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 .
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.
Claim(s) 1-4, 7-11 and 14-18 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-3, 5, 10, 12-14 and 19-21 of U.S. Patent No. 12050931. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant
Patent No. 12050931
1. A computer-implemented method, comprising: creating a compressed trie from target tree structures of virtual disks at a plurality of target sites in a computer system; selecting a first virtual computing instance at a source site for processing; determining a disk chain string of the virtual computing instance, wherein the disk chain string includes identifiers of virtual disks in a source tree structure at the source site that form a disk chain from a root node disk to a leaf node disk corresponding to the virtual computing instance; finding candidate target sites using the compressed trie based on the disk chain string of the virtual computing instance at the source site; selecting a target site from among the candidate target sites as a migration option for migrating the first virtual computing instance and the partial source tree structure of virtual disks; and initiating migration of the first virtual computing instance to the target site.
1. A computer-implemented method for migrating partial tree structures of virtual disks for virtual computing instances between sites in a computer system, the method comprising: creating a compressed trie from target tree structures of virtual disks at a plurality of target sites in the computer system; selecting a virtual computing instance at a source site for processing; determining a disk chain string of the virtual computing instance, wherein the disk chain string includes identifiers of virtual disks in a source tree structure at the source site that form a disk chain from a root node disk to a leaf node disk corresponding to the virtual computing instance; finding candidate target sites using the compressed trie based on the disk chain string of the virtual computing instance at the source site; for each candidate target site, calculating a cost value for migrating the virtual computing instance along with a partial source tree structure of virtual disks corresponding to the virtual computing instance from the source site to the candidate target site; and selecting a target site with a lowest cost value among the candidate target sites as a migration option for migrating the virtual computing instance and the partial source tree structure of virtual disks to reduce storage resource usage in the computer system.
2. The method of claim 1, wherein finding the candidate target sites comprises: searching the compressed trie for a maximum prefix of the disk chain string of the first virtual computing instance; and identifying the target sites with the maximum prefix in the compressed trie as the candidate target sites.
2. The method of claim 1, wherein finding the candidate target sites comprises: searching the compressed trie for a maximum prefix of the disk chain string of the virtual computing instance; and identifying the target sites with the maximum prefix in the compressed trie as the candidate target sites.
3. The method of claim 1, further comprising, after selecting the target site, updating the compressed trie to an updated compressed trie in which the first virtual computing instance and the partial source tree structure of virtual disks are assumed to have been migrated to the target site.
3. The method of claim 1, further comprising, after selecting the target site, updating the compressed trie to an updated compressed trie in which the virtual computing instance and the partial source tree structure of virtual disks are assumed to have been migrated to the target site.
4. The method of claim 1, wherein the compressed trie include at least one node that includes a field for one or more target sites at which a virtual disk corresponding to the node appears.
5. The method of claim 1, wherein the compressed trie include at least one node that includes a field for one or more target sites at which a virtual disk corresponding to the node appears.
7. The method of claim 1, further comprising: for each candidate target site, calculating a cost value for migrating the first virtual computing instance along with a partial source tree structure of virtual disks corresponding to the first virtual computing instance from the source site to the candidate target site; wherein selecting a target site comprises selecting a target site with a lowest cost value among the candidate target sites as a migration option for migrating the first virtual computing instance and the partial source tree structure of virtual disks to reduce storage resource usage in the computer system.
1. A computer-implemented method for migrating partial tree structures of virtual disks for virtual computing instances between sites in a computer system, the method comprising: creating a compressed trie from target tree structures of virtual disks at a plurality of target sites in the computer system; selecting a virtual computing instance at a source site for processing; determining a disk chain string of the virtual computing instance, wherein the disk chain string includes identifiers of virtual disks in a source tree structure at the source site that form a disk chain from a root node disk to a leaf node disk corresponding to the virtual computing instance; finding candidate target sites using the compressed trie based on the disk chain string of the virtual computing instance at the source site; for each candidate target site, calculating a cost value for migrating the virtual computing instance along with a partial source tree structure of virtual disks corresponding to the virtual computing instance from the source site to the candidate target site; and selecting a target site with a lowest cost value among the candidate target sites as a migration option for migrating the virtual computing instance and the partial source tree structure of virtual disks to reduce storage resource usage in the computer system.
Claims 8-11 are non-transitory computer-readable storage medium claims corresponding to the method claims 1-4 and 7. Therefore, rejected based on similar rationale.
Claims 14-18 are system claims corresponding to the method claims 1-4, therefore, rejected based on similar rationale.
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.
Claim(s) 1-20 is/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 (similarly claims 8 and 15) recites the limitation "the virtual computing instance". There is insufficient antecedent basis for this limitation in the claim. The examiner is unclear if the virtual computing instance is referring to the first virtual computing instance or another virtual computing instance.
Claim 1 (similarly claims 3, 8, 10, 15 and 17 ) recites the limitation "the partial source tree". There is insufficient antecedent basis for this limitation in the claim. The examiner is unclear what partial source is being referred.
Claims 2 (similarly claims 9 and 16) recite: “identifying the target sites”. There is insufficient antecedent basis for this limitation in the claim. The examiner is unclear what target sites, “the target sites” are referring to.
Claims 4 (similarly claims 11 and 18) recite: “the node”. There is insufficient antecedent basis for this limitation in the claim. The examiner is unclear if “the node” is referring to the at least one node or some other node.
Claims 5 recite: “the operations”. There is insufficient antecedent basis for this limitation in the claim. The examiner is unclear what operations, “the operations” are referring to.
Claims 2-7, 9-14 and 16-20 are rejected based on rejection of its corresponding dependent claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONG U KIM whose telephone number is (571)270-1313. The examiner can normally be reached 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bradley Teets can be reached at 5712723338. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DONG U KIM/Primary Examiner, Art Unit 2197
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