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 .
Detailed Action
Claims 2-21 are presenting for examination.
non-statutory double patenting rejection
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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.
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Claims 2, 5, 7-9, 12, 14-16, 19, and 21 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-4, 8-9, 12-13, 15, and 17 of U.S. Patent No. 12,298,880. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4, 8-9, 12-13, 15, and 17 of the patent 880 anticipates claims 2, 5, 7-9, 12, 14-16, 19, and 21 of the application as been shown in the table below.
19.185,236
12,298,880
2. (New) A system comprising: a processor; and a computer-readable medium storing instructions that are operative upon execution by the processor to: receive prior-existing utilization data, wherein the utilization data comprises capacity information and resource consumption information for prior-existing computational resources; create, using the utilization data, a capacity prediction model for generating a pre-build configuration that minimizes expected throttling and slack for a first computational resource; generate, using the capacity prediction model, the pre-build configuration for the first computational resource; and build the first computational resource in accordance with the pre-build configuration.
1. A system comprising: a processor; and a computer-readable medium storing instructions that are operative upon execution by the processor to: receive prior-existing utilization data and project metadata, wherein the utilization data comprises capacity information and resource consumption information for prior-existing computational resources, and wherein the project metadata includes information for hierarchically categorizing the prior-existing computational resources; create, using the utilization data and project metadata, a capacity prediction model for generating a pre-build configuration for a first computational resource; generate, using the capacity prediction model, the pre-build configuration for the first computational resource; and tune the pre-build configuration using a selected cost and performance balance point and prior-existing project history data.
2. The system of claim 1, wherein the instructions are further operative to: build the first computational resource in accordance with the pre-build configuration, the pre-build configuration comprising a processor count, amount of memory, and/or storage capacity for the first computational resource.
5. (New) The system of claim 2, wherein the capacity information comprises processor count, amount of memory, and/or storage capacity for the prior-existing computational resources; and wherein the resource consumption information comprises slack information and throttling information for the prior-existing computational resources.
4. The system of claim 1, wherein the capacity information comprises processor count, amount of memory, and/or storage capacity for the prior-existing computational resources; wherein the resource consumption information comprises slack information and throttling information for the prior-existing computational resources; and wherein the project history data comprises requested changes or reported incidents for the prior-existing computational resources.
7. (New) The system of claim 2, wherein the instructions are further operative to: tune the pre-build configuration using a selected cost and performance balance point, wherein the cost and performance balance point are selected by a user based on a preferences of the user.
1. A system comprising: a processor; and a computer-readable medium storing instructions that are operative upon execution by the processor to: receive prior-existing utilization data and project metadata, wherein the utilization data comprises capacity information and resource consumption information for prior-existing computational resources, and wherein the project metadata includes information for hierarchically categorizing the prior-existing computational resources; create, using the utilization data and project metadata, a capacity prediction model for generating a pre-build configuration for a first computational resource; generate, using the capacity prediction model, the pre-build configuration for the first computational resource; and tune the pre-build configuration using a selected cost and performance balance point and prior-existing project history data.
8. (New) The system of claim 2, wherein the first computational resource is configured to generate output data from input data while minimizing expected throttling and slack.
3. The system of claim 2, wherein the instructions are further operative to: receive input data by the first computational resource; and generate output data using the first computational resource, based on at least the input data.
9. (New) A computer-implemented method comprising: receiving prior-existing utilization data, wherein the utilization data comprises capacity information and resource consumption information for prior-existing computational resources; creating, using the utilization data, a capacity prediction model for generating a pre- build configuration that minimizes expected throttling and slack for a first computational resource; generating, using the capacity prediction model, the pre-build configuration for the first computational resource; and building the first computational resource in accordance with the pre-build configuration.
8. A computer-implemented method comprising: receiving prior-existing utilization data and project metadata, wherein the utilization data comprises capacity information and resource consumption information for prior-existing computational resources, and wherein the project metadata includes information for hierarchically categorizing the prior-existing computational resources; creating, using the utilization data and project metadata, a capacity prediction model for generating a pre-build configuration for a first computational resource; generating, using the capacity prediction model, the pre-build configuration for the first computational resource, the pre-build configuration comprises processor count, amount of memory, and/or storage capacity for the first computational resource; and tuning the pre-build configuration using a selected cost and performance balance point and prior-existing project history data.
9. The computer-implemented method of claim 8, further comprising: building the first computational resource in accordance with the pre-build configuration; receiving input data by the first computational resource; and generating output data using the first computational resource, based on at least the input data.
12. (New) The computer-implemented method of claim 9, wherein the capacity information comprises processor count, amount of memory, and/or storage capacity for the prior-existing computational resources; and wherein the resource consumption information comprises slack information and throttling information for the prior-existing computational resources.
10. The computer-implemented method of claim 8, wherein the capacity information comprises processor count, amount of memory, and/or storage capacity for the prior-existing computational resources; wherein the resource consumption information comprises slack information and throttling information for the prior-existing computational resources; and wherein the project history data comprises requested changes or reported incidents for the prior-existing computational resources.
14. (New) The computer-implemented method of claim 9, further comprising: presenting a user interface (UI);receiving, through the UI, an initial build target selection, wherein generating the pre- build configuration for the first computational resource comprises generating the pre-build configuration for the first computational resource based on at least the initial build target selection; receiving, through the UI, a selected cost and performance balance point; displaying, in the UI, at least a portion of a hierarchy of the capacity prediction model; displaying, in the UI, information for a prior-existing computational resource used in generating the capacity prediction model; and displaying, in the UI, at least a portion of the pre-build configuration.
12. The computer-implemented method of claim 8, further comprising: presenting a user interface (UI); receiving, through the UI, an initial build target selection, wherein generating the pre-build configuration for the first computational resource comprises generating the pre-build configuration for the first computational resource based on at least the initial build target selection; receiving, through the UI, the selected cost and performance balance point; and displaying, in the UI, at least a portion of the pre-build configuration.
13. The computer-implemented method of claim 12, further comprising: displaying, in the UI, at least a portion of a hierarchy of the capacity prediction model; and displaying, in the UI, information for a prior-existing computational resource used in generating the capacity prediction model.
15. (New) The computer-implemented method of claim 9, further comprising: tuning the pre-build configuration using a selected cost and performance balance point, wherein the cost and performance balance point are selected by a user based on a preferences of the user.
8. A computer-implemented method comprising: receiving prior-existing utilization data and project metadata, wherein the utilization data comprises capacity information and resource consumption information for prior-existing computational resources, and wherein the project metadata includes information for hierarchically categorizing the prior-existing computational resources; creating, using the utilization data and project metadata, a capacity prediction model for generating a pre-build configuration for a first computational resource; generating, using the capacity prediction model, the pre-build configuration for the first computational resource, the pre-build configuration comprises processor count, amount of memory, and/or storage capacity for the first computational resource; and tuning the pre-build configuration using a selected cost and performance balance point and prior-existing project history data.
16. (New) A computer storage device having computer-executable instructions stored thereon, which, on execution by a computer, cause the computer to perform operations comprising: receiving prior-existing utilization data, wherein the utilization data comprises capacity information and resource consumption information for prior-existing computational resources; creating, using the utilization data, a capacity prediction model for generating a pre- build configuration that minimizes expected throttling and slack for a first computational resource; generating, using the capacity prediction model, the pre-build configuration for the first computational resource; and building the first computational resource in accordance with the pre-build configuration.
15. A computer storage device having computer-executable instructions stored thereon, which, on execution by a computer, cause the computer to perform operations comprising: receiving prior-existing utilization data and project metadata, wherein the utilization data comprises capacity information and resource consumption information for prior-existing computational resources, and wherein the project metadata includes information for hierarchically categorizing the prior-existing computational resources; creating, using the utilization data and project metadata, a capacity prediction model for generating a pre-build configuration for a first computational resource; generating, using the capacity prediction model, the pre-build configuration for the first computational resource; tuning the pre-build configuration using a selected cost and performance balance point and prior-existing project history data; and building the first computational resource in accordance with the pre-build configuration, the pre-build configuration comprising a processor count, amount of memory, and/or storage capacity for the first computational resource.
19. (New) The computer storage device of claim 16, wherein the capacity information comprises processor count, amount of memory, and/or storage capacity for the prior-existing computational resources; and wherein the resource consumption information comprises slack information and throttling information for the prior-existing computational resources.
17. The computer storage device of claim 15, wherein the operations further comprise: wherein the capacity information comprises processor count, amount of memory, and/or storage capacity for the prior-existing computational resources; wherein the resource consumption information comprises slack information and throttling information for the prior-existing computational resources; and wherein the project history data comprises requested changes or reported incidents for the prior-existing computational resources.
21. (New) The computer storage device of claim 20, wherein the operations further comprise: tuning the pre-build configuration using a selected cost and performance balance point, wherein the cost and performance balance point are selected by a user based on a preferences of the user.
15. A computer storage device having computer-executable instructions stored thereon, which, on execution by a computer, cause the computer to perform operations comprising: receiving prior-existing utilization data and project metadata, wherein the utilization data comprises capacity information and resource consumption information for prior-existing computational resources, and wherein the project metadata includes information for hierarchically categorizing the prior-existing computational resources; creating, using the utilization data and project metadata, a capacity prediction model for generating a pre-build configuration for a first computational resource; generating, using the capacity prediction model, the pre-build configuration for the first computational resource; tuning the pre-build configuration using a selected cost and performance balance point and prior-existing project history data; and building the first computational resource in accordance with the pre-build configuration, the pre-build configuration comprising a processor count, amount of memory, and/or storage capacity for the first computational resource.
Claims 3-4, 6, 10-1, 13, 17-18, and 20 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.
The prior art of record doesn’t teach the limitations of claims 3-4, 6, 10-1, 13, 17-18, and 20.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moustafa M Meky whose telephone number is (571)272-4005. The examiner can normally be reached Monday-Friday 9AM-5PM.
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MOUSTAFA M. MEKY
Primary Patent Examiner
Art Unit 2457
/MOUSTAFA M MEKY/Primary Examiner, Art Unit 2457
06/27/2026
Prosecution Insights