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 communication is in response to the Amendment filed 2/4/2026.
Response to Arguments
Claims 1 – 23 are pending in this Office Action. After a further search and a thorough examination of the present application, claims 1 – 23 remain rejected.
Applicant's arguments filed with respect to claims 1 – 23 have been fully considered but they are not persuasive.
Applicant argues that there is no teaching in Bansal in combination with Guim of the claimed local job manager “based on the delegation autonomously manage the first backup job through an end of a scheduled lifecycle of the first backup job”.
In response to Applicant’s argument, the Examiner submits that Bansal in combination with Guim teaches local job manager “based on the delegation autonomously manage the first backup job through an end of a scheduled lifecycle of the first backup job” in paragraphs 111 – 115 and 246, Bansal and paragraphs 97 – 99, 123, 232, 238 teach remote agent may specify the storage location(s), and other information regarding the process of storing the backup in backup storage when invoking the functionality of the backup agent. To do so, the remote agent may send a message to a client hosting the backup agent that, when received by the client, invokes the functionality of the backup agent, Bansal. Furthermore, Guim teaches the delegation management in the form of orchestration combined with the lifecycles and the policies of the data that is being stored and processed in paragraphs 167 and 171 – 178 teaching that the delegation token can be updated or otherwise edited to indicate a progress toward completion for the service. The secondary orchestrator can pass the token to a next orchestrator to notify the secondary orchestrator regarding what the secondary orchestrator has done and what the secondary orchestrator now is to do.
Applicant argues that there is no teaching in Bansal in combination with Guim of the local job manager (the delegate component), the data agent that accesses the dataset to be backed up, and the media agent that stores the backup copies to secondary storage, operate at the second computing device.
In response to Applicant’s argument, the Examiner submits that Bansal in combination with Guim teaches the local job manager (the delegate component), the data agent that accesses the dataset to be backed up, and the media agent that stores the backup copies to secondary storage, operate at the second computing device. Bansal teaches in paragraphs 98 – 100 and 214 – 223 delegating management for the generation and storage of backups in backup storages, the backup orchestrator may instantiate a backup agent in the client, generate backups for the example client using the backup agent in accordance with the lifecycle policies, store the backup in backup storages in accordance with the lifecycle policies, and may maintain the stored backup in the backup storages in accordance with the lifecycle policies. In paragraph 34 Bansal teaches that in one or more embodiments of the invention, the backup storages are distributed devices that include components distributed across any number of separate or distinct computing devices. In such a scenario, the functionality of the backup storages may be performed by multiple, different computing devices without departing from the invention.
Applicant argues that there is no teaching in Bansal in combination with Guim of the components being pre-installed at the claimed second computing device and are hosted thereby at the time of the backup job request comes in and is to be delegated.
In response to Applicant’s argument, the Examiner submits that the claim language presented does not require the components to be pre-installed. Bansal in combination with Guim teaches the delegation management in the form of orchestration combined with the lifecycles and the policies of the data that is being stored and processed in paragraphs 167 and 171 – 178 teaching that the delegation token can be updated or otherwise edited to indicate a progress toward completion for the service. The secondary orchestrator can pass the token to a next orchestrator to notify the secondary orchestrator regarding what the secondary orchestrator has done and what the secondary orchestrator now is to do. Thus keeping the components working together in order. Bansal teaches in paragraphs 98 – 100 and 214 – 223 delegating management for the generation and storage of backups in backup storages, the backup orchestrator may instantiate a backup agent in the client, generate backups for the example client using the backup agent in accordance with the lifecycle policies, store the backup in backup storages in accordance with the lifecycle policies, and may maintain the stored backup in the backup storages in accordance with the lifecycle policies.
Applicant argues that there is no teaching in Bansal in combination with Guim an information flow involving metadata.
In response to Applicant’s argument, the Examiner submits that Bansal in combination with Guim teaches information flow involving metadata. Backup metadata is disclosed in Bansal in paragraphs 78 – 79 explaining that backup may be a list that includes any number of entries and each of the entries may include a backup data portion and corresponding backup metadata. The backup data portion may be a portion of data usable for restoration purposes. The backup metadata may include information regarding each person for which the backup data portion of the entry includes all, or a portion, of their personal information. The backup metadata may also include access information for each portion of the backup data portion that includes personal information. Furthermore, Bansal in paragraphs 188 – 189 teaches the backup metadata is generated based on the contents of the portion of the tags that are associated with the backup data. The generated backup metadata may reflect personal information included in the backup data.
Remaining claims in instant application recite the same subject matter and for the same reasons as cited above the rejection is maintained. Hence, Applicant’s arguments do not distinguish the claimed invention over the prior art of record. In light of the foregoing arguments, the 103 rejections are maintained.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1 – 23 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Bansal et al. (US 20200387321 A1) (‘Bansal’ herein after) further in view of Guim Bernat et al. (US 20210014113 A1) (‘Guim’ hereinafter).
With respect to claim 1, 13
Bansal discloses a system comprising: a first computing device comprising one or more first hardware processors and computer memory carrying computer programming instructions, which, when executed by the one or more first hardware processors, configure the first computing device to: receive a job identifier for a first backup job to be performed for a dataset, determine that, in a management database that is maintained by the first computing device, a media agent is associated with the dataset (figures 2.1, 4, 5.1, 7, 9.4, paragraphs 118 and 123 teach request for generating backup, Bansal), and based on determining that a second computing device that hosts the media agent also hosts a local job manager, delegate management of the first backup job to the local job manager at the second computing device wherein the second computing device also hosts a data agent that is configured to access the dataset in performing the first backup job (paragraphs 98 – 100 and 214 – 223 delegating management for the generation and storage of backups in backup storages, the backup orchestrator may instantiate a backup agent in the client, generate backups for the example client using the backup agent in accordance with the lifecycle policies, store the backup in backup storages in accordance with the lifecycle policies, and may maintain the stored backup in the backup storages in accordance with the lifecycle policies, Bansal); and the second computing device, comprising one or more second hardware processors and computer memory carrying computer programming instructions, which, when executed by the one or more second hardware processors, configure the second computing device to: receive, at the local job manager, a delegation from the first computing device to manage the first backup job, wherein the delegation comprises first metadata obtained from the management database, and wherein the first metadata comprises preferences for performing the first backup job, store the first metadata at a local database configured at the second computing device (paragraphs 156 – 158 teaches update the metadata based on a person association embedded in the portion of the data, the metadata may be updated to reflect the person association and access information for the sub-portion of the portion of the data that likely includes the person association. To reflect the person association, the metadata may be modified by adding, modifying, and/or removing information from the metadata, paragraphs 210, 217 – 226 teaches the metadata, Bansal), by the local job manager, based on delegation autonomously manage the first backup job through an end of a scheduled lifecycle of the first backup job and without receiving further instructions about the first backup job from the first computing device, wherein autonomously managing the first backup job comprises instructing the data agent and the media agent to back up the dataset into a secondary copy, instructing the media agent to store the secondary copy at a secondary storage device indicated in the preferences, and storing second metadata generated by the first backup job in the local database, wherein in the first backup job: the data agent and the media agent generate the secondary copy and the media agent stores the secondary copy at the secondary storage device (paragraphs 111 – 115 and 246, Bansal) and after the end of scheduled lifecycle of the first backup job, transmit by the local job manager to the first computing device, at least some metadata generated by the first backup job and wherein the first computing device is further configured to: update the management database with the at least some of the second metadata received from the local job manager (figures 2.1, 4, 5.1, 7 and 9.4 paragraphs 97 – 99, 123, 232, 238 teach remote agent may specify the storage location(s), and other information regarding the process of storing the backup in backup storage when invoking the functionality of the backup agent. To do so, the remote agent may send a message to a client hosting the backup agent that, when received by the client, invokes the functionality of the backup agent, Bansal).
Bansal teaches delegation management but it does not disclose it explicitly as claimed.
However, Guim teaches the delegation management in the form of orchestration combined with the lifecycles and the policies of the data that is being stored and processed in paragraphs 167 and 171 – 178.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention because both references are in the same field of study, computing and storage of data. Furthermore, Guim in paragraph 39 teaches delegated orchestration to manage and orchestrate services across entities in a cloud or edge environment. An orchestrator in a cloud and/or edge environment is a resource manager for an application or other executable service. The orchestrator manages interconnections and interactions among services and/or resources in the cloud/edge environment. The orchestrator can manage resources, distribute workload, and/or otherwise help ensure proper execution of the service. This improves Bansal’s system by extending the medium and environment of the functionality of the system.
With respect to claim 2, 14,
Bansal as modified discloses the system of claim 1, wherein the first backup job generates the secondary copy and stores the secondary copy at the secondary storage device (paragraphs 111 – 115 and 246, Bansal).
With respect to claim 3, 15,
Bansal as modified discloses the system of claim 1, wherein the data agent executes at the second computing device (paragraphs 111 – 115 and 246, Bansal).
With respect to claim 4, 16,
Bansal as modified discloses the system of claim 1, wherein the data agent executes at a third computing device that generates the dataset (paragraphs 111 – 115 and 246, Bansal).
With respect to claim 5, 17,
Bansal as modified discloses the system of claim 1, wherein the first computing device is further configured to: based on having delegated management of the first backup job of the dataset to the local job manager at the second computing device, delegate management of a subsequent backup job to be performed for the dataset to the local job manager at the second computing device (paragraphs 97 – 104, Bansal and in paragraphs 167 and 171 – 178, Guim).
With respect to claim 6, 18,
Bansal as modified discloses the system of claim 1, wherein the second computing device is further configured to: before the end of the scheduled lifecycle of the first backup job, transmit status information about the first backup job to the first computing device (paragraphs 97 – 99, 123, 232, 238, Bansal).
With respect to claim 7, 19,
Bansal as modified discloses the system of claim 6, wherein the first computing device is further configured to: display a status of the first backup job based on the status information received from the second computing device (paragraphs 97 – 99, 123, 232, 238, Bansal)
With respect to claim 8, 20,
Bansal as modified discloses the system of claim 1, wherein the second computing device is further configured to: query the first computing device about configuration information related to the dataset (paragraphs 156 – 158, Bansal).
With respect to claim 9, 21,
Bansal as modified discloses the system of claim 1, wherein autonomously managing the first backup job comprises causing a process for the first backup job to be initiated at one or more of: the data agent, and the media agent (paragraphs 156 – 158, Bansal).
With respect to claim 10, 22,
Bansal as modified discloses the system of claim 1, wherein autonomously managing the first backup job comprises causing a process for the first backup job to be restarted at one or more of: the data agent, and the media agent (paragraphs 156 – 158, Bansal).
With respect to claim 11, 23,
Bansal as modified discloses the system of claim 1, wherein the first computing device is further configured to: delegate, to a local job manager at a third computing device, management of a second backup job to be performed for the dataset, wherein the second backup job starts after the end of the scheduled lifecycle of the first backup job; and wherein the system further comprises the third computing device, comprising one or more third hardware processors and computer memory carrying computer programming instructions, which, when executed by the one or more third hardware processors, configure the third computing device to autonomously manage the second backup job, for a lifecycle of the second backup job, without receiving further instructions about the first backup job from the first computing device (paragraphs 97 – 99, 123, 232, Bansal).
With respect to claim 12,
Bansal as modified discloses the system of claim 1, wherein the first computing device and the second computing device operate in a cloud computing environment, and wherein the first computing device is further configured to identify a plurality of third computing devices that operate in the cloud computing environment, wherein each third computing device hosts a local job manager and delegate management to each third computing device at least one backup job, wherein the respective local job manager at each third computing device is configured to autonomously manage the at least one backup job delegated thereto by the first computing device, without receiving further instructions thereabout from the first computing device (paragraphs 97 – 99, 238, Bansal).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20210374568 A1 teaches obtaining data items associated with backup jobs; writing entries in a time series database, the entries comprising successful backup jobs and failed backup jobs; performing a first analysis to predict future failed backup jobs based on the entries in the time series database to obtain a future backup job failure predictions; performing a second analysis to determine a confidence prediction for each of the future backup job failure predictions; ranking the future backup job failure predictions based on the second analysis; performing a third analysis to determine at least one variable leading to each of the future backup job failure predictions; and sending results of the second analysis and the third analysis to an administrator of a data domain
US 20140337664 A1 teaches instructing a secondary copy application to perform a secondary copy operation in which primary data generated by at least one client computing device is stored as a secondary copy in a second secondary copy file format different than a first secondary copy file format; and subsequent to reestablishment of connectivity to a main storage manager, restore the secondary copy stored in the second secondary copy file format to obtain restored data that is no longer in the second secondary copy file format; and can include at least one secondary storage computing device configured to, subsequent to the restore of the secondary copy, and at the direction of the main storage manager, conduct the restored data to a secondary storage device(s) to create a secondary copy in the first secondary copy file format.
US 20210216411 A1 teaches a cluster backup management system of a database storage system directly determines which nodes in the cluster are suitable for use in backup operations without relying on a static configuration. The system automates sampling of the status of each node in a storage cluster and evaluating the health of a node to determine whether it is eligible to support a backup operation. A backup job scheduling and execution process uses the sampled status and health evaluations to automatically determine which nodes are eligible to use for backup operations.
US 20070185934 A1 teaches implementing policy-aware backup and restore capability in a tiered storage system. If a data set's contents are backed up from the tiered storage system to a backup storage system, metadata for the data set may also be backed up.
Conclusion
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 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 mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAVNEET K GMAHL whose telephone number is 571-272-5636.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SANJIV SHAH can be reached on . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NAVNEET GMAHL/Examiner, Art Unit 2166 Dated: 6/22/2026
/SANJIV SHAH/Supervisory Patent Examiner, Art Unit 2166
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