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 .
Response to Arguments
Applicant’s arguments, with respect to the USC 112 rejection have been fully considered and are persuasive. The USC 112 rejection has been withdrawn.
Applicant’s arguments, in general, regarding incorporation of the details of the specification into the claim limitations are not persuasive. Applicant has argued for the majority of claims how the prior art differs from the specification. Examiner must interpret the claim language with a broad but reasonable interpretation. The Examiner may not include details from the specification into the claim limitations. If Applicant wishes the Examiner to include the details of the specification into the claim limitations, then Examiner invites Applicant to amend the claims as written to incorporate those details.
As per claims 1, 9, 16 Examiner included Chopra explicitly in an attempt to expedite prosecution. Applicant has rejected the teachings of Chopra, and Examiner has removed this reference from the USC 103 rejection. Examiner reserves the right to include Chopra in future office actions as prior art.
Applicant argues that the prior art combination of Gunda, Das, and Mendal do not teach labeling the snapshot with a textual label associated with the snapshot policy tha the particular snapshot is associated with, or assignment of the immutable retention time based on the policy.
Examiner disagrees. Applicant has not provided any details regarding the “textual label” that is “associated with” the snapshot policy. Examiner’s prior art teaches snapshots that are taken based on snapshot policy, immutable time is set based on policy, and the snapshots are tagged with metadata according to said policy. Thus Examiner asserts the prior art anticipates the claims as stated.
As per claims 2, 3, 8, 10, 11, 17 Examiner has incorporated new prior art Vincent US 9,298,723 to expedite prosecution.
As per claims 6, and 24 Examiner respectfully disagrees with Applicant’s argument. Examiner asserts that Volvovski does teach a “private file” as the nodes and data are encrypted. It is unclear to the Examiner if Applicant is arguing the definition of the word “file” as opposed to “data”.
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(s) 1, 7, 9-10, 12, 13, 15, 16, 18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gunda US 2023/0103474 in view of Das US 2020/0007620 in view of Mendel US 2013/0145429.
As per claims 1 Gunda teaches A method comprising: maintaining a plurality of snapshot schedule policies each specifying a defined retention period; locking a snapshot stored on a first volume of a first storage system by assigning an immutable retention time to the snapshot by associating a particular snapshot schedule policy of the plurality of snapshot policies with the snapshot; and precluding deletion of the locked snapshot until a tamper-proof timer meets or exceeds the immutable retention time. [0019][0023][0033][0034][0036][0043][0050][0056][0057][0058] Fig. 1 (154) (teaches a snapshot backup system that locks the snapshot and prevents deletion of the locked snapshot until a tamper proof timer exceeds the retention time, including user defined policy)
Gunda teaches assignment and a textual label are assigned to the snapshot and wherein assignment of the immutable retention time to the snapshot includes setting the immutable retention time based on the retention period of the particular snapshot policy [0050][0057][0058] (teaches assigning a textual flag including metadata and expiration according to a user defined policy)
Das more clearly teaches “a plurality of snapshot schedule policies each specifying a defined retention period. [0012][0050][0053] [0072][0074] [0075][0078] (teaches rules that specify a retention time for each backup, including snapshots taken and used as backups, multiple user configured policies including scheduling and retention duration)
It would have been obvious to use the policies of Das with the policies of Gunda because they provide more flexibility to the user.
Das additionally teaches a snapshot schedule policy of the plurality of snapshot schedule policies has a textual label and a retention period. Das teaches associating the particular snapshot schedule policy with the snapshot includes labeling the snapshot with the textual label of the particular snapshot policy, and wherein assignment of the immutable retention time to the snapshot includes setting the immutable retention time based on the retention period of the particular snapshot policy [0012][0062][0063][0066][0068][0069][0070][0072]. (teaches tagging the snapshot with a label and or attaching policies to the backup, and a retention range, teaches tagging snapshots according to a policy, such as clean, or tagged with a textual label associated with the schedule of the backup according to the policy)
Mendel teaches a tamper-proof timer. [0039][0040] (teaches a secure element that may include a timer, or a tamper-proof clock used in function as a timer)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use the teaching of Mendel with the prior art because it improves the security of the system.
As per claim 5. Das teaches The method of claim 1, wherein the particular snapshot schedule policy is automatically associated with the snapshot at a time the snapshot is created as a result of the textual label being associated with a rule of a snapshot backup policy that triggered creation of the snapshot. [0050] [0075] (teaches backup rules specifying triggers, schedules and retention times for each backup
Das additionally teaches a snapshot schedule policy of the plurality of snapshot schedule policies has a textual label and a retention period. Das teaches associating the particular snapshot schedule policy with the snapshot includes labeling the snapshot with the textual label of the particular snapshot policy. [0063][0066][0068][0069][0072]. (teaches tagging the snapshot with a label and or attaching policies to the backup, and a retention range)
Chopra teaches each snapshot schedule policy of the plurality of schedule policies has a textual label and indirectly assigning a retention time. Chopra teaches associating the particular snapshot schedule policy with the snapshot includes labeling the snapshot with the textual label of the particular snapshot schedule policy. (Column 3 lines 15-33) (Column 3 line 61-Column 4 line 16)(Column 6 lines 17-55) (Chopra teaches various labeling conventions and schedules including “bookmarks” and automatically or manually entering the bookmark into metadata)
As per claim 9. Gunda teaches A system comprising: one or more processing resources; and instructions that when executed by the one or more processing resources cause the system to: maintain a plurality of snapshot schedule policies each specifying a defined retention period; lock a snapshot stored on a first volume of a first storage system by assigning an immutable retention time to the snapshot by associating a particular snapshot schedule policy of the plurality of snapshot policies with the snapshot; and preclude deletion of the locked snapshot until a tamper-proof timer meets or exceeds the immutable retention time.
[0019][0023][0033][0034][0036][0043][0050][0056][0057] Fig. 1 (154) (teaches a snapshot backup system that locks the snapshot and prevents deletion of the locked snapshot until a tamper proof timer exceeds the retention time, including policy that is user defined for retention)
Gunda teaches assignment and a textual label are assigned to the snapshot and wherein assignment of the immutable retention time to the snapshot includes setting the immutable retention time based on the retention period of the particular snapshot policy [0050][0057][0058] (teaches assigning a textual flag including metadata and expiration according to a user defined policy)
Das more clearly teaches “a plurality of snapshot schedule policies each specifying a defined retention period. [0050] [0072][0074] [0075][0078] (teaches rules that specify a retention time for each backup, multiple user configured policies including scheduling and retention duration)
It would have been obvious to use the policies of Das with the policies of Gunda because they provide more flexibility to the user.
Das additionally teaches a snapshot schedule policy of the plurality of snapshot schedule policies has a textual label and a retention period. Das teaches associating the particular snapshot schedule policy with the snapshot includes labeling the snapshot with the textual label of the particular snapshot policy, and wherein assignment of the immutable retention time to the snapshot includes setting the immutable retention time based on the retention period of the particular snapshot policy [0012][0062][0063][0066][0068][0069][0070][0072]. (teaches tagging the snapshot with a label and or attaching policies to the backup, and a retention range, teaches tagging snapshots according to a policy, such as clean, or tagged with a textual label associated with the schedule of the backup according to the policy)
Mendel teaches a tamper-proof timer. [0039][0040] (teaches a secure element that may include a timer, or a tamper-proof clock used in function as a timer)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use the teaching of Mendel with the prior art because it improves the security of the system.
Chopra teaches each snapshot schedule policy of the plurality of schedule policies has a textual label and indirectly assigning a retention time. Chopra teaches associating the particular snapshot schedule policy with the snapshot includes labeling the snapshot with the textual label of the particular snapshot schedule policy. (Column 3 lines 15-33) (Column 3 line 61-Column 4 line 16)(Column 6 lines 17-55) (Chopra teaches various labeling conventions and schedules including “bookmarks” and automatically or manually entering the bookmark into metadata)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use the teaching of Chopra with the prior art because it provides information and context of details of the snapshot.
As per claim 10. Gunda teaches The system of claim 9, wherein the instructions further cause the system to: establish a data protection relationship between the first volume and a second volume of a second storage system, wherein the data protection relationship is associated with the plurality of snapshot policies; and causing the second storage system to enforce the immutable retention time for a replica of the locked snapshot stored on the second volume by, after replication of the locked snapshot from the first volume to the second volume, establishing the immutable retention time for the replica. [0036][0044][0049][0050] (teaches enforcing locked snapshot on second volume)
As per claim 12. Gunda teaches The system of claim 9, wherein association of the particular snapshot schedule policy with the snapshot is formed by labeling the snapshot with a label corresponding to the particular snapshot schedule policy. [0056][0057] (teaches labeling the snapshot with retention time which is the policy associated with the snapshot)
Chopra teaches the textual label of the particular snapshot policy is performed manually by an administrative user of the first storage system. (Column 4 lines 63-Column 5 line 5) (Administrator GUI for backup system) (Column 3 lines 15-33) (Column 3 line 61-Column 4 line 16)(Column 6 lines 17-55) (Chopra teaches various labeling conventions including “bookmarks” and automatically or manually entering the bookmark into metadata)
As per claim 13. Das teaches The system of claim 9, wherein the particular snapshot schedule policy is automatically associated with the snapshot at a time the snapshot is created as a result of the label being associated with a rule of a snapshot backup policy that triggered creation of the snapshot. [0050] [0075] (teaches backup rules specifying triggers, schedules and retention times for each backup
Das additionally teaches a snapshot schedule policy of the plurality of snapshot schedule policies has a textual label and a retention period. Das teaches associating the particular snapshot schedule policy with the snapshot includes labeling the snapshot with the textual label of the particular snapshot policy. [0063][0066][0068][0069][0072]. (teaches tagging the snapshot with a label and or attaching policies to the backup, and a retention range)
Chopra teaches each snapshot schedule policy of the plurality of schedule policies has a textual label and indirectly assigning a retention time. Chopra teaches associating the particular snapshot schedule policy with the snapshot includes labeling the snapshot with the textual label of the particular snapshot schedule policy. (Column 3 lines 15-33) (Column 3 line 61-Column 4 line 16)(Column 6 lines 17-55) (Chopra teaches various labeling conventions and schedules including “bookmarks” and automatically or manually entering the bookmark into metadata)
As per claim 15. Gunda teaches The system of claim 14, wherein the instructions further cause the system to: responsive to receipt of a request to delete the locked snapshot, determine whether deletion of the locked snapshot is permissible by accessing the private metafile; after a negative determination indicating deletion of the locked snapshot is not permissible, retaining the locked snapshot; and after an affirmative determination indicating deletion of the locked snapshot is permissible, deleting the locked snapshot. [0050][0068] (teaches determination of whether deletion of a snapshot is allowed)
As per claim 16. Gunda teaches A non-transitory machine readable medium storing instructions, which when executed by one or more processing resources of a system including a first distributed storage system and a second distributed storage system, cause the system to: maintain a plurality of snapshot schedule policies each specifying a defined retention period; lock a snapshot stored on a source volume of a source node of the first distributed storage system by assigning an immutable retention time to the snapshot by associating a particular snapshot schedule policy of the plurality of snapshot policies with the snapshot; and preclude deletion of the locked snapshot until a tamper-proof timer meets or exceeds the immutable retention time.
[0019][0023][0033][0034][0036][0043][0050][0056][0057] Fig. 1 (154) (teaches a snapshot backup system that locks the snapshot and prevents deletion of the locked snapshot until a tamper proof timer exceeds the retention time, including policy that is user defined for retention)
Gunda teaches assignment and a textual label are assigned to the snapshot and wherein assignment of the immutable retention time to the snapshot includes setting the immutable retention time based on the retention period of the particular snapshot policy [0050][0057][0058] (teaches assigning a textual flag including metadata and expiration according to a user defined policy)
Das more clearly teaches “a plurality of snapshot schedule policies each specifying a defined retention period. [0050] [0072][0074] [0075][0078] (teaches rules that specify a retention time for each backup, multiple user configured policies including scheduling and retention duration)
It would have been obvious to use the policies of Das with the policies of Gunda because they provide more flexibility to the user.
Das additionally teaches a snapshot schedule policy of the plurality of snapshot schedule policies has a textual label and a retention period. Das teaches associating the particular snapshot schedule policy with the snapshot includes labeling the snapshot with the textual label of the particular snapshot policy, and wherein assignment of the immutable retention time to the snapshot includes setting the immutable retention time based on the retention period of the particular snapshot policy [0012][0062][0063][0066][0068][0069][0070][0072]. (teaches tagging the snapshot with a label and or attaching policies to the backup, and a retention range, teaches tagging snapshots according to a policy, such as clean, or tagged with a textual label associated with the schedule of the backup according to the policy)
Mendel teaches a tamper-proof timer. [0039][0040] (teaches a secure element that may include a timer, or a tamper-proof clock used in function as a timer)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use the teaching of Mendel with the prior art because it improves the security of the system.
Chopra teaches each snapshot schedule policy of the plurality of schedule policies has a textual label and indirectly assigning a retention time. Chopra teaches associating the particular snapshot schedule policy with the snapshot includes labeling the snapshot with the textual label of the particular snapshot schedule policy. (Column 3 lines 15-33) (Column 3 line 61-Column 4 line 16)(Column 6 lines 17-55) (Chopra teaches various labeling conventions and schedules including “bookmarks” and automatically or manually entering the bookmark into metadata)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use the teaching of Chopra with the prior art because it provides information and context of details of the snapshot.
As per claim 18. Gunda teaches The non-transitory machine readable medium of claim 16, wherein association of the particular snapshot schedule policy with the snapshot is formed by labeling the snapshot with a label corresponding to the particular snapshot schedule policy. [0056][0057] (teaches labeling the snapshot with retention time which is the policy associated with the snapshot)
Chopra teaches the textual label of the particular snapshot policy is performed manually by an administrative user of the first storage system. (Column 4 lines 63-Column 5 line 5) (Administrator GUI for backup system) (Column 3 lines 15-33) (Column 3 line 61-Column 4 line 16)(Column 6 lines 17-55) (Chopra teaches various labeling conventions including “bookmarks” and automatically or manually entering the bookmark into metadata)
As per claim 20. Gunda teaches The non-transitory machine readable medium of claim 19, wherein the instructions further cause the system to: responsive to receipt of a request to delete the locked snapshot, determine whether deletion of the locked snapshot is permissible by accessing the private metafile; after a negative determination indicating deletion of the locked snapshot is not permissible, retaining the locked snapshot; and after an affirmative determination indicating deletion of the locked snapshot is permissible, deleting the locked snapshot. [0050][0068] (teaches determination of whether deletion of a snapshot is allowed)
As per claim 21, Mendel teaches the method of claim 1, the tamper-proof timer is initialized with a time value upon creation, stored in memory, and updated independently of a system time of the first storage system. [0039][0040] (teaches a secure element that may include a timer, or a tamper-proof clock used in function as a timer; teaches that the clock uses an outside server rather than the local system clock to update.)
As per claim 22, Mendel teaches the system of claim 9, the tamper-proof timer is initialized with a time value upon creation, stored in memory, and updated independently of a system time of the first storage system. [0039][0040] (teaches a secure element that may include a timer, or a tamper-proof clock used in function as a timer; teaches that the clock uses an outside server rather than the local system clock to update.)
As per claim 23, Mendel teaches the non-transitory machine readable medium of claim 16, the tamper-proof timer is initialized with a time value upon creation, stored in memory, and updated independently of a system time of the first storage system. [0039][0040] (teaches a secure element that may include a timer, or a tamper-proof clock used in function as a timer; teaches that the clock uses an outside server rather than the local system clock to update.)
Claim(s) 2, 3, 4, 8, 11, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gunda US 2023/0103474 in view of Das US 2020/0007620 in view of Mendel US 2013/0145429 in view of Vincent US 9,298,723
As per claim 2, Vincent teaches establishing a data protection relationship between the first volume and a second volume of a second storage system wherein the data protection relationship is associated with the plurality of snapshot policies and causing the second storage system to enforce the immutable retention time for a replica of the locked snapshot stored on the second volume by, after replication of the locked snapshot from the first volume to the second volume, establishing the immutable retention time for the replica (column 14 lines 15-35) (teaches storing snapshot on a volume that is immutable but also copying to a remote data store)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use the teaching of Vincent with the prior art because it provides better snapshot storage.
As per claim 3. Vincent teaches The method of claim 2, wherein the first storage system is part of a first cluster of storage systems representing a first distributed storage system and the second storage system is part of a second cluster of storage systems representing a second distributed storage system. (Column 16 line 57 to Column 17 line 15, Fig 7) (teaches storage in a second system that is distributed in the cloud from the first system which includes a network)
As per claim 4. Gunda teaches The method of claim 2, wherein association of the particular snapshot policy with the snapshot is formed by labeling the snapshot with a label corresponding to the particular snapshot policy. [0056][0057] (teaches labeling the snapshot with retention time which is the policy associated with the snapshot)
Chopra teaches the textual label of the particular snapshot policy is performed manually by an administrative user of the first storage system. (Column 4 lines 63-Column 5 line 5) (Administrator GUI for backup system) (Column 3 lines 15-33) (Column 3 line 61-Column 4 line 16)(Column 6 lines 17-55) (Chopra teaches various labeling conventions including “bookmarks” and automatically or manually entering the bookmark into metadata)
As per claim 8. Vincent teaches The method of claim 1, wherein said causing the second storage system to enforce the immutable retention time for a replica of the locked snapshot includes during replication of the locked snapshot from the first volume to the second volume, informing the second storage system of the immutable retention time. (column 14 lines 15-35) (teaches storing snapshot on a volume that is immutable but also copying to a remote data store)
As per claim 11. Vincent teaches The system of claim 10, wherein the first storage system is part of a first cluster of storage systems representing a first distributed storage system and the second storage system is part of a second cluster of storage systems representing a second distributed storage system. (Column 16 line 57 to Column 17 line 15, Fig 7) (teaches storage in a second system that is distributed in the cloud from the first system which includes a network)
As per claim 17. Vincent teaches The non-transitory machine readable medium of claim 16, wherein the instructions further cause the system to: establish a data protection relationship between the source volume and a destination volume wherein the data protection relationship is associated with the plurality of snapshot policies; and causing the second node to enforce the immutable retention time for a replica of the locked snapshot stored on the destination volume by, after replication of the locked snapshot from the source volume to the destination volume, establishing the immutable retention time for the replica. (Column 16 line 57 to Column 17 line 15, Fig 7) (teaches storage in a second system that is distributed in the cloud from the first system which includes a network)
Claim(s) 6, 7, 14, 19, 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gunda US 2023/0103474 in view of Das US 2020/0007620 in view of Mendel US 2013/0145429 in view of Chopra US 9,740,571 in view of Volvovski US 2019/0005261
As per claim 6. Gunda teaches The method of claim 1, wherein the immutable retention time is stored in a private metafile corresponding to the locked snapshot that is inaccessible to end users of the first storage system. [0048]-[0050] (teaches the snapshot time is in metadata in an inode)
Volvovski teaches the metafile is private an inaccessible [0043][0044][0045][0053] (teaches the inode is private and encrypted)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use the teachings of Volvovski with the prior art because it increases security.
As per claim 7. Gunda teaches The method of claim 6, further comprising: responsive to receipt of a request to delete the locked snapshot, determining by the first storage system whether deletion of the locked snapshot is permissible by accessing the private metafile; after a negative determination indicating deletion of the locked snapshot is not permissible, retaining the locked snapshot; and after an affirmative determination indicating deletion of the locked snapshot is permissible, deleting the locked snapshot. [0050][0068] (teaches determination of whether deletion of a snapshot is allowed)
Volvovski teaches the metafile is private an inaccessible [0043][0044][0045][0053] (teaches the inode is private and encrypted)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use the teachings of Volvovski with the prior art because it increases security.
As per claim 14. Gunda teaches The system of claim 9, wherein the immutable retention time is stored in a private metafile corresponding to the locked snapshot that is inaccessible to end users of the first storage system. [0048]-[0050] (teaches the snapshot time is in metadata in an inode)
Volvovski teaches the metafile is private an inaccessible [0043][0044][0045][0053] (teaches the inode is private and encrypted)
As per claim 19. Gunda teaches The non-transitory machine readable medium of claim 16, wherein the immutable retention time is stored in a private metafile corresponding to the locked snapshot that is inaccessible to end users of the first distributed storage system. [0048]-[0050] (teaches the snapshot time is in metadata in an inode)
Volvovski teaches the metafile is private an inaccessible [0043][0044][0045][0053] (teaches the inode is private and encrypted)
As per claim 24 Volvovski teaches the method of claim 6, wherin the private metafile is stored in a private index (inode) space. [0043][0044][0045][0053] (teaches the inode is private and encrypted)
As per claim 25 Volvovski teaches the system of claim 14, wherin the private metafile is stored in a private index (inode) space. [0043][0044][0045][0053] (teaches the inode is private and encrypted)
As per claim 26 Volvovski teaches the nontrasitory machine readable medium of claim 19, wherin the private metafile is stored in a private index (inode) space. [0043][0044][0045][0053] (teaches the inode is private and encrypted)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER BROWN whose telephone number is (571)272-3833. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luu Pham can be reached on (571) 270-5002. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER J BROWN/Primary Examiner, Art Unit 2439