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 .
Remarks
In response to communication files on November 12, 2025, claims 1-20 are presently pending in the application.
Double Patenting
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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11/573922. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim the same invention with very little differences.
App 18/097218
Pat. 11/573922
1. A method comprising::
1. A method for data management, comprising:
instructing a compute infrastructure to take a second snapshot of a machine of the compute infrastructure after a first snapshot of the machine;
transmitting, from a data management system (DMS) to a compute infrastructure, signaling that instructs the compute infrastructure to take a snapshot of a fileset of the compute infrastructure
determining a subset of data blocks of the machine to transfer to a data management system (DMS) for backup of the second snapshot based at least in part on tracking data generated during a tracking session, wherein the tracking data indicates that the subset of data blocks were write accessed during the tracking session, and wherein the tracking session is initiated prior to the compute infrastructure taking the first snapshot and ends in response to the compute infrastructure taking the second snapshot; and
receiving, at the DMS from the compute infrastructure, tracking data generated during a tracking session to track which data blocks of the fileset are write accessed during the tracking session, wherein the tracking data indicates which data blocks of the fileset were write accessed during the tracking session, and wherein the tracking session begins before the compute infrastructure took a snapshot of the fileset previous to the snapshot and ends in response to the compute infrastructure taking the snapshot; and
causing the transfer of the subset of data blocks to the DMS from the compute infrastructure based at least in part on the determination.
determining, based at least in part on the generated tracking data whether to transfer the indicated data blocks from the compute infrastructure to the DMS for backup of the snapshot.
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.
Claims 1-2, 12-13 and 20 are rejected under 35 U.S.C 103 as being anticipated Sim-Tang (US Pub 2010/0198788) (Eff filing date of app: 01/29/2010) in view of Bushman (US Pat. 8,832,027) (Eff filing date of app: 3/28/2014) and further in view of Natanzon et al. (US 8,694,700 B1, hereinafter Natanzon) .
Regarding independent claim(s) 1, 12, and 20, Sim-Tang discloses a method comprising:
instructing a compute infrastructure to initiate a tracking session to generate tracking data associated with data blocks of a machine, wherein the tracking data indicates one or more data blocks that are write accessed during the tracking session (see p. 10, 28, “As illustrated, a "host driver" 128 is associated with one or more of the application(s) running in the application servers 116 to transparently and efficiently capture the real-time, continuous history of all (or substantially all) transactions and changes to data associated with such application(s) across the enterprise network. As will be described below, the present invention facilitates real-time, so-called "application aware" protection, with substantially no data loss, to provide continuous data protection and other data services including, without limitation, data distribution, data replication, data copy, data access, and the like.”, 19, and 59, “MS provides significant advantages over the prior art. Unlike a conventional data protection system the data protection service provided by DMS is automated, real-time, and continuous, and it exhibits no or substantially no downtime. This is because DMS is keeping track of the real-time data history, and because preferably the state of the most current data in a DMS region, cluster or node (as the case may be) must match the state of the data in the original host server at all times.”); and
determining a subset of data blocks of the machine to transfer to DMS a data management system (DMS) (see p. 8, Data management system) for backup of the second snapshot based at least in part on the tracking data generated during the tracking session (see p. 61-62, “The present invention overcomes these and other problems of the prior art by providing real-time data management services. As has been described, the invention transparently and efficiently captures the real-time continuous history of all or substantially all transactions and data changes in the enterprise.”).
Sim-Tag does not expressly teach instructing, after initiating the tracking session, the compute infrastructure to take a first snapshot of a machine of the compute infrastructure;
instructing the compute infrastructure to take a second snapshot of the machine of the compute infrastructure after the first snapshot of the machine; and
wherein the tracking data indicates that the subset of data blocks were write accessed during the tracking session, and wherein the tracking session ends in response to the compute infrastructure taking the second snapshot.
Bushman teaches change tracking between snapshots of a source storage, see abstract, in which he teaches instructing, after initiating the tracking session, the compute infrastructure to take a first snapshot of a machine of the compute infrastructure (see abstract and fig. 3, “at time t(1), starting tracking, in a change log, l... The method further includes, at time t(3), creating a first snapshot of the source storage.”);
instructing the compute infrastructure to take a second snapshot of the machine of the compute infrastructure after the first snapshot of the machine (see abstract and fig. 3, “at time t(8), creating a second snapshot of the source storage”), and wherein the tracking data indicates that the subset of data blocks were write accessed during the tracking session (see fig. 3, character IB(1) stop tracking after the second snapshot).
It would have been obvious to a person having ordinary skill in the
art at the time the invention was made to have modified Sim-Tang by the teaching of Bushman, because instructing… would enable the method “to tracking changes to a source storage between snapshots of the source storage for the purpose of creating an incremental backup of the source storage.” See col. 1,. Ln 18-20.
Sim-Tag does not expressly teach causing the transfer of the subset of data blocks to the DMS from the compute infrastructure based at least in part on the determination.
In the same field of endeavor, Natanzon discloses causing the transfer of the subset of data blocks to the DMS from the compute infrastructure based at least in part on the determination (between each host computer and its corresponding storage system may be any appropriate medium suitable for data transfer, Col. 5 lines 55-60. A delta marker stream contains the locations that may be different between the latest I/O data (determination), Col. 18 lines 60-67. System 120 serves as a backup for source side storage system, Col. 6 lines 10-15).
It would have been obvious to a person of ordinarily skill in the art before the effective filing date of the claimed invention to modify the DMV systems of Sim-Tang in order to have incorporated the tracking session, as disclosed by Natanzon, since both of these are directed to data protection systems include tape backup drives, for storing organizational production site data on a periodic basis. incorporating the teachings of Natanzon into Sim-tang would produce key benefits of using sessions, to store user-specific data on the server. The sever uses session to keep track of what a user has done and session management is therefore used to ensure secure interactions, as disclosed by Natanzon, (see Background).
Regarding dependent claims 2 and 13, the combination of Sim-Tang and Natanzon discloses the method as in claim 1. However, Sim-Tang does not appear to specifically disclose wherein determining the subset of data blocks to transfer to the DMS comprises: determining that data blocks of the subset of data blocks were write accessed during the tracking session based at least in part on the tracking data, wherein the subset of data blocks are transferred based at least in part on being write accessed during the tracking session.
In the same field of endeavor, Natanzon discloses wherein determining the subset of data blocks to transfer to the DMS comprises (between each host computer and its corresponding storage system may be any appropriate medium suitable for data transfer, Col. 5 lines 55-60. A delta marker stream contains the locations that may be different between the latest I/O data, Col. 18 lines 60-67. Note: The examiner interprets the claim limitation as disclosed here, data being transferred to the corresponding storage system and delta is the change or the difference between the transferred data.): determining that data blocks of the subset of data blocks were write accessed during the tracking session based at least in part on the tracking data (between each host computer and its corresponding storage system may be any appropriate medium suitable for data transfer, Col. 5 lines 55-60. The 65 host 104' sends a host write command (HOST WRITE CMD) to the splitter 1702. The splitter 1702 sends a track write command (TRACK WRITE CMD) (i.e., the data currently on the storage for the track, e.g., all the 64 KB of the track) to the target 1900 exposed by the DPA, which returns a transfer ready (TX RDY) message, Col. 26 lines 64-67 and Col. 27 lines 1-5), wherein the subset of data blocks are transferred based at least in part on being write accessed during the tracking session (between each host computer and its corresponding storage system may be any appropriate medium suitable for data transfer, Col. 5 lines 55-60. A delta marker stream contains the locations that may be different between the latest I/O data (determination), Col. 18 lines 60-67. System 120 serves as a backup for source side storage system, Col. 6 lines 10-15).
Claims 3-4, 6, 14-15 and 17 are rejected under 35 U.S.C 103 as being anticipated Sim-Tang, Bushman, and Natanzon as applied to claims 1-2, 12-13, and 20 above and further in view of Pangal et al. (US 8,452,932 B2, hereinafter Pangal).
Regarding dependent claim(s) 3 and 14, the combination of Sim-tang and Natanzon discloses the method as in claim 1. However, Sim-tang does not appear to specifically disclose wherein determining the subset of data blocks to transfer to the DMS comprises: determining that data blocks of the subset of data blocks were write accessed during the tracking session based at least in part on the tracking data.
In the same field of endeavor, Natanzon discloses wherein determining the subset of data blocks to transfer to the DMS comprises (between each host computer and its corresponding storage system may be any appropriate medium suitable for data transfer, Col. 5 lines 55-60. A delta marker stream contains the locations that may be different between the latest I/O data, Col. 18 lines 60-67. Note: The examiner interprets the claim limitation as disclosed here, data being transferred to the corresponding storage system and delta is the change or the difference between the transferred data.): determining that data blocks of the subset of data blocks were write accessed during the tracking session based at least in part on the tracking data (between each host computer and its corresponding storage system may be any appropriate medium suitable for data transfer, Col. 5 lines 55-60. The 65 host 104' sends a host write command (HOST WRITE CMD) to the splitter 1702. The splitter 1702 sends a track write command (TRACK WRITE CMD) (i.e., the data currently on the storage for the track, e.g., all the 64 KB of the track) to the target 1900 exposed by the DPA, which returns a transfer ready (TX RDY) message, Col. 26 lines 64-67 and Col. 27 lines 1-5);
However, the combination of Sim-tang and Natanzon do not appear to specifically disclose causing a transfer of respective first digital fingerprints of the data blocks associated with the first snapshot to the compute infrastructure; and instructing the compute infrastructure to determine whether the respective first digital fingerprints and respective current digital fingerprints of the data blocks are the same, wherein the subset of data blocks are transferred from the compute infrastructure to the DMS based at least in part on the respective first digital fingerprints and respective current digital fingerprints being different.
In the same field of endeavor, Pangal discloses causing a transfer of respective first digital fingerprints of the data blocks associated with the previous snapshot to the compute infrastructure (transmitted or received, Col. 4 lines 20-25. Fingerprints (more than one) used to 30 uniquely identify, Col. 15 30-35. The snapshot layer, and any other initial layer at stage, Co. 16 lines 1-5. Snapshots of data stored in the cloud storage array 600 can also be periodically backed-up, Col. 19 lines 1-5 And FIG. 15-16. Data slices associated with the fingerprints in fingerprint map, Col. 30 lines 1-5 and FIG. 6); and instructing the compute infrastructure to determine whether the respective first digital fingerprints (the shell fingerprint clone is a data structure with the same number of chunks as the snapshot volume, and wherein each chunk will be populated with a list of data fingerprints for data slices that represent the data of that chunk, Col. 28 lines 58-67 and FIG. 15-16) and respective current digital fingerprints of the data blocks are the same (fingerprint map 1531 with the same number of chunks as the snapshot data volume, Col. 29 lines 1-5), wherein the subset of data blocks are transferred from the compute infrastructure to the DMS based at least in part on the respective first digital fingerprints (a back-up system will copy data from snapshot volumes since snapshot volumes provide a static representation of a data volume at a specific instant in time. the cloud storage array will store data in at least three different locations, Col. 26 lines 55-65. The shell fingerprint clone is a data structure with the same number of chunks as the snapshot volume, and wherein each chunk will be populated with a list of data fingerprints for data slices that represent the data of that chunk, Col. 28 lines 58-67 and FIG. 6) and respective current digital fingerprints being different (the initial shell fingerprint map 1531 will not yet contain any (different) fingerprints, Col. 29 lines 1-5 and FIG. 6).
Accordingly, it would have been obvious to a person of ordinarily skill in the art before the effective filing date of the claimed invention to modify the DMV systems and tracking session of Sim-tang and Natanzon in order to have incorporated the fingerprints, as disclosed by Pangal, since both of these are directed to data backup, replacing failed drives, back-up tape management, and other factors that must be addressed when creating a reliable data back-up system. incorporating the teachings of Pangal into Sim-tang and Natanzon would produce data backup system divides data volumes into fingerprinted data slices, which easily identification, as disclosed by Pangal, (see Abstract).
Regarding dependent claim(s) 4 and 15, the combination of Sim-tang and Natanzon discloses the method as in claim 1. However, the combination of Sim-tang and Natanzon do not appear to specifically disclose further comprising: determining a second subset of data blocks of the machine to refrain from transferring to the DMS as part of the backup of the second snapshot based at least in part on the tracking data, wherein transferring the subset of data blocks to the DMS excludes the second subset of data blocks based at least in part on determining the second subset of data blocks.
In the same field of endeavor, Pangal discloses further comprising: determining a second subset of data blocks of the machine to refrain from transferring to the DMS as part of the second backup of the snapshot based at least in part on the tracking data (to keep track of where the all the data is stored, Col. 15 lines 22-25 and FIG. 6. Chunks as the snapshot data volume, Col. 29 lines 1-5. A fully independent back-up volume 1540. The bulk of the independent back-up volume 1540 is made up of the individual data slices 1545 that represent all of the actual data of the backed-up data volume, Col. 31 lines 40-45 and Fig. 15-16), wherein transferring the subset of data blocks to the DMS excludes the second subset of data blocks based at least in part on determining the second subset of data blocks (the linear storage layer uses a linear storage map that maps each (fixed-size in one embodiment) chunk either to a location in a linear storage area of the local data storage system 670 or provides the fingerprint identifiers that represent the data. Chunk 1 is stored in lower data storage layer(s) since the linear storage map 641 specifies a set of fingerprint identifiers, Col. 15 lines 40-52. The data chunk has been fully moved back up into the linear storage area, Col. 18 lines 19-25).
Regarding dependent claim(s) 6 and 17, the combination of Sim-tang and Natanzon discloses the method as in claim 1. However, Sim-tang does not appear to specifically disclose wherein determining the second subset of data blocks comprises: determining that data blocks of the second subset of data blocks were write accessed during the tracking session based at least in part on the tracking data.
In the same field of endeavor, Natanzon discloses wherein determining the second subset of data blocks comprises: determining that data blocks of the second subset of data blocks were write accessed during the tracking session based at least in part on the tracking data (between each host (second subset) computer and its corresponding storage system may be any appropriate medium suitable for data transfer, Col. 5 lines 55-60. The 65 host 104' sends a host write command (HOST WRITE CMD) to the splitter 1702. The splitter 1702 sends a track write command (TRACK WRITE CMD) (i.e., the data currently on the storage for the track, e.g., all the 64 KB of the track) to the target 1900 exposed by the DPA, which returns a transfer ready (TX RDY) message, Col. 26 lines 64-67 and Col. 27 lines 1-5);
However, the combination of Sim-tang and Natanzon do not appear to specifically disclose causing a transfer of respective first digital fingerprints of the data blocks associated with the first snapshot to the compute infrastructure ; instructing the compute infrastructure to determine whether the respective first digital fingerprints and respective current digital fingerprints of the data blocks are the same; and refraining from transferring the second subset of data blocks from the compute infrastructure to the DMS based at least in part on the respective first digital fingerprints and respective current digital fingerprints being the same.
In the same field of endeavor, Pangal discloses causing a transfer of respective first digital fingerprints of the data blocks associated with the first snapshot to the compute infrastructure (transmitted or received, Col. 4 lines 20-25. Fingerprints (more than one) used to 30 uniquely identify, Col. 15 30-35. The snapshot layer, and any other initial layer at stage, Co. 16 lines 1-5. Snapshots of data stored in the cloud storage array 600 can also be periodically backed-up, Col. 19 lines 1-5 And FIG. 15-16. Data slices associated with the fingerprints in fingerprint map, Col. 30 lines 1-5 and FIG. 6); instructing the compute infrastructure to determine whether the respective first digital fingerprints (the shell fingerprint clone is a data structure with the same number of chunks as the snapshot volume, and wherein each chunk will be populated with a list of data fingerprints for data slices that represent the data of that chunk, Col. 28 lines 58-67 and FIG. 15-16) and respective current digital fingerprints of the data blocks are the same (fingerprint map 1531 with the same number of chunks as the snapshot data volume, Col. 29 lines 1-5); and refraining from transferring the second subset of data blocks from the compute infrastructure to the DMS based at least in part on the respective first digital fingerprints (a back-up system will copy data from snapshot volumes since snapshot volumes provide a static representation of a data volume at a specific instant in time. the cloud storage array will store data in at least three different locations, Col. 26 lines 55-65. The shell fingerprint clone is a data structure with the same number of chunks as the snapshot volume, and wherein each chunk will be populated with a list of data fingerprints for data slices that represent the data of that chunk, Col. 28 lines 58-67 and FIG. 6) and respective current digital fingerprints being the same (fingerprint map 1531 with the same number of chunks as the snapshot data volume, Col. 29 lines 1-5).
Claims 5 and 16 are rejected under 35 U.S.C 103 as being anticipated Sim-tang in view of Bushman and Natanzon in view of Pangal and in view of Alrod et al. (US 2015/0179284 A1, hereinafter Alrod).
Regarding dependent claim(s) 5 and 16, the combination of Sim-tang and Natanzon discloses the method as in claim 4. However, the combination of Sim-tang and Natanzon do not appear to specifically disclose wherein determining the second subset of data blocks comprises: determining that the second subset of data blocks are tagged as unchanged based at least in part on the tracking data.
In the same field of endeavor, Alrod discloses wherein determining the second subset of data blocks comprises: determining that the second subset of data blocks are tagged as unchanged based at least in part on the tracking data (the particular tag may remain unchanged, Para. 0040. The block to an existing tag stored in the tracking table(s), Para. 0058. The first tag t1 may be associated with blocks 1-10, Para. 0063).
Accordingly, it would have been obvious to a person of ordinarily skill in the art before the effective filing date of the claimed invention to modify the DMV systems and tracking session with fingerprints of Sim-tang, Natanzon and Pangal in order to have incorporated the tag, as disclosed by Alrod, since both of these are directed to managing tags associated with read voltages. A data storage device may be configured to manage one or more tags by tracking the one or more tags used to read a plurality of memory blocks of the data storage device. incorporating the teachings of Alrod into Sim-tang, Natanzon and Pangal would produce multiple tags that include a first tag and a second tag, which enhance data security, improve data governance, better manage data and data risks, as disclosed by Alrod, (see Abstract).
Claims 7-11 and 18-19 are rejected under 35 U.S.C 103 as being anticipated Sim-tang in view of Bushman and Natanzon as applied to claims above in view of Sim-Tang et al. (US 2005/0251540 A1, hereinafter Sim).
Regarding dependent claim(s) 7 and 18, the combination of Sim-tang and Natanzon discloses the method as in claim 1. However, the combination of Sim-tang and Natanzon do not appear to specifically disclose further comprising: receiving, at the DMS, the tracking data from a file system filter of the compute infrastructure in response to compute infrastructure taking the second snapshot.
In the same field of endeavor, Sim discloses further comprising: receiving, at the DMS (DMS cluster (in a DMS region) to perform or facilitate a data service… system itself to receive application-level events, Para. 0034), the tracking data from a file system filter of the compute infrastructure in response to compute infrastructure taking the second snapshot (identifying the group of volumes or directories and files that make up a given database, of extracting the name of the database, and of distinguishing journal files from binary table files and control files, Para. 0037. The database module and the 1/0 filter capture data and events, Para. 0040. Storage snapshots, Para. 0099).
Accordingly, it would have been obvious to a person of ordinarily skill in the art before the effective filing date of the claimed invention to modify the DMV systems and tracking session of Sim-tang and Natanzon in order to have incorporated the filter, as disclosed by Sim, since both of these are directed to backup devices to store system data on a periodic basis. For example, the backup device may acquire a "snapshot" of the contents of an entire hard disk at a particular time. incorporating the teachings of Sim into Sim-tang and Natanzon would produce a data management system or "DMS" provides a wide range of data services to data sources associated with a set of application host servers, which ensures that only relevant data is accessed, reducing processing time and improving overall system performance, as disclosed by Sim-Tang, (see Abstract).
Regarding dependent claim(s) 8 and 19, the combination of Sim-tang and Natanzon discloses the method as in claim 1. However, the combination of Sim-tang and Natanzon do not appear to specifically disclose wherein: the DMS comprises a DMS agent at the compute infrastructure and a DMS cluster, and the DMS agent coordinates the transfer of the subset of data blocks to the DMS cluster based at least in part on the tracking data.
In the same field of endeavor, Sim discloses wherein: the DMS comprises a DMS agent at the compute infrastructure (data agent preferably includes one or more modules, namely, an application module 506, a database module 508, module 510, and an event processor or event processing engine, Para. 0034) and a DMS cluster (DMS cluster, Para. 0031), and the DMS agent coordinates the transfer of the subset of data blocks to the DMS cluster based at least in part on the tracking data (data services are provided through a given protocol for data transfer, Para. 0027. data agent preferably includes one or more modules, namely, an application module 506, a database module 508, module 510, and an event processor or event processing engine, Para. 0034. DMS cluster, Para. 0031. Identifying the group of volumes or directories and files, Para. 0037).
Regarding dependent claim(s) 9, the combination of Sim-tang, Natanzon and Sim discloses the method as in claim 8. However, the combination of Sim-tang and Sim do not appear to specifically disclose further comprising: instructing the DMS agent to begin the tracking session based at least in part on the first snapshot and to end the tracking session in response to the compute infrastructure taking the second snapshot.
In the same field of endeavor, Natanzon discloses further comprising: instructing the DMS agent to begin the tracking session based at least in part on the first snapshot and to end the tracking session in response to the compute infrastructure taking the second snapshot (system 120 serves as a backup for source side storage system, Col. 6 lines 10-15. Snapshot mode, Col. 8 lines 30-35. Which is a simplified illustration of a time-line for tracking new processing of old data, Col. 15 lines 40-45 and FIG. 24. tracking (sddf) session should be created before stopping the old I/O tracking (sddf) session since if there was a time when no sddf session was active then data could be lost, Col. 32 lines 59-67. snapshot mode, DPA 112 receives several I/O requests and combines them into an aggregate "snapshot" of all write activity performed in the multiple I/O requests, and sends the snapshot to DPA, Col. 8 lines 40-45. Session state move to stopped mode, Col. 25 lines 20-25).
Regarding dependent claim(s) 10, the combination of Sim-tang, Natanzon and Sim discloses the method as in claim 8. However, the combination of Sim-tang and Sim do not appear to specifically disclose further comprising: instructing the DMS agent to begin a second tracking session based at least in part on the compute infrastructure taking the second snapshot.
In the same field of endeavor, Natanzon discloses further comprising: instructing the DMS agent to begin a second tracking session based at least in part on the compute infrastructure taking the second snapshot (Snapshot mode DPA 112 also sends an acknowledgement to protection agent, Col. 8 lines 40-46. System 120 serves as a backup for source side storage system, Col. 6 lines 10-15. The sddf session or sessions (if two sddf sessions exist) are erased after the copy into the protection bit map. A new sddf session is then created in step 2426 and an OR splitter session is recreated in step 2428, Col. 33 lines 40-50).
Regarding dependent claim(s) 11, the combination of Sim-tang, Natanzon and Sim discloses the method as in claim 8. However, the combination of Sim-tang and Natanzon do not appear to specifically disclose wherein the DMS agent receives the tracking data and determines the subset of data blocks to transfer to the DMS cluster based at least in part on the tracking data.
In the same field of endeavor, Sim discloses wherein the DMS agent receives the tracking data and determines the subset of data blocks to transfer to the DMS cluster based at least in part on the tracking data (DMS cluster (in a DMS region) to perform or facilitate a data service… system itself to receive application-level events, Para. 0034. Data agent preferably includes one or more modules, namely, an application module 506, a database module 508, module 510, and an event processor or event processing engine, Para. 0034. Identifying the group of volumes or directories and files that make up a given database, of extracting the name of the database, and of distinguishing journal files from binary table files and control files, Para. 0037).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BELIX M ORTIZ DITREN whose telephone number is (571)272-4081. The examiner can normally be reached M-F 9am -5pm.
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BELIX M. ORTIZ DITREN
Primary Examiner
Art Unit 2164
/Belix M Ortiz Ditren/Primary Examiner, Art Unit 2164