DETAILED ACTION
The present Office Action is in response to Applicant Arguments/Remarks and amended claims filed on 10/13/2025. Claims 7 and 8 have been amended. Claims 2-4 and 9-20 have been previously cancelled. Claims 1 and 5-8 remain pending in the application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for the benefit of a prior-filed application, 15/931,248 filed on 05/13/2020, under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/13/2025 has been entered.
Response to Amendments and Arguments
Applicant’s amendments and remarks have been fully considered, with the Examiner’s response set forth below.
(1)In view of the amendments, rejections of claims 7 and 8, under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, have been withdrawn.
(2) The non-statutory double patenting rejections of claims 1, 5, and 6 have been maintained since no terminal disclaimer has been filed/approved.
(3) Applicant’s arguments 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.
(4) Another iteration of claim analysis has been made. Refer to the corresponding sections of the claim analysis below for details.
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, 5, and 6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. US11,599,288 in view of Seward et al. (US 2015/0180891), hereinafter Seward.
US 11,599,288
Instant Application 18/097,280
Claim 1. A computerized method comprising:
building an information technology operations analytics (ITOA) stack, wherein the ITOA stack uses a compatible object storage accessible through a web service interface as its primary storage;
through the web service interface, ingesting an ingested data at rest;
storing a set of metadata of the ingested data in a virtual machine or a container;
storing a set of primary data of the ingested data as a set of objects in an object store;
packaging one or more data units of the set of primary data by:
writing over the set of objects at select intervals;
breaking the set of objects into chunks to reduce overwrites;
partitioning the primary data by time, wherein the partitioning by time ingests an arbitrary time series data and queries the arbitrary time series data to implement a time-based partitioning version of the primary data;
filtering the time-based partitioning version of the primary data by implementing an isolation on the primary data by separating logs of the primary data by an environment type of the primary data, a tenant of the primary data, and a container orchestration system namespace to provide an isolation of the data at a bucket level;
creating one or more application boundaries at the time of ingesting to generate a granular application data;
querying the ingested data back using the set of metadata;
using the metadata to fetch a correct object; and
with the correct object, obtaining the granular application data, and wherein the granular application data is used to determine an Internet Protocol (IP) origin of the set of primary data,
Claim 2. The computerized method of claim 1, wherein a data partition specifies a partitioning scheme for an ingested data for a given destination.
Claim 3. The computerized method of claim 2, wherein the partition scheme acts as an index into incoming data.
Claim 1. A computerized method comprising:
building an information technology operations analytics (ITOA) stack, wherein the ITOA stack uses any object store accessible through a web service interface as its primary storage;
through the web service interface, ingesting an ingested data and metadata at rest;
storing a set of metadata of the ingested data in an object store, a virtual machine or a container;
storing a set of primary data as objects in an object store of the ingested data as a set of objects in an object store;
packaging one or more data and metadata units of the set of primary data as objects in the object store by:
writing over the set of objects at select intervals;
breaking the set of objects into chunks to reduce overwrites;
partitioning the primary data by time, wherein the partitioning by time ingests an arbitrary time series data and queries the arbitrary time series data to implement a time-based partitioning version of the primary data;
filtering the time-based partitioning version of the primary data by implementing an isolation on the primary data by separating logs of the primary data by an environment type of the primary data, a tenant of the primary data, and a container orchestration system namespace to provide an isolation of the data at a bucket level;
creating one or more application boundaries at the time of ingesting that is defined in the partition scheme to generate a granular application data, and wherein the granular application data is used to determine an Internet Protocol (IP) origin of the data;
querying the ingested data back using the set of metadata; and
fetching a correct object to obtain a granular application data.
wherein a data partition specifies a partitioning scheme for an incoming data for a given destination,
wherein the partition scheme acts as an index into incoming data,
wherein a user specifies a partition scheme using any of the attributes in the incoming data.
Claim 4. The computerized method of claim 3, wherein the partitioning of data is used to enhance query performance.
Claim 5. The computerized method of claim 4, wherein the partitioning of data is used to enhance query performance.
Claim 5. The computerized method of claim 4, wherein the metadata about the primary data is stored in a local memory and is split between a memory compatible storage in a same manner as the primary data.
Claim 6. The computerized method of claim 5, wherein the metadata about the primary data is stored in a local memory and is split between a memory compatible storage in a same manner as the primary data.
The differences between claim 1 of instant application and claim 1 of patent 11,599,288 are 1) claim 1 of instant application recites that both data and metadata are ingested through a web service interface while claim 1 of the patent only recites data is ingested through a web service interface; 2) claim 1 of instant application recites storing a set of metadata in an object store, a virtual machine, or a container while claim 1 of the patent only recites storing a set of metadata in a virtual machine or a container (i.e. without the option or an object store); 3) claim 1 of instant application recites packaging one or more data and metadata units of the set of primary data while claim 1 of the patent only recites one or more data units of the set of primary data. It would have been obvious to a person of ordinary skill in the art to apply same memory access/storage steps to both user data and metadata; 4) claim 1 of the patent recites additional limitation “wherein a user specifies a partition scheme using any of the attributes in the incoming data”. Seward teaches wherein a user specifies a partition scheme using any of the attributes in the incoming data (Seward, [0073], [0079], [0096]; [0104]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate teachings of Seward to specify a partition scheme to divide and organize (with index) incoming data before the data can be stored in data storages. A person of ordinary skill in the art would have been motivated to combine the teachings of Seward because it improves efficiency of the storage system by organizing data for fast retrieval when needed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NANCI N WONG whose telephone number is (571)272-4117. The examiner can normally be reached Monday-Friday 9am -6pm.
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/NANCI N WONG/Primary Examiner, Art Unit 2137
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