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 .
Claims 1-10 are presented for examination.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-10 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,124,316 to Flynn et al. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-10 of the instant application are anticipated by patent claims 1-10 in that the patent claims contain all the limitations of the instant application claims.
Instant application (claim 1)
US Pat No 12,124,316 (claim 1)
A system for reducing energy consumption in providing remote resources, the system comprising:
A system for reducing energy consumption in providing remote resources, the system comprising:
a first plurality of computing nodes, wherein the first plurality of computing nodes include cooling systems;
a first plurality of computing nodes in a first time zone, wherein the first plurality of computing nodes include cooling systems;
an energy management device including a processor and memory storing instructions that when executed cause the system to perform a set of operations comprising:
an energy management device including a processor and memory storing instructions that when executed cause the system to perform a set of operations comprising:
aggregating prior usage data from the first plurality of computing nodes;
aggregating prior usage data from the first plurality of computing nodes;
based on the aggregated prior usage data from the first plurality of computing nodes, determining a first usage threshold for decreasing cooling system output for the first plurality of computing nodes;
based on the aggregated prior usage data from the first plurality of computing nodes, determining a first usage threshold for decreasing cooling system output for the first plurality of computing nodes;
receiving current usage data for the first plurality of computing nodes;
receiving current usage data for the first plurality of computing nodes;
detecting that the current usage data for the first plurality of computing nodes has reached the first usage threshold;
detecting that the current usage data for the first plurality of computing nodes has reached the first usage threshold;
based on the current usage data for the first plurality of computing nodes reaching the first usage threshold, decreasing output of the cooling systems of the first plurality of computing nodes;
based on a local time for the first plurality of nodes and the current usage data for the first plurality of computing nodes reaching the first usage threshold, decreasing output of the cooling systems of the first plurality of computing nodes;
determining a slope immediately prior to a threshold intersection point of the current usage data for the first plurality of computing nodes; and
determining a slope immediately prior to a threshold intersection point of the current usage data for the first plurality of computing nodes; and
determining that a magnitude of the determined slope is less than an immediate-slope threshold, wherein decreasing output of the cooling systems of the first plurality of computing nodes is further based on the determination that magnitude of the determined slope is less than the immediate-slope threshold.
determining that a magnitude of the determined slope is less than an immediate-slope threshold, wherein decreasing output of the cooling systems of the first plurality of computing nodes is further based on the determination that magnitude of the determined slope is less than the immediate-slope threshold.
Claims 1-10 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11,747,884 to Flynn et al. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-10 of the instant application are anticipated by patent claims 1-10 in that the patent claims contain all the limitations of the instant application claims.
Instant application (claim 1)
US Pat No 11,747,884 (claim 1)
A system for reducing energy consumption in providing remote resources, the system comprising:
A system for reducing energy consumption in providing remote resources, the system comprising:
a first plurality of computing nodes, wherein the first plurality of computing nodes include cooling systems;
a first plurality of computing nodes in a first time zone, wherein the first plurality of computing nodes include cooling systems;
a second plurality of computing nodes in a second time zone, wherein the second plurality of computing nodes include cooling systems; and
an energy management device including a processor and memory storing instructions that when executed cause the system to perform a set of operations comprising:
an energy management device including a processor and memory storing instructions that when executed cause the system to perform a set of operations comprising:
aggregating prior usage data from the first plurality of computing nodes;
aggregating prior usage data from the first plurality of computing nodes;
aggregating prior usage data from the second plurality of computing nodes;
based on the aggregated prior usage data from the first plurality of computing nodes, determining a first usage threshold for decreasing cooling system output for the first plurality of computing nodes;
based on the aggregated prior usage data from the first plurality of computing nodes, determining a first usage threshold for decreasing cooling system output for the first plurality of computing nodes;
based on the aggregated prior usage data from the second plurality of computing nodes, determining a second usage threshold for decreasing cooling system output for the second plurality of computing nodes;
receiving current usage data for the first plurality of computing nodes;
receiving current usage data for the first plurality of computing nodes;
detecting that the current usage data for the first plurality of computing nodes has reached the first usage threshold;
detecting that the current usage data for the first plurality of computing nodes has reached the first usage threshold;
based on the current usage data for the first plurality of computing nodes reaching the first usage threshold, decreasing output of the cooling systems of the first plurality of computing nodes;
based on a local time for the first plurality of nodes and the current usage data for the first plurality of computing nodes reaching the first usage threshold, decreasing output of the cooling systems of the first plurality of computing nodes;
receiving current usage data for the second plurality of computing nodes;
detecting that the current usage data for the second plurality of computing nodes has reached the second usage threshold;
based on a local time for the second plurality of nodes and the current usage data for the second plurality of computing nodes reaching the second threshold, decreasing output of the cooling systems of the second plurality of computing nodes;
determining a slope immediately prior to a threshold intersection point of the current usage data for the first plurality of computing nodes; and
determining a slope immediately prior to a threshold intersection point of the current usage data for the first plurality of computing nodes; and
determining that a magnitude of the determined slope is less than an immediate-slope threshold, wherein decreasing output of the cooling systems of the first plurality of computing nodes is further based on the determination that magnitude of the determined slope is less than the immediate-slope threshold.
determining that a magnitude of the determined slope is less than an immediate-slope threshold; and wherein decreasing output of the cooling systems of the first plurality of computing nodes is further based on the determination that magnitude of the determined slope is less than the immediate-slope threshold.
Claims 1-10 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-2, 4-7 and 9-12 of U.S. Patent No. 11,397,459 to Flynn et al. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-10 of the instant application are anticipated by patent claims 1-2, 4-7 and 9-12 in that the patent claims contain all the limitations of the instant application claims.
While below will show that the instant application is directed to a “slope immediately prior to a threshold intersection point” and the ‘884 patent is directed to a “slope between the peak and a threshold intersection point”, it should be noted that the point immediately prior to is between the peak and threshold intersection point. Alternatively, between the peak and the threshold intersection points includes the point immediately prior to the threshold intersection point.
Instant application (claim 1)
US Pat No 11,747,884 (claim 1)
A system for reducing energy consumption in providing remote resources, the system comprising:
A system for reducing energy consumption in providing remote resources, the system comprising:
a first plurality of computing nodes, wherein the first plurality of computing nodes include cooling systems;
a first plurality of computing nodes in a first time zone, wherein the first plurality of computing nodes include cooling systems;
a second plurality of computing nodes in a second time zone, wherein the second plurality of computing nodes include cooling systems; and
an energy management device including a processor and memory storing instructions that when executed cause the system to perform a set of operations comprising:
an energy management device including a processor and memory storing instructions that when executed cause the system to perform a set of operations comprising:
aggregating prior usage data from the first plurality of computing nodes;
aggregating prior usage data from the first plurality of computing nodes;
aggregating prior usage data from the second plurality of computing nodes;
based on the aggregated prior usage data from the first plurality of computing nodes, determining a first usage threshold for decreasing cooling system output for the first plurality of computing nodes;
based on the aggregated prior usage data from the first plurality of computing nodes, determining a first usage threshold for decreasing cooling system output for the first plurality of computing nodes;
based on the aggregated prior usage data from the second plurality of computing nodes, determining a second usage threshold for decreasing cooling system output for the second plurality of computing nodes;
receiving current usage data for the first plurality of computing nodes;
receiving current usage data for the first plurality of computing nodes;
detecting that the current usage data for the first plurality of computing nodes has reached the first usage threshold;
detecting that the current usage data for the first plurality of computing nodes has reached the first usage threshold;
based on the current usage data for the first plurality of computing nodes reaching the first usage threshold, decreasing output of the cooling systems of the first plurality of computing nodes;
based on a local time for the first plurality of nodes and the current usage data for the first plurality of computing nodes reaching the first usage threshold, decreasing output of the cooling systems of the first plurality of computing nodes;
receiving current usage data for the second plurality of computing nodes;
detecting that the current usage data for the second plurality of computing nodes has reached the second usage threshold;
based on a local time for the second plurality of nodes and the current usage data for the second plurality of computing nodes reaching the second threshold, decreasing output of the cooling systems of the second plurality of computing nodes;
identifying a peak of the current usage data for the first plurality of computing nodes;
determining a slope immediately prior to a threshold intersection point of the current usage data for the first plurality of computing nodes; and
determining a slope between the peak and a threshold intersection point of the current usage data for the first plurality of computing nodes; and
determining that a magnitude of the determined slope is less than an immediate-slope threshold, and
determining that a magnitude of the determined slope is less than a peak-to-threshold slope threshold; and
wherein decreasing output of the cooling systems of the first plurality of computing nodes is further based on the determination that magnitude of the determined slope is less than the immediate-slope threshold.
wherein decreasing output of the cooling systems of the first plurality of nodes is further based on the determination that magnitude of the determined slope is less than the peak-to-threshold slope threshold.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance:
PGPUB 2020/0072538 to Woolf teaches predicting heat based on activity [0043].
PGPUB 2015/0331466 to Rozen teaches activity can be determined to predict power consumption and heat generation [0042].
The prior art of record does not teach or suggest either individually or in combination, decreasing output of a cooling system based on determination that the usage data is below a usage threshold and a magnitude of a slope immediately prior to a threshold usage intersection point of the current usage data is less than an immediate-slope threshold.
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.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK A CONNOLLY whose telephone number is (571)272-3666. The examiner can normally be reached Monday-Friday 9am-5pm.
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/MARK A CONNOLLY/Primary Examiner, Art Unit 2115 8/5/26
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