Prosecution Insights
Last updated: April 19, 2026
Application No. 18/762,977

OPERATING SYSTEMS CONFIGURED FOR CREATING AND LOADING A STORAGE HIGH AVAILABILITY SOLUTION CONFIGURATION

Non-Final OA §102
Filed
Jul 03, 2024
Examiner
PANDEY, KESHAB R
Art Unit
2176
Tech Center
2100 — Computer Architecture & Software
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
316 granted / 361 resolved
+32.5% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
11 currently pending
Career history
372
Total Applications
across all art units

Statute-Specific Performance

§101
9.5%
-30.5% vs TC avg
§103
46.4%
+6.4% vs TC avg
§102
15.1%
-24.9% vs TC avg
§112
18.1%
-21.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 361 resolved cases

Office Action

§102
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 . Claim Rejections - 35 USC § 102 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 15-19 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Shut et al [20130124916] As to claim 15, Shut et al [20130124916] teach A system comprising: a replication manager server; a group of computing systems, wherein each computing system comprises an operating system; a first volume group communicatively coupled to the group of computing systems[0021: “one embodiment of the overall operation of system 100 shown in FIG. 1 (again where there are only two data centers each having three data store servers thereon) during fail over operation, which occurs when one of the database servers or a data center fails. At the outset, the databases are laid out in the data centers so that there are primary and secondary local mirrors of the databases as well as remote, asynchronous replicas of the various databases. This is indicated by block 200 in FIG. 2 ”] ], wherein the first volume group comprises multiple volumes [0021; “one embodiment of an initial layout of the availability groups across both data centers 102 and 104 and all six data store servers 108, 110, 112, 120, 122 and 124. FIG. 3A shows where each primary and secondary copy of each availability group is maintained, as well as where first and second asynchronous replicas of that availability group are maintained as well. Laying out the primary and secondary local mirrors of each availability group as well as remote asynchronous replicas is indicated by block 200 in FIG. 2.”]; and a second volume group communicatively coupled to the group of computing systems and separate from the first volume group, wherein the second volume group is a copy of the first volume group configuration [ 0024: “assume that data store server 108 in data center 102 fails. In this case, each of the remaining data store servers 110 and 112 will take over the operations of data store server 108 and the load from data store 108 will be balanced equally across both local servers 110 and 112. This is indicated by block 208 in FIG. 2. If more than one data store server fails on a given data center (for instance) then all of the primary and secondary replicas of the availability groups on that given data center will be transferred to another data center and spread evenly across the data store servers that are operational on that data center.”]. As to claim 16, Shutt teaches a third volume group communicatively coupled to the group of computing systems and separate from the first volume group and the second volume group, wherein the third volume group is another copy of the first volume group for replication redundancy. [ 0024: “assume that data store server 108 in data center 102 fails. In this case, each of the remaining data store servers 110 and 112 will take over the operations of data store server 108 and the load from data store 108 will be balanced equally across both local servers 110 and 112. This is indicated by block 208 in FIG. 2. If more than one data store server fails on a given data center (for instance) then all of the primary and secondary replicas of the availability groups on that given data center will be transferred to another data center and spread evenly across the data store servers that are operational on that data center.”]. As to claim 17, Shutt teaches each of the first volume group and the second volume group is located at a different physical site [0021; “one embodiment of an initial layout of the availability groups across both data centers 102 and 104 and all six data store servers 108, 110, 112, 120, 122 and 124. FIG. 3A shows where each primary and secondary copy of each availability group is maintained, as well as where first and second asynchronous replicas of that availability group are maintained as well. Laying out the primary and secondary local mirrors of each availability group as well as remote asynchronous replicas is indicated by block 200 in FIG. 2.”];. As to claim 18, Shutt teaches each of the first volume group and the second volume group include system volumes, customer data volumes, and cross system coupling facility (XCF) managed couple dataset volumes [0034: “ 4 is one embodiment of a computing environment which can be used in deploying the data storage system shown in FIG. 1. With reference to FIG. 4, an exemplary system for implementing some embodiments of the user device 152 or servers and stores includes a general-purpose computing device in the form of a computer 810. Components of computer 810 may include, but are not limited to, a processing unit 820, a system memory 830, and a system bus 821 that couples various system components including the system memory to the processing unit 820.”]. As to claim 19, Shut teaches each volume within each volume group indicates whether it is configured with a storage high availability solution [ 0024: “assume that data store server 108 in data center 102 fails. In this case, each of the remaining data store servers 110 and 112 will take over the operations of data store server 108 and the load from data store 108 will be balanced equally across both local servers 110 and 112. This is indicated by block 208 in FIG. 2. If more than one data store server fails on a given data center (for instance) then all of the primary and secondary replicas of the availability groups on that given data center will be transferred to another data center and spread evenly across the data store servers that are operational on that data center.”] Allowable Subject Matter Claim 20 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 1-14 allowed. The following is a statement of reasons for the indication of allowable subject matter: The following is an examiner’s statement of reasons for allowance: Shutt [20130124916] teaches 0024: “assume that data store server 108 in data center 102 fails. In this case, each of the remaining data store servers 110 and 112 will take over the operations of data store server 108 and the load from data store 108 will be balanced equally across both local servers 110 and 112. This is indicated by block 208 in FIG. 2. If more than one data store server fails on a given data center (for instance) then all of the primary and secondary replicas of the availability groups on that given data center will be transferred to another data center and spread evenly across the data store servers that are operational on that data center.” Palat [ 20050114633] teaches Another solution is to use the Multiple Address Space (MAS) feature of the operating system. This feature allows consecutive mapping of data and code segments in the address space of a process. However, this feature may not be available on older versions of operating systems. The record of prior art neither individually nor in combination teach: starting, by an operating system, a storage high availability solution address space; for each device coupled to the operating system, so, adding the device to a list of devices configured for a storage high availability solution, wherein the list of devices is included in a storage high availability solution configuration; and loading, by the operating system and based on the list of devices including at least one device, the storage high availability solution configuration. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHAB R PANDEY whose telephone number is (571)270-0176. The examiner can normally be reached Monday-Friday 9:00-5:00(ET). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jaweed Abbaszadeh can be reached at (571) 270-1640. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KESHAB R PANDEY/Primary Examiner, Art Unit 2176
Read full office action

Prosecution Timeline

Jul 03, 2024
Application Filed
Mar 21, 2026
Non-Final Rejection — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
96%
With Interview (+8.2%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 361 resolved cases by this examiner. Grant probability derived from career allow rate.

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