would have been obvious to one ordinary skill in the art before effective filing date of the instant application to modify teaching of Jiang, Kondiles and Ashein to include database resources of the database system are allocated to sub-portions of the query plan based on the respective sub-portions of the power/time profile as disclosed by McConnell in order to provide planning query execution.
Claim 35 is rejected under the same reason as to claim 26.
Claim 36 is rejected under the same reason as to claim 27.
Conclusion
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BAOQUOC N. TO
Examiner
Art Unit 2154
/BAOQUOC N TO/Primary Examiner, Art Unit 2154
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