CTNF 18/942,336 CTNF 90410 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claims 1-20 are presented for Examination. DETAILED ACTION Double Patenting 08-33 AIA 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 time wise 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Comparisons of claims are shown in the following table: Instant Application 18/942,336 Patent 12164403 1.A computerized method, comprising: executing a first application and a second application on a device; dynamically generating power consumption ratings for the first application and the second application executing on the device; generating dynamic labels for the first application and the second application corresponding to the dynamically generated power consumption ratings; updating the dynamic labels when the first application executing on the device is updated, when the second application executing on the device is updated, or when a threshold amount of new applications is executed on the device; receiving, based on the updated dynamic labels, a selection of the first application or the second application, the selection representing an optimized application having a desired power consumption level; and executing the optimized application on the device. 15. A computer storage device having computer-executable instructions that, upon execution by a processor, cause the processor to at least: execute a plurality of applications on a device; dynamically generate power consumption ratings for the plurality of applications executing on the device; generate dynamic labels corresponding to the dynamically generated power consumption ratings for the plurality of applications; update the dynamic labels when an application of the plurality of applications executing on the device is updated or when a threshold amount of new applications is executed on the device; based on the updated dynamic labels for the plurality of applications, receive a selection of an application from the plurality of applications representing an optimized application having a desired power consumption level; and execute the selected application on the device. 8. A system, comprising: a processor; and a memory comprising computer program code, the memory and the computer program code configured to, with the processor, cause the processor to: execute a plurality of applications on a device; dynamically generate power consumption ratings for the plurality of applications executing on the device; generate dynamic labels corresponding to the dynamically generated power consumption ratings for the plurality of applications; update the dynamic labels when an application of the plurality of applications executing on the device is updated or when a threshold amount of new applications is executed on the device; based on the updated dynamic labels for the plurality of applications, receive a selection of a group of applications from the plurality of applications, the group of applications representing an optimized group of applications having a desired power consumption level; and execute the selected group of applications on the device. 15. A computer storage device having computer-executable instructions that, upon execution by a processor, cause the processor to at least: while a device is executing execute a plurality of applications on a device obtain instrumentation data related to power consumption by each application of the plurality of applications; filter the obtained instrumentation data to acquire a subset of instrumentation data that is directly related to the power consumption or indirectly related to the power consumption; calculate, based on the acquired subset of the obtained instrumentation data, a relative power consumption value for each application of the plurality of applications; normalize the relative power consumption value for each application within an application category; dynamically generate a power consumption rating for each application based on the normalization, while the device is executing the plurality of application s; generate a dynamic label for each application corresponding to the dynamically generated power consumption rating ; [[and]] present the dynamic label for each application of the plurality of applications to a user; update the dynamic label when an application of the plurality of applications executing on the device is updated or when a threshold amount of new applications is executed on the device; receive, from the user based on the updated dynamic label for the plurality of applications, a selection of an application of the plurality of applications representing an optimized application having a desired power consumption level; and execute the selected application of the plurality of applications on the device. 8. A system, comprising: a processor; and a memory comprising computer program code, the memory and the computer program code configured to, with the processor, cause the processor to: execute a plurality of applications on a device ; obtain instrumentation data related to power consumption by each application of the plurality of applications; filter the obtained instrumentation data to acquire a subset of instrumentation data that is directly related to the power consumption or indirectly related to the power consumption; calculate, based on the acquired subset of the obtained instrumentation data, a relative power consumption value for each application of the plurality of applications; normalize the relative power consumption value for each application within an application category; dynamically generate a power consumption rating for each application based on the normalization, while the device is executing the plurality of applications; generate a dynamic label for each application corresponding to the dynamically generated power consumption rating ; [[and ]] present the dynamic label for each application of the plurality of applications to a user; update the dynamic label when an application of the plurality of applications executing on the device is updated or when a threshold amount of new applications is executed on the device; receive, from the user based on the updated dynamic label for the plurality of applications, a selection of an application of the plurality of applications representing an optimized application having a desired power consumption level; and execute the selected application of the plurality of applications on the device. Claims 1, 8, 15 are rejected on the ground of nonstatutory double patenting is being unpatentable over claim 1 of Patent 12164403. Instant application’s broader scope covers much of the claimed subject matter found in the Patent. A person of ordinary skill in the art would conclude that the invention defined in the claims at issue would have been an obvious variation of the invention defined in the claims of the Patent. The limitations of dependent claims 2, 9 , 16 of the instant application are similar to the respective claims 1, 2, 9, in the patent 12164403. The limitations of dependent claims 3, 4, 10, 11, 17, of the instant application are similar to the respective claims 3, 10, 15 in the patent 12164403. The limitations of dependent claims 5, 12 18 of the instant application are similar to the respective claims 5 in the patent 12164403. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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 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. 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claim 1, 5, 6, 7, 8, 12, 13, 14, 15, 18, 19, 20 is/are rejected under 35 U.S.C. 102 ( a) (1 ) as being anticipated by Mahindru et.al. (U.S Patent Application 2018/0102953; hereinafter “Mahindru” ] . Regarding claims 1, 8, 15, Mahindru discloses, A computerized method, comprising: executing a first application and a second application on a device [“monitoring an energy consumption of each of the plurality of subsystems whether or not each subsystem performs at least a portion of an overall computation (step 304 ). Respective workloads are classified based upon an energy consumption pattern associated with the monitored energy consumption of each of the plurality of subsystems (step 306 ).”, 0065; i.e. executing applications / workload] dynamically generating power consumption ratings for the first application and the second application executing on the device [“the power management module 250 can prioritize workloads into different categories where each category includes ranges of allowed clock speed and voltage (e.g. High (clock speed range a-b); Medium (clock speed range c-d); Low (clock speed range e-f)). The power management module 250 may further dynamically adjust the range of each category (the voltage and the clock speed of the processors/processor cores) based on analysis of a usage pattern of the workloads and forecast of the clock speed requirements (e.g. some workloads may have seasonal or periodic pattern of resource utilization). Of course, a host of other categories and priorities may be used other than a “High, Medium, and Low” priority, category, or range depending on the actual implementation, as one of ordinary skill in the art would appreciate.”, 0066 ; (i.e. power consumption ratings of the workload includes ranges of allowed clock speed and voltage) ]; generating dynamic labels for the first application and the second application corresponding to the dynamically generated power consumption ratings[0066; “..For example, a workload X with High SLA may have a high usage pattern and will be categorized in the High clock speed range category versus another workload Y also has high SLA but may have a low usage pattern will be categorized in the Low clock speed range category. Taking these workloads with complimentary resource usage pattern to re-allocate electrical power will help maximize the electrical power utilization, hence minimizing the total available power while satisfying the SLA. ..”, 0069; ( i.e. dynamically labeling them as high , low or medium based on the clock-speed or voltage range) ]; updating the dynamic labels when the first application executing on the device is updated, when the second application executing on the device is updated, or when a threshold amount of new applications is executed on the device [“depending on an amount of electrical power provided during the reduction and/or interruption of the utility power by either the UPS, the generator(s), or a combination thereof, power may be re-allocated (after a predetermined time period on generator power) from one or more processors performing lower priority workloads (according to an SLA ) to a higher priority workload, such that the lower priority workload is stopped or temporarily suspended until normal utility power is restored.”, 0074; ( i.e. stopping or suspending the low priority workload and allowing only high priority workload to be executed . Hence dynamically updating the low priority labels) ]; receiving, based on the updated dynamic labels, a selection of the first application or the second application, the selection representing an optimized application having a desired power consumption level [“..if there is not sufficient total available power in the datacenter to match maximum contracted utility power while the workloads require additional power based on the predicted demand, the system removes the estimated surplus power and/or reduces the voltage allocated to some of the workloads (with lower priority) and allocates it to the higher prioritized workloads based on their predicted demand.”, 0049; 0074; ( i.e. selecting to execute high priority applications to optimize the power consumption based on the available power)]; executing the optimized application on the device [ “.. throughput of workloads must be optimized by dynamically re-adjusting the clock speeds and voltages at which processing cores (and hence, circuits, transistors clock frequency) operate. Throughput is different than performance, as it is possible to achieve higher performance per thread or core but with much more power used relatively, versus using more cores with lower performance (i.e. lower clock speed) but less power per core to achieve higher overall throughput.”, 0025; 0049; 0074; ( i.e. executing the optimized high priority application on the device) ]. Further Mahindru discloses , a processor[ “Illustrative processors include, but are not limited to, a Central Processing Unit (CPU), a Graphical Processing Unit (GPU),” 0064]; and a memory comprising computer program code, the memory and the computer program code configured to, with the processor,[ ..The memory device pool 208 includes memory devices 208A, 208B, and 208n…”, 0045] as recited in claims 8 and 15 . Regarding claims 5, 12, 18, installing the optimized application on another device different from the device [0047-0049; 0082]. Regarding claims 6, 13, 19, determining a power consumption profile for an application of the first application and the second application[0065-0066], the power consumption profile correlating power consumption of the application of the first application and the second application to a computing system activity of the device when the application is executing on the device[0069-0070; 0074; 0056]. Regarding claims 7, 14, 20, wherein the computing system activity indicates whether the application is performing operations or is in an idle state on the device[ 0055-0056] . Allowable Subject Matter Claims 2, 3, 4, 9, 10, 11, 16, 17 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 and overcoming the Double patenting rejection. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Illikal et al., U.S Patent Application Publication 2008/0250415, teaches A method and apparatus for throttling power and/or performance of processing elements based on a priority of software entities. Kim et. al., U.S Patent Application Publication 2016/0147284, teaches a method and an apparatus for controlling a display of an electronic device. The method for controlling the display of the electronic device according to the present invention may comprise the steps of: identifying a power state of the electronic device and a power-rating of at least one application; determining an application power state of the at least one application on the basis of a result of the identification; and controlling a display of the electronic device according to the determined application power state . Any inquiry concerning this communication or earlier communications from the examiner should be directed to GAYATHRI SAMPATH whose telephone number is (571)272-5489. 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If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /GAYATHRI SAMPATH/ Examiner, Art Unit 2176 /JAWEED A ABBASZADEH/ Supervisory Patent Examiner, Art Unit 2176 Application/Control Number: 18/942,336 Page 2 Art Unit: 2176 Application/Control Number: 18/942,336 Page 3 Art Unit: 2176 Application/Control Number: 18/942,336 Page 4 Art Unit: 2176 Application/Control Number: 18/942,336 Page 5 Art Unit: 2176 Application/Control Number: 18/942,336 Page 6 Art Unit: 2176 Application/Control Number: 18/942,336 Page 7 Art Unit: 2176 Application/Control Number: 18/942,336 Page 8 Art Unit: 2176 Application/Control Number: 18/942,336 Page 9 Art Unit: 2176 Application/Control Number: 18/942,336 Page 10 Art Unit: 2176 Application/Control Number: 18/942,336 Page 11 Art Unit: 2176 Application/Control Number: 18/942,336 Page 12 Art Unit: 2176 Application/Control Number: 18/942,336 Page 13 Art Unit: 2176 Application/Control Number: 18/942,336 Page 14 Art Unit: 2176 Application/Control Number: 18/942,336 Page 15 Art Unit: 2176 Application/Control Number: 18/942,336 Page 16 Art Unit: 2176 Application/Control Number: 18/942,336 Page 17 Art Unit: 2176 Application/Control Number: 18/942,336 Page 18 Art Unit: 2176 Application/Control Number: 18/942,336 Page 19 Art Unit: 2176 Application/Control Number: 18/942,336 Page 20 Art Unit: 2176
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