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 .
Response to amendment
This office action is in response to an amendment filed on December 30, 2025 in response to PTO office action dated September 24, 2025. The amendment has been entered and considered.
Claims 1, 9, 13, 17, 21, 25 and 30 have been amended. Claims 1-32 are pending in this office action.
Applicant’s arguments with respect to the rejection of claims under 35 U.S.C. § 103(a) have been fully considered bur are moot in view of the new grounds of rejection.
This action is FINAL.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on May 19, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claims rejection 35 U.S.C. 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.
Claims 1-4, 6, 8-12, 14, 16-20, 22 and 24 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Freedman et al. (US 20150254137 A1) in view of Brebner et al. (US 20230011413 A1) further in view Li et al. (US 9971655 B1).
Regarding claims 1, 9 and 17, Freedman discloses a computing apparatus, comprising: one or more computer readable storage media;
one or more processors operatively coupled with the one or more computer readable
storage media; and
program instructions stored on the one or more computer readable storage media that, when executed by the one or more processors, direct the computing apparatus to at least:
receive a configuration for a multiphase restoration of an application to a
destination platform (see Freedman paragraph [0008], Metadata describing resources to be backed up may allow automatic identification of different sources for backup opportunistically transparently to a user);
capture a backup of application data of the application (see Freedman paragraph [0008], backing up resources as a purchased asset may include making a note instead of pushing up content of the purchased asset. To restore the purchased asset as noted, the content of the purchased asset may be pulled down from an asset store);
implement the multiphase restoration based on the configuration, wherein to
implement the multiphase restoration (see Freedman paragraph [0015], during the background session of a two phase restore, a device may restore data or media assets from local computers (e.g. running iTunes.RTM. application from Apple Inc.) and/or cloud storages. The device may synchronize mails and/or receive text messages during the background session), the program instructions direct the
computing apparatus to:
restore a phase of the multiphase restoration to the destination platform
based on the backup of the application data and according to the
configuration, wherein the phase comprises selected resources of the
resources of the application (see Freedman paragraph [0015], resources may be restored according to a restore order determined by usage patterns. For example, application usage may be tracked to gather the usage patterns including shows/movies watched, books read, or other applicable usage statistics)…
restore a next phase to the destination platform based on the backup
of the application data according to the configuration (see Freedman paragraph [0013], a device may enter an initial modal restore session (e.g. a first mode) followed by a background restore session (e.g. a second mode) for a dual-phase or two phase restore of the device).
Brebner expressly discloses validate the selected resources at the destination platform… based on validating the selected resources at the destination platform (see Brebner paragraph [0037], see the instructions 208 when executed by the processing resource 202 may cause the processing resource 202 to isolate the computing system, in response to determining that the computing system is restored, by restricting access to the computing system for any data traffic other than data traffic associated with a security fix and/or software update to be applied to the computing system. Furthermore, the instructions 210 when executed by the processing resource 202 may cause the processing resource 202 to determine if the security fix and/or the software update have been successfully applied to the computing system. Moreover, the instructions 212, when executed by the processing resource 202 may cause the processing resource 202 to remove the computing system from isolation in response to determining that the security fix and/or the software update have been successfully applied).
It would have been obvious to a person of ordinary skill in art before the effective filing date of the claimed invention to incorporate the teaching of Brebner into the method of Freedman to have validate the selected resources at the destination platform. Here, combining Brebner with Freedman which are both related to data backup and restore improves Freedman to provide a restore management system for providing secure restore of a computing system deployed in a workload environment (see Brebner paragraph [0002]).
Li expressly discloses validate…by testing resource connectivity, verifying resource data integrity, and verifying dependencies of the resource with respect to others of the resources of the applications (see Li col. 13, lines 42-55, The validation phase specifies the validation processes to apply to the recovered application. Validating may include performing any replay or repair tasks necessary to ensure application consistency, playing back logs, replaying uncommitted log files against the recovered database, validating the completion of a replay, validating the completion of a repair, testing the application to validate correct operation, checking data files for corruption (e.g., physical corruption or logical corruption), verifying that a data file is in the correct directory, running consistency checks, attaching the recovered database to the application, connecting to the recovered database, verifying that a particular table is present and accessible, repairing corruptions, running checks, verifying that a particular process has started, verifying that a particular file is present, or combinations of these. There can be application-specific procedures to check the functional correctness of the application to guard against logical errors, data corruption, or both).
It would have been obvious to a person of ordinary skill in art before the effective filing date of the claimed invention to incorporate the teaching of Li into the method of Freedman to have testing resource connectivity, verifying resource data integrity, and verifying dependencies of the resource with respect to others of the resources of the applications. Here, combining Li with Freedman which are both related to data backup and restore improves Freedman to provide a system to better prepare backups in order to facilitate the recovery process should the need arise and to collect and measure metrics to ensure that a recovery, if needed, will meet the service level objectives (SLOs) (see Li col. 1, lines 35-40).
Regarding claims 2, 10 and 18, Freedman discloses, wherein the configuration comprises settings relating to selections of the resources, scheduling, and …for each phase of the multiphase restoration (see Freedman paragraph [0073], resources in a device such as settings, account data, application data, and/or purchased assets, may be backed up to a local computer. Portions of the resources, such as the settings and/or application data, may also be backed up to cloud storages).
Brebner expressly discloses a merge policy (see Brebner paragraph [0037], see the instructions 208 when executed by the processing resource 202 may cause the processing resource 202 to isolate the computing system, in response to determining that the computing system is restored, by restricting access to the computing system for any data traffic other than data traffic associated with a security fix and/or software update to be applied to the computing system. Furthermore, the instructions 210 when executed by the processing resource 202 may cause the processing resource 202 to determine if the security fix and/or the software update have been successfully applied to the computing system. Moreover, the instructions 212, when executed by the processing resource 202 may cause the processing resource 202 to remove the computing system from isolation in response to determining that the security fix and/or the software update have been successfully applied).
It would have been obvious to a person of ordinary skill in art before the effective filing date of the claimed invention to incorporate the teaching of Brebner into the method of Freedman to have a merge policy. Here, combining Brebner with Freedman which are both related to data backup and restore improves Freedman to provide a restore management system for providing secure restore of a computing system deployed in a workload environment (see Brebner paragraph [0002]).
Regarding claims 3 , 11 and 19 Freedman discloses, wherein to receive the configuration for the multiphase restoration to restore the application to the destination platform, the program instructions direct the computing apparatus to:
receive user input comprising the selections of resources for each phase of the
multiphase restoration (see Freedman paragraph [0013], application data may be restored before its corresponding application can be used (e.g. by a user). The application may be downloaded or synchronized prior to initiating restore of the application data (e.g. from the cloud storage or other sources) to create a proper ordering; see Freedman paragraph [0013], a device may enter an initial modal restore session (e.g. a first mode) followed by a background restore session (e.g. a second mode) for a dual-phase or two phase restore of the device);
receive user input comprising selections relating to the scheduling for each phase of the multiphase restoration (see Freedman paragraph [0013], application data may be restored before its corresponding application can be used (e.g. by a user). The application may be downloaded or synchronized prior to initiating restore of the application data (e.g. from the cloud storage or other sources) to create a proper ordering); and
receive user input comprising selections relating to … policy for each phase of the multiphase restoration, wherein the … policy determines how the
resources of each phase are to be restored at the destination platform (see Freedman paragraph [0015], during the background session of a two phase restore, a device may restore data or media assets from local computers (e.g. running iTunes.RTM. application from Apple Inc.) and/or cloud storages. The device may synchronize mails and/or receive text messages during the background session. In one embodiment, resources may be restored according to a restore order determined by usage patterns. For example, application usage may be tracked to gather the usage patterns including shows/movies watched, books read, or other applicable usage statistics. In other embodiments, the restore order may depend on the size of the resource (or content), where an icon corresponding to the resource is located on the display of a device (e.g. user might put frequently used icons in the first page), or other applicable factors. The restore order may be dynamically updated adapting to user requests, such as via user tapping on the display to indicate priorities for applications).
Brebner expressly discloses a merge policy (see Brebner paragraph [0037], see the instructions 208 when executed by the processing resource 202 may cause the processing resource 202 to isolate the computing system, in response to determining that the computing system is restored, by restricting access to the computing system for any data traffic other than data traffic associated with a security fix and/or software update to be applied to the computing system. Furthermore, the instructions 210 when executed by the processing resource 202 may cause the processing resource 202 to determine if the security fix and/or the software update have been successfully applied to the computing system. Moreover, the instructions 212, when executed by the processing resource 202 may cause the processing resource 202 to remove the computing system from isolation in response to determining that the security fix and/or the software update have been successfully applied).
It would have been obvious to a person of ordinary skill in art before the effective filing date of the claimed invention to incorporate the teaching of Brebner into the method of Freedman to have a merge policy. Here, combining Brebner with Freedman which are both related to data backup and restore improves Freedman to provide a restore management system for providing secure restore of a computing system deployed in a workload environment (see Brebner paragraph [0002]).
Regarding claims 4, 12 and 20 Brebner expressly discloses, wherein … policy comprises, for a given resource of the selections of resources, a policy for restoring the given resource at the destination platform, wherein the policy comprises one of: overwrite, append, patch, and do not restore (see Brebner paragraph [0015], in response to determining that the computing system (e.g., the computing system 110C) is restored, the restore management system 104 may instruct the update management system 114 to initiate, based on a restore policy, application of the security fix, such as, a security patch or a security update; or a software update to the computing system 110C. In particular, in some examples, for a given computing system of the computing systems 110A-110D, the restore policy may define which type of updates (e.g., a security patch, a security update; or a software update) are to be applied when the given computing system is restored).
It would have been obvious to a person of ordinary skill in art before the effective filing date of the claimed invention to incorporate the teaching of Brebner into the method of Freedman to have a merge policy. Here, combining Brebner with Freedman which are both related to data backup and restore improves Freedman to provide a restore management system for providing secure restore of a computing system deployed in a workload environment (see Brebner paragraph [0002]).
Regarding claims 6, 14 and 22 Freedman expressly discloses, wherein to capture the backup of the application data of the application, the program instructions direct the computing apparatus to: generate a backup archive or a snapshot of the application data of the application; and persist the backup to one or more persistent volumes (see Freedman paragraph [0013], The backup status may include a latest snapshot or a most recent series of snapshots of resources already backed up for the device. In one embodiment, the metadata can reference data chunks stored in cloud services via 3.sup.rd party vendor(s) for the back up data of the device).
Regarding claims 8 , 16 and 24 Freedman expressly discloses, wherein the selected resources of the phase comprise a subset of the resources that does not include all of the resources of the application (see Freedman paragraph [0017], a method and apparatus are described herein to identify at least a first portion and a second portion of resources to restore back to a device. The first portion of the resources may be restored atomically to the device before the second portion of the resources. The device may not respond to at least one user input during the restoration of the first portion of the resources. If the restoring of the first portion is successful, the second portion of the resources may be restored. The device may respond to user input during the restoring of the second portion of the resources).
Claims 5, 13 and 21 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Freedman et al. (US 20150254137 A1) in view of Brebner et al. (US 20230011413 A1) in view Li et al. (US 9971655 B1) in view of Gopalan (US 20100146231 A1) in view of further in view of Ki et al (KR 20170141061 A).
Regarding claims 5, 13 and 21 Gopalan expressly discloses wherein to validate the selected resources of the phase at the destination platform, the program instructions further direct the computing apparatus to
perform a first comparison between one or more of checksums, hashes, and signatures of the backup of the application data and respective known values (see Gopalan paragraph [0026], The first hash value is retrieved from the second area 126 and compared to a second hash value generated from the backup image 130 to be restored. Based on this validation, the restore process proceeds or ends. If the validation is successful (the first hash value matches the second hash value), the restore process proceeds. If the validation is unsuccessful (the first hash value and the second hash value are different), the restore process ends).
It would have been obvious to a person of ordinary skill in art before the effective filing date of the claimed invention to incorporate the teaching of Gopalan into the method of Freedman to have a first comparison between one or more of checksums, hashes, and signatures of the backup of the application data and respective known values. Here, combining Gopalan with Freedman which are both related to data processing improves Freedman to provide the ability to perform authentication, so that the user may apply authorized images or store authorized data on the mobile computing device (see Gopalan paragraph [0002]).
Ki expressly discloses perform a second comparison between one or more or network settings and security keys of the backup of the application data and respective expected values (the coordinator 110 may use the hardware address of the searched wireless device 120 to determine whether the searched wireless device 120 belongs to a network member. Accordingly, the coordinator 110 requests the retrieved wireless device 120 a hardware address and receives the hardware address from the retrieved wireless device 120. [ The coordinator 110 assigns network configuration information such as a network identifier, a device identifier, and the like to the wireless device 120 determined to be a network member, and a security key. The coordinator 110 maps the network setting information and the security key allocated to the wireless device 120 to the hardware information of the wireless device 120 and stores the information).
It would have been obvious to a person of ordinary skill in art before the effective filing date of the claimed invention to incorporate the teaching of Ki into the method of Freedman to have one or more or network settings and security keys . Here, combining Ki n with Freedman which are both related to data processing improves Freedman to provide a system to be able to exchange data between wireless devices participating in the network so that the malicious user does not expose the security key used for information and encryption in the wireless network section (see Ki page 2).
Claims 7, 15 and 23 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Freedman et al. (US 20150254137 A1) in view of Brebner et al. (US 20230011413 A1) further in view Li et al. (US 9971655 B1) further in view of Menezes et al. (US 20230142346 A1).
Regarding claims 7, 15 and 23 Menezes expressly discloses, wherein the application is a containerized application executing on a Kubernetes cluster (see Menezes paragraph [0023], in cloud environments, and a reduction in onsite operational costs and load on resources. Additionally, some two-phase examples enable data protection systems that are able to monitor or provide an overview of disparate pods of clusters, such as Kubernetes clusters, and allow restoration of resources across clusters. Some two-phase examples allow a temporary increase in compute resources to conduct operations such as analyzing contents of a snapshot for ransomware detection, capacity planning, and so forth. Some two-phase examples allow data protection systems to include legacy onsite systems to provide continuous data protection, yet enable managed access to a cloud system for an overview of protected clusters).
It would have been obvious to a person of ordinary skill in art before the effective filing date of the claimed invention to incorporate the teaching of Brebner into the method of Freedman to have a merge policy. Here, combining Brebner with Freedman which are both related to data backup and restore improves Freedman to provide a restore management system for providing secure restore of a computing system deployed in a workload environment (see Brebner paragraph [0002]).
Claims 25-31 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Patnaik et al. (US 20170242599 A1) in view of Castro et al. (US 20140181025 A1) further in view Li et al. (US 9971655 B1).
Regarding claims 25, Patnaik discloses a method of operating a computing device, comprising:
maintaining a mirror of an application at a destination platform (see Patnaik paragraph [0018], a first storage controller, hosting first storage, may have a synchronous replication relationship with a second storage controller hosting second storage, such that an operation targeting the first storage may be replicated to the second storage before the operation is acknowledged back to a client; see Patnaik paragraph [0050], The replication operation may be sent to the second storage controller for remote implementation upon a replicated storage object within the second storage. The replicated storage object corresponds to a mirror/replica of the storage object. Responsive to the operation and the replication operation completing, an acknowledgement may be provided back to the client), wherein the
application is hosted at a source platform (see Patnaik paragraph [0018], a first storage controller, hosting first storage, may have a synchronous replication relationship with a second storage controller hosting second storage) and
detecting a failure of the application hosted at the source platform (see Patnaik paragraph [0057], The application consistent snapshot and/or the replication application consistent snapshot may be used to quickly recover the application, previously using the first storage, to use the second storage in the event the first storage controller fails or a failover command is received. Responsive to receiving the failover command or identifying the failure, a failover operation, from the first storage controller to the second storage controller for providing clients with failover access to replicated data within the second storage, may be performed); and
initiating a failover to the mirror of the application at the destination platform (see Patnaik paragraph [0057], The application consistent snapshot and/or the replication application consistent snapshot may be used to quickly recover the application, previously using the first storage, to use the second storage in the event the first storage controller fails or a failover command is received. Responsive to receiving the failover command or identifying the failure, a failover operation, from the first storage controller to the second storage controller for providing clients with failover access to replicated data within the second storage, may be performed).
Castro expressly discloses wherein maintaining the mirror comprises incrementally restoring resources of the application to the mirror at the destination platform (see Castro paragraph [0026],, the data library service 150 treats local platform storage (e.g., storage system 171) as a large cache, and performs incremental backups and restores of data 172 to one or more cloud storage providers 130… the data library service can be configured to mirror data (as indicated by mirror 165-1) between storage provider A and storage provider B so the data 172 is stored redundantly (that is, a copy of data 172 is stored on each of the providers 130 as data 132, where data 132-1 is the same as data 132-2), or the data library service 150 can be configured to split the data 172 into mutually exclusive sets of data 132-1, 132-2 stored and then partitioned on both providers (as indicated by stripe 165-2).
It would have been obvious to a person of ordinary skill in art before the effective filing date of the claimed invention to incorporate the teaching of Castro into the method of Patnaik to have incrementally restoring resources. Here, combining Castro with Patnaik which are both related to backup and restore of application improves Patnaik to offer high availability and little or no downtime in providing service (see Castro paragraph [0004]).
Li expressly discloses validate…by testing resource connectivity, verifying resource data integrity, and verifying dependencies of the resource with respect to others of the resources of the applications (see Li col. 13, lines 42-55, The validation phase specifies the validation processes to apply to the recovered application. Validating may include performing any replay or repair tasks necessary to ensure application consistency, playing back logs, replaying uncommitted log files against the recovered database, validating the completion of a replay, validating the completion of a repair, testing the application to validate correct operation, checking data files for corruption (e.g., physical corruption or logical corruption), verifying that a data file is in the correct directory, running consistency checks, attaching the recovered database to the application, connecting to the recovered database, verifying that a particular table is present and accessible, repairing corruptions, running checks, verifying that a particular process has started, verifying that a particular file is present, or combinations of these. There can be application-specific procedures to check the functional correctness of the application to guard against logical errors, data corruption, or both).
It would have been obvious to a person of ordinary skill in art before the effective filing date of the claimed invention to incorporate the teaching of Li into the method of Freedman to have testing resource connectivity, verifying resource data integrity, and verifying dependencies of the resource with respect to others of the resources of the applications. Here, combining Li with Freedman which are both related to data backup and restore improves Freedman to provide a system to better prepare backups in order to facilitate the recovery process should the need arise and to collect and measure metrics to ensure that a recovery, if needed, will meet the service level objectives (SLOs) (see Li col. 1, lines 35-40).
Regarding claims 26, Patnaik discloses wherein initiating the failover to the mirror of the application comprises promoting the mirror of the application to take over operations from the application (see Patnaik paragraph [0057], The application consistent snapshot and/or the replication application consistent snapshot may be used to quickly recover the application, previously using the first storage, to use the second storage in the event the first storage controller fails or a failover command is received. Responsive to receiving the failover command or identifying the failure, a failover operation, from the first storage controller to the second storage controller for providing clients with failover access to replicated data within the second storage, may be performed).
Regarding claims 27, Patnaik discloses, wherein initiating the failover to the mirror of the application further comprises directing data traffic from the source platform to the destination platform (see Patnaik paragraph [0057], The application consistent snapshot and/or the replication application consistent snapshot may be used to quickly recover the application, previously using the first storage, to use the second storage in the event the first storage controller fails or a failover command is received. Responsive to receiving the failover command or identifying the failure, a failover operation, from the first storage controller to the second storage controller for providing clients with failover access to replicated data within the second storage, may be performed).
Regarding claims 28, Patnaik discloses wherein … the resources of the application to the mirror at the destination platform comprises:
capturing a backup of application data of the application;
restoring resources of the application to the mirror at the destination platform based on the backup (see Patnaik paragraph [0065], The replication application consistent snapshot 524 may be used to efficiently and quickly (e.g., without performing rollbacks, roll forwards, and/or other time and resource intensive tasks) recover 556 the application 507 as a recovered application 554 that will utilize the second storage 510 in place of previously using the first storage 508 (e.g., the database application may now use the second storage 510 for maintaining the database). In an example, files and/or LUNs may be restored back to a consistent snapshot before access is provided to the application 507);
capturing a second backup of application data of the application (see Patnaik paragraph [0018], synchronous replication splits operations, targeting the first storage, into replication operations to target the second storage, as opposed to creating and using snapshots. Accordingly, as provided herein, snapshot create requests, targeting the first storage); and
restoring a subset of resources of the application to the mirror based on the second backup, wherein the subset includes at least one resource which was not
restored based on the backup (see Patnaik paragraph [0018], synchronous replication splits operations, targeting the first storage, into replication operations to target the second storage, as opposed to creating and using snapshots. Accordingly, as provided herein, snapshot create requests, targeting the first storage, are replicated to the second storage controller to create replication snapshots of the second storage as consistent points in time. Such snapshots may be compared for data integrity validation to verify that synchronous replication is accurately replicating data to the second storage while maintaining a write order dependency. Also, snapshots, created with application integrity and thereby capturing application consistent point-in-time states, may be used to quickly recover an application. In this way, crash consistent snapshots may be periodically created by a snapshot creation policy defined on a storage device for data integrity checking. Data integrity checking may utilize any common snapshot and may not rely upon application integration. Application consistent snapshots may be created (e.g., by an application aware plugin at application consistent times) for data integrity checking and faster application recovery).
Castro expressly discloses wherein maintaining the mirror comprises incrementally restoring resources of the application to the mirror at the destination platform (see Castro paragraph [0026],, the data library service 150 treats local platform storage (e.g., storage system 171) as a large cache, and performs incremental backups and restores of data 172 to one or more cloud storage providers 130… the data library service can be configured to mirror data (as indicated by mirror 165-1) between storage provider A and storage provider B so the data 172 is stored redundantly (that is, a copy of data 172 is stored on each of the providers 130 as data 132, where data 132-1 is the same as data 132-2), or the data library service 150 can be configured to split the data 172 into mutually exclusive sets of data 132-1, 132-2 stored and then partitioned on both providers (as indicated by stripe 165-2).
It would have been obvious to a person of ordinary skill in art before the effective filing date of the claimed invention to incorporate the teaching of Castro into the method of Patnaik to have incrementally restoring resources. Here, combining Castro with Patnaik which are both related to backup and restore of application improves Patnaik to offer high availability and little or no downtime in providing service (see Castro paragraph [0004]).
Regarding claims 29, Patnaik discloses, wherein the second backup comprises changes in the application data since the backup was captured (see Patnaik paragraph [0018], synchronous replication splits operations, targeting the first storage, into replication operations to target the second storage, as opposed to creating and using snapshots. Accordingly, as provided herein, snapshot create requests, targeting the first storage, are replicated to the second storage controller to create replication snapshots of the second storage as consistent points in time. Such snapshots may be compared for data integrity validation to verify that synchronous replication is accurately replicating data to the second storage while maintaining a write order dependency. Also, snapshots, created with application integrity and thereby capturing application consistent point-in-time states, may be used to quickly recover an application. In this way, crash consistent snapshots may be periodically created by a snapshot creation policy defined on a storage device for data integrity checking. Data integrity checking may utilize any common snapshot and may not rely upon application integration. Application consistent snapshots may be created (e.g., by an application aware plugin at application consistent times) for data integrity checking and faster application recovery).
Regarding claims 30, Patnaik discloses validating the subset of resources at the
destination platform (see Patnaik paragraph [0061], in an example of data integrity validation, the snapshot 422 and the replication snapshot 424 may be evaluated to determine whether data of the first storage 408 and the second storage 410 was the same (e.g., synchronous replication was working correctly to replicate operations, targeting the first storage 408, to the second storage 410) or different (e.g., the synchronous replication was not working correctly, and thus troubleshooting may be performed) when the snapshots were created. In an example of dependent write order consistency verification, the content of the snapshot 422 and the replication snapshot 424 may be evaluated to determine whether replicated operations were being implemented upon the second storage 410 is a correct order to preserve dependencies between operations).
Regarding claims 31, Patnaik discloses wherein restoring resources of the application to the mirror comprises restoring one or more namespaces of the application to the mirror (see Patnaik paragraph [0061], the operating system 208 can often establish one or more file systems on the data storage system 200, where a file system can include software code and data structures that implement a persistent hierarchical namespace of files and directories, for example. As an example, when a new data storage device (not shown) is added to a clustered network system).
Claim 32 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Patnaik et al. (US 20170242599 A1) in view of Castro et al. (US 20140181025 A1) in view of Li et al. (US 9971655 B1) further in view of Menezes et al. (US 20230142346 A1)..
Regarding claim 32, Menezes expressly discloses wherein the source platform comprises a Kubernetes cluster (see Menezes paragraph [0023], in cloud environments, and a reduction in onsite operational costs and load on resources. Additionally, some two-phase examples enable data protection systems that are able to monitor or provide an overview of disparate pods of clusters, such as Kubernetes clusters, and allow restoration of resources across clusters. Some two-phase examples allow a temporary increase in compute resources to conduct operations such as analyzing contents of a snapshot for ransomware detection, capacity planning, and so forth. Some two-phase examples allow data protection systems to include legacy onsite systems to provide continuous data protection, yet enable managed access to a cloud system for an overview of protected clusters).
It would have been obvious to a person of ordinary skill in art before the effective filing date of the claimed invention to incorporate the teaching of Brebner into the method of Freedman to have a merge policy. Here, combining Brebner with Freedman which are both related to back and restore improves Freedman to provide a restore management system for providing secure restore of a computing system deployed in a workload environment (see Brebner paragraph [0002]).
Remarks
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ramesh (US 20150026424 A1) discloses techniques to perform efficient change logging in a system that uses a multi-phase transfer of information from the storage volume to the backup volume. As mentioned above, the first phase includes transferring the data blocks from the source (storage volume) to the destination (backup volume). In one example, a backup manager application at the storage server and/or a deduplication engine at a backup device creates fingerprints of the blocks that are transferred..
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DINKU W GEBRESENBET whose telephone number is (571)270-1636. The examiner can normally be reached between 8:00AM-5:00PM.
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/DINKU W GEBRESENBET/Primary Examiner, Art Unit 2164