.
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`ae
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`16/687 966
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`HILLIER etal.
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`ANTHONY MEJIA
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`2451
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`No
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`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANTOF PATENTRIGHTS.This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`1.{¥} This communication is responsive to 07/02/2020.
`(J A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`.
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`2.() An election was madebythe applicant in responseto a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporatedinto this action.
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`; the
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`3.4} The allowed claim(s) is/are 2-58 . As a result of the allowed claim(s), you maybeeligible to benefit from the Patent Prosecution
`Highwayprogram at a participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`4[_) Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a) DAI b){JSome=*c) CL) None ofthe:
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`1. ( Certified copies of the priority documents have been received.
`2. LJ Certified copies of the priority documents have been received in Application No.
`3. (J Copiesof the certified copies of the priority documents have been receivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
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`“ Certified copies not received:
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`Applicant has THREE MONTHS FROM THE "MAILING DATE"of this communication to file a reply complying with the requirements
`noted below.Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5.(. CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`() including changes required by the attached Examiner's Amendment / Commentor in the Office action of
`Paper No./Mail Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawingsin the front (not the back) of each
`sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6.C DEPOSIT OFand/or INFORMATION aboutthe deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`5. (2 Examiner's Amendment/Comment
`1.[¥] Notice of References Cited (PTO-892)
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`2.) Information Disclosure Statements (PTO/SB/08), 6.l¥}Examiner's Statement of Reasonsfor Allowance
`Paper No./Mail Date 07/07/2020 and 07/20/2020.
`3. Examiner's Comment Regarding Requirementfor Deposit
`of Biological Material
`.
`4.) Interview Summary (PTO-413),
`Paper No./Mail Date.
`[ANTHONY MEJIA/
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`7.0 Other.
`
`Primary Examiner, Art Unit 2451
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`.
`Part of Paper No./Mail Date 20200924
`
`VMware, Inc.
`
`Exhibit 1004
`
`Page 1
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`VMware, Inc. Exhibit 1004 Page 1
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`

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`Application/Control Number: 16/687,966
`Art Unit: 2451
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`1.
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`The present application is being examined under the pre-AlA first to invent provisions.
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`Priority
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`2.
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`This application discloses and claims only subject matter disclosed in prior US Provisional AP.
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`No. 60/745,322 filed 21 April 2006 and namesthe inventor or at least one joint inventor named in the
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`prior application. Accordingly, this application may constitute a continuation or division. Should
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`applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35
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`U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq.
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`Response to Amendment
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`3.
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`Acknowledgement is made that Claim 1 has been canceled. Claims 2-58 are currently pending in
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`the instant application presented herein.
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`Allowable Subject Matter
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`4.
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`The following is a statement of reasons for the indication of allowable subject matter:
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`Claims 2, 30, and 58 contain similar limitations/inventive concepts to the allowable limitations
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`of at least Claim 1 of prior US AP. Nos. 11/535308 (US PAT No.7,680,754), 11/738936(US PAT No.
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`8,793,679), and 14/341471 (US PAT No. 10,523,492) respectively, along with further narrowing
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`limitations (e.g., “..evaluate compatibility between any of the two or moreofthe plurality of source
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`systems...in combination with any other source systems...determine a placementof at least one source
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`system of the collection of system...by employing the evaluating operations...”) which is not taught by
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`the prior-art.
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`VMware, Inc.
`
`Exhibit1004
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`Page 2
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`VMware, Inc. Exhibit 1004 Page 2
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`

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`Application/Control Number: 16/687,966
`Art Unit: 2451
`
`Page 3
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`5.
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`Thus, Claims 2-58 are considered allowable for analogous reasons as highlighted in related prior
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`US AP. Nos. 11/535308, 11/738936, 14/341471 when reading the claims in light of the specification, as
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`per, MPEP §2111.01 or Toro Co. v. White Consolidated Inc., 199 F.3d 1295, 1301, 53 USPQ2d 1065,1069
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`(Fed. Cir. 1999).
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`6.
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`When taken in context the independentclaims as a whole were not uncoveredin the prior art,
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`the dependentclaims are also allowed as they depend upon allowable independentclaims.
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`7.
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`Any comments considered necessary by Applicant must be submitted no later than the payment
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`of the issue fee and, to avoid processing delays, should preferably accompanythe issue fee. Such
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`submissions should beclearly labeled “Comments on Statement of Reasons for Allowance”.
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`Conclusion
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`8.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to ANTHONY MEJIA whose telephone numberis (571)270-3630. The examiner can
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`normally be reached on Mon-Fri 10:30AM-6:30PM.
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`Examiner interviewsare available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request(AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Christopher Parry can be reached on 571-272-8328. The fax phone number for the organization where
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`this application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application
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`Information Retrieval (PAIR) system. Status information for published applications may be obtained
`
`VMware, Inc.
`
`Exhibit 1004
`
`Page3
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`VMware, Inc. Exhibit 1004 Page 3
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`

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`Application/Control Number: 16/687,966
`Art Unit: 2451
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`Page 4
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`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
`
`through Private PAIR only. For more information about the PAIR system, see http://pair-
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`direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
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`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
`
`CANADA)or 571-272-1000.
`
`/ANTHONY MEJIA/
`Primary Examiner, Art Unit 2451
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`VMware, Inc.
`
`Exhibit1004
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`Page 4
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`VMware, Inc. Exhibit 1004 Page 4
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