Prosecution Insights
Last updated: October 01, 2026
Application No. 19/227,757

Process Migration Method, Apparatus, and System

Non-Final OA §103
Filed
Jun 04, 2025
Priority
Dec 05, 2022 — CN 202211551525.5 +2 more
Examiner
MATIN, TASNIMA
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
396 granted / 440 resolved
+30.0% vs TC avg
Moderate +8% lift
Without
With
+8.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
5 currently pending
Career history
449
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
55.6%
+15.6% vs TC avg
§102
12.4%
-27.6% vs TC avg
§112
17.1%
-22.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 440 resolved cases

Office Action

§103
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 1-20 are pending. NOTE: It is noted that any citations to specific, pages, columns, lines, or figures in the prior art reference and any interpretations of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123. Information Disclosure Statement The references cited in the information disclosure statement (IDS) submitted on March 20, 2026 have been considered by the examiner. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The title is meant to have an “informative value in indexing, classifying, searching”. See MPEP606.01. Claim Rejections - 35 USC § 103 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. Claims 1-6, 8, 9-14,16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et. al. U.S. Patent Pub No. 2022/0084157 (hereinafter Wang) in view of Yang et. al. US Patent Pub. No. 2015/0095443 (hereinafter Yang). Regarding Claim 1, Wang teaches a method applied to a source host running a to-be-migrated process wherein the method comprises: receiving a first migration indication indicating to migrate a to-be-migrated process to a destination host (Fig.15; Para150-154 "This GPU state may be saved and subsequently restored on a new physical machine to perform the migration" "the containerization features described herein including sharing of the physical machine/resources 1520, 1540 among the containers 1510, 1515 and managing the various forms of state data 1550, 1555 required to seamlessly migrate the containers 1510, 1515."); copying, in response to the first migration indication, a memory page of the to-be-migrated process to a storage space of a first component in the source host, wherein the memory page restores the to-be-migrated process on the destination host (Fig.15, 17, 18-20; Para150-155-a migration indication, "To perform the migration, the state 1550 associated with container 1510 is saved by physical machine/resources 1520 (e.g., to a persistent storage device) and subsequently restored on physical machine/resources 1540" Para170-172 "the physical page 1831 is captured within the image file 1801 which is provided to the target physical machine/resources 1540" ); and sending, to the destination host, the memory page (Fig.17,18; Para163-167 "At 1704, the container migration engine 1590 transmits the image file to the target container migration engine." Para170-172). However, Wang fails to teach but Yang teaches Sending, via a remote access system(Fig.2,3; Para21-23 "before the sending, to a destination physical host by using an RDMA network adapter"). Wang and Yang are analogous art because they are from the same field of endeavor. They both relate to data management in a storage system. Therefore, before the effective filling date of claimed invention was made, it would have been obvious to a person of ordinary skill in the art to modify the above method, as taught by Wang, and incorporating the remote access method, as taught by Yang. One of ordinary skill in the art would have been motivated to do this modification in order to utilize more efficient approach of data management, as suggested by Yang (Para3-5). Regarding claim 2, the combination of Wang and Yang teaches all the limitations of the base claims as outlined above. Further, Wang teaches wherein copying the memory page comprises copying, based on a mapping relationship between a virtual address of a memory of the to-be-migrated process and the storage space, the memory page to the storage space (Fig. 15-17; Para150-154,162-165 "In particular, one embodiment of the invention ensures that the address translation tables and other graphics address translation data are coherently restored on the new platform" Para170-172). Regarding claim 3, the combination of Wang and Yang teaches all the limitations of the base claims as outlined above. Further, Wang teaches wherein before copying the memory page, the method further comprises: establishing based on parasitic code implanted in the to-be- migrated process, the mapping relationship; or establishing, via a process memory management system in the source host, the mapping relationship(Fig. 15-17; Para150-154,162-165 "In particular, one embodiment of the invention ensures that the address translation tables and other graphics address translation data are coherently restored on the new platform" Para170-172). Regarding claim 4, the combination of Wang and Yang teaches all the limitations of the base claims as outlined above. Further, Yang teaches wherein sending the memory page comprises: generating, via the remote access system, a remote access packet carrying at least one memory page copied to the first component and a target virtual address of each of the at least one memory page in a memory of the to-be-migrated process; and sending, to the destination host via the remote access system, the remote access packet(Fig.2,3; Para21-23 "before the sending, to a destination physical host by using an RDMA network adapter"). Regarding claim 5, the combination of Wang and Yang teaches all the limitations of the base claims as outlined above. Further, Yang teaches wherein the to-be-migrated process comprises processes, and wherein the remote access packet further comprises a process identifier (ID) of a process that is of the processes and that each of the at least one memory page belongs to(Fig.2,3,5; Para9-18, 21-23, 30-32). Regarding claim 6, the combination of Wang and Yang teaches all the limitations of the base claims as outlined above. Further, Wang teaches wherein the to-be-migrated process comprises processes of a process group that is for implementing a to-be-migrated container(Fig. 15-17; Para150-154,162-165, Para170-172). Regarding claim 8, the combination of Wang and Yang teaches all the limitations of the base claims as outlined above. Further, Wang teaches collecting running status information of the to-be-migrated process, wherein the running status information sets a running status of a migrated process; and sending, via the first component to the destination host, a packet comprising the running status information(Fig.15, 17, 18-20; Para31-32,150-155). Regarding claims 9-14,16-20 , the combination of Wang and Yang teaches these claims according to the reasoning set forth in claims 1-6, 8. Claims 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Yang as applied to claims 1-6 above, further in view of Gotiset. al. U.S. Patent Pub No. 20230229609 (hereinafter Gotiset). Regarding claim 7, the combination of Wang and Yang teaches all the limitations of the base claims as outlined above. However, the combination fails to teach but Gotiset teaches wherein before copying the memory page, the method further comprises obtaining a process tree structure of the to-be-migrated container; and sending, to the destination host, the process tree structure(Fig.2, Para15-18 "I/O page tables 210"). Wang, Yang, and Gotiset are analogous art because they are from the same field of endeavor. They all relate to data management in a storage system. Therefore, before the effective filling date of claimed invention was made, it would have been obvious to a person of ordinary skill in the art to modify the above method, as taught by Wang and Yang, and incorporating the tree structure, as taught by Gotiset. One of ordinary skill in the art would have been motivated to do this modification in order to utilize more efficient approach of data management, as suggested by Gotiset (Para2-3,18 ). Regarding claim 15 , the combination of Wang. Yang, and Gotiset teaches this claim according to the reasoning set forth in claim 7. Conclusion The prior art made of record , listed on form PTO-892, and not relied upon, if any, is considered pertinent to applicant's disclosure. Ramasubramanian et.al. US20160378530 teaches RDMA based page transfer. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TASNIMA MATIN whose telephone number is (571)272-8785. The examiner can normally be reached Monday-Friday 9-5. 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, Jared Rutz can be reached on 571-272-5535. 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. TASNIMA . MATIN Primary Examiner Art Unit 2135 /TASNIMA MATIN/Primary Examiner, Art Unit 2135
Read full office action

Prosecution Timeline

Jun 04, 2025
Application Filed
Jul 23, 2025
Response after Non-Final Action
Aug 11, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
98%
With Interview (+8.3%)
2y 2m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 440 resolved cases by this examiner. Grant probability derived from career allowance rate.

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