DETAILED ACTION
Claims 1-15 are pending and have been examined.
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 § 102
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 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)(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.
(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, 6, and 13-15 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2003/0023719 A1 (Castelli et al.).
As to Claims 1, 14 and 15, Castelli et al. anticipate a method (Castelli et al. – Abstract and ¶¶ [0015-0017]); a computer device (Castelli et al. - ¶¶ [0038-0039]); and a non-transitory computer-readable storage medium (Castelli et al. - ¶¶ [0038-0039]), respectively, for predicting device performance consumption, wherein the method is applied to a network system, and the method comprises:
acquiring first object information, acquiring device information, and second object information, wherein the first object information represents a first object that is ready to consume a device performance indicator of a network device in the network system, the device information represents a running status of the network device in the network system, and the second object information represents a second object that is consuming a performance indicator of the network device in the network system (Castelli et al. disclose the method of predicting the impact of adding a new storage device {first object information} to an existing network system comprising a device {device information} and its existing storage device(s) {second object information} - ¶¶ [0099-0106] and Figs. 16 and 17); and
invoking a preset performance model to generate a prediction result based on the first object information, the device information, and the second object information, wherein the prediction result represents a device performance indicator that the network device needs to consume when the network device in the network system bears the first object and the second object (Castelli et al. disclose the method of predicting the impact of adding a new storage device {first object information} to an existing network system comprising a device {device information} and its existing storage device(s) {second object information} - ¶¶ [0099-0106] and Figs. 16 and 17; and forecasting the utilization of resources needed to be added to an existing system - ¶¶ [0038, 0045-0046, 0090, 0106] and Fig.13).
As to Claim 6, Castelli et al. anticipate the method according to claim 1,
wherein the first object information comprises first function information, and the second object information comprises second function information (Castelli et al. disclose the first and second object information being that of storage capacity - ¶¶ [0009, 0012, 0036, 0039, 0086, 0100]); and
invoking the preset performance model to generate the prediction result based on the first object information, the device information, and the second object information comprises:
invoking the preset performance model to generate a target function range based on the first function information in the first object information, the second function information in the second object information, and running information in the device information, wherein the target function range refers to an upper limit and a lower limit of a device performance indicator consumable by a terminal connected to the network device when the network device in the network system enables a function for the first function information and a function for the second function information; and determining a prediction result of the first function information based on terminal access configuration information in the device information and the target function range (Castelli et al. disclose setting an upper storage limit lower than the maximum storage capacity of a storage object - ¶ [0009]. The range would then be zero to the reduced upper limit).
As to Claim 13, Castelli et al. anticipate the method according to claim 1, wherein invoking the preset performance model to generate the prediction result based on the first object information, the device information, and the second object information comprises:
invoking the preset performance model to generate a target capacity range based on first capacity information in the first object information, second capacity information in the second object information, and enablement information in the device information, and using the target capacity range as a prediction result of the first capacity information, wherein the target capacity range refers to an upper limit and a lower limit of a device performance indicator consumed by the network device when a total of a first quantity and a second quantity of terminals are connected to the network device in the network system, the first quantity is a quantity of terminals corresponding to the first capacity information, and the second quantity is a quantity of terminals corresponding to the second capacity information (Castelli et al. disclose the method of predicting the impact of adding a new storage device {first object information} to an existing network system comprising a device {device information} and its existing storage device(s) {second object information} - ¶¶ [0099-0106] and Figs. 16 and 17; and forecasting the utilization of resources needed to be added to an existing system - ¶¶ [0038, 0045-0046, 0090, 0106] and Fig.13. Castelli et al. also disclose setting an upper storage limit lower than the maximum storage capacity of a storage object - ¶ [0009]. The range would then be zero to the reduced upper limit).
Allowable Subject Matter
Claims 2-5 and 7-12 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.
Interview Practice
USPTO Automated Interview Request (AIR)
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The USPTO AIR form is available on our website at: http://www.uspto.gov/patent/laws-and-regulations/interview-practice.
By submitting this type of interview request, the pending patent application will be in compliance with the written authorization requirement for Internet communication in accordance with MPEP §502.03. This authorization will be in effect until the Applicant provides a written withdrawal of authorization to the Examiner of record.
If you have questions or need assistance with the USPTO AIR form or with interview practice at the USPTO, please contact an Interview Specialist at http://www.uspto.gov/patent/laws-and-regulations/interview-practice/interview-specialist or send an email to ExaminerInterviewPractice@USPTO.GOV.
Examiner Notes:
A) Prior to conducting any interview (whether using AIR or not), Applicant(s) must submit an agenda including the proposed date and time, all arguments in writing, and proposed claim amendments (if applicable). Any proposed amendments or arguments not presented in the agenda will only be heard by the Examiner, but because the Examiner will not have heard them in advance and been given an equitable opportunity to consider them, no decision will be rendered, nor agreement made. ALL AGENDAS MUST BE RECEIVED BY THE EXAMINER AT LEAST 24 HOURS PRIOR TO THE START OF THE INTERVIEW, OR THE PREVIOUS BUSINESS DAY, WHICHEVER IS LONGER, or the interview may have to be rescheduled.
B) After-final interviews may be granted, but the agenda must be in compliance with MPEP 713.09 which limits the interview only to discussions of proposed amendments, or clarification for appeal. After-final interviews are not to be conducted for the purpose of rehashing previously made arguments. After seeing the agenda, Examiner will decide whether to grant or deny the interview.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD G KEEHN whose telephone number is (571)270-5007. The examiner can normally be reached M-F 9:00am - 5:00pm Eastern.
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, John A Follansbee can be reached at 571-272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD G KEEHN/Primary Examiner, Art Unit 2444
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