DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. Claims 1-20 are presented for examination.
Response to Arguments
3. Applicant’s argument filed on 02/04/2026 with respect claims 1, 8, and 15 have been fully considered but they are not persuasive.
Applicant contends that the amendments to independent claims 1, 8, 15 overcome the nonstatutory double patenting rejection.
Examiner respectfully disagrees because still the claims 1, 8, and 15 of the present application are substantially equivalent to claims 1, 8, and 15 of the patent application 11,967,342 B2 because both applications contain substantially the same limitations performing the same function, it would have been obvious to one of ordinary skill in the art that the instant application can include the feature of “a plurality of tracks of a tape included in a tape cartridge of a tape drive" since the tape drive is used to store data on magnetic tape cartridges. Therefore, the maintains the double patenting rejection since there is no terminal disclaimer has been filed and/or claims not amended in such a way to overcome the double patenting rejection.
Information Disclosure Statement
4. The references listed in the information disclosure statement (IDS) submitted on 11/11/2025 have been considered. The submission complies with the provisions of 37 CFR 1.97. Form PTO- 1449 is signed and attached hereto.
Double Patenting
5. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
6. Claims 1, 8, and 15 non-provisionally rejected on the ground of nonstatutory double patenting anticipatory type as being unpatentable over claims 1, 8, and 15 respectively of U.S patent No: 11,967,342 B2 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 8, and 15 of the present application are substantially equivalent to claims 1, 8, and 15 of the reference application as shown in the chart and explanation below.
Instant Application No. 17/944,737
U.S. Patent No. 11,967,342 B2
Claim 1:
A method, comprising: generating, for a plurality of tracks of a tape included in a tape cartridge of a tape drive, a header information in a plurality of symbols, wherein the plurality of symbols is comprised of a first set of symbols and a second set of symbols,
wherein the first set of symbols include identical information across all tracks of the plurality of tracks, and wherein the second set of symbols are configurable to include different information across all tracks of the plurality of tracks;
and modifying, for writing to the tape of the tape drive, the first set of symbols of the plurality of tracks to include parity information corresponding to information included in the second set of symbols of the plurality of tracks.
Claim 1:
A method, comprising: receiving encoded header information stored on a tape of a tape drive, wherein the encoded header information has been generated by: generating, for a plurality of tracks of the tape of the tape drive, a header information in a plurality of symbols, wherein the plurality of symbols is comprised of a first set of symbols and a second set of symbols,
wherein the first set of symbols include identical information across all tracks of the plurality of tracks, and wherein the second set of symbols are configurable to include different information across all tracks of the plurality of tracks;
and modifying, for writing to the tape of the tape drive, the first set of symbols of the plurality of tracks to include parity information corresponding to information included in the second set of symbols of the plurality of tracks; and decoding the received encoded header information.
Claim 8:
A tape drive, comprising: a controller; and a tape head coupled to the controller, wherein the controller is configured to perform operations, the operations comprising:
generating, for a plurality of tracks of a tape of included in a tape cartridge a tape drive, a header information in a plurality of symbols, wherein the plurality of symbols is comprised of a first set of symbols and a second set of symbols, wherein the first set of symbols include identical information across all tracks of the plurality of tracks, and wherein the second set of symbols are configurable to include different information across all tracks of the plurality of tracks;
and modifying, for writing to the tape of the tape drive, the first set of symbols of the plurality of tracks to include parity information corresponding to information included in the second set of symbols of the plurality of tracks.
Claim 8:
A tape drive, comprising: a controller; and a tape head coupled to the controller, wherein the controller is configured to perform operations, the operations comprising: receiving encoded header information stored on a tape of a tape drive, wherein the encoded header information has been generated by:
generating, for a plurality of tracks of the tape of the tape drive, a header information in a plurality of symbols, wherein the plurality of symbols is comprised of a first set of symbols and a second set of symbols, wherein the first set of symbols include identical information across all tracks of the plurality of tracks, and wherein the second set of symbols are configurable to include different information across all tracks of the plurality of tracks;
and modifying, for writing to the tape of the tape drive, the first set of symbols of the plurality of tracks to include parity information corresponding to information included in the second set of symbols of the plurality of tracks; and decoding the received encoded header information.
Claim 15:
A computer program product, the computer program product comprising a computer readable storage medium having computer readable program code embodied therewith, the computer readable program code configured to perform operations in a device, the operations comprising:
generating, for a plurality of tracks of a tape of included in a tape cartridge a tape drive, a header information in a plurality of symbols, wherein the plurality of symbols is comprised of a first set of symbols and a second set of symbols, wherein the first set of symbols include identical information across all tracks of the plurality of tracks, and wherein the second set of symbols are configurable to include different information across all tracks of the plurality of tracks;
and modifying, for writing to the tape of the tape drive, the first set of symbols of the plurality of tracks to include parity information corresponding to information included in the second set of symbols of the plurality of tracks.
Claim 15:
A computer program product, the computer program product comprising a computer readable storage medium having computer readable program code embodied therewith, the computer readable program code configured to perform operations in a device, the operations comprising:
receiving encoded header information stored on a tape of a tape drive, wherein the encoded header information has been generated by:
generating, for a plurality of tracks of the tape of the tape drive, a header information in a plurality of symbols, wherein the plurality of symbols is comprised of a first set of symbols and a second set of symbols, wherein the first set of symbols include identical information across all tracks of the plurality of tracks, and wherein the second set of symbols are configurable to include different information across all tracks of the plurality of tracks;
and modifying, for writing to the tape of the tape drive, the first set of symbols of the plurality of tracks to include parity information corresponding to information included in the second set of symbols of the plurality of tracks; and decoding the received encoded header information
From the table above, claims 1, 8, and 15 of the reference application contain every limitation of claims 1, 8, and 15 of the instant application except the feature of “a plurality of tracks of a tape included in a tape cartridge of a tape drive.” However, it would have been obvious to one of ordinary skill in the art that the instant application can include the feature of “a plurality of tracks of a tape included in a tape cartridge of a tape drive" since the tape drive is used to store data on magnetic tape cartridges that can be sequentially read or written using tape drives.
This modification would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, because one of ordinary skill in the art would have recognized the tape cartridge of a tape drive would have improved the performance of tape drive system. Thus, claims 1, 8, and 15 of the present application are not patentably distinct over the patent application because both applications contain substantially the same limitations performing the same function. This is a non-provisional nonstatutory double patenting rejection because the patentably indistinct claims have been patented.
Allowable Subject Matter
7. Claims 1-20 will be allowed once the double patenting rejection is overcome. See the examiner’s statement of reasons for allowance in the Final action dated on 11/04/2025.
Examiner Notes
8. When amending the claims, applicants are respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Prior Art
9. The prior art of record, considered pertinent to the applicant’s disclosure, is listed in the attached PTO-892 form.
Conclusion
10. THIS ACTION IS MADE FINAL; Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSMAN ALSHACK whose telephone number is (571)272-2069.
The examiner can normally be reached on MON-FRI 8:30 AM-5:00 PM EST, also please fax interview request to (571) 273- 2069.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALBERT DECADY can be reached on 5712723819. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OSMAN ALSHACK/
Examiner, Art Unit 2112
/ALBERT DECADY/Supervisory Patent Examiner, Art Unit 2112
Prosecution Insights