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 10-14 are non-elected.
Claims 1-9, 15-19 are presented for examination.
Election/Restrictions
Claims 10-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on April 23, 2026.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-10, 15-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because system claim is comprising of software. Software is non-statutory subject matter.
Claim Rejections - 35 USC § 102
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 –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9, 15-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tardieu et al. U.S. Patent Application Publication Number 2023/0097508 A1 (hereinafter Tardieu).
As per claim 1, Tardieu disclose a system for instantiating cloud services (see cloud resource pre-allocation environment 100 on page 1 section [0014]) in an infrastructure as a service (IaaS) environment (see IaaS on page 6 section [0065]) comprising:
software (see cloud resource pre-allocation engine 110, or software as claimed, on page 2 section [0022] and Figure 1) executing on a computer, said software in communication with a software application accessible to a user (see cloud resource pre-allocation engine 110, or software as claimed, communicating with software application on user device 130 accessible to a user on page 2 section [0022] and Figure 1), said software determines one or more predicted actions of the user within said software application and activates and/or deactivates computing resources based on said predicted actions (see pre-allocation engine determining user behavior and time in which user might access certain cloud computing resources, or predicting user actions as claimed on page 3 section [0027] and see behavior pattern database 116 identifying individual behavior with cloud computing resource requests to pre-allocate resources on page 3 section [0031]) and based on predicted costs (see dynamic procurement of computing resources determining metering and pricing for cost tracking for fulfilling Service Level Agreement SLA on page 7 section [0076]) associated with said predicted actions such that computing resources (see cloud resource request is predicted for a user on page 2 section [0020]) for said software application are made available dynamically based on learned patterns of the user's actions (see pre-allocation engine pre-allocate cloud computing resources based on identified predicted behavior of the user on page 2 section [0017] and see pre-allocating the resources based on predicted user cloud computing resource request on page 3 section [0030]).
As per claim 15, Tardieu disclose a system for instantiating cloud services (see cloud resource pre-allocation environment 100 on page 1 section [0014]) comprising:
software executing on a selected one or more computing resources of a plurality of computing resources (see cloud resource pre-allocation engine 110, or software as claimed, on page 2 section [0022] and Figure 1 and see resource pre-allocation of any plurality of cloud resources necessary for streaming service on page 2 section [0017]), said software providing a user interface for providing software as a service to a plurality of users (see cloud resource pre-allocation engine 110, or software as claimed, communicating with software application on user device 130 accessible to a user on page 2 section [0022] and Figure 1 and see behavior pattern database storing plurality of user profiles to predict user behaviors on page 3 section [0031] for different plurality of users each with their own profiles on page 2 section [0018]), said software further determining one or more predicted actions of one or more of the users with said user interface which requires use of the selected one or more computing resources and said software activates and/or deactivates one or more of the plurality of computing resources to add or remove those activated and/or deactivated resources from the selected one or more computing resources based on said predicted actions (see pre-allocation engine determining user behavior and time in which user might access certain cloud computing resources, or predicting user actions as claimed on page 3 section [0027] and see behavior pattern database 116 identifying individual behavior with cloud computing resource requests to pre-allocate resources on page 3 section [0031]) and based on predicted costs (see dynamic procurement of computing resources determining metering and pricing for cost tracking for fulfilling Service Level Agreement SLA on page 7 section [0076]) associated with said predicted actions such that computing resources for said software are made available dynamically based on learned patterns of the user's actions (see pre-allocation engine pre-allocate cloud computing resources based on identified predicted behavior of the user on page 2 section [0017] and see pre-allocating the resources based on predicted user cloud computing resource request on page 3 section [0030]).
As per claim 2, Tardieu disclose the system of claim 1 wherein said software activates computing resources of the IaaS environment (see IaaS on page 6 section [0065]) based on said predicted actions prior to said predicted actions occurring (see cloud resource request is predicted for a user on page 2 section [0020] and see the cloud putting resources are pre-allocated on page 2 section [0017]).
As per claims 3, 16, Tardieu disclose the system of claim 1 wherein said software determines the predicted actions through a user interface monitoring function which monitors interaction by the plurality of users (see monitoring plurality of users and save into individual user profiles on page 2 section [0018]) with a user interface of the software application to identify one or more patterns in order to determine one or more of the predicted actions (see monitoring user action and store monitored user action into a behavior pattern database 116 to identify individual behavior associated with cloud computing resource requests on page 3 section [0031]).
As per claim 4, 17, Tardieu disclose the system of claim 3 wherein said software accesses data indicative of historical patterns of user interaction with the user interface and the software correlates the interaction by the plurality of users with one or more of the historical patterns to indicate one or more of the predicted actions (see monitoring user action and store monitored user action into a behavior pattern database 116, or historical patterns as claimed, to identify individual behavior associated with cloud computing resource requests on page 3 section [0031]).
As per claim 5, Tardieu disclose the system of claim 3 further comprising a user interface monitoring function which monitors interaction by the plurality of users with a user interface of the software application to identify one or more patterns (see monitoring user action and store monitored user action into a behavior pattern database 116, or historical patterns as claimed, to identify individual behavior associated with cloud computing resource requests on page 3 section [0031]), wherein said software identifies one or more computing tasks of the software application associated with the one or more patterns and associates the one or more patterns with the identified one or more computing tasks as data in a storage accessible to the software application (see identifying individual behavior associated with cloud computing resource requests, or computing tasks as claimed, on page 3 section [0031]).
As per claim 6, Tardieu disclose the system of claim 5 wherein said user interface monitoring function compares interaction by the plurality of users to the data in the storage to correlate one or more monitored patterns of said interaction by the plurality of users the one or more patterns associated with said data in order to identify the one or more predicted actions of the user (see monitoring user action and store monitored user action into a behavior pattern database 116, or monitored patterns as claimed, to identify individual behavior associated with cloud computing resource requests on page 3 section [0031]).
As per claims 7, 19, Tardieu disclose the system of claim 1 wherein said software activates and/or deactivates computing resources such that one or more tasks of the software application are executed by different IaaS service providers (see providing consumer with any arbitrary type of application through use of different IaaS service providers on page 6 section [0065]).
As per claims 8, 18, Tardieu disclose the system of claim 1 wherein said software monitors use of said software application following a change in availability of computing resources to determine an actual change in computing resource need as compared to a predicted change in computing resource need based on the predicted actions to modify how future predicted change in computing resources result in activation and/or deactivation of computing resources (see monitoring user action and store monitored user action into a behavior pattern database 116, or monitored patterns as claimed, to identify individual behavior associated with cloud computing resource requests to predict user requests and update any behavior change on page 3 section [0031]).
As per claim 9, Tardieu disclose the system of claim 1 wherein the predicted actions are selected from a group consisting of: running a report, uploading one or more files, running a telecommunications usage report, running a telecommunications device inventory report, running a sales lead report, running a contact data report, data entry, running an audit report and combinations thereof (see uploading predicted computing resources such as morning news stream for a user on page 2 section [0016]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Akolkar et al. U.S. Patent Application Publication Number 2014/0089509 A1. Provisioning manager predicting user specified work range and performance goals (see section [0025]).
Madishetti et al. U.S. Patent Application Publication Number 2024/0202044 A1. Dynamic resource allocation of cloud resources (see section [0002]). Cloud provider for IaaS (see section [0055]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN S CHOU whose telephone number is (571)272-5779. The examiner can normally be reached Monday-Friday 9:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris L Parry can be reached at (571)272-8328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALAN S CHOU/ Primary Examiner, Art Unit 2451
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