CTNF 18/395,116 CTNF 85666 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claims 9-28 are pending. Claims 1-8 have been cancelled. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim s 9, 11-14, 18, 20-25, and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Yao (Pub. No.: US 20060059224 A1), hereinafter Yao, in view of Border (Pub. No.: US 20020010765 A1), hereinafter Border, and further in view of Takaoka et al. (Pub. No.: US 20110066666 A1), hereinafter Takaoka . With respect to claim 9 , Yao teaches An apparatus comprising ( fig. 12, [0112-0113], node 2B) : transmit at least one of a node identifier corresponding to a first key or a second key corresponding to the first key to an upstream node ( fig. 12, [0112-0117], transmit a node identifier / node ID corresponding to a first key / a second key / hash value corresponding to the first key / hash value to an upstream node) , the first key correspondent to a hash of a file ( fig. 12, [0112-0117], the first key / hash value correspondent to a hash of a file) ; and to the upstream node via the apparatus ( fig. 12, [0112-0117]) . Although Yao teaches to the upstream node via the apparatus as set forth above. Yao does not explicitly teach at least one memory; machine-readable instructions; and programmable circuitry to at least one of instantiate or execute the machine-readable instructions to at least: . after obtaining first acknowledgment data from the upstream node indicating that the upstream node received the first file fragment, transmit second acknowledgment data to a first node to cause the first node to transmit one or more second file fragments to the upstream node via the apparatus. However, Border teaches at least one memory ( [0125], memory) ; machine-readable instructions ( [0125], memory) ; and programmable circuitry to at least one of instantiate or execute the machine-readable instructions to at least ( [0125], information and instructions to be executed by processor) : after obtaining first acknowledgment data from the upstream node indicating that the upstream node received the file ( fig. 4A, [0078], after receiving ACK, per step 405) , transmit second acknowledgment data to a first node to cause the first node to transmit one or more file ( fig. 4A, [0078], transmit second ACK to a first node to cause the first node to transmit one or more file, per step 407, and per step 431). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Border, at least one memory; machine-readable instructions; and programmable circuitry to at least one of instantiate or execute the machine-readable instructions to at least: after obtaining first acknowledgment data from the upstream node indicating that the upstream node received the file, transmit second acknowledgment data to a first node to cause the first node to transmit one or more file, into the teachings of Yao , in order for improving the performance of networks, and more particularly, to a method and system for prioritizing traffic in a network ( Border, [0003]). The combination of Yao and Border does not explicitly teach a first file fragment and one or more second file fragments. However, Takaoka teaches identifying a first file fragment and one or more second file fragments ( [0065], a first file fragment and one or more second file fragments ). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Takaoka, a first file fragment and one or more second file fragments, into the teachings of Yao and Border , in order to improve the performance of the whole storage system ( Takaoka, [0194]). With respect to claim 11 , the combination of Yao , Border , Takaoka teaches the apparatus of claim 9. The combination of Yao and Border does not explicitly teach a datastore, and the programmable circuitry is to store the file fragments in the datastore. However, Takaoka teaches a datastore, and the programmable circuitry is to store the file fragments in the datastore ( [0010] ). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Takaoka, a datastore, and the programmable circuitry is to store the file fragments in the datastore, into the teachings of Yao and Border , in order to improve the performance of the whole storage system ( Takaoka, [0194]). With respect to claim 12 , the combination of Yao , Border , Takaoka teaches the apparatus of claim 9. Yao teaches a datastore, and the programmable circuitry is to store at least one of the first key or the second key in the datastore ( fig. 12, [0112-0117]) . With respect to claim 13 , the combination of Yao , Border , Takaoka teaches the apparatus of claim 9. Yao teaches to obtain the file from the first node after a detection of an event storm ( fig. 12, [0112-0117]) . The combination of Yao and Border does not explicitly teach the first file fragment. However, Takaoka teaches identifying the first file fragment ( [0065], a first file fragment ). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Takaoka, the first file fragment, into the teachings of Yao and Border , in order to improve the performance of the whole storage system ( Takaoka, [0194]). With respect to claim 14 , the combination of Yao , Border , Takaoka teaches the apparatus of claim 13. Yao teaches wherein the event storm corresponds to the event storm including at least one of an emergency event ( fig. 12, [0112-0117]) . With respect to claim 18 , Yao teaches A non-transitory machine-readable storage medium comprising instructions to cause programmable circuitry to at least ( fig. 12, [0112-0113], node 2B) : transmit at least one of a node identifier corresponding to a first key or a second key corresponding to the first key to an upstream node ( fig. 12, [0112-0117], transmit a node identifier / node ID corresponding to a first key / a second key / hash value corresponding to the first key / hash value to an upstream node) , the first key correspondent to a hash of a file ( fig. 12, [0112-0117], the first key / hash value correspondent to a hash of a file) ; and to the upstream node via the apparatus ( fig. 12, [0112-0117]) . Although Yao teaches to the upstream node via the apparatus as set forth above. Yao does not explicitly teach at least one memory; machine-readable instructions; and programmable circuitry to at least one of instantiate or execute the machine-readable instructions to at least: . after obtaining first acknowledgment data from the upstream node indicating that the upstream node received the first file fragment, transmit second acknowledgment data to a first node to cause the first node to transmit one or more second file fragments to the upstream node via the apparatus. However, Border teaches at least one memory ( [0125], memory) ; machine-readable instructions ( [0125], memory) ; and programmable circuitry to at least one of instantiate or execute the machine-readable instructions to at least ( [0125], information and instructions to be executed by processor) : after obtaining first acknowledgment data from the upstream node indicating that the upstream node received the file ( fig. 4A, [0078], after receiving ACK, per step 405) , transmit second acknowledgment data to a first node to cause the first node to transmit one or more file ( fig. 4A, [0078], transmit second ACK to a first node to cause the first node to transmit one or more file, per step 407, and per step 431). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Border, at least one memory; machine-readable instructions; and programmable circuitry to at least one of instantiate or execute the machine-readable instructions to at least: after obtaining first acknowledgment data from the upstream node indicating that the upstream node received the file, transmit second acknowledgment data to a first node to cause the first node to transmit one or more file, into the teachings of Yao , in order for improving the performance of networks, and more particularly, to a method and system for prioritizing traffic in a network ( Border, [0003]). The combination of Yao and Border does not explicitly teach a first file fragment and one or more second file fragments. However, Takaoka teaches identifying a first file fragment and one or more second file fragments ( [0065], a first file fragment and one or more second file fragments ). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Takaoka, a first file fragment and one or more second file fragments, into the teachings of Yao and Border , in order to improve the performance of the whole storage system ( Takaoka, [0194]). With respect to claim 20 , this claim recites the apparatus of claim 11, and it is rejected for at least the same reasons. With respect to claim 21 , this claim recites the apparatus of claim 12, and it is rejected for at least the same reasons. With respect to claim 22 , this claim recites the apparatus of claim 12, and it is rejected for at least the same reasons. With respect to claim 23 , this claim recites the apparatus of claim 13, and it is rejected for at least the same reasons. With respect to claim 24 , this claim recites the apparatus of claim 14, and it is rejected for at least the same reasons. With respect to claim 25 , Yao teaches A system comprising ( fig. 12, [0112-0113], a system) : upstream node circuitry ( fig. 9, [0098-0099], node 2B) ; relay circuitry communicatively coupled to the upstream node circuitry, the relay circuitry to ( fig. 9, [0098-0099], node 2B) : transmit at least one of a node identifier corresponding to a first key or a second key corresponding to the first key to an upstream node ( fig. 12, [0112-0117], transmit a node identifier / node ID corresponding to a first key / a second key / hash value corresponding to the first key / hash value to an upstream node) , the first key correspondent to a hash of a file ( fig. 12, [0112-0117], the first key / hash value correspondent to a hash of a file) ; and to the upstream node via the apparatus ( fig. 12, [0112-0117]) . Although Yao teaches to the upstream node via the apparatus as set forth above. Yao does not explicitly teach at least one memory; machine-readable instructions; and programmable circuitry to at least one of instantiate or execute the machine-readable instructions to at least: . after obtaining first acknowledgment data from the upstream node indicating that the upstream node received the first file fragment, transmit second acknowledgment data to a first node to cause the first node to transmit one or more second file fragments to the upstream node via the apparatus. However, Border teaches at least one memory ( [0125], memory) ; machine-readable instructions ( [0125], memory) ; and programmable circuitry to at least one of instantiate or execute the machine-readable instructions to at least ( [0125], information and instructions to be executed by processor) : after obtaining first acknowledgment data from the upstream node indicating that the upstream node received the file ( fig. 4A, [0078], after receiving ACK, per step 405) , transmit second acknowledgment data to a first node to cause the first node to transmit one or more file ( fig. 4A, [0078], transmit second ACK to a first node to cause the first node to transmit one or more file, per step 407, and per step 431). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Border, at least one memory; machine-readable instructions; and programmable circuitry to at least one of instantiate or execute the machine-readable instructions to at least: after obtaining first acknowledgment data from the upstream node indicating that the upstream node received the file, transmit second acknowledgment data to a first node to cause the first node to transmit one or more file, into the teachings of Yao , in order for improving the performance of networks, and more particularly, to a method and system for prioritizing traffic in a network ( Border, [0003]). The combination of Yao and Border does not explicitly teach a first file fragment and one or more second file fragments. However, Takaoka teaches identifying a first file fragment and one or more second file fragments ( [0065], a first file fragment and one or more second file fragments ). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Takaoka, a first file fragment and one or more second file fragments, into the teachings of Yao and Border , in order to improve the performance of the whole storage system ( Takaoka, [0194]). With respect to claim 27 , this claim recites the apparatus of claim 11, and it is rejected for at least the same reasons. With respect to claim 28 , this claim recites the apparatus of claim 12, and it is rejected for at least the same reasons . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 10, 15-17, 19, and 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pub. No.: US 20100058054 A1; “IRVINE”, (Abstract) Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIET TANG whose telephone number is (571)270-7193. The examiner can normally be reached on M-F 8:00-5:00. 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, IAN MOORE can be reached on (571) 272-3085. 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. /KIET TANG/ Primary Examiner, Art Unit 2469 Application/Control Number: 18/395,116 Page 2 Art Unit: 2469 Application/Control Number: 18/395,116 Page 4 Art Unit: 2469 Application/Control Number: 18/395,116 Page 5 Art Unit: 2469 Application/Control Number: 18/395,116 Page 6 Art Unit: 2469 Application/Control Number: 18/395,116 Page 8 Art Unit: 2469 Application/Control Number: 18/395,116 Page 9 Art Unit: 2469
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