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 .
The action is responsive to Applicant’s Amendment filed on 12/29/2022.
Claims 1-19 and 21 are pending.
Claim 20 is cancelled.
Response to Arguments
Applicant’s arguments with respect to the rejections previously made and the amended claims filed on 12/29/2025 have been fully considered but they are not persuasive. In view of the claim amendment and upon further consideration, the objections and rejections are being updated accordingly.
Priority
Applicant’s arguments have been considered.
In response to the remarks, it is submitted that the application is being examined with no date benefit of U.S. Patent Application No. 14/768,685 given until the proper priority document(s) is in record.
Claim objections
Applicant’s arguments have been considered.
In response to the arguments, it is submitted that the amendments raise new issues; see objections below for detail.
Double Patenting
Applicant’s arguments have been considered.
In response to the arguments, it is submitted that the rejections are maintained; see the updated rejection and mappings below for detail.
Claim Rejections Under 35 USC § 101
Applicant’s arguments have been considered.
In response to the arguments, it is submitted that all the steps in the claims—including the steps in the newly added limitations—may be performed mentally. A newly added limitations of “(i) when a file is added to the VSS by either a first or a second user. each existing application already in the VSS automatically takes the added file as an input or as an additional input, and re-runs the application to generate one or more new outputs; or (ii) when an application is added to the VSS by either the first or the second user, the application automatically takes each existing file and application in the VSS as an input or an additional input, and processes
those inputs or additional inputs to generate one or more new outputs” do not provide improvement to computer field because the limitations are merely directed to an update a data process as new data being added, and the newly added data being a file or an application. The update data process uses as input in the updated data process to generate an output, which is similar to data update which can be performed mentally. Such data update process provides no improvement in the computing field since any generic computing device may be used to perform such generic operation of re-running a program or process using existing and newly added data when new data is being added.
Also, it is submitted that the amended claims recite a mental process of having steps (e.g. providing a space, provide access and an user interface, re-run the application, process inputs) is similar to mental processes of concepts performed in the human mind (including an observation, evaluation, judgment, opinion).The process further emphasizes the mental concepts of what the user system may be able do (e.g. may deposit or add least one virtual” as cited in the independent claims), and what the user systems can do (e.g. can provide virtual file as cited in claim 4). Mental processes are directed to one of the groupings of abstract ideas according to Prong One in Step 2A of the 2019 Patent Subject Matter Eligibility Guidance since each of the claimed steps may be could be done mentally based on data processing ideas,
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Additional elements (e.g. virtual files, files, virtual application, application, consumers, employees, matrix, context, property) are directed to types of information, which do not impose a meaningful limit on the judicial exception, such that the claims are more than a drafting effort design to monopolize exception, because the claimed steps could be performed in a same manner to achieve the same outcome with other types of information other than the ones being used in the claims.
Also, the amended limitations of “wherein, at least one of:(i) when a file is added to the VSS by either a first or a second user, each existing application already in the VSS automatically takes the added file as an input or as an additional input, and re-runs the application to generate one or more new outputs; or (ii) when an application is added to the VSS by either the first or the second user, the application automatically takes each existing file and application in the VSS as an input or an additional input, and processes those inputs or additional inputs to generate one or more new outputs” are recite insignificant extra-solution activities in a computing field at Step 2A Prong Two. The limitations are merely directed to adding new data (e.g. file or application), and using the added data as input to generate output the usage of an application.
Hence, the claims do not include additional elements or the combination of the elements are sufficient to amount to significantly more than the judicial exception and fail to integrate the judicial exception into practical application according to Prong Two in Step 2A of the 2019 Patent Subject Matter Eligibility Guidance because the claimed elements or their combination do not impose any meaningful limits on practicing the abstract idea.
Further, in view of Step 2B of the 2019 Patent Subject Matter Eligibility Guidance, it is determined that the computing elements (e.g. user interface, a processor, a display, a memory) in the claims amount to no more than usage of a generic computing system having a generic computing components to perform the steps of the mental processes and generic computing functions that are being considered insignificant extra-solution activities. Such usage fails to provide an inventive concept or significantly more than abstract idea because the elements do not necessary improve the functional of a computing system or an improvement to a technical field since network computing is well known.
Thus, for at least the reasoning above, the pending claims are not patent eligible.
Rejections Under 35 U.S.C. & 112
Applicant’s arguments have been considered.
In response to the arguments, it is submitted that the amendments raise new issues; see rejections below for detail.
Rejections Under 35 U.S.C. & 102
Applicant’s arguments directed to cited prior art fails to disclose the amended claims 1 and 17--specifically the newly added amended limitations--have been considered.
In response to the arguments, it is submitted that the claims may be intended to features (e.g. context feature) described in the specification (e.g. para [0050-0060]) and drawings (e.g. 101F.3 and 1.1F.4) as indicated by the Applicant in pages 13-16 of the remarks.
However, as stated in MPEP 2111, while claims are given their broadest reasonable interpretation consistent with the specification, it is improper to import claim limitations from the specification. Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitation that are not part of the claim.
Nowhere in claims 1 and 17 recite any limitation on context features or content when the context is lent by an application to existing files in the VSS or vice versa, nor concept from Applicant’s citation. Hence, they are not required to be addressed by any cited references.
Also, it is submitted that the amended claims 1 and 17 are properly addressed by the updated rejections, and reason is set forth in the rejections. See rejections below for detail.
Furthermore, it is submitted that all limitations in claims--including those not specifically addressed in the Applicant’s remarks--are properly addressed. The reason is set forth in the rejections; see below for detail.
Priority
While the specification originally filed on 5/31/2024 and the substitute specification filed 11/18/2024 both stated that “this application is a continuation of continuation of U.S. Patent Application No. 14/768,685, filed on August 18, 2015, which is a U.S. national stage application of PCT/ US2014/017517, filed on February 20, 2014 (the “PCT Application”). This application also claims the benefit of United States Provisional Patent Application Nos. 61/766,917, filed on February 20, 2013, and 61/792,076, filed on March 15, 2013, each of which the PCT Application claims the benefit of”
However, this application fails to provide an Application Data sheet or an adequate support document claiming benefits of U.S. Patent Application No. 14/768,685 properly. Hence the claims are not given the date benefit of U.S. Patent Application No. 14/768,685.
Claim Objections
Claim 7 is objected to because of the following informalities: improper claim status of “Currently amended” for a claim with no amendment. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-19 and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,003,579 (Appl. No. 14/768,685).
Although the claims at issue are not identical, they are not patentably distinct from each other because both are directed to similar invention with similar limitations as demonstrated in the table below:
Claims 1-16 of instant application recite similar limitations as claim 17-20, hence claims 1-16 are being used as representative for demonstration in the table below.
Similarly, claims 1-9 of U.S. Patent No. 12,003,579 recite similar to limitations as claims 10-20. Hence claims 1-9 are being used as representative for demonstration in the table below.
Instant Application
U.S. Patent No. 12,003,579
1. A method, comprising:
providing a virtual storage space("VSS");
providing access to the VSS to at least two user systems;
providing a user interface by which each of the user systems accesses the VSS and may deposit into, exchange or execute at least one of virtual files and virtual applications within the VSS;
wherein each of the one or more user interfaces operates independently of a user's device hardware and operating system, and
wherein, at least one of:
(i) when a file is added to the VSS by either a first or a second user, each existing application already in the VSS automatically takes the added file as an input or as an additional input, and re-runs the application to generate one or more new outputs; or
(ii) when an application is added to the VSS by either the first or the second user, the application automatically takes each existing file and application in the VSS as an input or an additional input, and processes those inputs or additional inputs to generate one or more new outputs.
2. The method of claim 1, wherein the at least two user systems are systems operated by one or more of consumers, employees or principals of enterprises, friends of consumers, software "bots" and partners of enterprise employees or principals.
3. The method of claim 1, further comprising at least one additional VSS linking one of the at least two user systems and a third party user system.
4. The method of claim 1, wherein any of the at least two user systems can provide virtual files, objects, data, applications and web page links to any other of the at least two persons across the shared virtual storage space.
5. The method of claim 2, wherein any user systems with access to a same VSS can import, export, exchange, delete, and execute virtual flies, objects and applications.
6. The method of claim 4, wherein only a virtual file or application is stored in the virtual storage space, an original remaining on a server or cloud storage of the user system who owns it.
7. The method of claim 4, wherein a virtual mapping of files and applications is stored in a database associated with one of the at least two persons.
8. The method of claim 7, wherein the database is one of an enterprise database, an enterprise partner database and a consumer database.
9. The method of claim 1, further comprising at least one additional virtual storage space, such that in a matrix of virtual storage spaces there is an enterprise zone and a consumer zone.
10. The method of claim 9, wherein different parties set privacy types in each of the consumer and enterprise zones.
11. The method of claim 4, wherein an application added to a VSS can add context.
12. The method of clam 11, wherein said context includes modifying a property of, or obtaining an output relating to, at least one file or object already in the VSS.
13. The method of claim 11, wherein the conjunction of applications and users in the VSS creates context amongst them.
14. The method of claim 11, wherein new applications and files can be added to VSSs already containing applications and files.
15. The method of claim 14, wherein said new applications and files, and any previous applications and files add context to each other.
16. The method of claim 1, wherein said VSS is a virtual representation of a storage space in one of a database, a memory, a data structure and a dynamically allocated memory.
1. A method, comprising:
providing a virtual storage space (VSS);
providing access to the VSS to at least two user systems,
providing a user interface (UI) for the VSS, through which a first user may place at least one of virtual files and virtual applications in the VSS, there being only one actual copy of any file or application that a virtual file or application placed in the VSS represents, the single actual copy being stored on a single server;
receiving an indication from a second user, who has accessed the VSS, to open the at least one file or application;
in response to the indication, opening the at least one file or application for the second user without downloading the at least one file or application to the second user's local system;
in response to a file added to the VSS by a user, each existing application in the VSS automatically taking the added file as an input or as an additional input, as appropriate, and re-running the application to generate one or more new outputs; and
in response to an application added to the VSS by a user, the added application automatically taking each existing file in the VSS as an input or an additional input, as appropriate, and processing those inputs or additional inputs to generate one or more new outputs.
2. The method of claim 1, wherein the at least two users are one or more of consumers, employees or principals of enterprises, friends of consumers, software “bots” and partners of enterprise employees or principals.
3. The method of claim 1, further comprising providing at least one additional VSS linking one of the at least two users and a third party.
4. The method of claim 1, wherein at least one of: the virtual file or virtual application is interacted with by non-owners of the actual underlying application or file via an image in their user interface that represents the actual file, a virtual mapping of files and applications is stored in a database associated with one of the at least two users, or a virtual mapping of files and applications is stored in a database associated with one of the at least two users and the database is one of an enterprise database, an enterprise partner database and a consumer database.
5. The method of claim 1, further comprising providing either: at least one additional VSS, such that in a matrix of virtual storage spaces there is an enterprise zone and a consumer zone, or at least one additional VSS, such that in a matrix of VSSs there is an enterprise zone and a consumer zone, wherein different parties set privacy types in each of the consumer and enterprise zones.
6. The method of claim 1, VSS further comprising: in response to an application added to the VSS by a user that takes the users in the VSS as its inputs, the added application automatically processing the users to generate one or more new outputs.
7. The method of claim 1, wherein said virtual applications or virtual files include one or more of photos, videos, text files, images, HTML pages, portions of web pages, and URLs.
8. The method of claim 1, wherein at least one of: the user interface includes a main screen displaying the contents of the VSS, and one or more side screens; or the user interface includes a main screen displaying the contents of the VSS, and one or more side screens, and said one or more side screens include client chat and a depiction of the contents of the user's cloud storage.
9. The method of claim 1, wherein said VSS is a virtual representation of a storage space in one of a database, a memory, a data structure and a dynamically allocated memory.
As demonstrated by the mappings in the table above, U.S. Patent No 12,003,579 discloses or renders obvious all the features of the claims of the instant application.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-19 and 21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
The amended claims recite a process comprising steps of “providing a virtual storage space, providing access to virtual storage space to at least two user systems, providing a user interface by which the user which each of the user systems accesses the VSS and may deposit into, exchange or execute at least one of virtual files and virtual applications within the VSS”. The process also comprising at least one of adding a file or an application to the virtual storge to generate respective outputs.
The claimed process is similar to mental processes of concepts performed in the human mind (including an observation, evaluation, judgment, opinion). The claimed process further emphasizes the mental concepts of what the user system may be able do (e.g. may deposit or add least one virtual” as cited in the independent claims), and what the user systems can do (e.g. can provide virtual file as cited in claim 4). Mental processes are directed to one of the groupings of abstract ideas according to Prong One in Step 2A of the 2019 Patent Subject Matter Eligibility Guidance since each of the claimed steps may be could be done mentally based on data processing ideas,
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Additional elements (e.g. virtual files, files, virtual application, application, consumers, employees, matrix, context, property) are directed to types of information, which do not impose a meaningful limit on the judicial exception, such that the claims are more than a drafting effort design to monopolize exception, because the claimed steps could be performed in a same manner to achieve the same outcome with other types of information other than the ones being used in the claims.
Also, the amended limitations of “wherein, at least one of:(i) when a file is added to the VSS by either a first or a second user, each existing application already in the VSS automatically takes the added file as an input or as an additional input, and re-runs the application to generate one or more new outputs; or (ii) when an application is added to the VSS by either the first or the second user, the application automatically takes each existing file and application in the VSS as an input or an additional input, and processes those inputs or additional inputs to generate one or more new outputs” are recite insignificant extra-solution activities in a computing field at Step 2A Prong Two. The limitations are merely directed to adding new data (e.g. file or application), and using the added data as input to generate output the usage of an application.
Hence, the claims do not include additional elements or the combination of the elements are sufficient to amount to significantly more than the judicial exception and fail to integrate the judicial exception into practical application according to Prong Two in Step 2A of the 2019 Patent Subject Matter Eligibility Guidance because the claimed elements or their combination do not impose any meaningful limits on practicing the abstract idea.
Further, in view of Step 2B of the 2019 Patent Subject Matter Eligibility Guidance, it is determined that the computing elements (e.g. user interface, a processor, a display, a memory) in the claims amount to no more than usage of a generic computing system having a generic computing components to perform the steps of the mental processes and generic computing functions that are being considered insignificant extra-solution activities. Such usage fails to provide an inventive concept or significantly more than abstract idea because the elements do not necessary improve the functional of a computing system or an improvement to a technical field since network computing is well known.
Thus, for at least the reasoning above, the pending claims are not patent eligible.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-19 and 21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the one or more user interfaces" in “wherein each of the one or more user interfaces operates…”. There is insufficient antecedent basis for this limitation in the claim rendering the claim being indefinite.
Claim 4 further recites the limitations “the at least two persons" and “the shared virtual storage space”. There is insufficient antecedent basis for these limitations in the claim rendering the claim being indefinite.
Claim 6 further recites the limitation "the user system". There is insufficient antecedent basis for this limitation in the claim rendering the claim being indefinite.
Claim 7 further recites the limitation “the at least two persons". There is insufficient antecedent basis for this limitation in the claim rendering the claim being indefinite.
Claim 13 further recites the limitation "the conjunction of applications". There is insufficient antecedent basis for the limitation in the claim rendering the claim being indefinite.
Claim 17 recites the limitations "the persons" the provide step, and “the one or more person’ user interfaces” in “wherein each of the one or more persons’ user interfaces operates…” There is insufficient antecedent basis for these limitations in the claim rendering the claim being indefinite.
Claim 21 recites the limitation "the original". There is insufficient antecedent basis for the limitation in the claim rendering the claim being indefinite.
Any claim not specifically addressed is being rejected for incorporate the deficiency of the claim it depends on.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-19 and 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Barrall et al (Pub No. US 2013/0290464, hereinafter Barrall).
Barrall is cited in the previous office action.
With respect to claim 1, Barrall discloses a method (abstract), comprising:
providing a virtual storage space("VSS") ([0004-0005]: provide a virtual space storage VSS having virtual containers for users manage by a central service, as networked storage space having a plurality of virtual containers shown in Fig 1-2 and shown in Table 1 in [0074-0075], as further described in [0072-0075]);
providing access to the VSS to at least two user systems ([0068-0069],Fig 1-4: provide access to the VSS to at least two user systems represented by at least two user with respective client devices that access files in a network);
providing a user interface by which each of the user systems accesses the VSS and may deposit into, exchange or execute at least one of virtual files and virtual applications within the VSS (the term “or” indicates options and only one of the listed is needed. Similarly, the phase “at least one of” indicates that there could be just one or more, which means only need one of the listed to read on read on the limitations; Also the term “may” indicates a possibility but not required to happen, which means it is not required for the deposit into, exchange or execute to occur as long as there’s possibility that one of them could be occurred; [0068-0069], Fig 2-4 & 19-43: provide provide user interface via central service W, by which each of the client devices to access the virtual storage space using user interface GUI, and user system may deposit file with adding data file, exchange virtual files represented by the data in one or more virtual containers, or execute virtual applications of the virtual containers via replication/replication processing in the network, as further disclosed in [0088], [0146-050], [0150], [0196-0201]);
wherein each of the one or more user interfaces operates independently of a user's device hardware and operating system (the limitation is directed to non-functional descriptive material that describes the user interface, which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless and hence has no patentable weight; [0006], Fig 1-4 & 5-6: each of the client devices having hardware and operating system with respective user interface that provide user access to shared data via a network such as and not limited to a peer-to-peer network, and each peer represents a person with its own computing device, as further described in [0068], [0131], [0131]), and
wherein, at least one of (the term “at least one of” indicates that there could be just one or more, which means only need one of the listed to read on read on the limitations. Also the term “or” below further indicates options and only need one of the listed to read on the limitations):
(i) when a file is added to the VSS by either a first or a second user, each existing application already in the VSS automatically takes the added file as an input or as an additional input, and re-runs the application to generate one or more new outputs (the limitations are directed non-functional descriptive materials that describes what the file being added is and the application is doing. Neither the file nor the application would impact the functionalities of the steps of the claimed method. All the steps would be performed the same regardless of what the added file or application is doing; [0071], [0091-0092]: when adding a filet to VSS, the existing application takes the added file as input to generate one or more output, such as generate linking, generate relationship information, synchronize/replicate automatically, as further described in [0194-0200]); or
(ii) when an application is added to the VSS by either the first or the second user, the application automatically takes each existing file and application in the VSS as an input or an additional input, and processes those inputs or additional inputs to generate one or more new outputs (the limitations are directed non-functional descriptive materials that describes what the application being add is. Neither the added application, or existing file or the input/output would impact the functionalities of the steps of the claimed method. All the steps would be performed the same regardless of what the added application is; [0071-0073]: when a application, such as a virtual container is being added, the application takes input file data and processes the input to generate output, including but not limited to outputs of linking containers, establish relationships, synchronization file data with data sharing, as further described in [0064] & [0156-0157]).
With respect to claim 17, Barrall discloses a system for content item purging on a user device (abstract), comprising:
at least one processor (Fig 1 & 6 & 45);
a display (Fig 1 & 6 & 45); and
memory containing instructions (Fig 1 & 6 & 45) that, when executed, cause the at least one processor to:
provide a virtual storage space ([0004-0005]: provide a virtual space storage VSS having virtual containers for users manage by a central service, as networked storage space having a plurality of virtual containers shown in Fig 1-2 and shown in Table 1 in [0074-0075], as further described in [0072-0075]);
provide access to the virtual storage space ("VSS") to at least two persons ([0068-0069],Fig 1-4: provide access to the VSS to at least two users each with a user system represented by at least two user with respective client devices that access files in a network);
provide a user interface by which each of the persons accesses the virtual storage space and may add virtual files and applications (the term “may” indicates a possibility but not required to happen, which means it is not required for the deposit into, exchange or execute to occur as long as there’s possibility that one of them could be occurred; [0068-0069], Fig 2-4 & 19-43: Fig 2-4 & 19-43: provide user interface via central service W by which each of the users/persons access the virtual storage space and add (i) virtual file such as and not limited to linking to storage appliances with data in one or more virtual containers and (ii)applications such as and not limited to add backup, synchronization, replication, transporter & virtual local drive applications in a network, as further disclosed in [0088], [0146-050], [0150], [0196-0201]);
wherein each of the one or more persons' user interfaces operates independently of a user's device hardware and operating system (the limitation is directed to non-functional descriptive material that describes the user interface, which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless and hence has no patentable weight; [0006], Fig 1-4 & 5-6: each of the client devices having hardware and operating system with respective user interface that provide user access to shared data via a network such as and not limited to a peer-to-peer network, and each peer represents a person with its own computing device, as further described in [0068], [0131], [0131]), and
wherein, at least one of(the term “at least one of” indicates that there could be just one or more, which means only need one of the listed to read on read on the limitations. Also the term “or” below further indicates options and only need one of the listed to read on the limitations):
(i) when a file is added to the VSS by either a first or a second user, each existing application already in the VSS automatically takes the added file as an input or as an additional input, and re-runs the application to generate one or more new outputs(the limitations are directed non-functional descriptive materials that describes what the file being added is and the application is doing. Neither the file nor the application would impact the functionalities of the steps of the claimed method. All the steps would be performed the same regardless of what the added file or application is doing; [0071], [0091-0092]: when adding a filet to VSS, the existing application takes the added file as input to generate one or more output, such as generate linking, generate relationship information, synchronize/replicate automatically, as further described in [0194-0200]); or
(ii) when an application is added to the VSS by either the first or the second user, the application automatically takes each existing file and application in the VSS as an input or an additional input, and processes those inputs or additional inputs to generate one or more new outputs (the limitations are directed non-functional descriptive materials that describes what the application being add is. Neither the added application, or existing file or the input/output would impact the functionalities of the steps of the claimed method. All the steps would be performed the same regardless of what the added application is; [0071-0073]: when a application, such as a virtual container is being added, the application takes input file data and processes the input to generate output, including but not limited to outputs of linking containers, establish relationships, synchronization file data with data sharing, as further described in [0064] & [0156-0157]).
With respect to claim 2, Barrall further discloses wherein the at least two user systems are systems operated by one or more of consumers, employees or principals of enterprises, friends of consumers, software "bots" and partners of enterprise employees or principals (the limitation is directed to non-functional descriptive material that describes at least two person are, which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless and hence has no patentable weight; [0061], [0068], [0155-0156]: the user system are operated by users, including but not limited people that can be any one of listed such as consumers, friends that consume the shared data/files).
With respect to claim 3, Barrall further discloses at least one additional VSS linking one of the at least two user systems and a third party user system (the limitation is directed to non-functional descriptive material that describes at additional virtual storage space which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless and hence has no patentable weight; [0068], [0116-0118], [0133], [0155-0156], Fig 1-6 & 45-46: add additional virtual storage space linking client devices, and the 3rd party, such as and not limited to a 3rd party represented by an application or service ).
With respect to claim 4, Barrall further discloses wherein any of the at least two user systems can provide virtual files, objects, data, applications and web page links to any other of the at least two persons across the shared virtual storage space (the limitation is directed to non-functional descriptive material that describes what the two user systems are, which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless. Also, the term “can” indicate a capability and not necessary indicating that the function of provision is being performed; [0064], [0068], [0092], [0116-0118], [0133], [0155-0156], Fig 1-6 & 45-46: each user system represented by a respective client device provides files links to others across the shared virtual storage space via sharing).
With respect to claim 5, Barrall further discloses wherein any user systems with access to a same VSS can import, export, exchange, delete, and execute virtual flies, objects and applications (the limitation is directed to non-functional descriptive material that describes what the user systems are, which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless. Also, the term “can” indicate a capability and not necessary indicating that the functions listed, e.g. export, would be performed; [0064], [0068], [0092], [0116-0118], [0133], [0155-0156], Fig 1-6 & 45-46: the user systems represented by client devices can access the file with updating and listed functions via data management and sharing).
With respect to claims 6 and 21, Barrall further discloses wherein only a virtual file or application is stored in the virtual storage space, an original remaining on a server or cloud storage of the user system who owns it (the limitation is directed to non-functional descriptive material that describes the virtual file or application is, which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless.; [0060], [0073], [0092], [0118], [0136-0137], [0166-0169], Fig 5-6 & 45-46: select files to store in the virtual storage and the original remains at least in the server of data owner).
With respect to claims 16 and 18, Barrall further discloses wherein said VSS is a virtual representation of a storage space in one of a database, a memory, a data structure and a dynamically allocated memory (the limitation is directed to non-functional descriptive material that describes the virtual storage space is which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless; [0060], [0087], [0129-0131], Fig 1-6 & 44-46: storage space in at least a data structure of a network)
With respect to claims 7 and 19, Barrall further discloses wherein a virtual mapping of files and applications is stored in a database associated with one of the at least two persons (the limitation is directed to non-functional descriptive material that describes a virtual mapping is, which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless.; [0060], [0087], [0129-0131], Fig 5-6 & 44-46: store a virtual mapping via linking in a database represented by a storge/relationship associated with the persons/users).
With respect to claim 8, Barrall further discloses wherein the database is one of an enterprise database, an enterprise partner database and a consumer database (the limitation is directed to non-functional descriptive material that describes a database is, which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless, and a title of each database is intended use and has no patentable weight; [0087], [0129-0131], Fig 7 & 44-46: a database is at least a consumer database that is being used users/persons that consume the data and/or services).
With respect to claim 9, Barrall further discloses at least one additional virtual storage space, such that in a matrix of virtual storage spaces there is an enterprise zone and a consumer zone (the limitation is directed to non-functional descriptive material that describes a addition virtual storage is , which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless, a title of each zone is merely intended use with a data information and such has no patentable weight; [0060-0061], [0068], [0073], [0154-0155], [0166-0171], Fig5- 7 & 44-46: matrix with enterprise and consumer zones represented by the data provider and one accessing the provided data in its own respective zone).
With respect to claim 10, Barrall further discloses wherein different parties set privacy types in each of the consumer and enterprise zones (the limitation is directed to non-functional descriptive material that describes a addition virtual storage is , which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless, a title of each zone is merely intended use with a data information and such has no patentable weight; [0060-0061], [0064], [0068], [0073], [0093], [0154-0155], [0166-0171], Fig5- 7 & 44-46: enterprise and consumer zones represented by the data provider and one accessing the provided data in its own respective zone with privacy as set forth factors such as and not limited to level of sharing, authentication).
With respect to claim 11, Barrall further discloses wherein an application added to a VSS can add context (the limitation is directed to non-functional descriptive material that describes an application which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless, and the term “can” indicate a capability and not necessary indicating that context adding is being performed; [0070-0072], [0099-0101], [0115-0116], [0201]: an application can add context, such as and not limited to linking, relationship)
With respect to claim 12, Barrall further discloses wherein said context includes modifying a property of, or obtaining an output relating to, at least one file or object already in the VSS (the limitation is directed to non-functional descriptive material that describes a context which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless; [0070-0072], [0099-0101], [0115-0116], [0201], Fig 16-44: the context includes modify a property or obtain output of file as the configuration is being changed with the addition).
With respect to claim 13, Barrall further discloses wherein the conjunction of applications and users in the VSS creates context amongst them (the limitation is directed to non-functional descriptive material that describes a conjunction which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless; [0070-0072], [0099-0101], [0115-0116], [0155-0157], [0201], Fig 16-44: the applications and user create context via account, linking and relationship configuration).
With respect to claim 14, Barrall further discloses wherein new applications and files can be added to VSSs already containing applications and files (the limitation is directed to non-functional descriptive material that describes application, file and virtual storage space which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless; the term “can” indicate a capability and not necessary indicating that the adding is being performed; [0070-0072], [0099-0101], [0115-0116], [0155-0157], [0201], Fig 16-44: adding file can be added to a virtual storage space with files and application based on user selection and/or configuration).
With respect to claim 15, Barrall further discloses wherein said new applications and files, and any previous applications and files add context to each other (the limitation is directed to non-functional descriptive material that describes application and file which does not impact any of the claimed steps as all the steps would be performed the same with the same outcome regardless; [0070-0072], [0099-0101], [0115-0116], [0155-0157], [0201], Fig 16-44: combining old and new together as the file/application/data are being updated)
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 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.
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/MICHELLE N OWYANG/Primary Examiner, Art Unit 2168