DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This action is in response to the following communication: Non-provisional Application No. 18/954,026 filed on 11/20/2024.
3. Claims 1-20 are pending.
Claims 1 and 16 are independent claims.
Specification Objection
4. Status of related applications listed on pg. 2 should be updated.
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. See 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) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.131(c). 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 nonstatutory 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. 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.
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 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 www.uspto.gov/ patents/apply/applying-online/eterminal-disclaimer.
6. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of copending Application No. 18/130,322 (Patent No. 12,175,297). Although the conflicting claims are not identical, they are not patentably distinct from each other because limitations in one claim can obviously be applicable in the corresponding claim.
The following tables show demonstrates the reason for the rejection:
18/954,026
18/130,322 (Patent No. 12,175,297)
1. A node management computing system comprising: one or more hardware processor; and one or more hardware storage device having stored executable instructions that are executable by the one or more hardware processor to cause the node management computing system to perform a method that includes:
identifying the one or more nodes, at least one node of the one or more nodes being independently controlled and associated with a first user that is different than a second a user associated with at least one other node of the one or more nodes;
authorizing the one or more nodes to participate in a federated computing node cluster managed by the node management computing system;
receiving one or more metrics that are associated with a performance of a particular node of the one or more nodes in the federation of computing nodes;
receiving, from the particular node, one or more user preferences for scheduling one or more tasks to be performed by the particular node; and
based on analysis of (i) the one or more metrics and (ii) the received one or more user preferences, assigning one or more compute jobs to the particular node for performing the one or more tasks.
1. A method, implemented by a node management computing system, for improving modifications made to one or more nodes in a federation of computing nodes, the method comprising:
identifying the one or more nodes, each node of the one or more nodes being independently controlled and associated with a different user;
authorizing the one or more nodes to participate in a federated computing node cluster managed by the node management computing system;
receiving one or more metrics that are associated with a performance of a particular node of the one or more nodes in the federation of computing nodes;
receiving, from the particular node, one or more user preferences for scheduling one or more tasks to be performed by the particular node; and
based on analysis of (i) the one or more metrics and (ii) the received one or more user preferences, assigning one or more compute jobs to the particular node for performing the one or more tasks.
2. The node management computing system of claim 1, wherein
the one or more metrics comprises an identification of one or more hardware elements of the particular node, and wherein
the one or more assigned compute jobs are selected by at least comparing the one or more assigned compute jobs with the one or more hardware elements.
2. The method of claim 1, wherein the one or more metrics comprises an identification of one or more hardware elements of the particular node, and wherein
the one or more assigned compute jobs are selected by at least comparing the one or more assigned compute jobs with the one or more hardware elements.
3. The node management computing system of claim 2, wherein
comparing the one or more assigned compute jobs with the one or more hardware elements comprises at least:
profiling the one or more hardware elements;
determining one or more baseline processing measures;
identifying a plurality of compute jobs that are capable of being executed based on the determined baseline processing measures;
assembling an optimized compute job packet comprising the identified plurality of compute jobs; and
transmitting the optimized compute job packet to the particular node.
3. The method of claim 2, wherein comparing the one or more assigned compute jobs with the one or more hardware elements comprises at least:
profiling the one or more hardware elements;
determining one or more baseline processing measures;
identifying a plurality of compute jobs that are capable of being executed based on the determined baseline processing measures;
assembling an optimized compute job packet comprising the identified plurality of compute jobs; and
transmitting the optimized compute job packet to the particular node.
4. The node management computing system of claim 3, wherein
the optimized compute job packet is associated with performing one or more block-chain verification tasks for mining a particular cryptocurrency, and wherein
the one or more compute jobs is assigned based on calculated parameters related to mining the particular cryptocurrency.
4. The method of claim 3, wherein the optimized compute job packet is associated with performing one or more block-chain verification tasks for mining a particular cryptocurrency, and wherein
the one or more compute jobs is assigned based on calculated parameters related to mining the particular cryptocurrency.
5. The node management computing system of claim 4, wherein
the method further includes generating a notification for the user regarding computations that may be accomplished by the particular node for completing a particular threshold of mining the particular cryptocurrency.
5. The method of claim 4, wherein the method further includes generating a notification for the user regarding computations that may be accomplished by the particular node for completing a particular threshold of mining the particular cryptocurrency.
6. The node management computing system of claim 1, wherein
the one or more user preferences indicates that the one or more tasks should be performed by the particular node when the particular node is performing below a particular utilization threshold.
6. The method of claim 1, wherein the one or more user preferences indicates that the one or more tasks should be performed by the particular node when the particular node is performing below a particular utilization threshold.
7. The node management computing system of claim 1, wherein
the one or more user preferences indicates that the one or more tasks should be performed by the particular node at a time that is determined to coincide with a decreased utility cost for performing the one or more tasks by the particular node.
7. The method of claim 1, wherein the one or more user preferences indicates that the one or more tasks should be performed by the particular node at a time that is determined to coincide with a decreased utility cost for performing the one or more tasks by the particular node.
8. The node management computing system of claim 1, wherein
the one or more user preferences indicates that the particular node should maintain a particular compute threshold when performing the one or more tasks.
8. The method of claim 1, wherein the one or more user preferences indicates that the particular node should maintain a particular compute threshold when performing the one or more tasks.
9. The node management computing system of claim 1, wherein
the one or more user preferences comprise a maximum resource consumption preference defined by a user interface selection of one or more user interface selections.
9. The method of claim 1, wherein the one or more user preferences comprise a maximum resource consumption preference defined by a user interface selection of one or more user interface selections.
10. The node management computing system of claim 1, wherein
the one or more user preferences comprise a minimum work output preference defined by a user interface selection of one or more user interface selections.
10. The method of claim 1, wherein the one or more user preferences comprise a minimum work output preference defined by a user interface selection of one or more user interface selections.
11. The node management computing system of claim 1, wherein
the one or more user preferences further comprise one or more preferred beneficiaries of the one or more one or more tasks performed on the particular node.
11. The method of claim 1, wherein the one or more user preferences further comprise one or more preferred beneficiaries of the one or more one or more tasks performed on the particular node.
12. The node management computing system of claim 1, the method further comprising:
generating an estimated amount of computing that the particular node will be able to accomplish based on the received one or more user preferences; and
generating a notification for the user regarding the estimated amount of computing that the particular node will be able to accomplish based on the received one or more user preferences.
12. The method of claim 1, further comprising:
generating an estimated amount of computing that the particular node will be able to accomplish based on the received one or more user preferences; and
generating a notification for the user regarding the estimated amount of computing that the particular node will be able to accomplish based on the received one or more user preferences.
13. The node management computing system of claim 1, the method further comprising:
generating one or more recommended modifications to the one or more user preferences based on the received one or more user preferences,
the one or more recommended modifications being operable, if implemented at the particular node, to alter the computing capabilities of the particular node; and
informing the user of the one or more recommended modifications to the one or more user preferences.
13. The method of claim 1, further comprising:
generating one or more recommended modifications to the one or more user preferences based on the received one or more user preferences,
the one or more recommended modifications being operable, if implemented at the particular node, to alter the computing capabilities of the particular node; and
informing the user of the one or more recommended modifications to the one or more user preferences.
14. The node management computing system of claim 1, the method further comprising:
receiving an indication from the particular node that an unrelated resource request has been made at the particular node that is unrelated to the assigned compute jobs for the particular node; and
based upon receiving the indication, dynamically modifying one or more of the assigned compute jobs.
14. The method of claim 1, further comprising:
receiving an indication from the particular node that an unrelated resource request has been made at the particular node that is unrelated to the assigned compute jobs for the particular node; and
based upon receiving the indication, dynamically modifying one or more of the assigned compute jobs.
15. The node management computing system of claim 1, the method further comprising:
receiving an indication from the particular node that an unrelated resource request has been made at the particular node that is unrelated to the assigned compute jobs for the particular node; and
based upon receiving the indication, dynamically causing the particular node to implement an internal modification affecting how the unrelated resource request is processed based on the one or more metrics.
15. The method of claim 1, further comprising:
receiving an indication from the particular node that an unrelated resource request has been made at the particular node that is unrelated to the assigned compute jobs for the particular node; and
based upon receiving the indication, dynamically causing the particular node to implement an internal modification affecting how the unrelated resource request is processed based on the one or more metrics.
16. A method implemented by a node management computing system comprising:
identifying a plurality of independently controlled computing nodes, at least two different nodes of the independently controlled computing nodes being associated with different respective users;
authorizing each of the plurality of independently controlled nodes to participate in a federated computing node cluster managed by the node management computing system;
identifying metrics associated with performance of a particular node of the at least two different nodes;
identifying user preferences for the particular node of the at least two different nodes for scheduling one or more tasks to be performed by the particular node; and
based on analysis of (i) the one or more metrics and (ii) the received one or more user preferences, assigning one or more compute jobs to the particular node for performing the one or more tasks.
16. A node management computing system comprising: one or more processors; and one or more computer-readable media having stored computer-executable instructions that are executable by the one or more processors to configure the node management computing system to perform a method that includes at least the following:
identifying a plurality of independently controlled computing nodes, each being associated with different users;
authorizing each of the plurality of independently controlled nodes to participate in a federated computing node cluster managed by the node management computing system;
receiving, from a particular node within the federated computing node cluster, one or more metrics that are associated with performance of the particular node;
receiving, from the particular node, one or more user preferences for scheduling one or more tasks to be performed by the particular node; and
based on analysis of (i) the one or more metrics and (ii) the received one or more user preferences, assigning one or more compute jobs to the particular node for performing the one or more tasks.
17. The method of claim 16, wherein the one or more metrics comprises
an identification of one or more hardware elements of the particular node, and
the one or more assigned compute jobs are selected by at least comparing the assigned compute jobs with the one or more hardware elements, and wherein
comparing the assigned compute jobs with the one or more hardware elements comprises at least:
profiling the one or more hardware elements;
determining one or more baseline processing measures;
identifying a plurality of compute jobs that are capable of being executed based on the determined baseline processing measures;
assembling an optimized compute job packet comprising the identified plurality of compute jobs; and
transmitting the optimized compute job packet to the particular node, wherein the optimized compute job packet is associated with performing the one or more tasks.
17. The node management computing system of claim 16, wherein
the one or more metrics comprises an identification of one or more hardware elements of the particular node, and the one or more assigned compute jobs are selected by at least comparing the assigned compute jobs with the one or more hardware elements, and wherein
comparing the assigned compute jobs with the one or more hardware elements comprises at least:
profiling the one or more hardware elements;
determining one or more baseline processing measures;
identifying a plurality of compute jobs that are capable of being executed based on the determined baseline processing measures;
assembling an optimized compute job packet comprising the identified plurality of compute jobs; and
transmitting the optimized compute job packet to the particular node, wherein the optimized compute job packet is associated with performing the one or more tasks.
18. The method of claim 16, wherein the method further comprises:
generating an estimated amount of computing that the particular node will be able to accomplish based on the received one or more user preferences; and
generating a notification for the user regarding the estimated amount of computing that the particular node will be able to accomplish based on the received one or more user preferences.
18. The node management computing system of claim 16, wherein the method further comprises:
generating an estimated amount of computing that the particular node will be able to accomplish based on the received one or more user preferences; and
generating a notification for the user regarding the estimated amount of computing that the particular node will be able to accomplish based on the received one or more user preferences.
19. The method of claim 16, wherein the method further comprises:
generating one or more recommended modifications based on the one or more user preferences,
the one or more recommended modifications being operable, if implemented at the particular node, to alter the computing capabilities of the particular node; and
generating a notification to inform the user of the one or more recommended modifications to the one or more user preferences.
19. The node management computing system of claim 16, wherein the method further comprises:
generating one or more recommended modifications based on the one or more user preferences,
the one or more recommended modifications being operable, if implemented at the particular node, to alter the computing capabilities of the particular node; and
generating a notification to inform the user of the one or more recommended modifications to the one or more user preferences.
20. The method of claim 16, wherein the method further comprises:
receiving an indication from the particular node that an unrelated resource request has been made at the particular node that is unrelated to the assigned compute jobs for the particular node; and
based upon receiving the indication, performing at least one of dynamically modifying one or more of the assigned compute jobs, or (ii) dynamically causing the particular node to implement an internal modification affecting how the unrelated resource request is processed based on the one or more metrics.
20. The node management computing system of claim 16, wherein the method further comprises:
receiving an indication from the particular node that an unrelated resource request has been made at the particular node that is unrelated to the assigned compute jobs for the particular node; and
based upon receiving the indication, performing at least one of (i) dynamically modifying one or more of the assigned compute jobs, or (ii) dynamically causing the particular node to implement an internal modification affecting how the unrelated resource request is processed based on the one or more metrics.
Allowable Subject Matter
7. Claims 1-20, wherein the cited prior art taken alone or in combination fail to teach, in combination with the other claimed limitations, of a node management computing system comprising: one or more hardware processor; and one or more hardware storage device having stored executable instructions that are executable by the one or more hardware processor to cause the node management computing system to perform a method that includes: identifying the one or more nodes, at least one node of the one or more nodes being independently controlled and associated with a first user that is different than a second a user associated with at least one other node of the one or more nodes; authorizing the one or more nodes to participate in a federated computing node cluster managed by the node management computing system; receiving one or more metrics that are associated with a performance of a particular node of the one or more nodes in the federation of computing nodes; receiving, from the particular node, one or more user preferences for scheduling one or more tasks to be performed by the particular node; and based on analysis of (i) the one or more metrics and (ii) the received one or more user preferences, assigning one or more compute jobs to the particular node for performing the one or more tasks”. The art of record does not expressly disclose such features.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Application Publications
Matus 20190213046 teaches systems and methods are provided for improving compute job distribution using federated computing nodes. This includes identifying a plurality of independently controlled computing nodes which then receive a token such that they can each be identified as being authorized to participate in a federated computing node cluster. Metrics associated with the particular nodes are then received and based on the received metrics compute jobs are assigned to the particular node by assembling a compute job data packet comprising the one or more compute jobs and transmitting the assembled compute job data packet to the particular node. Other features are also described in which assigned compute jobs and/or unrelated compute tasks can be dynamically modified in order to optimize compute job completion based on the received metrics
White 8931009 teaches a method of providing recommendations related to a service is disclosed and includes receiving data from a device associated with a service subscriber, the data identifying an individual. The method also includes creating a personalization profile associated with the service subscriber. The personalization profile is populated with information included in a profile of the identified individual. The method further includes providing at least one recommendation based on the personalization profile of the service subscriber.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Evral Bodden whose telephone number is 571-272-3455. The examiner can normally be reached on Monday to Friday from 9am to 5pm.
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/EVRAL E BODDEN/Primary Examiner, Art Unit 2193
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