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 .
1. This action is in response to application 18/932,882, filed on 10/31/2024.
2. Claims 2-22 are pending.
Information Disclosure Statement
3. IDS(s) filed on 10/31/2024 and 12/08/2025 has been considered.
Drawings/Specifications
4. The Drawings and Specifications filed on 10/31/2024 have been accepted.
Double Patenting
5. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
6. Claims 2-22 are rejected on the ground of nonstatutory double patenting as anticipated by claims 2-21 of U. S. Patent# 10,904,112 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent. The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter.
7. Claims 2-22 are rejected on the ground of nonstatutory double patenting as anticipated by claims 2-23 of U. S. Patent# 12,155,543 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent. The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter.
See Chart below for claim comparison example:
Claim 2 of ‘112
A method for monitoring a distributed business transaction, comprising: configuring, through a controller in communication with a plurality of agents over a network, diagnostic parameters for the plurality of agents, the plurality of agents a) installed on a plurality of remote computers and b) configured to monitor an application that provides the distributed business transaction, the application running on at least some of the remote computers; receiving, by the controller and from some of the plurality of agents, runtime data associated with requests of the application, the runtime data indicative of performance of the distributed business transaction; determining, by the controller and from the received runtime data, a hot spot representing a performance issue associated with the distributed business transaction by a)_comparing the runtime data to an identified dynamic data path of a stable state of the distributed business transaction and b) determining that one or more methods in the received runtime data exceeds a cyclometric complexity threshold, wherein the identified dynamic data path of the stable state is a dynamically changing runtime execution path of the distributed business transaction that is learned by the controller based on existing distributed business transactions from which hot spots have already been learned; and instructing, by the controller and in response to determining the hot spot, an agent of the plurality of agents to implement a diagnostic session by implementing modifications to the diagnostic parameters of the agent to collect hot spot data associated with the hot spot that is in addition to the runtime data
Claim 2 of ‘543
A method for monitoring a distributed application running in a network, comprising: monitoring a plurality of application servers configured to provide part of a distributed application; receiving runtime data relating to the plurality of application servers configured to provide part of the distributed application; analyzing at least a portion of the runtime data to determine a performance issue affecting a performance of a business transaction within the distributed application; providing, by a controller, instructions to a data collection server to retrieve additional runtime data related to the performance issue; receiving the additional runtime data based on the provided instructions; analyzing the received additional runtime data to adaptively learn of an application hot spot affecting a performance of the distributed application; and reporting the application hot spot information to a user.
Claim 2 of instant application
A method comprising: receiving, by a controller, first runtime data from a plurality of monitored services running on a plurality of remote computers, the services collectively providing a distributed application; sending, by the controller, instructions to one or more agents associated with the one or more monitored services to increase the level of monitoring for the services; at each agent receiving the instructions, modifying the associated service to enable the increased level of monitoring; and receiving, at the controller, second runtime data from the plurality of monitored services, wherein the second runtime data includes increased monitoring information compared to the first runtime data.
Allowable Subject Matter
8. Claims 2-22 are allowable if the claims overcome the Double Patenting rejection rendered above. A detailed reasons for allowance will be provided once the application is in allowable form.
Conclusion
Relevant Prior Art Not Relied Upon
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The additional cited art, including but not limited to the excerpts below, further establishes the state of the art at the time of Applicant’s invention and shows the following was known:
The present invention, known as runspace, relates to the field of computing system management, data processing and data communications, and specifically to synergistic methods and systems which provide resource-efficient computation, especially for decomposable many-component tasks executable on multiple processing elements, by using a metric space representation of code and data locality to direct allocation and migration of code and data, by performing analysis to mark code areas that provide opportunities for runtime improvement, and by providing a low-power, local, secure memory management system suitable for distributed invocation of compact sections of code accessing local memory. Runspace provides mechanisms supporting hierarchical allocation, optimization, monitoring and control, and supporting resilient, energy efficient large-scale computing. (Khan et al. ‘507)
System, method and computer program for distributing updates to software in a plurality of client servers. A client management server includes a first program to determine what updates to the software are needed for installation at each of the client servers. A distribution server obtains the needed software updates from one or more software vendors and furnishes the needed software updates to the client management server. The client management server further includes a second program to install the needed software updates at the client servers, a third program to determine what updates to the first program are needed for installation at the client management server, and a fourth program to install the needed program updates at the client management server. The distribution server furnishes the needed program updates to the client management server. Staging or installation of the software updates can be simulated and the simulation results displayed to a user before the actual staging or installation of the software updates. After installation of the software updates, the client servers can be rebooted at different times to maintain availability of the software to users. (Canning et al. ‘001)
For today's traffic management and control systems, availability (defined as the degree to which a system is operable at any given point in time) is of increasing importance. This concerns on one hand hardware and on the other hand software. While in case of a failure in a hardware circuit, a watchdog resets the faulty control-unit, for the monitoring of software, patterns like the Watchdog Pattern, the Safety Executive Pattern or improvements to them might be applied. As these patterns primarily target the monitoring of a single software component running on one node, extensions are necessary that allow supervising complex, multi-threaded components and, thus, fully distributed applications. This paper presents two approaches applicable to the domain of Variable Message Signs (VMS). Both solutions make use of the Web-Based Enterprise Management (WBEM) technology to acquire status information of the underlying multi-threaded components, and to start-up the system whenever necessary. For a proof-of-concept implementation the Windows Management Instrumentation (WMI) has been applied. (Stogerer et al. “Approaches for increasing availability of component-based traffic management software”)
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/DAVOUD A ZAND/Primary Examiner, Art Unit 2445
