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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/26/2026 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5, 8-12, and 16-19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Havemose (11099950) in views of Havemose (9996399), Persaud et al (2013/0042106) and Ngan et al (2006/0090097).
For claim 1, Havemose’950 teaches a method for data management (abstract), comprising: receiving, at a host environment from a backup system, a request to execute a backup procedure for backing up a host data store of the host environment (Havemose’950 teaches that a system for providing replica consistency between a primary application and one or more backup applications, the system including one or more memory locations configured to store the primary application executing for a host with a host operating system as Havemose’950 teaches on col.7, lines 58-65); executing, in response to receiving the request, the backup procedure for backing up the host data store using a database backup utility (Havemose’950 teaches an interception layer for the primary application intercepting calls to the host operating system and to shared libraries and generating replication messages based on said intercepted calls, a messaging engine for the primary application sending said replication messages to the one or more backup applications, and one or more additional memory locations are configured to store the one or more backup applications executing for one or more hosts each with a corresponding host operating system as Havemose’950 teaches in col.7, lines 60-68 to col.8, lines 1-5); and communicating, using the library, backup data, wherein the backup data is communicated between the host environment and the backup system (Havemose’950 teaches that one or more additional messaging engines for each backup application receiving said replication messages from the primary application, and backup interception layers corresponding to each backup intercepting call to the operating system and shared libraries. The ordering information is retrieved from the one or more additional messaging engines for each backup application, and each replication message contains at least the process ID, thread ID and a sequence number, and replica consistency is provided by imposing the same call ordering on backup applications as on the primary application as Havemose’950 teaches in col.8, lines 5-18).
Havemose’950 fails to teach wherein the request comprises a script operable to perform the backup procedure, preloading, in response to receiving the request and in accordance with the script, a library configured to intercept backup communication traffic at the host environment, wherein the library is preloaded prior to loading one or more other libraries, intercepting, using the preloaded library, input/output operations performed by the database backup utility during execution of the backup procedure; and communicating, using preloading library and via a cryptographic security protocol, backup data from the intercepted input/output operations.
Havemose’399 teaches, similar system, preloading, in response to receiving the request, a library configured to intercept backup communication traffic at the host environment (Havemose’399 teaches an interception layer interposed between the individual applications and the operating system and an interception database and the application live migration is provided in s shared library pre-loaded into each application during loading and initialization of the application as Havemose’399 teaches in col.4, lines 15-28 and col.23, lines 50-68), intercepting, using the preloaded library, input/output operations performed by the database backup utility during execution of the backup procedure (Havemose’399 teaches the interception layers 16, 18 combined with the Interception database 28 provides application isolation 24. The checkpointer libraries 17,19 together with the interception layers 16,18 provide live migration. System resources, such as CPUs 36, I/O devices 34, Network interfaces 32 and storage 30 are accessed using the operating system as Havemose’399 teaches in col.8, lines 1-20), communicating, using preloading library and Havemose’399 teaches that the interception layer is implemented as a shared library and pre-loaded into each application process' address space as part of loading the application, the individual application process interception layers communicate with the application interception layer using sockets, TCP/IP, pipes or other inter-process communication (IPC) as Havemose’399 teaches in col.13, lines 8-35, col.15, lines40-50, col.16, lines 5-20, and col.23, lines 50-68) . It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950 to include preloading as taught and suggested by Havemose’399 for the purpose of achieving application isolation and application live migration for single and multi-process applications and their associated resources (Havemose’399, col.4, lines 10-12). Havemose’950, as modified by Havemose’399, does not explicitly teach of communicating, using files and via a cryptographic security protocol, data.
Persaud teaches communicating, using files and via a cryptographic security protocol, with backup data (Persaud teaches of communicating secure router 15(1) use cryptographic algorithms to convert data file 50 into an encrypted object 55 that, as described further below, includes the encrypted data and other information and Data at rest may include archived data or reference files, data files stored on hard drives, files on backup medium, files stored in a storage area network (SAN). Further teaches data in motion (i.e., data that is traversing a network) is secured using the Transport Layer Security (TLS) protocol, the Secure Sockets Layer (SSL) protocol, etc as Persaud teaches in par.16 and 17). It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950, as modified by Havemose’399, to include cryptographic security protocol as taught and suggested by Persaud for the purpose of securing data file while at rest in cloud storage, and generating a unique random key per data file, and secures the file using this key (Persaud, par.17).
Ngan teaches, similar system, wherein the request comprises a script operable to perform the backup procedure (Ngan teaches that Launching the application in accord with the standard Linux START/RESTART/STOP launch and termination scripts as Ngan teaches in par.124), in accordance with the script (par.124) and wherein the library is preloaded prior to loading one or more other libraries (Ngan teaches that the invention ensures that the HA libraries are available and loaded prior to application launch. This is achieved for example, by utilizing the preload capabilities of the system loader as Ngan teaches in par.79). It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950, as modified by Havemose’399, to include a script operable to perform the backup procedure as taught and suggested by Ngan for the purpose of ensuring that the registration and un-registration is handled automatically every time an application is loaded, and ensuring that the HA libraries are available and loaded prior to application launch (Persaud, par.17).
For claims 2, 9, and 16, Havemose’950, as modified by Havemose’399 and Persaud and Ngan, teaches all the limitation as previously set forth except for wherein communicating the backup data comprises: transmitting, using a router service of the host environment that receives the backup data from a file system facility that preloads the library, the backup data to the backup system using the cryptographic security protocol that encrypts the backup data.
Persaud teaches, similar system, wherein communicating the backup data comprises: transmitting, using a router service of the host environment that receives the backup data from a file system facility that preloads the library, the backup data to the backup system using the cryptographic security protocol that encrypts the backup data (Persaud, par.16 and 17). It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950, as modified by Havemose’399, to include router service and cryptographic security protocol as taught and suggested by Persaud for the purpose of securing data file while at rest in cloud storage, and generating a unique random key per data file, and secures the file using this key (Persaud, par.17).
For claims 3, 10, and 17, Havemose’950, as modified by Havemose’399 and Persaud and Ngan, teaches all the limitation as previously set forth except for wherein the cryptographic security protocol is transport layer security.
Persaud further teaches wherein the cryptographic security protocol is transport layer security (Persaud, par.16 and 17). It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950, as modified by Havemose’399, to include router service and cryptographic security protocol as taught and suggested by Persaud for the purpose of securing data file while at rest in cloud storage, and generating a unique random key per data file, and secures the file using this key (Persaud, par.17).
For claims 4, 11 and 18, Havemose’950 in views of Havemose’399 and Persaud and Ngan, fails to teach wherein preloading the library comprises: executing, in response to receiving the request, a backup script using a preload facility of the host environment that preloads the library configured to intercept the backup communication traffic.
Havemose’399 further teaches that wherein preloading the library comprises: executing, in response to receiving the request, a backup script using a preload facility of the host environment that preloads the library configured to intercept the backup communication traffic (Havemose’399, col.13, lines 35-50). It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950 to include preloading as taught and suggested by Havemose’399 for the purpose of achieving application isolation and application live migration for single and multi-process applications and their associated resources (Havemose’399, col.4, lines 10-12).
For claims 5, 12 and 19, Havemose’950 in views of Havemose’399 and Persaud and Ngan, fails to teach wherein communicating the backup data comprise: identifying the backup data from the intercepted input/output operations, wherein the identified backup data is communicated to the backup system.
Havemose’399 further teaches wherein communicating the backup data comprise: identifying the backup data from the intercepted input/output operations, wherein the identified backup data is communicated to the backup system (Havemose’399, col.8, lines 1-20 and col.23, lines 50-68). It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950 to include preloading with input/output operations as taught and suggested by Havemose’399 for the purpose of achieving application isolation and application live migration for single and multi-process applications and their associated resources (Havemose’399, col.4, lines 10-12).
For claim 8, Havemose’950 teaches An apparatus for data management (abstract), comprising: a processor; memory coupled with the processor (col.5, lines 9-13); and instructions stored in the memory and executable by the processor to cause the apparatus (col.7, lines 58-60) to: receive, at a host environment from a backup system, a request to execute a backup procedure for backing up a host data store of the host environment (Havemose’950 teaches that a system for providing replica consistency between a primary application and one or more backup applications, the system including one or more memory locations configured to store the primary application executing for a host with a host operating system as Havemose’950 teaches on col.7, lines 58-65); execute, in response to receiving the request, the backup procedure for backing up the host data store using a database backup utility (Havemose’950 teaches an interception layer for the primary application intercepting calls to the host operating system and to shared libraries and generating replication messages based on said intercepted calls, a messaging engine for the primary application sending said replication messages to the one or more backup applications, and one or more additional memory locations are configured to store the one or more backup applications executing for one or more hosts each with a corresponding host operating system as Havemose’950 teaches in col.7, lines 60-68 to col.8, lines 1-5); and communicate, using the library, backup data, wherein the backup data is communicated between the host environment and the backup system (Havemose’950 teaches that one or more additional messaging engines for each backup application receiving said replication messages from the primary application, and backup interception layers corresponding to each backup intercepting call to the operating system and shared libraries. The ordering information is retrieved from the one or more additional messaging engines for each backup application, and each replication message contains at least the process ID, thread ID and a sequence number, and replica consistency is provided by imposing the same call ordering on backup applications as on the primary application as Havemose’950 teaches in col.8, lines 5-18).
Havemose’950 fails to teach wherein the request comprises a script operable to perform the backup procedure, preload, in response to receiving the request in accordance with the script, a library configured to intercept backup communication traffic at the host environment, wherein the library is preloaded prior to loading one or more other libraries, intercept, using the preloaded library, input/output operations performed by the database backup utility during execution of the backup procedure; and communicate, using preloading library and via a cryptographic security protocol, backup data from the intercepted input/output operations.
Havemose’399 teaches, similar system, preload, in response to receiving the request, a library configured to intercept backup communication traffic at the host environment (Havemose’399 teaches an interception layer interposed between the individual applications and the operating system and an interception database and the application live migration is provided in s shared library pre-loaded into each application during loading and initialization of the application as Havemose’399 teaches in col.4, lines 15-28 and col.23, lines 50-68), intercept, using the preloaded library, input/output operations performed by the database backup utility during execution of the backup procedure (Havemose’399 teaches the interception layers 16, 18 combined with the Interception database 28 provides application isolation 24. The checkpointer libraries 17,19 together with the interception layers 16,18 provide live migration. System resources, such as CPUs 36, I/O devices 34, Network interfaces 32 and storage 30 are accessed using the operating system as Havemose’399 teaches in col.8, lines 1-20), communicate, using preloading library and Havemose’399 teaches that the interception layer is implemented as a shared library and pre-loaded into each application process' address space as part of loading the application, the individual application process interception layers communicate with the application interception layer using sockets, TCP/IP, pipes or other inter-process communication (IPC) as Havemose’399 teaches in col.13, lines 8-35, col.15, lines40-50, col.16, lines 5-20, and col.23, lines 50-68) . It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950 to include preloading as taught and suggested by Havemose’399 for the purpose of achieving application isolation and application live migration for single and multi-process applications and their associated resources (Havemose’399, col.4, lines 10-12). Havemose’950, as modified by Havemose’399, does not explicitly teach of communicating, using files and via a cryptographic security protocol, data.
Persaud teaches communicate, using files and via a cryptographic security protocol, with backup data (Persaud teaches of communicating secure router 15(1) use cryptographic algorithms to convert data file 50 into an encrypted object 55 that, as described further below, includes the encrypted data and other information and Data at rest may include archived data or reference files, data files stored on hard drives, files on backup medium, files stored in a storage area network (SAN). Further teaches data in motion (i.e., data that is traversing a network) is secured using the Transport Layer Security (TLS) protocol, the Secure Sockets Layer (SSL) protocol, etc as Persaud teaches in par.16 and 17). It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950, as modified by Havemose’399, to include cryptographic security protocol as taught and suggested by Persaud for the purpose of securing data file while at rest in cloud storage, and generating a unique random key per data file, and secures the file using this key (Persaud, par.17).
Ngan teaches, similar system, wherein the request comprises a script operable to perform the backup procedure (Ngan teaches that Launching the application in accord with the standard Linux START/RESTART/STOP launch and termination scripts as Ngan teaches in par.124), in accordance with the script (par.124) and wherein the library is preloaded prior to loading one or more other libraries (Ngan teaches that the invention ensures that the HA libraries are available and loaded prior to application launch. This is achieved for example, by utilizing the preload capabilities of the system loader as Ngan teaches in par.79). It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950, as modified by Havemose’399, to include a script operable to perform the backup procedure as taught and suggested by Ngan for the purpose of ensuring that the registration and un-registration is handled automatically every time an application is loaded, and ensuring that the HA libraries are available and loaded prior to application launch (Persaud, par.17).
For claim 15, Havemose’950 teaches A non-transitory computer-readable medium storing code for data management (abstract), the code comprising instructions executable by a processor to: receive, at a host environment from a backup system, a request to execute a backup procedure for backing up a host data store of the host environment (Havemose’950 teaches that a system for providing replica consistency between a primary application and one or more backup applications, the system including one or more memory locations configured to store the primary application executing for a host with a host operating system as Havemose’950 teaches on col.7, lines 58-65); execute, in response to receiving the request, the backup procedure for backing up the host data store using a database backup utility (Havemose’950 teaches an interception layer for the primary application intercepting calls to the host operating system and to shared libraries and generating replication messages based on said intercepted calls, a messaging engine for the primary application sending said replication messages to the one or more backup applications, and one or more additional memory locations are configured to store the one or more backup applications executing for one or more hosts each with a corresponding host operating system as Havemose’950 teaches in col.7, lines 60-68 to col.8, lines 1-5); and communicate, using the library, backup data, wherein the backup data is communicated between the host environment and the backup system (Havemose’950 teaches that one or more additional messaging engines for each backup application receiving said replication messages from the primary application, and backup interception layers corresponding to each backup intercepting call to the operating system and shared libraries. The ordering information is retrieved from the one or more additional messaging engines for each backup application, and each replication message contains at least the process ID, thread ID and a sequence number, and replica consistency is provided by imposing the same call ordering on backup applications as on the primary application as Havemose’950 teaches in col.8, lines 5-18).
Havemose’950 fails to teach wherein the request comprises a script operable to perform the backup procedure, preload, in response to receiving the request in accordance with the script, a library configured to intercept backup communication traffic at the host environment, wherein the library is preloaded prior to loading one or more other librarie, intercept, using the preloaded library, input/output operations performed by the database backup utility during execution of the backup procedure; and communicate, using preloading library and via a cryptographic security protocol, backup data from the intercepted input/output operations.
Havemose’399 teaches, similar system, preload, in response to receiving the request, a library configured to intercept backup communication traffic at the host environment (Havemose’399 teaches an interception layer interposed between the individual applications and the operating system and an interception database and the application live migration is provided in s shared library pre-loaded into each application during loading and initialization of the application as Havemose’399 teaches in col.4, lines 15-28 and col.23, lines 50-68), intercept, using the preloaded library, input/output operations performed by the database backup utility during execution of the backup procedure (Havemose’399 teaches the interception layers 16, 18 combined with the Interception database 28 provides application isolation 24. The checkpointer libraries 17,19 together with the interception layers 16,18 provide live migration. System resources, such as CPUs 36, I/O devices 34, Network interfaces 32 and storage 30 are accessed using the operating system as Havemose’399 teaches in col.8, lines 1-20), communicate, using preloading library and Havemose’399 teaches that the interception layer is implemented as a shared library and pre-loaded into each application process' address space as part of loading the application, the individual application process interception layers communicate with the application interception layer using sockets, TCP/IP, pipes or other inter-process communication (IPC) as Havemose’399 teaches in col.13, lines 8-35, col.15, lines40-50, col.16, lines 5-20, and col.23, lines 50-68) . It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950 to include preloading as taught and suggested by Havemose’399 for the purpose of achieving application isolation and application live migration for single and multi-process applications and their associated resources (Havemose’399, col.4, lines 10-12). Havemose’950, as modified by Havemose’399, does not explicitly teach of communicating, using files and via a cryptographic security protocol, data.
Persaud teaches communicate, using files and via a cryptographic security protocol, with backup data (Persaud teaches of communicating secure router 15(1) use cryptographic algorithms to convert data file 50 into an encrypted object 55 that, as described further below, includes the encrypted data and other information and Data at rest may include archived data or reference files, data files stored on hard drives, files on backup medium, files stored in a storage area network (SAN), etc as Persaud teaches in par.16 and 17). It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950, as modified by Havemose’399, to include cryptographic security protocol as taught and suggested by Persaud for the purpose of securing data file while at rest in cloud storage, and generating a unique random key per data file, and secures the file using this key (Persaud, par.17).
Ngan teaches, similar system, wherein the request comprises a script operable to perform the backup procedure (Ngan teaches that Launching the application in accord with the standard Linux START/RESTART/STOP launch and termination scripts as Ngan teaches in par.124), in accordance with the script (par.124) and wherein the library is preloaded prior to loading one or more other libraries (Ngan teaches that the invention ensures that the HA libraries are available and loaded prior to application launch. This is achieved for example, by utilizing the preload capabilities of the system loader as Ngan teaches in par.79). It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950, as modified by Havemose’399, to include a script operable to perform the backup procedure as taught and suggested by Ngan for the purpose of ensuring that the registration and un-registration is handled automatically every time an application is loaded, and ensuring that the HA libraries are available and loaded prior to application launch (Persaud, par.17).
For claim 21, Havemose’950 in views of Havemose’399 and Persaud and Ngan, fails to teach wherein the library is preloaded using a preload facility of an operating system of the host environment by setting a parameter of the operating system to a path for the library, and wherein the library receives input/output operations before the backup data in communicated to the one or more libraries.
Havemose’399 further teaches that wherein the library is preloaded using a preload facility of an operating system of the host environment by setting a parameter of the operating system to a path for the library, and wherein the library receives input/output operations before the backup data in communicated to the one or more libraries (col.13, lines 8-35, col.15, lines40-50, col.16, lines 5-20, and col.23, lines 50-68). It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950 to include preloading as taught and suggested by Havemose’399 for the purpose of achieving application isolation and application live migration for single and multi-process applications and their associated resources (Havemose’399, col.4, lines 10-12).
Claim(s) 6, 13 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Havemose (11099950) in views of Havemose (9996399), Persaud et al (2013/0042106) and Ngan et al (2006/0090097)as applied to claims above, and further in view of Zakharkin et al (2022/0137885).
For claims 6, 13, and 20, Havemose’950, as modified by Havemose’399 and Persaud and Ngan, teaches all the limitation as previously set forth except for cataloging, based at least in part on using library, metadata associated with the backup procedure in the host data store of the host environment.
Zakharkin teaches, similar system, cataloging, based at least in part on using library, metadata associated with the backup procedure in the host data store of the host environment (Zakharkin, par.189 and 190). It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950, as modified by Havemose’399 and Persaud, to include cataloging metadata associated as taught and suggested by Zakharkin for the purpose of organizing and catalogues the results into a content index, which may be stored within media agent database and to facilitate searches of stored data objects (Zakharkin, par.189).
Claim(s) 7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Havemose (11099950) in views of Havemose (9996399), Persaud et al (2013/0042106) and Ngan et al (2006/0090097)as applied to claims above, and further in view of Smith et al (2021/0304448).
For claims 7 and 14, Havemose’950, as modified by Havemose’399 and Persaud and Ngan, teaches all the limitation as previously set forth except for identifying using the prelaoded library, unused data blocks of the host data store; and; and determining to refrain from communicating the unused data blocks based at least in part on identifying the unused data using the preloaded library.
Smith teaches, similar system, identifying using the prelaoded library, unused data blocks of the host data store; and; and determining to refrain from communicating the unused data blocks based at least in part on identifying the unused data using the preloaded library (Smith teaches that the control system 102 may then store the additional tiles received from the database 104 in the preloader 103. In some embodiments, the control system 102 may discard unused tiles of high quality image data present in the preloader 103 before storing the additional tiles in the preloader as Smith teaches in par.48). It would have been obvious to one ordinary skill in the art before effective filling date to modify Havemose’950, as modified by Havemose’399 and Persaud, to include refrain from backing up the unused data blocks as taught and suggested by Smith in order to continually reduce and optimize the amount of computing resources that the imaging system 100 uses to provide the user with a seamless experience of the VR/AR/MR environment based on user input indicative of a desired direction of user navigation through the VR/AR/MR environment (Smith, par.49).
Response to Amendments/Arguments
Applicant’s arguments with respect to claim(s) 1-19 and 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The applicant’s arguments regarding new amendment limitations in claims 1, 8 and 15, has been considered but is moot, because the examiner applied new art, Ngan et al (2006/0090097), that covers newly claimed limitation.
The applicant’s arguments regarding new amendment limitations in claims 7 and 14, has been considered but is moot, because the examiner applied new art, Smith et al (2021/0304448), that covers newly claimed limitation.
Regarding dependent claims arguments, said arguments are moot because the applied references are not considered to have alleged differences, and therefore are considered to properly show that for which they were cited.
Conclusion
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/AYUB A MAYE/Examiner, Art Unit 2436
/AMIE C. LIN/Primary Examiner, Art Unit 2436