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 .
DETAILED ACTION
The instant detailed action is in response to Applicant's submission filed on 24 January 2023.
Claims 8,17 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: logic in claim 19-20, support for which was taken as Processing Circuitry of FIG 1: 120, and paragraphs [0022] and [0044] of the Specification.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
REJECTIONS NOT BASED ON PRIOR ART
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1-20 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
As per claim 1,
Step 2A Prong One: The “generating a routing table,” and “generating a write data migration plan” steps, as drafted, is a process that, under its broadest reasonable interpretation, cover performance of the limitation in the mind but for the recitation of generic computer components. For example, the “generating a routing table,” and “generating a write data migration plan” steps in the context of this claim encompass data analysis and can be performed in the human mind and/or using pen and paper. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A, Prong Two: This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a “obtaining information”, “remote storage system includes a cache,” “cache of a local storage system,” and “causing the write data migration plan to be performed.” The “remote storage system includes a cache” and “cache of a local storage system” are recited at a high-level of generality such that they amount to no more than mere instructions to apply the exception using a generic computer component (see Pang MPEP 2106.05(f)). Additionally, the “obtaining” step and “causing the write data migration plan to be performed” amount to no more than mere data gathering which is insignificant extra-solution activity (see Pang MPEP 2106.05(g)). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of “remote storage system includes a cache” and “cache of a local storage system” are generic computer components recited at a high level of generality amount to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The “obtaining information” and “causing the write data migration plan step” step fall into well-understood, routine, and conventional activity of the sort disclosed in paragraph [0002] of the Specification as Background (see MPEP 2106.05(d)(II)(iv)). The claim is not patent eligible.
Claims 2-9 recite additional limitations that fall into the category of mental process or else additional elements recited at a high-level of generality and do not recite subject matter that may make the claim patent eligible separately.
As per claim 10,
Step 2A Prong One: The “generating a routing table,” and “generating a write data migration plan” steps, as drafted, is a process that, under its broadest reasonable interpretation, cover performance of the limitation in the mind but for the recitation of generic computer components. For example, the “generating a routing table,” and “generating a write data migration plan” steps in the context of this claim encompass data analysis and can be performed in the human mind and/or using pen and paper. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A, Prong Two: This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a “computer program product”, “obtaining information”, “remote storage system includes a cache,” “cache of a local storage system,” and “causing the write data migration plan to be performed.” The “remote storage system includes a cache” and “cache of a local storage system” are recited at a high-level of generality such that they amount to no more than mere instructions to apply the exception using a generic computer component (see MPEP 2106.05(f)). Additionally, the “obtaining” step and “causing the write data migration plan to be performed” amount to no more than mere data gathering which is insignificant extra-solution activity (see MPEP 2106.05(g)). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of “computer program product,” “remote storage system includes a cache” and “cache of a local storage system” are generic computer components recited at a high level of generality amount to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The “obtaining information” and “causing the write data migration plan step” step fall into well-understood, routine, and conventional activity of the sort disclosed in paragraph [0002] of the Specification as Background (see MPEP 2106.05(d)(II)(iv)). The claim is not patent eligible.
Claims 10-18 recite additional limitations that fall into the category of mental process or else additional elements recited at a high-level of generality and do not recite subject matter that may make the claim patent eligible separately.
As per claim 19,
Step 2A Prong One: The “generating a routing table,” and “generating a write data migration plan” steps, as drafted, is a process that, under its broadest reasonable interpretation, cover performance of the limitation in the mind but for the recitation of generic computer components. For example, the “generating a routing table,” and “generating a write data migration plan” steps in the context of this claim encompass data analysis and can be performed in the human mind and/or using pen and paper. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A, Prong Two: This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a “processor”, “logic”, “obtaining information”, “remote storage system includes a cache,” “cache of a local storage system,” and “causing the write data migration plan to be performed.” The “remote storage system includes a cache” and “cache of a local storage system” are recited at a high-level of generality such that they amount to no more than mere instructions to apply the exception using a generic computer component (see MPEP 2106.05(f)). Additionally, the “obtaining” step and “causing the write data migration plan to be performed” amount to no more than mere data gathering which is insignificant extra-solution activity (see MPEP 2106.05(g)). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of “processor”, “logic”, “remote storage system includes a cache” and “cache of a local storage system” are generic computer components recited at a high level of generality amount to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The “obtaining information” and “causing the write data migration plan step” step fall into well-understood, routine, and conventional activity of the sort disclosed in paragraph [0002] of the Specification as Background (see MPEP 2106.05(d)(II)(iv)). The claim is not patent eligible.
Claim 20 recites additional limitations that fall into the category of mental process and does not recite subject matter that may make the claim patent eligible separately.
REJECTIONS BASED ON PRIOR ART
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1-4,7,9-13,16,18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deguchi (US PG PUB No. 2017/0277443) in view of Takashi (US PG PUB No. 2008/0091898).
As per claim [1,10,19], a computer-implemented method, comprising:
generating a write data migration plan based on the routing table, wherein the write data migration plan specifies which of the caches of the remote storage systems to migrate at least some write data originally intended to be stored on the cache of the local storage system to (see Deguchi [0095]-[0096]: “In S1005, the write program 515 may store the write data in the physical storage device 240, without storing the write data in the cache.”); and
[Deguchi discloses selectively caching hot data and further discloses migrating data based on access frequency to a mapped cloud location, where the selectively caching and migrating is taken as a migration plan as recited in the claims.]
in response to a determination that a first predetermined condition associated with the cache of the local storage system is met, causing the write data migration plan to be performed (see Deguchi [0121]: “When there is not enough cache as an allocation destination at the time of IO, the destage program 516 may also be called from a program that processes an IO.”).
However, Deguchi does not expressly disclose but in the same field of endeavor Takashi discloses
obtaining information about a plurality of remote storage systems (see Takashi FIG 9: T2 and [0115]), wherein each of the remote storage systems includes a cache (see e.g., Takashi FIG 4: 230),
generating a routing table based on the information, the routing table indicating potential write data migration paths from a cache of a local storage system to the caches of the remote storage systems (see Takashi FIG 9: T3 and [0119]);
It would have been obvious before the effective filing date of the invention to modify Deguchi to further obtain storage information and manage virtual volume mappings as taught by Takashi .
The suggestion/motivation for doing so would have been for the benefit of dynamic storage management (see e.g., Takashi [0021]).
Therefore it would have been obvious before the effective filing date of the invention to modify Deguchi to further obtain information and generate routing table as taught by Takashi for the benefit of dynamic storage management to arrive at the invention as specified in the claims.
As per claim [2,11,20], the computer-implemented method of claim 1,
wherein the routing table and the write data migration plan are generated based on calculations selected from the group consisting of: predicted write workloads of the caches of the remote storage systems, predicted sizes of available write resources of the caches of the remote storage systems, predicted available write cache size of the caches of the remote storage systems, and latencies each associated with use of a different one of the potential write data migration paths (see Takashi FIG 19: I/O Response Time and [0155]) .
[Takashi discloses taking the I/O response time or latencies in to account for constructing a routing table and migration plan.]
As per claim [3,12], the computer-implemented method of claim 2,
wherein the calculations are performed for a next time slot of operation of the storage systems that immediately follows a current time slot of operation of the storage systems, wherein the information includes historical data that is based on the current time slot of operation of the storage systems and/or previous time slot(s) of operation of the storage systems (see Deguchi FIG 11: S3000 and [0132]).
[Deguchi discloses I/O frequency information for each area of the virtual volume which is taken to correspond to calculations performed for a next time slot of operations.]
As per claim [4,13], the computer-implemented method of claim 1,
wherein the first predetermined condition includes usage of the cache of the local storage system exceeding a first predetermined threshold, wherein causing the write data migration plan to be performed includes migrating the at least some write data originally intended to be stored on the cache of the local storage system to remote storage system(s) specified in the write data migration plan (see Deguchi [0121]: “When there is not enough cache as an allocation destination at the time of IO, the destage program 516 may also be called from a program that processes an IO.”), and comprising:
in response to a determination that the first predetermined condition is not met and/or that the usage falls below the first predetermined threshold, causing the at least some write data originally intended to be stored on the cache of the local storage system and new write data to be stored on the cache of the local storage system (see e.g., Deguchi FIG S1003 and also [0096]); and
in response to a determination that the usage falls below a second predetermined threshold: causing the new write data to be stored on the cache of the local storage system, and migrating data stored in the remote storage system(s) specified in the write data migration plan back to the cache of the local storage system (see FIG 11: S30005 and [0133]).
As per claim [7,16], the computer-implemented method of claim 1,
wherein the write data migration plan specifies where to migrate the at least some write data originally intended to be stored on the cache of a first of the remote storage systems, and comprising: in response to a determination that a first predetermined condition associated with the cache of the first remote storage system is met, causing the write data migration plan to be performed (see Deguchi [0135])
As per claim [9,18], the computer-implemented method of claim 1,
wherein the cache of the local storage system is a non-volatile write cache, wherein the caches of the remote storage systems are non-volatile write caches (see Takashi [0086]).
[Takashi discloses non-volatile cache where it would have been obvious before the effective filing date of the invention to implement non-volatile caches for the benefit of data protection .]
Claim 5-6,14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deguchi (US PG PUB No. 2017/0277443) in view of Takashi (US PG PUB No. 2008/0091898) as applied to claims 1, and 10 above and further in view of Milillo (US Pat No. 5566315)
As per claim [5,14], the computer-implemented method of claim 1,
However, Deguchi does not expressly disclose but in the same field of endeavor Milillo
wherein least recently used write data and sequential write data are migrated to the specified caches of the remote storage systems as a result of the write data migration plan being performed (see Milillo COL 2 LINES 30-40).
[Milillo discloses freeing cache based on least recently used basis, where Takashi further discloses data may be sequential and random (see Takashi [0020]).]
It would have been obvious before the effective filing date of the invention to utilize a least recently used eviction as taught by Milillo.
The suggestion/motivation for doing so would have been for the benefit of retaining frequently accessed data (see Milillo COL 2 LINES 30-40).
Therefore it would have been obvious before the effective filing date of the invention to further migrate based on least recently used data sequential and random data for the benefit of retaining frequently accessed data as taught by Milillo to arrive at the invention as specified in the claims.
As per claim [6,15], the computer-implemented method of claim 1, comprising:
receiving feedback that is based on performance of the write data migration plan; performing updates to increase efficiency of a subsequent performance of the write data migration plan, wherein the updates are selected from the group consisting of: adjusting a size of time slots of operation of the storage systems, and adjusting the predetermined condition; and re-generating the routing table and/or the write data migration plan subsequent to the updates being performed (see e.g., Milillo FIG 10: 124 and COL 11 LINES 1-5).
[Milillo discloses adjusting the threshold or predetermined condition to increase efficiency of subsequent performance of the write data migration plan.]
CONCLUSION
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 2013/0198449: Embodiments of the invention relate to providing configuration options for optimizing storage extent placement in multi tiered storage systems. In one aspect of the invention. In one embodiment, a configuration adviser provides configuration options for a multi-tiered storage system that includes a number of different storage tiers, each of which include storage devices of a particular storage type. Data access information for storage extents to be stored in the storage system are received. Resource information for available storage tiers in the storage system to place the storage extents on are also received. A cost incurred by the storage system for placing each of the storage extents on each of the storage tiers is determined. Each storage extent is assigned to a particular one of the storage tiers that would incur the lowest cost to the storage system for storing the storage extent. For each storage tier, a minimum number of storage devices are selected, within the assigned storage tier, that would satisfy data access and capacity requirements for all storage extents assigned to that tier (Abstract).
DIRECTION OF FUTURE CORRESPONDENCES
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/KALPIT PARIKH/
Primary Examiner, Art Unit 2137
KALPIT . PARIKH
Primary Examiner
Art Unit 2137
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