Response to Amendment
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 amendment filed on 1/21/26. Claims 1, 3-11, and 13-22 are pending.
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.
Claim(s) Claims 1, 3-11, and 13-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (USPN. 2020/0097556) in view of Toste Gomes (USPN. 2024/0256572, herein “Toste”).
Regarding claims 1, 11 and 20, Chen discloses a database management system, method and medium, comprising (figs. 1 and 6B):
at least one processor programmed to perform operations comprising (fig. 1 and 6B):
executing a first host at a first container of a cloud environment, the first host being configured to perform a source role, and the first host being configured according to a first set of operating parameters (par. 21, cloud, primary database as host, scaling operations);
executing a second host at a second container of the cloud environment, the second host being configured to perform a replica role for the source role, and the second host being configured according to the first set of operating parameters (fig. 6B, par. 21, 36 and 37, standby database is replica, switch roles);
receiving a request to modify the first host from the first set of operating parameters to a second set of operating parameters different than the first set of operating parameters
(fig. 6B and 11A, par. 111, load balancer, balances on-demand service requests that assist user of resources and increasing throughput, and pars. 64-66, offloading the primary database by at least offloading read requests to another standby database 120-5, Note that
Referring to figure 6B, Chen discloses DB 120-5 offloading the primary DB by at least read requests, therefore the parameters of the DB 120-5 differ from the primary DB as it only performs read requests to offload the primary DB. As such, all allegations are believed overcome);
starting a third host at a third container of the cloud environment, the third host being configured according to the second set of operating parameters (fig. 6B and 7A, standby database 2 is started with read only parameters, different than primary database, host+ comprising read/write);
configuring the third host to perform the source role while configured according to the second set of operating parameters (fig. 6B, par. 64-66 standby database 2 offloads primary database by at least offloading read requests and therefore performing read request);
shutting down the first host such that replication is maintained between the third host and the second host; (figs. 6B and 7A, par. 73, establish the replication between the associated primary database and the new standby database, where switchover is performed to assign a primary role to a newly provisioned database wherein no further syncing is required and the previous primary database is on standby), in addition, Chen teaches workload distribution 239 and apply any changes for these tenants to a new primary database using a data change capture and apply service 238 (par. 42, Chen) and switching roles (par. 36 and 53, “switch roles of databases 120 from primary to standby and vice-versa”, Chen) but Chen does not explicitly teach the shut down is while the third host is performing the source role and the second host is performing the replica role for the source role. However, Toste teaches roles are applied to nodes based on different configurator data (par. 77, “first set of nodes 402 distribute this system configuration data 404 to the second set of nodes 406… to conform with the configuration specified in this new system configuration data 404” to be “configured to operate”, Toste).
It would have been obvious to one of ordinary skill in the art at the effective filing time to integrate Toste configuration data in Chen system to operate different database systems/nodes with different structure (par. 53, different structure, Toste). One would have been motivated for the database systems/nodes to interchange roles irrelevant of their configuration data to perform replication in distributed systems (pars. 36 and 70, distributed nodes in replication system to be reconfigured, Toste).
Chen in view of Toste teach,
restarting the first host, the restarted first host being configured according to the second set of operating parameters (fig. 8C, par. 75, standby database roles and reconfigured to new primary database roles 120-4, modified Chen);
after restarting the first host, shutting down the second host shutting down at least one of the first host or the second host, such that replication is maintained between the first host and the third host (figs. 6B and 7A, par. 73 and 75, switchover performed to assign a primary role to a newly provisioned database wherein no further syncing is required and the previous primary database is on standby, modified Chen. Note that Chen teaches 3 DBs and modified Chen may change the roles of the Primary, Standby DB1 and Standby DB2 to Primary, shutdown and Secondary, See Toste, par. 77).
3. Chen in view Toste teach The database management system of claim 1, the operations further comprising, before shutting down the first host, determining that the second host is synchronized to the first host (figs. 6B and 7A, pars 29, 36 and. 73, syncing is performed prior to switch operation, Chen).
4. Chen in view Toste teach, The database management system of claim 1, the operations further comprising determining that the restarted first host is synchronized to the third host (figs. 6B and 7A, pars 29, 36 and. 73, syncing is performed prior to switch operation, Chen).
5. Chen in view Toste teach The database management system of claim 1, the operations further comprising configuring the restarted first host to perform the replica role for the source role (figs. 6B and 7, pars. 36-37 switching roles back and forth, par. 41, transformed rules according to database, Chen).
6. Chen in view Toste teach The database management system of claim 1, the third host being configured to perform the replica role for the source role and the second host being shut down (figs. 6B and 7A, par. 73, switchover performed to assign a primary role to a newly provisioned database wherein no further syncing is required and the previous primary database is on standby, Chen).
7. Chen in view Toste teach The database management system of claim 6, the operations further comprising, before shutting down the first host, determining that the third host is synchronized to the first host (figs. 6B and 7A, pars 29, 36 and. 73, syncing is performed prior to switch operation, Chen).
8. Chen in view Toste teach The database management system of claim 7, the operations further comprising:restarting the second host according to the second set of operating parameters, determining that the restarted second host is synchronized to the first host, and shutting down the first host (figs. 6B and 7, pars. 36-37 switching roles back and forth, par. 41, transformed rules according to any database, Chen).
9. Chen in view Toste teach The database management system of claim 8, the operations further comprising configuring the restarted second host to perform the source role (figs. 6B and 7, pars. 36-37 switching roles back and forth between the primary database, par. 41, transformed rules according to database) and configuring the third host to perform the replica role for the source role (par. 62 and 77, “first set of nodes 402 distribute this system configuration data 404 to the second set of nodes 406… to conform with the configuration specified in this new system configuration data 404” to be “configured to operate” on another node/system, Toste).
10. Chen in view of Toste teach the request to modify at least one operating paremeter of the first set of operating parameters comprising a description of a change to at least one of a host storage capacity, a level of CPU resources or a level of memory resources (par. 54, distributing workload on nodes controls or does not allow any system being overwhelmed, Toste).
21. Chen in view of Toste teach the operations further comprising, before shutting down the first host, determining that the third host is synchronized to the second host (par. 77, data is in sync between original primary and newly provisioned primary database, figs. 6B and 7A, par. 73 and 75, switchover performed when no further syncing is required and the previous primary database is on standby, modified Chen).
22. Chen in view of Toste teach the operations further comprising the second host is configured according to the first set of operating parameters and the third host is configured according to the second set of operating parameters, limiting requests between the second host and the third host (pars. 54 and 57, workload distributed wherein nodes are configured to replicate configuration data according to consensus, this lowers requests on individual nodes, Toste).
Method claims 13-19 comprise substantially the same subject matter as rejected system claims 3-10 above, and are therefore rejected on the merits.
Response to Arguments
Applicant's arguments filed 1/21/26 have been considered but are not persuasive. See remarks below.
Applicant alleges the 112 issues have been resolved.
Examiner agrees.
Applicant alleges Chen does not teach “shutting down the first host such that the replication is maintained between third host and second, and further alleges “distributing a set of roles to various nodes is not shutting down a host” or continuing replication.
Examiner disagrees. The relevant segment of the office action reads,
“shutting down the first host such that replication is maintained between the third host and the second host; (figs. 6B and 7A, par. 73, establish the replication between the associated primary database and the new standby database, where switchover is performed to assign a primary role to a newly provisioned database wherein no further syncing is required and the previous primary database is on standby), in addition, Chen teaches workload distribution 239 and apply any changes for these tenants to a new primary database using a data change capture and apply service 238 (par. 42, Chen) and switching roles (par. 36 and 53, “switch roles of databases 120 from primary to standby and vice-versa”, Chen) but Chen does not explicitly teach the shut down is while the third host is performing the source role and the second host is performing the replica role for the source role. However, Toste teaches roles are applied to nodes based on different configurator data (par. 77, “first set of nodes 402 distribute this system configuration data 404 to the second set of nodes 406… to conform with the configuration specified in this new system configuration data 404” to be “configured to operate”, Toste).
It would have been obvious to one of ordinary skill in the art at the effective filing time to integrate Toste configuration data in Chen system to operate different database systems/nodes with different structure (par. 53, different structure, Toste). One would have been motivated for the database systems/nodes to interchange roles irrelevant of their configuration data to perform replication in distributed systems (pars. 36 and 70, distributed nodes in replication system to be reconfigured, Toste).”
The combination of Chen in view of Toste teach a plurality of DB systems or Nodes may change roles and perform replication. It is Examiner’s position that the claimed system manages Three Hosts and synchronizes between two Hosts while one Host is shutdown, or on standby as interpreted. The performance of the two systems replicating data and changing roles is the same regardless of the one Host being on standby or shutdown, or if there is a difference, the difference is not reflected in any of the claims. As such, Applicant’s allegations are believed moot.
Applicant's arguments filed 3/31/25
Applicant alleges par. 39 of Chen describes not a request to make the primary database read only but instead describes a role swap, thus the read/write status of Chen does not “perform at least one of the source role… according to the second set of operating parameters”.
Examiner disagrees. The relevant portion of the office action (OA) does not rely on par. 39, as alleged/suggested, instead the updated OA states,
“ executing a second host at a second container of the cloud environment, the second host being configured to perform a replica role for the source role, and the second host being configured according to the first set of operating parameters (fig. 6B, par. 21, 36 and 37, standby database is replica, switch roles);
receiving a request to modify the first host from the first set of operating parameters to a second set of operating parameters different than the first set of operating parameters
(fig. 6B and 11A, par. 111, load balancer, balances on-demand service requests that assist user of resources and increasing throughput, and pars. 64-66, offloading the primary database by at least offloading read requests to another standby database 120-5);
starting a third host at a third container of the cloud environment, the third host being configured according to the second set of operating parameters (fig. 6B and 7A, standby database 2 is started with read only parameters, different than primary database, host+ comprising read/write);
configuring the third host to perform at least one of the source role or the replica role for the source role while configured according to the second set of operating parameters (fig. 6B, par. 64-66 standby database 2 offloads primary database by at least offloading read requests and therefore performing read requests)”.
Referring to figure 6B, Chen discloses DB 120-5 offloading the primary DB by at least read requests, therefore the parameters of the DB 120-5 differ from the primary DB as it only performs read requests to offload the primary DB. As such, all allegations are believed overcome.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure in the field of data syncing:
USPN. 2018/0074915 fig. 4, pars. 50-54, syncing databases
USPN. 2019/0332269 par. 117, figs. 9A, 9B, database roles
USPN. 2021/0334003 pars. 159 and 167, archives stored in different formats
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCIN R FILIPCZYK whose telephone number is (571)272-4019. The examiner can normally be reached M-F 7-4 EST.
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kavita Stanley can be reached at 571-272-8352. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
April 23, 2026
/MARCIN R FILIPCZYK/Primary Examiner, Art Unit 2153
Prosecution Insights