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 .
This action is responsive to Applicant’s Amendment filed on 5/27/2026.
Claims 1-20 are presented for examination. Claims 1, 8 and 15 have been amended.
Examiner Notes
Examiner cites particular columns, paragraphs, figures and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirely as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/27/2026. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 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 of this title, 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Piduri et al. (US 20170364285 A1-recorded at IDS submitted by 7/18/2024) in view of Kumar (US 20220164211 A1), Polimera et al. (US 11099956 B1, hereafter Polimera), Wang et al. (US 8566542 B1, hereafter Wang), Pershin et al. (US 20150309890 A1, hereafter Pershin).
Regarding to claim 1, Piduri discloses: a method executed by one or more processors (see claim 8; “wherein execution of the program instructions by one or more processors of a computer system causes the one or more processors to perform steps comprising”), comprising:
a virtual machine (VM) from among a plurality of VMs for a restore operation to restore the VM from a storage snapshot (see [0022]; “such as the VMs 108 running on the hosts 110 in the distributed system 100 … A snapshot is a copy of a VM's disk file at a given point in time. Snapshots provide a change log for the virtual disk and are used to restore a VM to a particular point in time”), the plurality of VMs sharing a logical data store having a plurality of virtual volumes used for storing data for the VMs by a storage system (see Fig. 2 and [0023]; “two VMs, VM1 and VM2 … VM1 has three virtual volumes, VVOL1, VVOL2 and VVOL3. VVOL1 is used for configuration data of VM1, while VVOL2 and VVOL3 are used for virtual disks of VM1. VM2 has four virtual volumes, VVOL4, VVOL5, VVOL6 and VVOL7. VVOL4 is used for configuration data of VM2, VVOL5 and VVOL6 are used for virtual disks of VM2, and VVOL7 is used for a snapshot of VM2. The virtual volumes of VM1 and VM2 are stored in the storage system 105A”. Also see Fig. 1, [0013], [0017] for similar descriptions. Such as, “The storage devices 136 are used to support logical storage units, such as datastores and virtual volumes (VVOLs). VVOLs are part of a provisioning feature for VMware vSphere® product that changes how VMs are stored and managed”) registered with the first plugin and a virtual appliance of a VM management system (see Fig. 1, [0018]-[0019]; “the storage management server 138 creates and manages virtual volumes, which are mapped to physical storage locations in the storage devices 136”, “the storage management server 138 includes a storage interface manager 140 … the storage interface manager 140 can initiate the creation of logical storage units, such as virtual volumes, in response to requests from the external components”. The storage interface manager 140 can be considered as the combination of claimed first plugin and claimed virtual appliance; the storage components/resources within the storage system 105A are managed by the storage interface manager 140, and thus it is reasonable to conclude the storage system 105A registered with the storage interface manager 140), the storage system using a first set of storage volumes to store data for a set of virtual volumes of the VM (see Fig. 2 and [0023]; “two VMs, VM1 and VM2 … VM2 has four virtual volumes, VVOL4, VVOL5, VVOL6 and VVOL7. VVOL4 is used for configuration data of VM2, VVOL5 and VVOL6 are used for virtual disks of VM2, and VVOL7 is used for a snapshot of VM2”);
a logical storage object associated with the storage snapshot (see [0022]; “The replica virtual volumes may be created using one or more storage devices”. Also see [0024]-[0028]; “When the virtual volumes of VM1 and VM2 are replicated for failure protection, the virtual volumes that belong to the same storage replication consistency group are replicated together to ensure write order fidelity”. The creation of replica virtual volumes of VM2, such as VVOL4-R associated with VM4 is required to be created using one or more storage devices, i.e., an associated logical storage object. Note: since such one or more storage devices are used to recover the VM2, and thus it is a logical storage object associated with the storage snapshot of VM2);
calling, by the first plugin, the virtual appliance to import the [renamed] logical storage object as a virtual volume in the virtual volume datastore; utilizing, by the virtual appliance, to import the virtual volume as a virtual disk (see [0019]; “external components, such as the hosts 110 and virtualization managers 126 at the primary site 102A … the storage interface manager 140 can initiate the creation of logical storage units, such as virtual volumes, in response to requests from the external components”. Also see Fig. 2, [0022], [0024]-[0028]; “The replica virtual volumes may be created using one or more storage devices” and “When the virtual volumes of VM1 and VM2 are replicated for failure protection, the virtual volumes that belong to the same storage replication consistency group are replicated together to ensure write order fidelity”. Again, the replica virtual volumes of VM2 like VVOL4-R is created from storage device by the storage interface manager 140, and thus the related storage device is imported as virtual volume and then imported as virtual disk to be attached to VM4 to result the recovered VM2 as shown by Fig. 2);
attaching, by the first plugin, the virtual disk to a recovered VM for the restore operation (see [0022], [0024]-[0028]; “VM2 in the data center 104A can be restarted as VM4 in the data center 104B using VVOL4, VVOL5, VVOL6 and VVOL7 in the storage system 105B”. In order to allow the VM4 using replica virtual volumes, it is required to attach the associated virtual disks of the replica virtual volumes are attached to the VM to be used to recover the original VM).
Piduri does not disclose:
generating, by a first plugin, a directory for the virtual machine (VM);
creating, by the first plugin, a clone of the storage snapshot and mounting the clone as a virtual volume datastore;
renaming, by the first plugin, a logical storage object associated with the storage snapshot;
an application programming interface (API) is utilized to import the virtual volume as a virtual disk, the API creating a virtual disk descriptor file that is stored within the directory; and
the recovered VM is a VM snapshot generated from the VM for the restore operation.
However, Kumar discloses:
generating a directory for a virtual machine (VM) from among a plurality of VMs for a restore operation to restore the VM (see [0059]; “creating a new vmdk path file which references that vVol in the virtual volume datastore 212”. It is understood that the vmdk path file described from [0059] at filesystem (see “application instance information and high level layout (e.g., file and filesystem information)” from [0053]) is required to be stored/located at certain directory/folder. In this way, it is required to generate certain directory/folder. Also see [0045] and [0048]-[0049]; “a greater number of protection copies are available resulting in better protection service level agreements (SLAs) and better recovery point objectives (RPOs)”, “generate application instance data snapshots 406 in accordance with storage system 210 as will be further explained. It is to be appreciated that each snapshot is a copy of data of the application instance which is stored as part of a vVol in virtual volume datastore 212 during execution of the application instance on a given VM 202” and “recovering the application”. At reasonable embodiment, the VMDK path file created at [0059] is for VM or VM application recovery operation);
utilizing an application programming interface (API) to import the virtual volume as a virtual disk, the API creating a virtual disk descriptor file that is stored within the directory; attaching the virtual disk to a VM (see [0059]; “(i) storing and importing the unmanaged vVol information into the vStorage APIs for Storage Awareness (VASA) repository of the vSphere® hypervisor platform; (ii) binding the imported vVols snapshot to the appropriate protocol endpoint; and (iii) creating a new vmdk path file which references that vVol in the virtual volume datastore 212. After the snapshot is converted to managed, the snapshot can be attached to any VM as a regular vVol (e.g., part of virtual volume datastore 212) and data inside the snapshot can be mounted back to (made accessible to) the VM where it is attached”).
It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claim invention, to modify the processes of attaching replica virtual volumes to the recovered VM from Piduri by including creating vmdk to allow attaching the virtual volume to VM from Kumar, since it would provide a mechanism of ensuring the attached virtual volumes or virtual disks are manageable (see [0059] from Kumar).
In addition, Polimera discloses: creating, by the first plugin, a clone of the storage snapshot and mounting the clone as a virtual volume datastore (see lines 26-46 of col. 57; “system 300 clones replicated snapshot(s) SR598 into corresponding clone snapshots (not shown) … failover virtualization server 383 creates a datastore for each failover VM 382 using the cloned snapshots”. Also see Fig. 5C, lines 60-13 of col. 54-55; “Snapshot S598 is a hardware snapshot of data storage volume 598 taken by primary storage 304 as directed by media agent 444 … Snapshot S598 is replicated by primary storage 304 to failover storage 384 as directed by media agent 444 in the course of an auxiliary copy job managed by storage manager 440. The auxiliary copy job generates a snapshot SR598 that is a replica of snapshot S598”).
It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claim invention, to modify the VM failover process from the combination of Piduri and Kumar by including mounting a replica of storage snapshot as datastore for a failover VM from Polimera, since it would provide additional replication copies of snapshots to for recovery operation (see lines 15-27 of col. 30 from Polimera; “An auxiliary copy is generally a copy of an existing secondary copy 116. For instance, an initial secondary copy 116 may be derived from primary data 112 or from data residing in secondary storage subsystem 118, whereas an auxiliary copy is generated from the initial secondary copy 116. Auxiliary copies provide additional standby copies of data and may reside on different secondary storage devices 108 than the initial secondary copies 116. Thus, auxiliary copies can be used for recovery purposes if initial secondary copies 116 become unavailable”).
In addition, Wang discloses: attaching the virtual disk to a VM snapshot generated from the VM for the restore operation (see Figs. 1, 3, lines 50-59 of col. 4; “mount the virtual disks of VMs 102 in snapshot LUN 122 (or copy 122B) to the corresponding backup shadow VMs 116”. Also see lines 45-55 of col. 2; “Each backup shadow VM 116 is a dummy VM with a basic configuration, or the same configuration as the corresponding VM 102, that allows it to mount to a virtual disk residing on a Fibre Channel or iSCSI SAN and implement the hypervisor's off-host backup mode of operation”. The backup shadow VM 116 is reasonable to be considered as VM snapshot generated from the original VM).
It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claim invention, to modify the generation of VM4 for VM recovery operation from the combination of Piduri, Kumar and Polimera by including generation of backup shadow VM for VM recovery operation from Wang, since would ensuring the restored VM has same configuration as the original VM (see lines 45-55 of col. 2 from Wang).
In addition, Pershin discloses: renaming a logical storage object associated with the storage snapshot (see [0038]; “the modification includes duplicating a logical storage device identifier and labeling each with corresponding source and peer/target attributes, respectively. For example, an initial device discovery may result in SSE 176 determining that storage A 120 includes a storage device identified by a device identifier. SSE duplicates the device identifier to serve as both the underlying storage device in storage A 120 and as representation of a peer/target storage device (e.g., as would be expected in stretched storage to be discovered in storage B 155 of datacenter B 140)”. The label with source and target attribute in addition to duplicating the logical storage device identifier can be considered as a rename process for the target storage device to result a remanded logical storage object).
It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claim invention, to modify the generation of replica virtual volumes from the combination of Piduri, Kumar, Polimera and Wang by including the process of labeling with source and target attributes in addition to duplicate logical storage device identifier from Pershin, and thus the combination of Piduri, Kumar, Polimera, Wang and Pershin would disclose the missing limitations from Piduri, since it would provide a naming mechanism to easily identify a pair of source and target logical storage device by unique identifier (see [0038] from Pershin).
Regarding to Claim 2, the rejection of Claim 1 is incorporated and further the combination of Piduri, Kumar, Polimera, Wang and Pershin discloses:
restoring, by the first plugin, the VM snapshot to generate a restored VM (see Figs. 1, 3, lines 45-55 of col. 2 and lines 50-59 of col. 4 from Wang; “Each backup shadow VM 116 is a dummy VM with a basic configuration, or the same configuration as the corresponding VM 102, that allows it to mount to a virtual disk residing on a Fibre Channel or iSCSI SAN and implement the hypervisor's off-host backup mode of operation” and “mount the virtual disks of VMs 102 in snapshot LUN 122 (or copy 122B) to the corresponding backup shadow VMs 116”); and
providing virtual volume metadata to the virtual appliance for the restored VM (see [0022] and [0030] from Piduri; “a storage replication consistency group with a unique replication group identifier is created under the control of the storage interface manager … a new virtual volume with a unique virtual volume identifier is created under the control of the storage interface manager and assigned to the storage replication consistency group”. As explained at the rejection of claim 1 above, in order to create/replicate to result replica virtual volume of VM2, such as VVOL4-R, a new virtual volume is required to be created, and thus the related unique replication group identifier, i.e., claimed virtual volume metadata for the restored VM, is required to be provided).
Regarding to Claim 3, the rejection of Claim 1 is incorporated and further the combination of Piduri, Kumar, Polimera, Wang and Pershin discloses:
to take the storage snapshot, discovering, by the first plugin, from the VM management system the plurality of VMs (see Fig. 2, [0017] and [0022]-[0024] from Piduri; “The use of VVOLs provides the ability to snapshot a single VM” and “VVOL7 is used for a snapshot of VM2” and “the virtual volumes that belong to the same storage replication consistency group are replicated together to ensure write order fidelity”. In order to achieve the features of “snapshot a single VM” and “the virtual volumes that belong to the same storage replication consistency group are replicated together”, the storage interface manager 140 is required to discover the plurality of VMs including the VM to be recovered); and
obtaining, by the first plugin, from the virtual appliance, metadata and storage layout of the set of virtual volumes used by the VM to store data (see [0019] from Piduri; “a storage interface manager 140, which can provide a storage awareness service for external components, such as the hosts 110 and virtualization managers 126 at the primary site 102A, so that these external components can obtain information about available storage topology, capabilities, and status of the storage system 105A”).
Regarding to Claim 4, the rejection of Claim 3 is incorporated and further the combination of Piduri, Kumar, Polimera, Wang and Pershin discloses: discovering, by the first plugin, all storage volumes within the logical data store (see [0018]-[0019] from Piduri; “a storage interface manager 140, which can provide a storage awareness service for external components, such as the hosts 110 and virtualization managers 126 at the primary site 102A, so that these external components can obtain information about available storage topology, capabilities, and status of the storage system 105A. In addition, the storage interface manager 140 can initiate the creation of logical storage units, such as virtual volumes”. The storage interface manager 140 is required to discover all storage volumes within the storage system 105A in order to achieve the functionalities described by [0019]).
Regarding to Claim 5, the rejection of Claim 4 is incorporated and further the combination of Piduri, Kumar, Polimera, Wang and Pershin discloses: identifying, by the first plugin, the first set of storage volumes from the discovered storage volumes (see [0019] and [0023]-[0024] from Piduri; “the storage interface manager 140 manages storage replication consistency groups for the logical storage units. In particular, the storage interface manager 140 can create and delete storage replication consistency groups, and provide any relationships between virtual volumes and storage replication consistency groups” and “the virtual volumes that belong to the same storage replication consistency group are replicated together to ensure write order fidelity … VVOL4, VVOL5, VVOL6 and VVOL7, which belong to the same storage replication consistency group, i.e., SRCG2, are replicated together”. In order to replicate virtual volumes belong to same storage replication consistency group, the storage interface manager 140 is required to identify the storage volume associated with same storage replication consistency group).
Regarding to Claim 6, the rejection of Claim 1 is incorporated and further the combination of Piduri, Kumar, Polimera, Wang and Pershin discloses: provisioning, by the virtual appliance, the set of virtual volumes for the VM based on a service level defined by a storage profile (see [0029] from Piduri; “a request to create a new virtual volume for a VM is transmitted from the host to the storage interface manager. The request includes at least an indication that the new virtual volume is to be assigned to a new replication group and may further include storage requirements of the new virtual volume. … The storage requirements may include particular storage capabilities required for the virtual volume, which may be represented by different storage tiers, e.g., gold, silver or bronze. As an example, the storage requirements may include type of drive, rpm (rotations per minute) of the drive and RAID (redundant array of independent disks) configuration”).
Regarding to Claim 7, the rejection of Claim 1 is incorporated and further the combination of Piduri, Kumar, Polimera, Wang and Pershin discloses: wherein the first plugin obtains VM files from the VM management system (see [0021]-[0022] from Piduri; “The storage interface manager 140 of the storage system 105B can provide a storage awareness service for external components, such as the hosts 110 and virtualization managers 126 at the secondary site 102B, so that these external components can obtain information about available storage topology, capabilities, and status of the storage system 105” and “These storage objects for VMs include virtual disks and other data objects to support the operation of the VMs, such as configuration files and snapshots”. Obtaining some configuration or VM files, like files containing available storage topology, capabilities, and status of the storage system 105 from the storage interface manager 140) and uses a second API to obtain the first set of storage volumes from a storage operating system of the storage system (see [0029] from Piduri; “a communication connection is established between the host and the storage interface manager. The communication connection may be established using an application programming interface (API) of the storage interface manager 140”. The communication between the host and the storage interface is created via an API, and thus such API is also used to obtain sets of storage volumes from the storage interface manager 140, i.e., claimed storage operating system of the storage system).
Regarding to Claim 8, Claim 8 is a product claim corresponds to method Claim 1 and is rejected for the same reason set forth in the rejection of Claim 1 above (note: Piduri also teaches claimed “a non-transitory machine-readable storage medium”, see [0040] and claim 8 from Piduri).
Regarding to Claim 9, Claim 9 is a product claim corresponds to method Claim 2 and is rejected for the same reason set forth in the rejection of Claim 2 above.
Regarding to Claim 10, Claim 10 is a product claim corresponds to method Claim 3 and is rejected for the same reason set forth in the rejection of Claim 3 above.
Regarding to Claim 11, Claim 11 is a product claim corresponds to method Claim 4 and is rejected for the same reason set forth in the rejection of Claim 4 above.
Regarding to Claim 12, Claim 12 is a product claim corresponds to method Claim 5 and is rejected for the same reason set forth in the rejection of Claim 5 above.
Regarding to Claim 13, Claim 13 is a product claim corresponds to method Claim 6 and is rejected for the same reason set forth in the rejection of Claim 6 above.
Regarding to Claim 14, Claim 14 is a product claim corresponds to method Claim 7 and is rejected for the same reason set forth in the rejection of Claim 7 above.
Regarding to Claim 15, Claim 15 is a system claim corresponds to method Claim 1 and is rejected for the same reason set forth in the rejection of Claim 1 above (note: Piduri also teaches claimed “a system comprising: a memory containing … a processor coupled to the memory to execute the machine executable code to”, see [0012] from Piduri).
Regarding to Claim 16, Claim 16 is a system claim corresponds to method Claim 2 and is rejected for the same reason set forth in the rejection of Claim 2 above.
Regarding to Claim 17, Claim 17 is a system claim corresponds to method Claim 3 and is rejected for the same reason set forth in the rejection of Claim 3 above.
Regarding to Claim 18, Claim 18 is a system claim corresponds to method Claims 4 and 5 and is rejected for the same reason set forth in the rejections of Claims 4 and 5 above.
Regarding to Claim 19, Claim 19 is a system claim corresponds to method Claim 6 and is rejected for the same reason set forth in the rejection of Claim 6 above.
Regarding to Claim 20, Claim 20 is a system claim corresponds to method Claim 7 and is rejected for the same reason set forth in the rejection of Claim 7 above.
Response to Arguments
Applicant’s arguments, filed 5/27/2026, with respect to rejections of claims 1-20 under 35 U.S.C. 103 have been full considered. New grounds of rejections are made based on the amended limitations from the independent claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHI CHEN whose telephone number is (571)272-0805. The examiner can normally be reached on M-F from 9:30AM to 5:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, April Y Blair can be reached on 571-270-1014. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Zhi Chen/
Patent Examiner, AU2196
/APRIL Y BLAIR/Supervisory Patent Examiner, Art Unit 2196
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