DETAILED ACTION
This Office Action is in response to the Amendment filed January 22, 2026. Claim(s) 1, 8, and 15 have been amended. Therefore, Claim(s) 1-20 is/are pending and have been considered as follows.
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 .
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.
Claim Rejections - 35 USC § 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.
Claim(s) 1-3, 6-10, 13-17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Javeed et al. (US 2020/0320035 A1, hereinafter Javeed), in view of Staubly et al. (US 2020/0084264 A1, hereinafter Staubly).
As to Amended Claim 1, Javeed discloses a method, comprising:
obtaining a data package to be transferred, wherein the data package comprises a plurality of data files ((Javeed; [0023]), where Javeed discloses receiving files to be transferred.);
obtaining respective sizes of the plurality of data files in the obtained data package ((Javeed; Figs. 1 & 4; [0024-0025, 0041]), where Javeed discloses determining the file sizes of the obtained files.);
determining a number of transfer threads for transferring the plurality of data files in the obtained data package ((Javeed; Figs. 1 & 4; [0026-0027, 0042-0043]), where Javeed discloses determining the optimal number of threads needed to transfer the data files.);
assigning respective ones of the plurality of data files to the determined number of transfer threads based at least in part on the respective sizes of the plurality of data files ((Javeed; Figs. 5 & 9; [0062-0063, 0066]), where Javeed discloses receiving the number of threads to transfer the files.); and
initiating a transfer of the respective ones of the plurality of data files using the assigned transfer threads ((Javeed; Figs. 5 & 9; [0066]), where Javeed discloses transferring the files using the assigned threads.);
wherein the method is performed by at least one processing device comprising a processor coupled to a memory (Javeed; Fig. 9).
However, Javeed does not disclose assigning respective ones of the plurality of data files to the determined number of transfer threads in an order based at least in part on the respective sizes of the plurality of data files.
In an analogous art, Staubly discloses assigning respective ones of the plurality of data files to the determined number of transfer threads in an order based at least in part on the respective sizes of the plurality of data files ((Staubly; [0034-0035]), where Staubly discloses the traffic manager can assign/allocation data files to a thread based on file size, in order from largest to smallest. Based on the size of the files, additional threads can be allocated to the file.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Javeed to include assigning respective ones of the plurality of data files to the determined number of transfer threads in an order based at least in part on the respective sizes of the plurality of data files as taught by Staubly to provide efficiently data transfer throughout the network domain (Staubly; [0001]).
As to Claim 2, Javeed-Staubly discloses the method of claim 1, wherein the assigning the respective ones of the plurality of data files comprises assigning the largest data files of the plurality of data files to the determined number of transfer threads ((Javeed; Figs. 5 & 9; [0066]), where Javeed discloses based on the data file sizes, determining/utilizing the specified number of threads.).
As to Claim 3, Javeed-Staubly discloses the method of claim 1, wherein the transferring of a given one of the plurality of data files on a given assigned transfer thread continues until the transfer of the given data file completes ((Javeed; Figs. 5, 6 & 9; [0066, 0068, 0074]), where Javeed discloses based on the data file sizes, determining/utilizing the specified number of threads.).
As to Claim 6, Javeed-Staubly discloses the method of claim 1, wherein the number of transfer threads for transferring the plurality of data files is constrained ((Javeed; [0025-027]), where Javeed discloses providing an optimal number of threads.).
As to Claim 7, Javeed-Staubly discloses the method of claim 1, wherein a plurality of data packages is transferred in parallel using respective independent sets of transfer threads ((Javeed; [0030, 0074-0075]), where Javeed discloses transferring multiple files.).
As to Amended Claim 8, Javeed discloses an apparatus comprising:
at least one processing device comprising a processor coupled to a memory (Javeed; Fig. 9);
obtaining a data package to be transferred, wherein the data package comprises a plurality of data files ((Javeed; [0023]), where Javeed discloses receiving files to be transferred.);
obtaining respective sizes of the plurality of data files in the obtained data package ((Javeed; Figs. 1 & 4; [0024-0025, 0041]), where Javeed discloses determining the file sizes of the obtained files.);
determining a number of transfer threads for transferring the plurality of data files in the obtained data package ((Javeed; Figs. 1 & 4; [0026-0027, 0042-0043]), where Javeed discloses determining the optimal number of threads needed to transfer the data files.);
assigning respective ones of the plurality of data files to the determined number of transfer threads based at least in part on the respective sizes of the plurality of data files ((Javeed; Figs. 5 & 9; [0062-0063, 0066]), where Javeed discloses receiving the number of threads to transfer the files.); and
initiating a transfer of the respective ones of the plurality of data files using the assigned transfer threads ((Javeed; Figs. 5 & 9; [0066]), where Javeed discloses transferring the files using the assigned threads.);
However, Javeed does not disclose assigning respective ones of the plurality of data files to the determined number of transfer threads in an order based at least in part on the respective sizes of the plurality of data files.
In an analogous art, Staubly discloses assigning respective ones of the plurality of data files to the determined number of transfer threads in an order based at least in part on the respective sizes of the plurality of data files ((Staubly; [0034-0035]), where Staubly discloses the traffic manager can assign/allocation data files to a thread based on file size, in order from largest to smallest. Based on the size of the files, additional threads can be allocated to the file.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Javeed to include assigning respective ones of the plurality of data files to the determined number of transfer threads in an order based at least in part on the respective sizes of the plurality of data files as taught by Staubly to provide efficiently data transfer throughout the network domain (Staubly; [0001]).
As to Claim 9, Javeed-Staubly discloses the apparatus of claim 8, wherein the assigning the respective ones of the plurality of data files comprises assigning the largest data files of the plurality of data files to the determined number of transfer threads ((Javeed; Figs. 5 & 9; [0066]), where Javeed discloses based on the data file sizes, determining/utilizing the specified number of threads.).
As to Claim 10, Javeed-Staubly discloses the apparatus of claim 8, wherein the transferring of a given one of the plurality of data files on a given assigned transfer thread continues until the transfer of the given data file completes ((Javeed; Figs. 5, 6 & 9; [0066, 0068, 0074]), where Javeed discloses based on the data file sizes, determining/utilizing the specified number of threads.).
As to Claim 13, Javeed-Staubly discloses the apparatus of claim 8, wherein the number of transfer threads for transferring the plurality of data files is constrained ((Javeed; [0025-027]), where Javeed discloses providing an optimal number of threads.).
As to Claim 14, Javeed-Staubly discloses the apparatus of claim 8, wherein a plurality of data packages is transferred in parallel using respective independent sets of transfer threads ((Javeed; [0030, 0074-0075]), where Javeed discloses transferring multiple files.).
As to Amended Claim 15, Javeed discloses a non-transitory processor-readable storage medium having stored therein program code of one or more software programs, wherein the program code when executed by at least one processing device causes the at least one processing device to perform the following steps:
obtaining a data package to be transferred, wherein the data package comprises a plurality of data files ((Javeed; [0023]), where Javeed discloses receiving files to be transferred.);
obtaining respective sizes of the plurality of data files in the obtained data package ((Javeed; Figs. 1 & 4; [0024-0025, 0041]), where Javeed discloses determining the file sizes of the obtained files.);
determining a number of transfer threads for transferring the plurality of data files in the obtained data package ((Javeed; Figs. 1 & 4; [0026-0027, 0042-0043]), where Javeed discloses determining the optimal number of threads needed to transfer the data files.);
assigning respective ones of the plurality of data files to the determined number of transfer threads based at least in part on the respective sizes of the plurality of data files ((Javeed; Figs. 5 & 9; [0062-0063, 0066]), where Javeed discloses receiving the number of threads to transfer the files.); and
initiating a transfer of the respective ones of the plurality of data files using the assigned transfer threads ((Javeed; Figs. 5 & 9; [0066]), where Javeed discloses transferring the files using the assigned threads.);
However, Javeed does not disclose assigning respective ones of the plurality of data files to the determined number of transfer threads in an order based at least in part on the respective sizes of the plurality of data files.
In an analogous art, Staubly discloses assigning respective ones of the plurality of data files to the determined number of transfer threads in an order based at least in part on the respective sizes of the plurality of data files ((Staubly; [0034-0035]), where Staubly discloses the traffic manager can assign/allocation data files to a thread based on file size, in order from largest to smallest. Based on the size of the files, additional threads can be allocated to the file.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Javeed to include assigning respective ones of the plurality of data files to the determined number of transfer threads in an order based at least in part on the respective sizes of the plurality of data files as taught by Staubly to provide efficiently data transfer throughout the network domain (Staubly; [0001]).
As to Claim 16, Javeed-Staubly discloses the non-transitory processor-readable storage medium of claim 15, wherein the assigning the respective ones of the plurality of data files comprises assigning the largest data files of the plurality of data files to the determined number of transfer threads ((Javeed; Figs. 5 & 9; [0066]), where Javeed discloses based on the data file sizes, determining/utilizing the specified number of threads.).
As to Claim 17, Javeed-Staubly discloses the non-transitory processor-readable storage medium of claim 15, wherein the transferring of a given one of the plurality of data files on a given assigned transfer thread continues until the transfer of the given data file completes ((Javeed; Figs. 5, 6 & 9; [0066, 0068, 0074]), where Javeed discloses based on the data file sizes, determining/utilizing the specified number of threads.).
As to Claim 20, Javeed-Staubly discloses the non-transitory processor-readable storage medium of claim 15, wherein a plurality of data packages is transferred in parallel using respective independent sets of transfer threads ((Javeed; [0030, 0074-0075]), where Javeed discloses transferring multiple files.).
Allowable Subject Matter
Claim(s) 4-5, 11-12, and 18-19 is/are 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.
Response to Arguments
Applicant's arguments filed January 22, 2026 have been fully considered but they are not persuasive. In the Remarks, the Applicant argues in substance that:
(A) Javeed et al. does not disclose or suggests “assigning respective ones of the plurality of data files to the determined number of transfer threads in an order based at least in part on the respective sizes of the plurality of data files” (as recited from pg. 7).
As to Point (A), Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The examiner also requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application.
When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN M THIEU whose telephone number is (571) 270-7475 and fax number is (571) 270-8475. The examiner can normally be reached Monday - Friday: 8:00 AM - 5:00 PM EST.
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/BENJAMIN M THIEU/Primary Examiner, Art Unit 2441 3.27.2026