DETAILED ACTION
Claims 1-20 are pending in the present application.
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10 February 2026, 17 December 2025, 17 December 2025, 29 October 2025, 25 September 2025, and 04 August 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Double Patenting
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. 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); 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 nonstatutory 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 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. 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,265,549 B2 Chawla et al. Although the claims at issue are not identical, they are not patentably distinct from each other because it is well settled that omission of elements and their functioning is an obvious expedient if the remaining elements perform the same function as before. See In re Karlson, 136 USPQ 184 (CCPA 1963).
19/068,253
1. A system for resource allocation and utilization management in an analytics cloud environment, comprising: a computer including one or more processors, that provides access to a data analytics environment and a data warehouse for storage of data by a plurality of tenants; a provisioning component, wherein the provisioning component provisions an instance of the data analytics environment and data warehouse in a context of a tenant, the provisioned instance having an initial allocation of compute or data resources; and a monitoring agent that monitors use of the data analytics environment and data warehouse by each tenant instance, and updates a metrics repository with entries indicative of the use of the compute or data resources by the provisioned instance, the entries being tagged, and indicative of the tenant; wherein, based upon the monitoring agent monitoring an amount of compute or data resource usage at the provisioned instance of the data warehouse, the monitoring agent provides notifications in response thereto, said notifications including an indication of utilization of the allocated compute or data resources.
2. The system of claim 1, wherein, based upon the notification indicating underutilization, the provisioning component de-allocates an amount of the initial allocation of compute or data resources.
3. The system of claim 2, wherein the provisioning component, upon de-allocating the amount of the initial allocation of compute or data resources, allocates the initial allocation of compute or data resources to another tenant of the plurality of tenants.
4. The system of claim 3, wherein a billing component creates an updated invoice in response to receiving the notification from the monitoring component, the updated invoice reflecting the de-allocation of the amount of the initial allocation of compute or data resources.
5. The system of claim 2, wherein the provisioning component, upon de-allocating the amount of the initial allocation of compute or data resources, holds the de-allocated amount of the initial allocation in reserve for a period of time.
6. The system of claim 5, wherein the provision component automatically re-allocates the amount of the initial allocation of compute or data resources to the tenant after the period of time based upon a further indication from the monitoring component.
7. The system of claim 6, wherein a billing component creates an updated invoice in response to receiving the notification and the further indication from the monitoring component, the updated invoice reflecting the amount of compute or data resources being de-allocated from the tenant for the period of time.
8. A method for resource allocation and utilization management in an analytics cloud environment, comprising: providing, by a computer including one or more processors, access to a data analytics environment and a data warehouse for storage of data by a plurality of tenants; provisioning, by a provisioning component, an instance of the data analytics environment and data warehouse in a context of a tenant, the provisioned instance having an initial allocation of compute or data resources; and monitoring, by a monitoring agent, use of the data analytics environment and data warehouse by each tenant instance; updating, by the monitoring agent, a metrics repository with entries indicative of the use of the compute or data resources by the provisioned instance, the entries being tagged, and indicative of the tenant; based upon the monitoring agent monitoring an amount of compute or data resource usage at the provisioned instance of the data warehouse, providing, by the monitoring agent, notifications in response thereto, said notifications including an indication of utilization of the allocated compute or data resources.
9. The method of claim 8, wherein, based upon the notification indicating underutilization, the provisioning component de-allocates an amount of the initial allocation of compute or data resources.
10. The method of claim 9, wherein the provisioning component, upon de-allocating the amount of the initial allocation of compute or data resources, allocates the initial allocation of compute or data resources to another tenant of the plurality of tenants.
11. The method of claim 10, wherein a billing component creates an updated invoice in response to receiving the notification from the monitoring component, the updated invoice reflecting the de-allocation of the amount of the initial allocation of compute or data resources.
12. The method of claim 9, wherein the provisioning component, upon de-allocating the amount of the initial allocation of compute or data resources, holds the de-allocated amount of the initial allocation in reserve for a period of time.
13. The method of claim 12, wherein the provision component automatically re-allocates the amount of the initial allocation of compute or data resources to the tenant after the period of time based upon a further indication from the monitoring component.
14. The method of claim 13, wherein a billing component creates an updated invoice in response to receiving the notification and the further indication from the monitoring component, the updated invoice reflecting the amount of compute or data resources being de-allocated from the tenant for the period of time.
15. A non-transitory computer readable storage medium having instructions thereon, which when read and executed cause a computer to perform a method comprising: providing access to a data analytics environment and a data warehouse for storage of data by a plurality of tenants; provisioning, by a provisioning component, an instance of the data analytics environment and data warehouse in a context of a tenant, the provisioned instance having an initial allocation of compute or data resources; and monitoring, by a monitoring agent, use of the data analytics environment and data warehouse by each tenant instance; updating, by the monitoring agent, a metrics repository with entries indicative of the use of the compute or data resources by the provisioned instance, the entries being tagged, and indicative of the tenant; based upon the monitoring agent monitoring an amount of compute or data resource usage at the provisioned instance of the data warehouse, providing, by the monitoring agent, notifications in response thereto, said notifications including an indication of utilization of the allocated compute or data resources.
16. The non-transitory computer readable storage medium of claim 15, wherein, based upon the notification indicating underutilization, the provisioning component de-allocates an amount of the initial allocation of compute or data resources.
17. The non-transitory computer readable storage medium of claim 16, wherein the provisioning component, upon de-allocating the amount of the initial allocation of compute or data resources, allocates the initial allocation of compute or data resources to another tenant of the plurality of tenants.
18. The non-transitory computer readable storage medium of claim 17, wherein a billing component creates an updated invoice in response to receiving the notification from the monitoring component, the updated invoice reflecting the de-allocation of the amount of the initial allocation of compute or data resources.
19. The non-transitory computer readable storage medium of claim 16, wherein the provisioning component, upon de-allocating the amount of the initial allocation of compute or data resources, holds the de-allocated amount of the initial allocation in reserve for a period of time.
20. The non-transitory computer readable storage medium of claim 19, wherein the provision component automatically re-allocates the amount of the initial allocation of compute or data resources to the tenant after the period of time based upon a further indication from the monitoring component.
US Patent 12,265,549 B2
1. A system for resource allocation and utilization management in an analytics cloud environment, comprising: a computer including one or more processors, that provides access to a data analytics environment and a data warehouse for storage of data by a plurality of tenants; a provisioning component for use in provisioning an instance of the data analytics environment and data warehouse in a context of a tenant, the provisioned instance having an initial allocation of compute resources including data size; and a monitoring agent that monitors use of the data analytics environment and data warehouse by each tenant instance, and updates a metrics repository with entries indicative of the use by the provisioned instance of compute resources including data size, the entries being tagged, and indicative of the tenant; wherein the monitoring agent monitors an amount of compute resources including data usage at the provisioned instance of the data warehouse, and provides notifications in response thereto, said notifications including an indication of an amount of change in the size of the provisioned instance of the data warehouse.
2. The system of claim 1, wherein the monitoring agent detects an amount of data stored at the provisioned instance of the data warehouse is equal to an initial size of the provisioned instance of the data warehouse.
3. The system of claim 2, wherein upon the monitoring agent detecting the amount of data stored at the provisioned instance of the data warehouse is equal to the initial size of the provisioned instance of the data warehouse, the monitoring agent provides instructions to the provisioning component, the instructions causing the provisioning component to increase the initial size of the provisioned instance of the data warehouse.
4. The system of claim 3, wherein upon the provisioning component increasing the initial size of the provisioned instance of the data warehouse, the monitoring component sends the notification to a billing component to generate an updated invoice.
5. The system of claim 4, wherein the billing component creates the updated invoice in response to receiving the notification from the monitoring component, the updated invoice reflecting the increase in initial size of the provisioned instance of the data warehouse, the updated invoice automatically generated based on a set rate and combining an original subscription with one or more additional resources provisioned based on the monitoring.
6. The system of claim 1, wherein a discrete number of compute units are provisioned in the context of the tenant; wherein the monitoring agent detects usage by the tenant of a number of compute units greater that the discrete number of compute units provisioned in the context of the tenant.
7. The system of claim 6, wherein upon the monitoring agent detecting the usage by the tenant of a number of compute units greater that the discrete number of compute units provisioned in the context of the tenant, the monitoring agent provides instructions to the provisioning component, the instructions causing the provisioning component to provision a further number of discrete compute units for use by the tenant.
8. A method for resource allocation and utilization management in an analytics cloud environment, comprising: providing a computer including one or more processors, that provides access to a data analytics environment and a data warehouse for storage of data by a plurality of tenants; providing a provisioning component for use in provisioning an instance of the data analytics environment and data warehouse in a context of a tenant, the provisioned instance having an initial allocation of compute resources including data size; and providing a monitoring agent that monitors use of the data analytics environment and data warehouse by each tenant instance, and updates a metrics repository with entries indicative of the use by the provisioned instance of compute resources including data size, the entries being tagged, and indicative of the tenant; wherein the monitoring agent monitors an amount of compute resources including data usage at the provisioned instance of the data warehouse, and provides notifications in response thereto, said notifications including an indication of an amount of change in the size of the provisioned instance of the data warehouse.
9. The method of claim 8, further comprising: detecting, by the monitoring agent, an amount of data stored at the provisioned instance of the data warehouse is equal to an initial size of the provisioned instance of the data warehouse.
10. The method of claim 9, further comprising: upon the monitoring agent detecting the amount of data stored at the provisioned instance of the data warehouse is equal to the initial size of the provisioned instance of the data warehouse, providing, by the monitoring agent, instructions to the provisioning component the instructions causing the provisioning component to increase the initial size of the provisioned instance of the data warehouse.
11. The method of claim 10, further comprising: upon the provisioning component increasing the initial size of the provisioned instance of the data warehouse, sending, by the monitoring agent, the notification to a billing component.
12. The method of claim 11, further comprising creating, by the billing component, an invoice in response to receiving the notification from the monitoring component, the invoice reflecting the increase in initial size of the provisioned instance of the data warehouse.
13. The method of claim 8, wherein a discrete number of compute units are provisioned in the context of the tenant; wherein the monitoring agent detects usage by the tenant of a number of compute units greater that the discrete number of compute units provisioned in the context of the tenant.
14. The method of claim 13, wherein upon the monitoring agent detecting the usage by the tenant of a number of compute units greater that the discrete number of compute units provisioned in the context of the tenant, the monitoring agent provides instructions to the provisioning component, the instructions causing the provisioning component to provision a further number of discrete compute units for use by the tenant.
15. A non-transitory computer readable storage medium having instructions thereon, which when read and executed cause a computer to perform steps comprising: providing a computer including one or more processors, that provides access to a data analytics environment and a data warehouse for storage of data by a plurality of tenants; providing a provisioning component for use in provisioning an instance of the data analytics environment and data warehouse in a context of a tenant, the provisioned instance having an initial allocation of compute resources including data size; and providing a monitoring agent that monitors use of the data analytics environment and data warehouse by each tenant instance, and updates a metrics repository with entries indicative of the use by the provisioned instance of compute resources including data size, the entries being tagged, and indicative of the tenant; wherein the monitoring agent monitors an amount of compute resources including data usage at the provisioned instance of the data warehouse, and provides notifications in response thereto, said notifications including an indication of an amount of change in the size of the provisioned instance of the data warehouse.
16. The non-transitory computer readable storage medium of claim 15, the steps further comprising: detecting, by the monitoring agent, an amount of data stored at the provisioned instance of the data warehouse is equal to an initial size of the provisioned instance of the data warehouse.
17. The non-transitory computer readable storage medium of claim 16, the steps further comprising: upon the monitoring agent detecting the amount of data stored at the provisioned instance of the data warehouse is equal to the initial size of the provisioned instance of the data warehouse, providing, by the monitoring agent, instructions to the provisioning component, the instructions causing the provisioning component to increase the initial size of the provisioned instance of the data warehouse.
18. The non-transitory computer readable storage medium of claim 17, the steps further comprising: upon the provisioning component increasing the initial size of the provisioned instance of the data warehouse, sending, by the monitoring agent, the notification to a billing component.
19. The non-transitory computer readable storage medium of claim 18, the steps further comprising creating, by the billing component, an invoice in response to receiving the notification from the monitoring component, the invoice reflecting the increase in initial size of the provisioned instance of the data warehouse.
20. The non-transitory computer readable storage medium of claim 15, wherein a discrete number of compute units are provisioned in the context of the tenant; wherein the monitoring agent detects usage by the tenant of a number of compute units greater that the discrete number of compute units provisioned in the context of the tenant; and wherein upon the monitoring agent detecting the usage by the tenant of a number of compute units greater that the discrete number of compute units provisioned in the context of the tenant, the monitoring agent provides instructions to the provisioning component, the instructions causing the provisioning component to provision a further number of discrete compute units for use by the tenant.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note attached form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRETA ROBINSON whose telephone number is (571)272-4118. The examiner can normally be reached Mon.-Fri. 9:30AM-6:00PM.
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, Hassan Mahmoudi can be reached at 571-272-4078. 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, visit: 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.
/GRETA L ROBINSON/Primary Examiner, Art Unit 2163