Ex Parte Liu et al - Page 2


                Appeal No. 2006-2541                                                                          
                Application No. 09/832,438                                                                    

                to 37 CFR § 41.50(b), we enter a new grounds of rejection against claims 1,                   
                3 through 15, 17 through 29 and 31 through 42.                                                
                                            THE INVENTION                                                     
                      The invention relates to a method of maximizing service-level-                          
                agreement profits for servers of a Web server farm.  See page 3 of                            
                Appellants’ specification.  Claim 1 is representative of the invention and is                 
                reproduced below:                                                                             
                             1. A method in a data processing system of allocating resources                  
                      of a computing system to hosting of a data network site to thereby                      
                      maximize generated profit, comprising:                                                  
                             calculating a total profit for processing requests received by the               
                      computing system for the data network site based on at least one                        
                      service level agreement; and                                                            
                             allocating resources of the computing system to maximize the                     
                      total profit, wherein calculating a total profit includes, for each request             
                      received by the computing system for the data network site,                             
                      determining whether processing of the request generates a revenue or                    
                      a penalty, wherein a revenue is generated when an allocation of                         
                      resources is such that the request is processed in accordance with the                  
                      service level agreement and a penalty is generated when the allocation                  
                      of resources is such that the request is not processed in accordance                    
                      with the service level agreement, and wherein the total profit is                       
                      obtained by subtracting the penalty from the revenue for each request.                  
                                           THE REFERENCES                                                     
                   The references relied upon by the Examiner are:                                            
                   Smith  US 2002/0091854 A1  Jul. 11, 2002                                                   
                   Pappalardo, Denise, “ISPs Continue to Improve Internet Access SLAs”;                       
                Network World, Vol. 18, Iss. 8. (Feb. 19, 2001) p. 25                                         
                                       THE REJECTIONS AT ISSUE                                                


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