Prior art — US Patent 8370416

Analysis of Prior Art for U.S. Patent 8,370,416

Date: April 26, 2026

Subject: Prior Art Analysis for U.S. Patent 8,370,416, "Compatibility enforcement in clustered computing systems"

To: Senior Patent Analyst

This report provides an analysis of the most relevant prior art cited by the examiner during the prosecution of U.S. Patent No. 8,370,416. The analysis focuses on the potential for anticipation of the patent's claims under 35 U.S.C. § 102.

The key invention of U.S. Patent 8,370,416, filed on April 26, 2006, is a method and system for enforcing compatibility in clustered computing systems by using license information that defines characteristics of the cluster and its individual nodes. This includes a "bundle-type" parameter that specifies cluster properties, such as size, and node license parameters. The cluster is activated only when the number of nodes complies with these parameters.

Prior Art Reference 1: US 7,035,918 B1

Full Citation: US Patent 7,035,918 B1, "License management system and method with multiple license servers"
Assignee: SafeNet, Inc.
Publication Date: April 25, 2006
Filing Date: September 3, 1999

Brief Description:
This patent discloses a system for managing software licenses in a networked environment with multiple license servers. It describes a method where a client can obtain a license from any available server in a pool, providing redundancy and load balancing. The system can be configured with rules that govern the issuance of licenses, including the number of concurrent users.

Potential Anticipation of Claims of US 8,370,416:

While US 7,035,918 B1 deals with license management in a networked environment, its focus is on redundant license servers for individual client access rather than the formation and validation of a "cluster" based on collective licensing rules. It does not appear to explicitly disclose the concept of a "bundle-type" parameter that defines the characteristics of a computing cluster, including its size, and activating the cluster based on compliance with this parameter. Therefore, this reference is unlikely to anticipate the core claims of US 8,370,416 under 35 U.S.C. § 102, although it is relevant to the general field of license management.

Prior Art Reference 2: US 2006/0036894 A1

Full Citation: US Patent Application Publication 2006/0036894 A1, "Cluster resource license"
Applicant: International Business Machines Corporation
Publication Date: February 16, 2006
Filing Date: July 29, 2004

Brief Description:
This patent application describes a method for licensing resources within a computing cluster. It introduces the concept of a "cluster resource license" that is associated with the cluster as a whole, rather than individual nodes. The license specifies the aggregate resources that can be used by the cluster, such as the total number of processors or memory capacity. The system monitors the resource usage of the cluster to ensure it does not exceed the licensed limits.

Potential Anticipation of Claims of US 8,370,416:

This reference is highly relevant as it directly addresses licensing for a computing cluster. The "cluster resource license" in this application is analogous to the "license information for a computing cluster" in claim 1 of US 8,370,416. The disclosure of a license specifying the aggregate resources that can be used by the cluster could be interpreted as anticipating the "bundle-type parameter that identifies a size of the cluster." Furthermore, the monitoring of resource usage to ensure compliance is similar to the concept of activating the cluster when it complies with the license parameters.

Claim 1: Potentially anticipated. US 2006/0036894 A1 discloses storing license information for a cluster that defines its capacity (a characteristic) and managing the cluster based on this license.
Claim 9: Potentially anticipated. The system described in this application includes modules for managing cluster compatibility based on a central license.

A detailed analysis would be required to determine if the specific implementation details of "activating the computing cluster" are fully disclosed. However, this reference presents a strong challenge to the novelty of the broader claims of US 8,370,416.

Prior Art Reference 3: US 6,959,320 B2

Full Citation: US Patent 6,959,320 B2, "Client-side performance optimization system for streamed applications"
Assignee: Endeavors Technology, Inc.
Publication Date: October 25, 2005
Filing Date: November 6, 2000

Brief Description:
This patent focuses on optimizing the performance of streamed applications on a client device by pre-fetching and caching necessary components. The system includes a license manager that verifies the client's right to use the application before streaming begins. The license manager can control which features of an application are available to a user.

Potential Anticipation of Claims of US 8,370,416:

The licensing aspect of this patent is centered on individual client-server interactions for application streaming, not the formation and management of a cooperative computing cluster. It does not describe licensing rules that govern the collective properties of a group of nodes. Therefore, US 6,959,320 B2 is unlikely to anticipate the claims of US 8,370,416, which are specifically directed to the concept of enforcing compatibility within a clustered computing system based on a collective license.

Prior Art Reference 4: US 2003/0126202 A1

Full Citation: US Patent Application Publication 2003/0126202 A1, "System and method for dynamic server allocation and provisioning"
Applicant: Watt, Charles T.
Publication Date: July 3, 2003
Filing Date: November 8, 2001

Brief Description:
This application describes a system for dynamically allocating and provisioning servers in a data center. It includes a policy engine that can make decisions about server allocation based on predefined rules. These rules can include licensing constraints, ensuring that the deployment of software on servers complies with licensing agreements.

Potential Anticipation of Claims of US 8,370,416:

This reference discusses server allocation based on policies, which can include licensing. This is relevant to the general concept of managing computing resources according to licensing rules. However, the focus is on the allocation of individual servers from a pool rather than the creation and activation of a persistent, cooperative "cluster" with its own identity and licensing characteristics as described in US 8,370,416. The concept of a "bundle-type parameter" that defines the collective nature of a cluster is not explicitly disclosed. Therefore, while relevant, it is unlikely to fully anticipate the specific claims of US 8,370,416.

Prior Art Reference 5: US 2005/0234846 A1

Full Citation: US Patent Application Publication 2005/0234846 A1, "System and method for computer cluster virtualization using dynamic boot images and virtual disk"
Applicant: Raytheon Company
Publication Date: October 20, 2005
Filing Date: April 15, 2004

Brief Description:
This patent application discloses a system for creating and managing virtual computer clusters. It describes how nodes can be dynamically added to a cluster and configured using a shared boot image and virtual disk. The system ensures that all nodes in the cluster have a consistent software environment.

Potential Anticipation of Claims of US 8,370,416:

This reference is pertinent as it deals with the formation and management of computer clusters. However, its primary focus is on the technical mechanism of virtualization and ensuring software consistency across nodes, rather than on license enforcement. While it describes adding nodes to a cluster, it does not appear to disclose a licensing framework with "bundle-type" and "node license" parameters that govern the cluster's formation and activation as claimed in US 8,370,416. The novelty of the claims in US 8,370,416 appears to lie in the specific method of using a multi-faceted license to enforce compatibility, which is not a central theme of this prior art reference.

Conclusion

Based on this analysis, US 2006/0036894 A1 appears to be the most relevant prior art with the highest potential to anticipate the independent claims of US Patent 8,370,416. Its disclosure of a "cluster resource license" that defines the aggregate capacity of a computing cluster closely mirrors the core concepts of the invention. The other references, while related to license management and cluster computing, do not appear to contain the specific combination of elements recited in the claims of US 8,370,416. A more in-depth analysis would be necessary to definitively determine the validity of the claims in light of this prior art.