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 .
Claims 1-20 are active in this application.
Claim Rejection - 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-20 of patent No. 12,067,032. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-20 of the instant application recite broader version of claims 1-20 of ‘032 and they are substantially similar in scope and they use the similar limitations.
Claims Comparison
Instant application 12,067,032
1. A storage system, comprising: a memory; and a processing device, operatively coupled to the memory, configured to: monitor estimates of amounts of time to transfer the accumulated data to be replicated based on sizes of expected data transfers resulting from the accumulated data and a bandwidth of a network to transfer the accumulated data, wherein the estimates of the amounts of time are calculated through the processing device; determine whether an estimated amount of time to transfer the data exceeds an interval for replicating the data, the interval determined based on a recovery point objective (RPO) for replicating the data;
in response to determining that the estimated amount of time to transfer the data exceeds the interval, determine a subsequent interval for replicating the data that satisfies the RPO; and replicate the data via data transfers over the network according to the subsequent interval.
2. The storage system of claim 1, wherein the subsequent interval is determined based on an increased size of accumulated data for an upcoming data transfer.
3. The storage system of claim 1, wherein the subsequent interval is determined based on a decreased bandwidth of a network transferring the data.
4. The storage system of claim 3, wherein the storage system is a distributed storage system having a plurality of storage nodes, the plurality of storage nodes comprising managed flash storage dives.
5. The storage system of claim 1, wherein the subsequent interval comprises a reduced time interval for starting of a next data transfer.
6. The storage system of claim 1, wherein the processing device is further configured to: determine when a next data transfer of replicated accumulated data occurs, based on determining a size of accumulated data of the storage system since a snapshot of the storage system for the previous data transfer.
7. The storage system of claim 1, wherein the processing device is further configured to: execute a snapshot of the storage system to start the replicating for a next data transfer, responsive to identifying a burst of accumulating data.
8. The storage system of claim 1, wherein the processing device is further configured to: determine an overwrite pattern of accumulating data of the storage system, wherein the determining the subsequent interval is further based on the overwrite pattern.
9. The storage system of claim 1 wherein the RPO is a maximum acceptable amount of data accumulation loss as measured by time.
10. A method, comprising: monitoring estimates of amounts of time to transfer accumulated data to be replicated within a storage system based on sizes of expected data transfers resulting from accumulated data and a bandwidth of a network to transfer the accumulated data, wherein the estimates of the amounts of time are calculated through the processing device; determining, by a processing device of a storage controller, whether an estimated amount of time to transfer the data exceeds an interval for replicating the data, the interval determined based on a recovery point objective (RPO) for replicating the data; in response to determining that the estimated amount of time to transfer the data exceeds the interval, determining a subsequent interval for replicating the data that satisfies the RPO; and replicating the data via data transfers over the network according to the subsequent interval.
11. The method of claim 10, wherein the subsequent interval is determined based on an increased size of accumulated data for an upcoming data transfer.
12. The method of claim 10, wherein the subsequent interval is determined based on a decreased bandwidth of a network transferring the data.
13. The method of claim 12, wherein the storage system is a distributed storage system having a plurality of storage nodes, the plurality of storage nodes comprising managed flash storage devices.
14. The method of claim 10, wherein the subsequent interval comprises a reduced time interval for starting of a next data transfer.
15. A non-transitory computer readable storage medium storing instructions which, when executed, cause a processing device to: monitor estimates of amounts of time to transfer accumulated data to be replicated within a storage system based on sizes of expected data transfers resulting from accumulated data and a bandwidth of a network to transfer the accumulated data, wherein the estimates of the amounts of time are calculated through the processing device; determine whether an estimated amount of time to transfer the data exceeds an interval for replicating the data, the interval determined based on a recovery point objective (RPO) for replicating the data; in response to determining that the estimated amount of time to transfer the data exceeds the interval, determine a subsequent interval for replicating the data that satisfies the RPO; and replicating the data via data transfers over the network according to the subsequent interval.
16. The non-transitory computer readable storage medium of claim 15, wherein the subsequent interval is determined based on an increased size of accumulated data for an upcoming data transfer.
17. The non-transitory computer readable storage medium of claim 15, wherein the subsequent interval is determined based on a decreased bandwidth of a network transferring the data.
18. The non-transitory computer readable storage medium of claim 17, wherein the processing device is further to: determine a network bandwidth to detect the decreased bandwidth of the network.
19. The non-transitory computer readable storage medium of claim 15, wherein the subsequent interval comprises a reduced time interval for starting of a next data transfer.
20. The non-transitory computer readable storage medium of claim 15, wherein the processing device is further to: determine when a next data transfer of replicated accumulated data occurs, based on determining a size of accumulated data of a storage system since a snapshot of the storage system for the previous data transfer.
1. A storage system, comprising: a memory; and a processing device, operatively coupled to the memory, configured to: calculate an estimate of an amount of time to transfer data to be replicated based on a size of expected data transfers resulting from accumulated data since a previous data transfer and a bandwidth of a network to transfer the data; determine intervals for replicating the data of the storage system based on the estimate and a recovery point objective (RPO); replicate the data of the storage system at the determined intervals through data transfers over the network, with reference to the RPO; and determine a new interval and corresponding sooner start of a next data transfer.
2. The storage system of claim 1, wherein the new interval and the corresponding sooner start of the next data transfer are determined based on an increased size of accumulated data for an upcoming data transfer.
3. The storage system of claim 1, wherein the new interval and the corresponding sooner start of the next data transfer are determined based on a decreased bandwidth of the network.
4. The storage system of claim 3, wherein the processing device is further to: determine a network bandwidth to detect the decreased bandwidth of the network.
5. The storage system of claim 1, wherein the new interval comprises a reduced time interval for starting of the next data transfer.
6. The storage system of claim 1, wherein the processing device is further to: determine when the next data transfer of replicated accumulated data occurs, based on determining a size of accumulated data of the storage system since a snapshot of the storage system for the previous data transfer and the determining the bandwidth of the network.
7. The storage system of claim 1, wherein the processing device is further to: execute a snapshot of the storage system to start the replicating for the next data transfer, responsive to identifying a burst of accumulating data.
8. The storage system of claim 1, wherein the processing device is further to: determine an overwrite pattern of accumulating data of the storage system, wherein the determining the intervals for the replicating the data of the storage system is further based on the determining the overwrite pattern.
9. The storage system of claim 1, wherein the processing device is further to: determine frequency of snapshots of the storage system, for the replicating, based on determining an overwrite trend of accumulating data, the determining the bandwidth, and the recovery point objective.
10. The storage system of claim 1, wherein the data transfers over the network comprise a dedicated link with a predictable bandwidth.
11. The storage system of claim 1 wherein the recovery point objective is a maximum acceptable amount of data accumulation loss as measured by time.
12. A method, comprising: calculating an estimate of an amount of time to transfer data to be replicated based on a size of expected data transfers resulting from data since a previous data transfer and a bandwidth of a network to transfer the data; determining, by a processing device, intervals for replicating the data of a storage system based on the estimate and a recovery point objective (RPO); replicating the data of the storage system at the determined intervals through data transfers over the network, with reference to the RPO; and determining a new interval and corresponding sooner start of a next data transfer.
13. The method of claim 12, wherein the new interval and the corresponding sooner start of the next data transfer are determined based on an increased size of accumulated data for an upcoming data transfer.
14. The method of claim 12, wherein the new interval and the corresponding sooner start of the next data transfer are determined based on a decreased bandwidth of the network.
15. The method of claim 14, further comprising: determining a network bandwidth to detect the decreased bandwidth of the network.
16. The method of claim 12, wherein the new interval comprises a reduced time interval for starting of the next data transfer.
17. The method of claim 12, further comprising: determining when the next data transfer of replicated accumulated data occurs, based on determining a size of accumulated data of the storage system since a snapshot of the storage system for the previous data transfer and the determining the bandwidth of the network.
18. The method of claim 12, further comprising: executing a snapshot of the storage system to start the replicating for the next data transfer, responsive to identifying a burst of accumulating data.
19. The method of claim 12, further comprising: determining an overwrite pattern of accumulating data of the storage system, wherein the determining the intervals for the replicating the data of the storage system is further based on the determining the overwrite pattern.
20. A non-transitory computer-readable media having instructions thereupon which, when executed by a processing device, cause the processing device to: calculate an estimate of an amount of time to transfer data to be replicated based on a size of expected data transfers resulting from accumulated data since a previous data transfer and a bandwidth of a network to transfer the data; determine intervals for replicating the data of a storage system based on the estimate and a recovery point objective (RPO); replicate the data of the storage system at the determined intervals through data transfers over the network, with reference to the RPO; and determine a new interval and corresponding sooner start of a next data transfer.
Regarding claims 1, 10 and 15 of the instant application, the claims are directed toward similar subject matter as claims 1, 12 and 20 of 12,067,032. Although the conflicting claims are not identical, they are not patently distinct from each other because they are substantially similar in scope. It is always obvious to broaden a claimed invention because the broaden method, product and/or system has a greater range of application but requires no further development. The motivation would have been to accommodate an obvious need.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter. The claims of the instant application therefore are not patently distinct from the ‘032 and as such are unpatentable over obvious-type double patenting.
Claims 1-20 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-20 of patent No. 11,507,597. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-20 of the instant application recite broader version of claims 1-20 of ‘597 and they are substantially similar in scope and they use the similar limitations.
Regarding claims 1, 10 and 15 of the instant application, the claims are directed toward similar subject matter as claims 1, 9 and 15 of 11,507,597. Although the conflicting claims are not identical, they are not patently distinct from each other because they are substantially similar in scope. It is always obvious to broaden a claimed invention because the broaden method, product and/or system has a greater range of application but requires no further development. The motivation would have been to accommodate an obvious need.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter. The claims of the instant application therefore are not patently distinct from the ‘597 and as such are unpatentable over obvious-type double patenting.
Response to Arguments
Applicant's arguments over the amended limitations have been fully considered, the rejection under 35 U.S.C. 101 and the rejection under 35 U.S.C. 102 has been withdrawn.
Allowable Subject Matter
Claims 1-20 would be allowable if overcome the obviousness type double patenting rejections.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shemer (US 2023/0103955) discloses optimized client-side deduplication.
Fischer (US 2015/0186488) discloses asynchronous replication with secure data erasure.
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 MERILYN P NGUYEN whose telephone number is 571-272-4026. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kavita Stanley can be reached on (571) 272-8352. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MERILYN P NGUYEN/ Primary Examiner, Art Unit 2153
January 16, 2026