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
This is a reply to the application filed on 06/28/2023, in which, claims 1-20 are pending. Claims 1, and 14 are independent.
When making claim amendments, the applicant is encouraged to consider the references in their entireties, including those portions that have not been cited by the examiner and their equivalents as they may most broadly and appropriately apply to any particular anticipated claim amendments.
Drawings
The drawings filed on 06/28/2023 are accepted
Specification
The disclosure filed on 06/28/2023 is accepted
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 06/28/2023 is 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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 7-8, 13-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Voss (US 20210110068 A1, referred to as Voss), in view of Guri (US 20180173877 A1, referred to as Guri).
In reference to claim 1, An independent backup system, for backing up data from a computer system (Voss: [0001], [0015], [0051]-[0057] Provides for a system specifically designed for backup operations.)
(i) a non-volatile storage device (Voss: [0050]-[0054] Provides for multiple storage systems in the isolated network portion for backup purposes.)
(ii) a microcontroller coupled to a hardware reset switch (Voss: [0015]-[0016], [0023]-[0024] and [0026]-[0028] Provides for a microprocessor controller that has manual override capabilities.)
an on/off connection switch, controlled by said microcontroller and connecting said storage device to a computer system containing data to be backed up (Voss: [0016]-[0019] and [0055] Provides for microcontroller-controlled switching to connect/disconnect storage systems.)
operation stage the microcontroller sends instructions to the connection switch to turn it off and the microcontroller only turns the connection switch on a predetermined time before the backup activity has been determined to start, and the microcontroller turns the connection switch off a predetermined time after the backup activity has been determined to end (Voss: [0029] and [0055]-[0056] Provides for automatic switching on predetermined schedules and immediate disconnection after backup completion.
Voss does not explicitly disclose an electric power consumption sensor for measuring the electric powering consumption of said storage device and a learning stare that monitoring electric power consumption data about the activity of the storage device in order to determine via activity patterns. However, Guri teaches:
(iii) an electric power consumption sensor adapted for measuring the electric power consumption of said device and communicating electric power consumption data to said microcontroller (Guri: [0012] and [0033] Provides for measuring electric power consumption and communication this data to the microprocessor.)
Learning stage, the connection switch is always on and the microcontroller receives from the electric power consumption sensor, electric power consumption data about the activity of the device in order to determine via activity patterns at which times the computer system is sending data to the device (Guri: [0030]-[0035] Provides for a learning/monitoring phase where power consumption patterns are analyzed to identify different activities.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Voss, which provides an independent backup system with microcontroller-controlled switching for scheduled backup operations, with the teachings of Guri, which introduces electric power consumption monitoring and pattern learning capabilities for determining system activity. One of ordinary skill in the art would recognize the ability to incorporate Guri's power monitoring and pattern analysis into Voss's backup system to enable intelligent and adaptive backup scheduling based on actual usage patterns. One of ordinary skill in the art would be motivated to make this modification in order to automatically learn optimal backup timing by monitoring real system activity rather than relying on fixed schedules.
In reference to claim 2, The independent backup system of claim 1, wherein in the learning stage the system uses statistical methods and/or machine learning algorithms to determine at which time the computer system is sending data to be backed up at the storage device (Voss: [0028]-[0029] Provides for a backup system that performs backups based on a timer or schedule. Guri: [0034]-[0035] Provides for using machine learning algorithms to classify different activities based on power consumption patterns.)
It would of have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify the scheduled backup system of Voss by incorporating the machine learning-based activity detection techniques of Guri. Modifying the timer based scheduling in Voss with Guri’s approach of using machine learning algorithms to identify patterns in power consumption data that indicate when backup activities typically occur.
In reference to claim 3, The independent backup system of claim 1, wherein the microcontroller comprises or is coupled to non-volatile memory for storing information related to determined backup times and frequency (Voss: [0024] and [0030] Provides for a microprocessor controller (Raspberry Pi) which inherently includes non-volatile memory, and specifically describes logging capabilities that store timing information about device configuration changes.)
In reference to claim 4, The independent backup system of claim 1, wherein the non-volatile storage device comprises one or more hard disks (Voss: [0042] and [0050]-[0054] Provides for "backup disk array" which directly corresponds to hard disks used for backup purposes.)
In reference to claim 5, The independent backup system of claim 1, wherein the non-volatile storage device is designated for backups only (Voss: [0042] and [0052]-[0056] Provides for storage systems in the isolated network portion that are specifically dedicated to backup operations.)
In reference to claim 7, The independent backup system of claim 1, wherein the microcontroller turns on and off data connection and powerline connection at the connection switch (Voss: [0031]-[0032] and [0016]-[0018] Provides for switching all conductors/pins in network connections, which would include both data lines and power-over-Ethernet (PoE) power lines that are commonly found in Ethernet cables.)
In reference to claim 8, The independent backup system of claim 1, wherein the microcontroller comprises a real-time clock (RTC) or a timer (Voss: [0024], [0029] and [0046] Provides for timer-based scheduling functionality with specific time-based operations (switching at 5:30 pm, 7:00 am, one hour delays, etc.) and mentions "timer-based schedule" programming.)
In reference to claim 13, The independent backup system of claim 1, further comprising a data activity detector (Guri: [0012] and [0029]-[0033] Provides for a system that detects activities by monitoring power consumption patterns.)
In reference to claim 14, An independent backup method, for backing up data from a computer system (Voss: [0001], [0015], [0051]-[0057] Provides for a system specifically designed for backup operations.)
a microcontroller coupled to a hardware reset switch (Voss: [0015]-[0016], [0023]-[0024] and [0026]-[0028] Provides for a microprocessor controller that has manual override capabilities.)
an on/off connection switch, controlled by said microcontroller and connecting said storage device to a computer system containing data to be backed up (Voss: [0016]-[0019] and [0055] Provides for microcontroller-controlled switching to connect/disconnect storage systems.)
(iii) connecting said storage device to a computer system containing data to be backed up via an on/off connection switch, controlled by said microcontroller (Voss: [0016]-[0019] and [0055] Provides for microcontroller-controlled switching to connect/disconnect storage systems.)
operation stage the microcontroller sends instructions to the connection switch to turn it off and the microcontroller only turns the connection switch on a predetermined time before the backup activity has been determined to start, and the microcontroller turns the connection switch off a predetermined time after the backup activity has been determined to end (Voss: [0029] and [0055]-[0056] Provides for automatic switching on predetermined schedules and immediate disconnection after backup completion.)
Voss does not explicitly disclose an electric power consumption sensor for measuring the electric powering consumption of said storage device and a learning stare that monitoring electric power consumption data about the activity of the storage device in order to determine via activity patterns. However, Guri teaches: (iii) an electric power consumption sensor adapted for measuring the electric power consumption of said device and communicating electric power consumption data to said microcontroller (Guri: [0012] and [0033] Provides for measuring electric power consumption and communication this data to the microprocessor.)
Learning stage, the connection switch is always on and the microcontroller receives from the electric power consumption sensor, electric power consumption data about the activity of the device in order to determine via activity patterns at which times the computer system is sending data to the device (Guri: [0030]-[0035] Provides for a learning/monitoring phase where power consumption patterns are analyzed to identify different activities.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Voss, which provides an independent backup system with microcontroller-controlled switching for scheduled backup operations, with the teachings of Guri, which introduces electric power consumption monitoring and pattern learning capabilities for determining system activity. One of ordinary skill in the art would recognize the ability to incorporate Guri's power monitoring and pattern analysis into Voss's backup system to enable intelligent and adaptive backup scheduling based on actual usage patterns. One of ordinary skill in the art would be motivated to make this modification in order to automatically learn optimal backup timing by monitoring real system activity rather than relying on fixed schedules.
In reference to claim 15, The independent backup method of claim 14, wherein in the learning stage the system uses statistical methods and/or machine learning algorithms to determine at which time the computer system is sending data to be backed up at the storage device (Voss: [0028]-[0029] Provides for a backup system that performs backups based on a timer or schedule. Guri: [0034]-[0035] Provides for using machine learning algorithms to classify different activities based on power consumption patterns.)
It would of have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify the scheduled backup system of Voss by incorporating the machine learning-based activity detection techniques of Guri. Modifying the timer based scheduling in Voss with Guri’s approach of using machine learning algorithms to identify patterns in power consumption data that indicate when backup activities typically occur.
In reference to claim 16, The independent backup method of claim 14, wherein the microcontroller comprises or is coupled to non-volatile memory for storing information related to determined backup times and frequency (Voss: [0024] and [0030] Provides for a microprocessor controller (Raspberry Pi) which inherently includes non-volatile memory, and specifically describes logging capabilities that store timing information about device configuration changes.)
In reference to claim 17, The independent backup method of claim 14, wherein the non-volatile storage device comprises one or more hard disks (Voss: [0042] and [0050]-[0054] Provides for "backup disk array" which directly corresponds to hard disks used for backup purposes.)
In reference to claim 18, The independent backup method of claim 14, wherein the non-volatile storage device is designated for backups only (Voss: [0042] and [0052]-[0056] Provides for storage systems in the isolated network portion that are specifically dedicated to backup operations.)
In reference to claim 20, The independent backup method of claim 14, wherein the microcontroller turns on and off data connection and powerline connection at the connection switch (Voss: [0031]-[0032] and [0016]-[0018] Provides for switching all conductors/pins in network connections, which would include both data lines and power-over-Ethernet (PoE) power lines that are commonly found in Ethernet cables.)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Voss (US 20210110068 A1, referred to as Voss), in view of Guri (US 20180173877 A1, referred to as Guri) in further view of Acar (US 20060164234 A1, referred to as Acar.)
In reference to claim 6, The independent backup system of claim 1, wherein pressing the hardware reset switch puts the system in a learning stage (Acar: [0064]-[0070] Provides for using hardware switches (TEST switch for entering learn mode, RESET button for exiting learn mode) to control the learning stage functionality.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Voss in view of Guri, which together provide an independent backup system with power consumption monitoring and pattern learning capabilities, with the teachings of Acar, which introduces hardware switch controls for entering and exiting learning modes. One of ordinary skill in the art would recognize the ability to incorporate Acar's hardware-based learning mode control into the combined backup system to provide manual control over the learning functionality. One of ordinary skill in the art would be motivated to make this modification in order to give users direct control over when the system learns new backup patterns.
In reference to claim 19, The independent backup method of claim 14, wherein pressing the hardware reset switch puts the system in a learning stage (Acar: [0064]-[0070] Provides for using hardware switches (TEST switch for entering learn mode, RESET button for exiting learn mode) to control the learning stage functionality.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Voss in view of Guri, which together provide an independent backup system with power consumption monitoring and pattern learning capabilities, with the teachings of Acar, which introduces hardware switch controls for entering and exiting learning modes. One of ordinary skill in the art would recognize the ability to incorporate Acar's hardware-based learning mode control into the combined backup system to provide manual control over the learning functionality. One of ordinary skill in the art would be motivated to make this modification in order to give users direct control over when the system learns new backup patterns.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Voss (US 20210110068 A1, referred to as Voss), in view of Guri (US 20180173877 A1, referred to as Guri) in further view of Nakatsuka et al. (US 20070094539 A1, referred to as Nakatsuka.)
In reference to claim 9, The independent backup system of claim 1, further comprising a software module running on the computer system containing data to be backed up in order to detect abnormal activity on the data to be backed up, said abnormal activity signaling the possibility of a computer virus or malicious activities (Nakatsuka: [0049]-[0050] Provides for software modules running on the computer system specifically for detecting virus/malicious activity on the stored data.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Voss in view of Guri, which together provide an independent backup system with power consumption monitoring and intelligent scheduling capabilities, with the teachings of Nakatsuka, which introduces software modules for detecting abnormal activity and potential virus or malicious activities on computer systems. One of ordinary skill in the art would recognize the ability to incorporate Nakatsuka's malware detection capabilities into the combined backup system to enhance security and data protection. One of ordinary skill in the art would be motivated to make this modification in order to prevent backing up infected or compromised data that could propagate malware.
In reference to claim 10. The independent backup system of claim 9, wherein said software module disconnects said storage device after determining said computer system contains a computer virus or after identifying malicious activities (Nakatsuka: [0028] and [0129]-[0135] Provides for upon virus detection, the system automatically implements network isolation (functional disconnection) of the infected computer from the broader network.)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Voss (US 20210110068 A1, referred to as Voss), in view of Guri (US 20180173877 A1, referred to as Guri) in further view of Nakatsuka et al. (US 20070094539 A1, referred to as Nakatsuka.) in further view of Daily et al. (US 10754997 B1, referred to as Daily)
In reference to claim 11, The independent backup system of claim 9, wherein said software module signals the microcontroller that it has identified a computer virus or malicious activities, via a one-way communication system between the computer system and the microcontroller (Daily: Col. 6 Lines 42-56 Provides for one-way communication systems designed specifically to prevent compromised systems from affecting protected systems.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Voss in view of Guri and Nakatsuka, which together provide an independent backup system with power consumption monitoring and malware detection capabilities, with the teachings of Daily, which introduces one-way communication systems to prevent compromised systems from affecting protected systems. One of ordinary skill in the art would recognize the ability to incorporate Daily's secure one-way communication into the combined backup system to ensure that malware detection signals can reach the microcontroller without creating a pathway for malware to compromise the backup system. One of ordinary skill in the art would be motivated to make this modification in order to maintain the security isolation of the backup system while still enabling critical security alerts.
In reference to claim 12, The independent backup system of claim 11, wherein said one-way communication system is an electric diode enabling a one-way communication (Daily: Col. 6 Lines 42-56 Provides for using "electric diodes" (specifically "data diodes 140, 142") to create one-way communication systems.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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/A.E.S./Examiner, Art Unit 2432
/SYED A ZAIDI/Primary Examiner, Art Unit 2432