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 .
Detailed Action
Claims 1-20 are presenting for examination.
The non-statutory 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 non-statutory 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 non-statutory 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-3, 9-10, 12-14, and 16-19 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-2, 8-9, 11-13, 16, and 18-19 of U.S. Patent No. 12,166,810. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent 810 anticipates claims 1-3, 9-10, 12-14, and 16-19 as been shown in the table below.
18/942,160
12,166,81
1. A system comprising: one or more memories storing computer-executable instructions; and one or more hardware processors to execute the computer-executable instructions to: determine first command data indicative of a function; determine one or more first characteristics of a first cluster resource; determine second command data based on the first command data and the one or more first characteristics; provide the second command data to the first cluster resource, wherein the second command data causes the first cluster resource to perform the function; receive first telemetry data from the first cluster resource, wherein the first telemetry data indicates one or more second characteristics associated with performance of the function by the first cluster resource; and determine output data based on the one or more second characteristics.
2. The system of claim 1, further comprising computer-executable instructions to: determine one or more second characteristics of a second cluster resource; generate third command data based on the first command data and the one or more second characteristics; provide the third command data to the second cluster resource, wherein the third command data causes the second cluster resource to perform the function; and receive second telemetry data from the second cluster resource, wherein the second telemetry data indicates one or more third characteristics associated with performance of the function by the second cluster resource, wherein the output data is further determined based on the one or more third characteristics.
1. A system comprising: one or more memories storing computer-executable instructions; and one or more hardware processors to execute the computer-executable instructions to: determine first command data, wherein the first command data is indicative of: a first cluster resource associated with one or more first computing devices; a second cluster resource associated with one or more second computing devices; and a function for the first cluster resource and the second cluster resource; determine, based on resource data, one or more first characteristics of the first cluster resource, wherein the resource data associates one or more cluster resources with characteristics of the one or more cluster resources; determine, based on the resource data, one or more second characteristics of the second cluster resource, wherein the one or more second characteristics of the second cluster resource differ from the one or more first characteristics of the first cluster resource; generate second command data based on the first command data and the one or more first characteristics; provide the second command data to the first cluster resource, wherein the second command data causes the first cluster resource to perform the function; receive first telemetry data from the first cluster resource, wherein the first telemetry data indicates one or more third characteristics associated with performance of the function by the first cluster resource; generate third command data based on the first command data and the one or more second characteristics; provide the third command data to the second cluster resource, wherein the third command data causes the second cluster resource to perform the function; receive second telemetry data from the second cluster resource, wherein the second telemetry data indicates one or more fourth characteristics associated with performance of the function by the second cluster resource; and determine output data based on the one or more third characteristics and the one or more fourth characteristics.
3. The system of claim 1, further comprising computer-executable instructions to: determine a first target state associated with the function; determine a second target state that corresponds to the first target state and is associated with the first cluster resource; determine, based on the first telemetry data, a first state of the first cluster resource after providing the second command data to the first cluster resource; and determine correspondence between the first state and the second target state, wherein the output data is further determined based on the correspondence.
2. The system of claim 1, wherein the function is associated with a first target state for the first cluster resource, the system further comprising computer-executable instructions to: determine a second target state based on function data that associates the first target state with the second target state; determine, based on the first telemetry data, a first state of the first cluster resource after providing the second command data to the first cluster resource; and determine correspondence between the first state and the second target state, wherein the output data is indicative of the correspondence between the first state and the second target state.
9. The system of claim 1, further comprising computer-executable instructions to: determine a source of the first command data; determine permission data associated with the source, wherein the permission data indicates one or more of: at least one function or at least one cluster resource; and determine one or more of: first correspondence between the permission data and the first cluster resource; or second correspondence between the permission data and the function; wherein the second command data is generated in response to the one or more of the first correspondence or the second correspondence.
8. The system of claim 1, further comprising computer-executable instructions to: determine a source of the first command data; determine permission data associated with the source, wherein the permission data indicates one or more of: at least one function or at least one cluster resource; and determine one or more of: first correspondence between the first cluster resource, the second cluster resource, and the permission data; or second correspondence between the function and the permission data; wherein the second command data and the third command data are generated in response to the one or more of the first correspondence or the second correspondence.
10. A system comprising: one or more memories storing computer-executable instructions; and one or more hardware processors to execute the computer-executable instructions to: determine first command data indicative of a first target state; determine a second target state of a first cluster resource that corresponds to the first target state; provide one or more of the first command data or second command data based on the first command data to the first cluster resource, wherein the one or more of the first command data or the second command data causes the first cluster resource to perform a function; receive first telemetry data from the first cluster resource, wherein the first telemetry data indicates a first state of the first cluster resource after providing the one or more of the first command data or the second command data to the first cluster resource; determine first correspondence between the first state and the second target state; and determine output data based on the first correspondence between the first state and the second target state.
9. A system comprising: one or more memories storing computer-executable instructions; and one or more hardware processors to execute the computer-executable instructions to: determine first command data indicative of: a first cluster resource, and a first target state for the first cluster resource; provide, to the first cluster resource, one or more of: the first command data; or second command data based on the first command data; wherein the one or more of the first command data or the second command data causes the first cluster resource to perform a function associated with the first target state; determine a second target state based on function data associated with the function, wherein the function data associates the first target state with the second target state; receive first telemetry data from the first cluster resource, wherein the first telemetry data indicates a first state of the first cluster resource after providing the one or more of the first command data or the second command data to the first cluster resource; determine correspondence between the first state and the second target state; and determine output data based on the correspondence between the first state and the second target state.
12. The system of claim 10, further comprising computer-executable instructions to: determine one or more intermediate states associated with one or more of the first cluster resource, the first target state, the second target state, or the function; before determining the first state, determine a second state of the first cluster resource; determine a lack of correspondence between the second state and the one or more intermediate states; and based on the lack of correspondence, one or more of: include an indication of the lack of correspondence in the output data; or provide third command data to the first cluster resource to cause the first cluster resource to one or more of: restart the function or return the first cluster resource to an initial state.
11. The system of claim 9, further comprising computer-executable instructions to: determine, based on the function data, one or more intermediate states associated with one or more of the first target state, the second target state, or the function; before determining the first state based on the first telemetry data, determine a second state of the first cluster resource; determine a lack of correspondence between the second state and the one or more intermediate states; and based on the lack of correspondence, one or more of: include an indication of the lack of correspondence in the output data; or provide third command data to the first cluster resource to cause the first cluster resource to one or more of: restart the function or return to the first state.
13. The system of claim 10, further comprising computer-executable instructions to: determine one or more intermediate states associated with one or more of the first cluster resource, the first target state, the second target state, or the function; before determining the first state, determine a second state of the first cluster resource; and determine second correspondence between the second state and the one or more intermediate states, wherein the first correspondence is determined after determining the second correspondence.
12. The system of claim 9, further comprising computer-executable instructions to: determine, based on the function data, one or more first intermediate states associated with the first target state; before determining the first state based on the first telemetry data, determine a second state of the first cluster resource; and determine that the second state corresponds to at least one first intermediate state of the one or more first intermediate states; wherein the correspondence between the first state and the second target state is determined after determining that the second state corresponds to the at least one first intermediate state of the one or more first intermediate states.
14. The system of claim 10, further comprising computer-executable instructions to: determine a first intermediate state and a second intermediate state associated with the second target state, wherein the first intermediate state precedes the second intermediate state; determine, based on the first telemetry data, a second state of the first cluster resource after providing the one or more of the first command data or the second command data to the first cluster resource; at a first time: determine second correspondence between the second state and the second intermediate state; and determine that third correspondence between a third state of the first cluster resource and the first intermediate state preceded the first correspondence; wherein the first correspondence between the first state and the second target state is determined at a second time after the first time.
13. The system of claim 12, further comprising computer-executable instructions to: determine, based on the function data, one or more second intermediate states associated with the second state; before determining the first state based on the first telemetry data, determine a third state of the first cluster resource; and determine that the third state corresponds to at least one second intermediate state of the one or more second intermediate states; wherein the correspondence between the first state and the second target state is determined after determining that the third state corresponds to the at least one second intermediate state of the one or more second intermediate states.
16. The system of claim 10, further comprising computer-executable instructions to: determine a third target state of a second cluster resource that corresponds to the first target state; provide one or more of the first command data or third command data based on the first command data to the second cluster resource, wherein the one or more of the first command data or the third command data causes the second cluster resource to perform the function; receive second telemetry data from the second cluster resource, wherein the second telemetry data indicates a second state of the second cluster resource after providing the one or more of the first command data or the third command data to the second cluster resource; and determine second correspondence between the second state and the third target state, wherein the output data is further based on the second correspondence.
16. The system of claim 15, wherein the first command data further indicates a second cluster resource, the system further comprising computer-executable instructions to: determine, based on the resource data, one or more second characteristics of the second cluster resource; and generate third command data based on the first command data and the one or more second characteristics, wherein the third command data differs from the second command data; provide the third command data to the second cluster resource, wherein the third command data causes the second cluster resource to perform the function; receive second telemetry data from the second cluster resource, wherein the second telemetry data indicates a second state associated with performance of the function by the second cluster resource; and determine correspondence between the second state and the second target state; wherein the output data is further based on the correspondence between the second state and the second target state.
17. A computer-implemented method comprising: determining first command data indicative of a function; determining one or more first characteristics of a first cluster resource; determining second command data based on the first command data and the one or more first characteristics; providing the second command data to the first cluster resource, wherein the second command data causes the first cluster resource to perform the function; receiving first telemetry data from the first cluster resource, wherein the first telemetry data indicates one or more second characteristics associated with performance of the function by the first cluster resource; and determining output data based on the one or more second characteristics.
18. The method of claim 17, further comprising: determining a first state associated with the function; determining one or more second states that correspond to the first state and are associated with the first cluster resource; determining a third state of the first cluster resource based on the first telemetry data; and determining correspondence between the third state and the one or more second states, wherein the output data is further determined based on the correspondence between the third state and the one or more second states.
18. A computer-implemented method comprising: receiving first command data indicative of a first cluster resource and a function for performance using the first cluster resource; determining, based on resource data associated with the first cluster resource, one or more first characteristics of the first cluster resource; generating second command data based on the first command data and the one or more first characteristics; providing the second command data to the first cluster resource, wherein the second command data causes the first cluster resource to perform the function; determining a first state associated with the function; determining, based on function data associated with the function, one or more second states associated with one or more of the function or the first state; receiving first telemetry data from the first cluster resource, wherein the first telemetry data indicates a third state associated with performance of the function by the first cluster resource; determining correspondence between the third state and at least one second state of the one or more second states; and determining output data based on the correspondence between the third state and the at least one second state of the one or more second states.
19. The method of claim 17, further comprising: determining permission data associated with a source of the first command data, wherein the permission data indicates one or more of: at least one function or at least one cluster resource; and determining one or more of: first correspondence between the first cluster resource and the permission data; or second correspondence between the function and the permission data; wherein the second command data is determined in response to the one or more of the first correspondence or the second correspondence.
19. The computer-implemented method of claim 18, further comprising: determining permission data associated with a source of the first command data, wherein the permission data indicates one or more of: at least one function or at least one cluster resource; and determining one or more of: first correspondence between the first cluster resource and the permission data; or second correspondence between the function and the permission data; wherein the second command data is generated in response to the one or more of the first correspondence or the second correspondence.
Claims 4-8, 11, 15, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record doesn’t teach the limitations of claims 4-8, 11, 15, and 20.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moustafa M Meky whose telephone number is (571)272-4005. The examiner can normally be reached Monday-Friday 9AM-5PM.
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MOUSTAFA M. MEKY
Primary Patent Examiner
Art Unit 2457
/MOUSTAFA M MEKY/Primary Examiner, Art Unit 2457
03/07/2026