Prosecution Insights
Last updated: April 19, 2026
Application No. 17/605,307

APPARATUS, SYSTEM, AND METHOD FOR MANAGING AN OBJECT-BASED FILE SYSTEM

Non-Final OA §103§112
Filed
Oct 21, 2021
Examiner
QIAN, SHELLY X
Art Unit
2154
Tech Center
2100 — Computer Architecture & Software
Assignee
Hitachi Vantara LLC
OA Round
7 (Non-Final)
37%
Grant Probability
At Risk
7-8
OA Rounds
3y 11m
To Grant
57%
With Interview

Examiner Intelligence

Grants only 37% of cases
37%
Career Allow Rate
47 granted / 126 resolved
-17.7% vs TC avg
Strong +19% interview lift
Without
With
+19.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
28 currently pending
Career history
154
Total Applications
across all art units

Statute-Specific Performance

§101
16.7%
-23.3% vs TC avg
§103
64.0%
+24.0% vs TC avg
§102
10.6%
-29.4% vs TC avg
§112
6.3%
-33.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 126 resolved cases

Office Action

§103 §112
DETAILED ACTION 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 . Response to Arguments Applicant's arguments filed 7/14/2025 have been fully considered but they are not persuasive. Applicant states (pp. 35) that Kolishchak does not teach limitations containing element “read-only state”. Examiner respectfully disagrees. Kolishchak teaches a system for controlling privileged operations, where a kernel module at a client intercepts file operations, and notifies a privileged daemon. The privileged daemon performs an authorization policy check to determine if the client is authorized to perform the intercepted operation (Kolishchak: [0008]). File access is denied (i.e., not accessible) if the operation has standard user privilege (Kolishchak: [0008], col. 1, ln. 34-37). Otherwise, file access is authorized (i.e., accessible) if the operation is a privileged operation (Kolishchak: [0008], col. 2, ln. 7-9). For example, an admin process has higher read-and-write privilege, whereas a user process has much lower read-only privilege (i.e., read-only state) (Kolishchak: [0002]). Applicant further states (pp. 36) that Pawlowski does not teach “the special block access object being independent from and not accessible via the file level layer and the special block access object not being associated with a respective file of the file system,” Examiner respectfully disagrees. In Pawlowski, the file-based access protocol (i.e., file serving protocol) supports access (i.e., file access requests) to files and directories [0025]. The block-based protocol supports access to blocks on vdisks (a special type of files [0022]) using SCSI – a device-independent I/O interface (i.e., network interface), which allows different (i.e., independent) devices (i.e., not associated with files) to attach (i.e., mount) to the storage appliance [0027]. Applicant further states that Vaitheeswaran does not teach “wherein the file system management section is configured to provide the special block access object of the object-based file system for write access by the search index application to write data into a search index file or search index database stored in the special block access object while the object-based file system is set to the read-only state.” This is taught instead by combining Pawlowski and Lightsail with Vaitheeswaran. Vaitheeswaran teaches a search server containing an indexer (i.e., search index application) that indexes objects (i.e., files) in an object repository (i.e., file system). The indexer identifies objects in the repository that are newly created or updated (i.e., file access requests) and extracts information to update (i.e., write) the search index (Vaitheeswaran: [0023]). Search index may be stored in any common storage device (e.g., special block access object) (Vaitheeswaran: [0028]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Vaitheeswaran to Pawlowski and Lightsail. One having ordinary skill in the art would have found motivation to incorporate the search index application of Vaitheeswaran on top of block storage devices of Lightsail using the multi-protocol storage appliance of Pawlowski. In summary, the cited prior art of record combined teaches the argued limitations of independent claims 1 and 13-15. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. Claims 1-2, 4-5, 8 and 11-15 are rejected under 35 U.S.C. 112(a), as failing to comply with the written description requirement. Claims 1 and 13-15 contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention. For example, limitation “the special block access object being independent from and not accessible via the file level layer and the special block access object not being associated with a respective file of the file system” is not defined in the instant specification. 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, 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 1-2, 4-5 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Pawlowski et al. US patent application 2004/0030668 [herein “Pawlowski”], in view of Creating and attaching a block storage disk to your Windows Server instance in Amazon Lightsail. https://lightsail.aws.amazon.com/ls/docs/en_us/articles/create-and-attach-additional-block-storage-disks-windows, pp. 1-6, 2018 [herein “Lightsail”] and Kolishchak. US patent application 2018/0336360 [herein “Kolishchak”], and further in view of Vaitheeswaran et al. US patent application 2012/0078859 [herein “Vaitheeswaran”]. Claim 1 recites “An apparatus for managing an object-based file system, comprising: a network interface configured to communicably connect to one or more client computers via a communication network; and a file system management section, implemented at least in part by a processor, configured to manage the object-based file system comprising plural file objects in an object level layer, each file object being associated with a respective file in a file level layer of the file system, wherein the file system management section is configured to serve file access requests of a file serving protocol received via the interface;” Pawlowski teaches a multi-protocol storage appliance serving both file and block protocol access to information stored on storage devices [0020], including a storage operating system (i.e., host operating system) operable on a computer (i.e., host computer) [0035] that logically organizes the information as a hierarchical structure of file, directory and virtual disk (vdisk) storage objects (i.e., object level layer) [0021]. Pawlowski enables file-based access to files and directories (i.e., file level layer), and block-based access to vdisks [0011]. Claim 1 further recites “wherein the file system management section is further configured to provide a special block access object of the object-based file system being mountable as a block storage device, the special block access object being independent from and not accessible via the file level layer and the special block access object not being associated with a respective file of the file system,” In Pawlowski, the file-based access protocol (i.e., file serving protocol) supports access (i.e., file access requests) to files and directories [0025]. The block-based protocol supports access to blocks on vdisks (a special type of files [0022]) using SCSI – a device-independent I/O interface (i.e., network interface), which allows different (i.e., independent) devices (i.e., not associated with files) to attach (i.e., mount) to the storage appliance [0027]. Pawlowski does not disclose claim element “mountable as a block storage device”; however, Lightsail creates and attaches (i.e., mounts) block storage disks (i.e., block storage device) (Lightsail: pp. 1/6) as a volume (i.e., special block access object) in an industry standard file system such as NTFS (Lightsail: pp. 5/6). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Lightsail to Pawlowski. One having ordinary skill in the art would have found motivation to incorporate block storage disks of Lightsail as the vdisk storage objects in a file-based storage system using the multi-protocol storage appliance of Pawlowski. Pawlowski does not disclose limitation “wherein the file system management section is configured to create the special block access object at the object level layer of the object-based file system upon determining that the object-based file system is set to a read-only state, wherein the special block access object is accessible to the object-based file system for performing modifications but is not accessible to a user for performing write access in the read-only state via the file level layer,” However, Kolishchak teaches a system for controlling privileged operations, where a kernel module at a client intercepts file operations, and notifies a privileged daemon. The privileged daemon performs an authorization policy check to determine if the client is authorized to perform the intercepted operation (Kolishchak: [0008]). File access is denied (i.e., not accessible) if the operation has standard user privilege (Kolishchak: [0008], col. 1, ln. 34-37). Otherwise, file access is authorized (i.e., accessible) if the operation is a privileged operation (Kolishchak: [0008], col. 2, ln. 7-9). For example, an admin process has higher read-and-write privilege, whereas a user process has much lower read-only privilege (i.e., read-only state) (Kolishchak: [0002]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Kolishchak to Pawlowski and Lightsail. One having ordinary skill in the art would have found motivation to constrain read/write access to block storage disks of Lightsail as privileged operations of Kolishchak through the multi-protocol storage appliance of Pawlowski. Claim 1 further recites “wherein the file system management section is configured to provide the special block access object of the object-based file system being mountable as a block storage device by a host operating system of a host computer, wherein the file system management section is configured to provide the special block access object of the object-based file system for write access by an external application executing on the host operating system of the host computer independently of the file level layer,” The block-based protocol of Pawlowski supports access to blocks using the SCSI I/O (i.e., read/write) interface on the block storage device attached to the storage appliance [0027]. The network adapter couples the storage appliance with a plurality of clients (i.e., external application) locally or remotely [0024]. Pawlowski does not disclose limitation “wherein the external application is a search index application configured to create and/or update a search index based on file access requests issued to read data from and write data to files associated with objects of the object-based file system, and wherein the file system management section is configured to provide the special block access object of the object-based file system for write access by the search index application to write data into a search index file or search index database stored in the special block access object while the object-based file system is set to the read-only state.” However, Vaitheeswaran teaches a search server containing an indexer (i.e., search index application) that indexes objects (i.e., files) in an object repository (i.e., file system). The indexer identifies objects in the repository that are newly created or updated (i.e., file access requests) and extracts information to update (i.e., write) the search index (Vaitheeswaran: [0023]). Search index may be stored in any common storage device (e.g., special block access object) (Vaitheeswaran: [0028]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Vaitheeswaran to Pawlowski and Lightsail. One having ordinary skill in the art would have found motivation to incorporate the search index application of Vaitheeswaran on top of block storage devices of Lightsail using the multi-protocol storage appliance of Pawlowski. Claims 13-15 are analogous to claim 1, and are similarly rejected. Claim 2 recites “An apparatus according to claim 1, wherein the file system management section comprises a block serving protocol server section configured to serve block access requests of a block serving network protocol directed to the block storage device of the special block access object of the object-based file system.” The block-based protocol (i.e., block serving network protocol) of Pawlowski supports access to blocks (i.e., block access requests) on vdisks (i.e., special block access object) attached to the storage appliance [0027]. Claim 4 recites “An apparatus according to claim 1, wherein the file system management section includes a file serving application executed on the host operating system of a host computer.” The multi-protocol storage appliance (i.e., file serving application) of Pawlowski includes a storage operating system (i.e., host operating system) operable on a computer (i.e., host computer) [0035] that logically organizes the information as a hierarchical structure of files, directories and vdisk storage objects [0021]. Claim 5 recites “An apparatus according to claim 1, wherein the file system management section is configured to provide the special block access object of the object-based file system to the host operating system of the host computer so as to format the block storage device provided by the special block access object in the host operating system's file system format.” The multi-protocol storage appliance of Pawlowski includes a storage operating system (i.e., host operating system) operable on a computer (i.e., host computer) [0035] that logically organizes the information as a hierarchical structure of files, directories and vdisk storage objects [0021]. Pawlowski and Lightsail teach claim 1, where Lightsail creates (i.e., formats) and attaches block storage disks (i.e., block storage device) (Lightsail: pp. 1/6) as a volume (i.e., special block access object) in an industry standard file system such as NTFS (Lightsail: pp. 5/6). Claim 11 recites “An apparatus according to claim 1, wherein the file system management section is configured to create the special block access object with associated object metadata.” The SCSI target module of Pawlowski translates between LUNs and vdisks [0013]. It transposes a SCSI request into a message representing a file system operation, together with metadata such as the type of operation (e.g., read or write), a pathname and a file name of the vdisk object (i.e., special block access object) [0062]. Claim 12 recites “An apparatus according to claim 11, wherein the object metadata of the special block access object is indicative of a block access type of the special block access object; and/or the object metadata of the special block access object is indicative of a unique object number reserved for objects of a block access type.” The SCSI target module of Pawlowski translates between LUNs (i.e., unique object number) and vdisks [0013]. It transposes a SCSI request into a message representing a file system operation, together with metadata such as the type of operation (i.e., block access type), a pathname and a file name of the vdisk object (i.e., special block access object) [0062]. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Pawlowski as applied to claim 1 above, in view of Lightsail and Kolishchak, and further in view of Shilane et al. US patent 8,631,052 [herein “Shilane”]. Claim 8 recites “An apparatus according to claim 1, wherein each object of the object-based file system is associated with one or more respective storage blocks of a block level layer, and the file system management section includes a deduplication process section configured to perform a deduplication process at the block level layer, including calculating hash values of respective storage blocks of the block level layer and deduplicating storage blocks based on matching hash values, wherein the external application is a dedupe index application configured to create and/or update a dedupe index based on hash values shared by the deduplication process section via inter-process communication, and wherein the file system management section is configured to provide the special block access object of the object-based file system for write access by the dedupe index application to write into a dedupe index file or dedupe index database stored in the special block access object.” The block-based protocol of Pawlowski supports access to blocks using the SCSI I/O (i.e., read/write) interface on the block storage device (i.e., special block access object) attached to the storage appliance [0027]. The network adapter couples (i.e., inter-process communication) the storage appliance with a plurality of clients (i.e., dedupe index application) locally or remotely [0024]. Pawlowski and Lightsail teach claim 1, but do not disclose this claim; however, Shilane teaches a deduplicated storage system where files are partitioned into one or more chunks (i.e., blocks), and a fingerprint (i.e., hash value) is generated for each chunk. Unique chunks are stored in chunk storage (i.e., block level layer), whereas fingerprints are added to an index (i.e., dedupe index file/database). A file has a recipe for reconstruction, which consists of a list of fingerprints and metadata about unique chunks (Shilane: 1:40-52). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Shilane to Pawlowski and Lightsail. One having ordinary skill in the art would have found motivation to incorporate the deduplicated storage system of Shilane, whose chunk storage is provided by block storage devices of Lightsail using the multi-protocol storage appliance of Pawlowski. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example, Lange et al. US patent application 2019/0251256 teaches privileged execution to maintain clear separation of code access between system and user modes. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHELLY X. QIAN whose telephone number is (408)918-7599. The examiner can normally be reached Monday - Friday 8-5 PT. 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, Boris Gorney can be reached at (571)270-5626. 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. /BORIS GORNEY/Supervisory Patent Examiner, Art Unit 2154 /SHELLY X QIAN/Examiner, Art Unit 2154
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Prosecution Timeline

Oct 21, 2021
Application Filed
Aug 20, 2023
Non-Final Rejection — §103, §112
Nov 20, 2023
Response Filed
Dec 29, 2023
Final Rejection — §103, §112
Feb 29, 2024
Request for Continued Examination
Mar 05, 2024
Response after Non-Final Action
Apr 23, 2024
Non-Final Rejection — §103, §112
Aug 16, 2024
Response Filed
Oct 22, 2024
Applicant Interview (Telephonic)
Oct 28, 2024
Final Rejection — §103, §112
Oct 30, 2024
Examiner Interview Summary
Nov 12, 2024
Response after Non-Final Action
Dec 18, 2024
Response after Non-Final Action
Dec 18, 2024
Applicant Interview (Telephonic)
Jan 17, 2025
Request for Continued Examination
Jan 24, 2025
Response after Non-Final Action
Mar 19, 2025
Non-Final Rejection — §103, §112
Jul 14, 2025
Response Filed
Aug 07, 2025
Final Rejection — §103, §112
Nov 10, 2025
Response after Non-Final Action
Nov 10, 2025
Notice of Allowance
Nov 18, 2025
Response after Non-Final Action
Jan 13, 2026
Non-Final Rejection — §103, §112 (current)

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

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Prosecution Projections

7-8
Expected OA Rounds
37%
Grant Probability
57%
With Interview (+19.4%)
3y 11m
Median Time to Grant
High
PTA Risk
Based on 126 resolved cases by this examiner. Grant probability derived from career allow rate.

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