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
This action is responsive to the application 19/208,282 filed on May 14, 2025. Claims 1-20 are pending.
Claim Objections
Claims 18 and 20 are objected to because of the following informalities:
Claim 18 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 16. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim 20 recites “the computing resources are accessible to the transport layer for sending data over the plurality of connections”, the Examiner suggests to amend as “the computing resources are accessible to the transport layer for generating data over the plurality of connections”. Appropriate corrections are required.
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 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 of this title, 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aronovich et al. (US 2023/0125765) hereinafter “Aronovich”, and in view of Kato (US 2022/0368644)
Claim 1
Aronovich teaches a method for resource isolation during data communication, the method comprising
receiving, by one or more processors, a request to send data along a connection
between a source and a destination [i.e. receiving user input for a job to be processed and that send along a connection between a client computer and server computer] (Aronovich, abstract, 0178, 0182-0186);
the resource limit based at least partially on free resource space for computing resources
allocated for sending data over a plurality of connections [i.e. the job processing pools based on the set of resource limits; and in terms of a requested amount of sources that should be freed, a requested number of idle containers/resources that should be removed or an idleness related threshold on the containers/resources to be removed] (Aronovich, abstract, 0008, 0154, claim 10);
determining, by the one or more processors, that the connection exceeds the
resource limit [i.e. identifying jobs exceed the resource limit or a running time threshold] (Aronovich, 0099, 0106, 0137-0139, 0147, 0154, 0163-0165); and
causing, by the one or more processors, the connection to pause based on a
determination that the connection exceeds the resource limit [i.e. the job exceeding the resource limit or the running time threshold, the job is stopped and placed into a queue] (Aronovich, 0137-0139).
Aronovich fails to teach generating, by the one or more processors, a resource limit for the connection; sending, by the one or more processors, data over the connection between the source and the destination.
However, in an analogous art, Kato teaches generating, by the one or more processors, a resource limit for the connection; sending, by the one or more processors, data over the connection between the source and the destination [i.e. generating resource limit (e.g. utilizing QoS for resource limit) and calculating a flow rate limit value for each of the containers, CPU usage, etc. and send this flow rate value to a flow rate limit management unit to against the CPU usage rate with a QoS resource limit] (Kato, 0036-0038, 0041-0043).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Aronovich to include the teachings of Kato of generating a resource limit for the connection; sending data over the connection between the source and the destination. One ordinary skill in the art would be motivated to provide effectively utilize resource in arithmetic processing or the link on a flow.
Claim 2
Aronovich in combination with Kato teach the method of claim 1, wherein:
the one or more processors are part of a transport layer at least partially implemented in hardware [i.e. CPU] (Kato, abstract, 0008, 0010, 0012);
the computing resources are accessible to the transport layer for generating the
plurality of connections; and the computing resources are at least partially oversubscribed (Kato, 0036-0038, 0041-0043).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Aronovich to include the teachings of Kato of the one or more processors are part of a transport layer at least partially implemented in hardware; and the computing resources are accessible to the transport layer for generating the plurality of connections; and the computing resources are at least partially oversubscribed. One ordinary skill in the art would be motivated to provide effectively utilize resource in arithmetic processing or the link on a flow.
Claim 3
Aronovich in combination with Kato teach the method of claim 2, further comprising:
generating, by the one or more processors, an updated resource limit [i.e. adjusting the size of container/resource pools based on the types of jobs received or predicted to be received for processing] (Aronovich, 0008, 0079, 0154); and
updating, by the one or more processors, the connection with the updated
resource limit [i.e. adjusting the size of container/resource pools based on the types of jobs received or predicted to be received for processing] (Aronovich, 0008, 0079, 0154).
Claim 4
Aronovich in combination with Kato teach the method of claim 2, further comprising maintaining a plurality of connections, including the connection, wherein the total resource free space is based at least partially on:
a total allocation of the resources available for the plurality of connections [i.e. allocating the CPU resource available and a flow rate limit are dynamically controlled for the flows in the network], a predetermined headroom of reserved resources that are not allocated to the plurality of connections, and a total occupancy of the resources (Kato, 0008, 0148, 0151).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Aronovich to include the teachings of Kato of a total allocation of the resources available for the plurality of connections. One ordinary skill in the art would be motivated to provide effectively utilize resource in arithmetic processing or the link on a flow.
Claim 5
Aronovich in combination with Kato teach the method of claim 4, wherein resources comprise at least one of:
a buffer allocation in memory for receiving the request [i.e. a buffer 114 in memory for receiving the packets; and the memory in the network interface implements the function of the buffer] (Kato, 0104, 0144);
a buffer allocation in memory for sending a response to the request; or
a buffer allocation in memory for generating the connection.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Aronovich to include the teachings of Kato of a buffer allocation in memory for receiving the request. One ordinary skill in the art would be motivated to provide effectively utilize resource in arithmetic processing or the link on a flow.
Claim 6
Aronovich in combination with Kato teach the method of claim 1, further comprising generating, by the one or more processors, a plurality of resource limits, each resource limit corresponding to a respective type of data communication over the connection and a respective resource allocated to the respective type of data communication [i.e. generating resource limits (e.g. utilizing QoS for resource limits) that corresponding to a respective of type data communication] (Kato, 0005, 0011, 0036-0038, 0041-0043).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Aronovich to include the teachings of Kato of generating a plurality of resource limits, each resource limit corresponding to a respective type of data communication over the connection and a respective resource allocated to the respective type of data communication. One ordinary skill in the art would be motivated to provide effectively utilize resource in arithmetic processing or the link on a flow.
Claim 7
Aronovich in combination with Kato teach the method of claim 6, wherein generating the plurality of resource limits comprises generating each resource limit based on at least one of:
a measurement of congestion of a network used by the connection to communicate data [i.e. receiving a window size decided based on the congestion window size is measured for a packet and it is effect of interrupts caused by burst traffic in association with a time] (Kato, 0037, 0043, 0072), or
a measurement of congestion of a device implementing the one or more processors [i.e. the flow rate limit management unit measures an actual CPU usage rate and calculates a receive flow rate limit value for each of the containers] (Kato, 0037, 0043, 0072).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Aronovich to include the teachings of Kato of measurement of congestion of a network used by the connection to
communicate data. One ordinary skill in the art would be motivated to provide effectively utilize resource in arithmetic processing or the link on a flow.
Claim 8
Aronovich in combination with Kato teach the method of claim 1, wherein generating the resource limit for the connection comprises generating the resource limit based at least in part on an allocation of hardware for connections communicating data in accordance with a one or more upper-layer protocols (ULPs) [i.e. generating resource limit (e.g. utilizing QoS for resource limit) and calculating a flow rate limit value for each of the containers, CPU usage, etc. and allocation of CPU for the flow in accordance with a upper layer protocol (e.g. TCP)] (Kato, 0005-0006, 0036-0038, 0041-0043).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Aronovich to include the teachings of Kato of generating the resource limit based at least in part on an allocation of hardware for connections communicating data in accordance with a one or more upper-layer protocols. One ordinary skill in the art would be motivated to provide effectively utilize resource in arithmetic processing or the link on a flow.
Claim 9
Aronovich in combination with Kato teach the method of claim 8, wherein the one or more upper-layer protocols comprise at least one of remote direct memory access (RDMA) or nonvolatile memory express (NVMe) (Aronovich, 0032).
Claim 13
Aronovich in combination with Kato teach the system of claim 11, wherein the network device is a network interface card [i.e. communications unit 2210 is a network interface card] (Aronovich, 0182).
Claims 10-12, 14-18 do not teach or define any new limitation other than above claims 1-7, 6. Therefore, claims 10-12, 14-18 are rejected for similar reasons.
Claims 19-20 do not teach or define any new limitation other than above claims 1-2. Therefore, claims 19-20 are rejected for similar reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure (see PTO-892).
US 2022/0058043 issued to Wang et al., teaches dynamic over provisioning of space in a log-structured file system.
US 2024/0020036 issued to Zlotnik et al., teaches virtual binning in a memory device, in particular to memory sub-systems that include virtual binning circuitry.
US 2022/0210165 issued to Rosas Bustos et al., teaches systems and methods of creating and operating a cloudless infrastructure of computing devices.
Correspondence Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH CHAU N NGUYEN whose telephone number is (571)272-4242. The examiner can normally be reached on M-F 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TONIA DOLLINGER can be reached on (571)272-4170. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MINH CHAU NGUYEN/Primary Examiner, Art Unit 2459
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