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 .
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Step 1 (The Statutory Categories): Is the claim to a process, machine, manufacture, or composition of matter? MPEP 2106.03.
Per Step 1, claim 1-9 to a method (i.e., a process), claim 10-18 to a system (i.e., a machine), claim 19-20 to a non-transitory computer-readable medium (i.e., a manufacture or machine). Thus, the claims are directed to statutory categories of invention. However, the claims are rejected under 35 U.S.C. 101 because they are directed to an abstract idea, a judicial exception, without reciting additional elements that integrate the judicial exception into a practical application.
The analysis proceeds to Step 2A Prong One.
Step 2A Prong One: Does the claim recite an abstract idea, law of nature, or natural phenomenon? MPEP 2106.04.
The abstract idea of claim 1, 10 and 19 is (Claim 1 being representative):
A method comprising: providing, a query interface, to obtain a query request of a tenant, wherein the query request queries energy consumption information of a cloud resource that is of the tenant; and that runs in a target cloud data center; generating, in response to the query request, a query result indicating carbon emissions of the cloud resource in each of one or more time periods; and providing, the query result for the tenant.
The abstract idea steps italicized above are those which could be performed mentally, including with pen and paper. The steps describe, at a high level, querying, generating, obtaining information and getting results. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, including observations, evaluations, judgements, and/or opinions, then it falls within the Mental Processes – Concepts Performed in the Human Mind grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two: Does the claim recite additional elements that integrate the judicial exception into a practical application? MPEP 2106.04.
This judicial exception is not integrated into a practical application because the additional elements are merely instructions to apply the abstract idea to a computer, as described in MPEP 2106.05(f).
Claim 1 recites the following additional elements: a query interface
Claim 10 recites the following additional elements: A memory, processor, A query interface
Claim 19 recites the following additional elements: A computer program, non-transitory computer-readable storage medium, processors, query interface.
These elements are merely instructions to apply the abstract idea to a computer, per MPEP 2106.05(f). Applicant has only described generic computing elements in their specification, as seen in [0025-0027] of applicant’s specification as filed.
Further, the combination of these elements is nothing more than a generic computing system applied to the tasks of the abstract idea. Because the additional elements are merely instructions to apply the abstract idea to a generic computing system, they do not integrate the abstract idea into a practical application, when viewed in combination. See MPEP 2106.05(f).
Therefore, per Step 2A Prong Two, the additional elements, alone and in combination, do not integrate the judicial exception into a practical application. The claim is directed to an abstract idea.
Step 2B (The Inventive Concept): Does the claim recite additional elements that amount to significantly more than the judicial exception? MPEP 2106.05.
Step 2B involves evaluating the additional elements to determine whether they amount to significantly more than the judicial exception itself.
The examination process involves carrying over identification of the additional element(s) in the claim from Step 2A Prong Two and carrying over conclusions from Step 2A Prong Two pertaining to MPEP 2106.05(f).
The additional elements and their analysis are therefore carried over: applicant has merely recited elements that facilitate the tasks of the abstract idea, as described in MPEP 2106.05(f).
Further, the combination of these elements is nothing more than a generic computing system. When the claim elements above are considered, alone and in combination, they do not amount to significantly more.
Therefore, per Step 2B, the additional elements, alone and in combination, are not significantly more. The claims are not patent eligible.
The analysis takes into consideration all dependent claims as well:
Dependent claims 2-9, 11-18, and 20 contain additional steps that further narrow the abstract idea above.
Claim 5 and 14 recites the following additional elements: Electrical devices. Applicant has only described generic computing elements in their specification, as seen in {[0009]} of applicant’s specification as filed. This does not integrate the abstract idea into practical application and/or add significantly more. The claim is ineligible. Refer to MPEP 2106.05(F).
Claim 6 and 15 recites the following additional elements: data center environment control device, electrical devices. Applicant has only described generic computing elements in their specification, as seen in {[0011]} of applicant’s specification as filed. This does not integrate the abstract idea into practical application and/or add significantly more. The claim is ineligible. Refer to MPEP 2106.05(F).
Claim 7 and 16 recites the following additional elements: A virtual service. Applicant has only described generic computing elements in their specification, as seen in {[0012]} of applicant’s specification as filed. This does not integrate the abstract idea into practical application and/or add significantly more. The claim is ineligible. Refer to MPEP 2106.05(F).
Claim 8 and 17 recites the following additional elements: Information technology (IT) resource, The device. Applicant has only described generic computing elements in their specification, as seen in {[0013]} of applicant’s specification as filed. This does not integrate the abstract idea into practical application and/or add significantly more. The claim is ineligible. Refer to MPEP 2106.05(F).
Claim 9 and 18 recites the following additional elements: A cloud data. Applicant has only described generic computing elements in their specification, as seen in {[0017]} of applicant’s specification as filed. This does not integrate the abstract idea into practical application and/or add significantly more. The claim is ineligible. Refer to MPEP 2106.05(F).
Dependent claim 2 and 11, further describes the abstract idea. Claim 2 and 11 are based on the claims describing a mental process of generating, querying, determining, consuming, utilizing cloud resource and electricity consumption. See applicants’ specification {[0009-0011] and [0025- 0026]} for further details. The operation type, environment control device and processor are merely generic technology to manage cloud resource. The apparatus is not a technical improvement and merely implementing the abstract idea using generic technology. As such additional elements are not significantly more or transformative into a practical application. MPEP 2106.05(F). Therefore, the claims are covered under certain methods of mental process groupings of abstract ideas.
In conclusion the claims do not provide an inventive concept, because the claims do not recite additional elements or a combination of elements that amount to significantly more than the judicial exception of the claims. Therefore, whether taken individually or as an order combination, the claims are nonetheless rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Accordingly, claims 1-20 are rejected under 35 USC § 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1- 5, 7- 14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Moore et al [2010/0191998] hereafter Moore, in view of Kang et al [2018/0067089] hereafter Kang.
As per claim 1, 10 and 19 (Similar scope and language);
Moore discloses:
A method comprising: providing a query interface to obtain a query request of a tenant,
{[0029] In FIG. 2, the plurality of users 210, 212, 214, and 216 utilize computing resources 240 of data center 230 to run applications 220, 222, 224, and 226. As herein used, the term application means any service or product that requires the consumption of electricity generally offered for sale by a data center. Intended applications most suitable for the present invention include servers, virtual machines, storage, and bandwidth.}
Moore discloses:
wherein the query request queries energy consumption information of a cloud resource that is of the tenant; and that runs in a target cloud data center;
{[0036] For example and by no way as a means of limitation, estimating electricity consumption of a data center may include estimating or determining the number of applications at a data center (e.g., servers, virtual machines, storage, or bandwidth), multiplying the number of applications by a factor representing an estimated amount of electricity consumption per unit time for that type of application, and adjusting the estimated electricity consumption for any other known or ancillary factor (e.g., electricity consumed to power any associated component).
0041] At block 414, a total amount of electricity consumed at the data center or data centers is determined. Various methods may be used to determine electricity consumption of a data center, such as, for instance, those methods discussed with reference to block 312 of FIG. 3. At block 416, a total amount of carbon dioxide emitted to generate the electricity consumed by the data center is determined.}
Moore discloses:
generating, in response to the query request, a query result indicating carbon emissions of the cloud resource
Generating and determining a carbon footprint of a data center based on the electricity consumption. See {[0036-37], [0040-0048]}
{[0036] Turning to FIG. 3, a flow diagram is illustrated showing method 300 for calculating an environmental impact of a data center in accordance with an embodiment of the present invention. Method 300 discloses a general manner in which the various embodiments of the present invention may be employed. At block 310, at least one data center is identified. Next, at block 312, a total amount of electricity consumed to power the identified data center (or the aggregate electricity consumed to power a number of data centers) is determined. Determining electricity consumed to power the data center may, for example, include using information provided by a utility company or utility meter. ….}
Moore discloses;
providing, the query result for the tenant.
Query result. See {[0044 - 0046]}
Moore does not explicitly disclose the time periods of the query, However Kang discloses;
Kang discloses;
in each of one or more time periods; and
{[0047] In an embodiment, the center server is configured to measure and display the carbon emission in real time by communicating with the carbon meters, in connection with a data collection and display function of the carbon meters.}
Motivation: It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the method of determining carbon emissions as disclosed by Moore, with the inclusion of real time data as taught by Kang, for the purpose of determining the query period.
As per claim 2, 11, 20 (Similar scope and language);
Moore discloses;
The method of claim 1, wherein generating the query result comprises: determining, first power consumption of a resource type device associated with the cloud resource, first utilization of the cloud resource on the resource type device, second power consumption of an operation type device associated with the cloud resource, second utilization of the cloud resource on the operation type device,
Different power sources and their carbon foot prints; See {[0019 -0020]} and {[0035]}
{[0019] …. calculating a first total amount of electricity consumed at the first plurality data centers and a second total amount of electricity at the second plurality data centers. The method still also includes calculating a first total amount of carbon dioxide emitted as a result of generation of the first total amount of electricity at the first plurality of data centers and calculating a second total amount of carbon dioxide emitted as a result of generation of the second total amount of electricity consumed at the second plurality data centers, wherein calculating the second total amount of carbon dioxide emitted as a result of generation of the second total amount of electricity consumed at the second plurality data centers comprises utilizing national, regional or industry averages representative of carbon dioxide emissions per unit of electricity consumed…..}
Moore discloses;
third power consumption of a data center environment control device associated with the cloud resource, and third utilization of the cloud resource on the data center environment control device that are in the target cloud data center;
{[0029] In FIG. 2, the plurality of users 210, 212, 214, and 216 utilize computing resources 240 of data center 230 to run applications 220, 222, 224, and 226. As herein used, the term application means any service or product that requires the consumption of electricity generally offered for sale by a data center. Intended applications most suitable for the present invention include servers, virtual machines, storage, and bandwidth. As such, each of the applications 220, 222, 224, and 226 shown in FIG. 2 may be any type of application mentioned above. As a result of running applications 220, 222, 224, and 226 on computing resources 240, data center 230 requires electricity 250 from power supply 260. Moreover, data center 230 requires electricity 250 from power supply 260 to power all associated components 245 incidental to operating computing resources 240. For example, associated components 245 could comprise heating units, cooling units, ventilation units, data center lighting, backup or redundant power supplies, or the like. Thus, data center 230 requires electricity 250 from power supply 260 to power computing resources 240 and associated components 245…}
Moore discloses;
For data center environment control device; See {[0029] …. For example, associated components 245 could comprise heating units, cooling units, ventilation units, data center lighting, backup or redundant power supplies, or the like. Thus, data center 230 requires electricity 250 from power supply 260 to power computing resources 240 and associated components 245…}
Moore discloses;
determining, based on the first power consumption, the second power consumption, the third power consumption, the first utilization, the second utilization, and the third utilization, energy consumption of the cloud resource in each of the one or more time periods;
Determining electricity consumed to power the data center. See {[0035 – 0036]}
Moore discloses;
Obtaining, an electricity composition proportion from an electricity input side of the target cloud data center; And determining, based on the energy consumption and the electricity composition proportion, the carbon emissions.
See {[0035 - 0037] …. Alternatively, actual electricity consumption can be measured directly at the computing resource or application. Alternatively, any known method of estimating data center electricity consumption can be utilized as part of determining the electricity consumed to power the data center. For example and by no way as a means of limitation, estimating electricity consumption of a data center may include estimating or determining the number of applications at a data center (e.g., servers, virtual machines, storage, or bandwidth), multiplying the number of applications by a factor representing an estimated amount of electricity consumption per unit time for that type of application, and adjusting the estimated electricity consumption for any other known or ancillary factor (e.g., electricity consumed to power any associated component)….. }
Moore does not explicitly disclose the energy consumption time periods, However Kang discloses;
Kang discloses;
time periods;
{[0047] In an embodiment, the center server is configured to measure and display the carbon emission in real time by communicating with the carbon meters, in connection with a data collection and display function of the carbon meters.}
Motivation: It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the method of determining carbon emissions as disclosed by Moore, with the inclusion of real time data as taught by Kang, for the purpose of determining the query period.
As per claim 3 and 12 (Similar scope and language);
Moore discloses;
The method of claim 2, wherein the electricity composition proportion comprises proportions of different electricity generation manners at each moment in a total electricity of the electricity input side.
{[0030] Power supply 260 is provided electricity 250 from power source 270. Power source 270 includes any facility capable of providing electricity 250 to power supply 260. By way of example only and not limitation, power source 270 is a power plant, power station, or any similar facility that operates to generate electricity 250. To generate electricity 250, power source 270 could utilize fossil fuels, renewable energy technology, or some combination thereof. Fossil fuel-based power sources include any power source that utilizes fossil fuels (e.g., coal, natural gas, petroleum, or any other carbon-based fuel) to generate electricity 250. Renewable energy-based power sources include any power source that utilizes renewable natural resources, such as sunlight, wind, rain, tides, geothermal heat, or the like. Renewable energy-based power sources may also include power sources utilizing nuclear fission.}
As per claim 4 and 13 (Similar scope and language);
Moore discloses;
The method of claim 2, wherein the resource type device is a set of electrical devices implementing the cloud resource.
{[0029] …. As herein used, the term application means any service or product that requires the consumption of electricity generally offered for sale by a data center. Intended applications most suitable for the present invention include servers, virtual machines, storage, and bandwidth. As such, each of the applications 220, 222, 224, and 226 shown in FIG. 2 may be any type of application mentioned above….}
As per claim 5 and 14 (Similar scope and language);
Moore discloses;
The method of claim 2, wherein the operation type device is a set of electrical devices managing the cloud resource.
Utilization of server, and bandwidths for managing cloud resource. See {[0043, 45, 46]}
{[0046] …. Data center utilized bandwidth includes that amount of bandwidth that is dedicated to operation of the identified data center. For example, bandwidth used by the data center for a data center-required storage account or virtual machine could comprise the amount of data center utilized bandwidth. With these two bandwidth totals determined, an adjusted amount of bandwidth is calculated. The adjusted amount of bandwidth is the difference between the total amount of bandwidth available from the data center and the data center utilized bandwidth….}
As per claim 7 and 16 (Similar scope and language);
Moore discloses;
The method of claim 2, wherein the cloud resource comprises a first virtual instance
The virtual machines run on servers in the data center. See {[0041-0044]}
As per claim 8 and 17 (Similar scope and language);
Moore discloses;
The method of claim 7, wherein determining the first utilization comprises determining the first utilization based on at least one: a first size of an information technology (IT) resource of the resource type, device;
See {[0040-0044]}
{[0040] …...At block 410, as with block 310 of FIG. 3, at least one data center is identified. After identifying at least one data center, at block 412, an application is identified. In identifying an application, block 412 contemplates the desired analytic, the required confidence level of the desired analytic, the ability to interpret the analytic, the complexity of the apportionment process (see block 418, below), and the like…...
[0041] At block 414, a total amount of electricity consumed at the data center or data centers is determined. Various methods may be used to determine electricity consumption of a data center, such as, for instance, those methods discussed with reference to block 312 of FIG. 3. At block 416, a total amount of carbon dioxide emitted to generate the electricity consumed by the data center is determined. That is, the carbon footprint of the data center or data centers is determined. Various methods may be used to determine a carbon footprint, such as, for instance, those methods discussed with reference to block 314 of FIG. 3.}
Moore discloses;
fourth utilization of the IT resource; a second size of a first virtual IT, resource allocated by the resource type device to the first virtual instance; fifth utilization of the first virtual IT, resource; a third size of a second virtual IT, resource allocated by the resource type device to a second virtual instance; sixth utilization of the second virtual IT resource; a type of the first virtual, instance; or a life cycle of the first virtual instance.
Determination and utilization of carbon footprints of a data center or a set of data centers, allocating a carbon footprint of a data center or set of data centers on a per application basis and comparing the allocated carbon footprints and finally utilizing data center resources to manage a carbon footprint. See {[0057-0061]}
As per claim 9 and 18 (Similar scope and language);
Moore discloses;
The method of claim 7, wherein the first virtual instance comprises a target virtual instance of a target type or a target area in all virtual instances of the tenant,
The virtual machines run on servers in the data center. See {[0041-0046]}
{[0042] At block 418, an apportioned amount of carbon dioxide emitted per application is determined. Restated, the carbon footprint determined at block 416 is apportioned on the basis of the application selected at block 412. The process comprising block 418, namely, apportioning the carbon footprint on a per application basis, is relevant to other embodiments hereinafter addressed. As such, this detailed discussion of block 418 may apply equally to block 418 of FIG. 4, block 518 a and block 518 b of FIG. 5, and blocks 624 and 626 of FIG. 6.}
Moore discloses;
and wherein the target virtual instance of the target area runs in a cloud data center of the target area.
{[0044] Referring again to block 418, if the application selected at block 412 is a virtual machine, block 418 may include determining the total number of virtual machines at the data center and apportioning each virtual machine a proportional share of the carbon footprint determined at block 416. In an embodiment, apportioning carbon footprint for virtual machines may essentially be equivalent to apportionment for servers. As such, the various considerations addressed with regard to apportioning for servers apply equally to this embodiment. As with the apportionment process for servers, any virtual machines dedicated to the operation of the data center or data centers may optionally be excluded for the apportionment process. Those skilled in the art will now recognize that, after completing block 418 of method 400 where the application selected at block 412 is a virtual machine, each virtual machine will have an apportioned amount carbon dioxide emitted.
[0046] Data center utilized bandwidth includes that amount of bandwidth that is dedicated to operation of the identified data center. For example, bandwidth used by the data center for a data center-required storage account or virtual machine could comprise the amount of data center utilized bandwidth. With these two bandwidth totals determined, an adjusted amount of bandwidth is calculated.}
Claim(s) 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Moore et al, in view of Kang et al, in further view of Rajagopal et al [2022/0321664] hereafter Rajagopal.
As per claim 6 and 15 (Similar scope and language);
Moore does not explicitly disclose the electrical devices, However Rajagopal discloses;
Rajagopal discloses;
The method of claim 2, wherein the data center environment control device is a set of electrical devices providing at least one of a controlled temperature or a controlled humidity for the cloud resource.
{[0033] The sensor network 108 may include one or more sensors, which may include wired sensors, wireless sensors, Internet-of-Things (IoT) sensors, and/or any other types of sensors. The sensors may be configured to detect, monitor, measure, etc. and provide information related to various conditions, such as, for example, air temperature (interior, exterior, etc.), wind speed, wind direction, humidity, luminosity (e.g., how much light is present at a particular location), weather forecast, time, and/or operational temperature, operational status, etc. of one or more components of the system 100, and/or any other conditions, and/or any combinations thereof.}
Motivation: It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the method of determining carbon emissions as disclosed by Moore, with the inclusion of a control device as taught by Rajagopal, for the purpose of controlling Temperature and humidity.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
McConnell et al (US2007/0260405A1), which teaches: A methods and systems of tracking enterprise gas emissions such as greenhouse gas emissions. The systems and methods relate to collecting or entering data relating to one or more emissions source of an enterprise or an enterprise location, calculating emissions totals, and, according to certain embodiments, generating emissions reports.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTOR CHIGOZIRIM ESONU whose telephone number is (571)272-4883. The examiner can normally be reached Monday - Friday 9:00 am - 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SARAH MONFELDT can be reached on (571) 270-1833. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, vis it: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VICTOR CHIGOZIRIM ESONU/
Examiner, Art Unit 3629
/SARAH M MONFELDT/Supervisory Patent Examiner, Art Unit 3629