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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 101
The previous 101 rejection is withdrawn in view of the amendment and remarks.
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 1-9 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.
The term “least important” in claims 1 and 9 is a relative term which renders the claim indefinite. The term “least important” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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, 2, 5, 6, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over LI (CN110609748A), hereinafter “Li”. Reference Li (CN110609748A) has been translated using a machine translation (Patent Translate powered by EPO and Google Translate) in view of in view of Prasad (US 20220404998 A1), hereinafter “Prasad”.
With regards to claim 1, Li teaches A data management method, adapted to a data management device, comprising:
in response to a first data type of first data to be written into a memory medium, obtaining a space size of a first write space of the first data, ((¶0096-¶0097) The data size is interpreted to be the claimed space size of a first write space. The data type corresponding to non-removable data is interpreted to be the first data type of first data.)
wherein the memory medium is configured with a plurality of memory spaces, the memory spaces respectively correspond to a plurality of data types, ((¶0101) The memory space is interpreted to have the claimed plurality of memory spaces respectively corresponding to a plurality of data types.)
the data types comprise the first data type, and the first data type corresponds to a first memory space among the memory spaces; ((¶101) The first memory area is interpreted to be the claimed first memory space associated with the first data type.)
determining whether the space size of the first write space of the first data is less than or equal to a total free space of the memory medium; ((¶0115) The non-removable data (non-movable/immovable) is checked to see if its size is smaller or bigger than the free area in the first memory area.)
in response to determining that the space size of the first write space of the first data is not less than or equal to the total free space of the memory medium, determining whether there is an excess data type among the data types, ((¶0105) Removable data (unmovable/movable) that is moved into the first memory area when the second memory area doesn't have enough space for the removable data is interpreted to be the claimed excess data type. (¶0108-¶109) If there is not enough free area in the first memory area to store the non-removable data, if there is removable data stored in the first memory area, then the removable data can be migrated to the second memory area, making room in the first memory area for the non-removable area. This is interpreted as the space size of the first write space of the first data not being less than or equal to the total free space of the memory medium.)
wherein a space size occupied by at least one second data belonging to the excess data type in the memory medium is greater than a pre-allocated memory space corresponding to the excess data type among the memory spaces; ((¶0105) Removable data (movable) that is moved into the first memory area when the second memory area doesn't have enough space for the removable data is interpreted to be the excess data type. The removable data (movable) is interpreted to be the second data. When the removable data and its data size is greater than the free area in the second memory area, it is then allocated into the first memory area. This is interpreted as being the claimed space size greater than a pre-allocated memory space.)
in response to determining that there is the excess data type, deleting a part of the at least one second data belonging to the excess data type, ((¶0110) If there is removable data in the first memory area and the second memory area does not have enough space to fit the removable data, then the data is cleared to allocate space for the non-movable data. This is interpreted to be the claimed deleting a part of the at least one second data belonging to the excess data type.)
updating the total free space of the memory medium, and determining whether the space size of the first write space of the first data is less than or equal to the updated total free space; and ((¶0110) The allocation of storage space for the memory application in first memory area is interpreted to include the claimed updating the total free space of the memory medium and determining whether the space size of the first write space of the first data has enough space to fit in the updated total free space.)
in response to determining that the space size of the first write space of the first data is less than or equal to the updated total free space, writing the first data into the memory medium. ((¶0120) If the first memory area does not fit the immovable data and there is movable data in the first memory, then move the movable data out and store the data. Moving the movable data out provides an updated free memory area in which the data can be stored. Storing the data is interpreted to be the claimed writing of the first data into the memory medium.)
wherein the updated total free space is greater than the total free space before updating ((¶0110));
wherein the part of the at least one second data belonging to the excess data type comprises at least one of oldest data, least important data, and unlocked data in the at least one second data. ((¶0110) The non-removable data having priority over removable data can be seen as the removable data having less priority and therefore being less important data. (¶0086-¶0087) Removable data is data than can change after being stored in memory, while non-movable data is data that cannot be changed after being stored in memory. Removable is seen as being a type of unlocked data. The removable data is interpreted to comprise of at least one of the less important data and the unlocked data.)
Li does not teach:
in response to determining that the space size of the first write space of the first data is not less than or equal to the updated total free space, deleting data belonging to the first data type until the space size of the first write space of the first data is less than or equal to the total free space of the memory medium; and writing the first data into the memory medium.
However, Prasad does teach:
in response to determining that the space size of the first write space of the first data is not less than or equal to the updated total free space, ((¶0051) The memory reaching its capacity limit and not allowing any writes until old video data is deleted to make space for new data. Because this happens continuously, the memory is constantly having to update its total free space. The memory reaching its capacity can be seen as determining that the space size of the first write space of the first data is not less than or equal to the updated total free space.)
deleting data belonging to the first data type until the space size of the first write space of the first data is less than or equal to the total free space of the memory medium; and ((¶0051) The video data captured and stored in memory is checked to see if there is a capacity limit. Once the capacity limit is reached the system makes space for new data by deleting the oldest video data. The video data can be seen as a first data type. The memory space of the video surveillance systems is interpreted to have free space large enough to fit the data after a deletion has taken place.)
writing the first data into the memory medium. ((¶0051) Once the oldest video data is deleted the new video data can be stored into memory.)
Li and Prasad are analogous art because they are from the same field of endeavor, that being data storage systems. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Li to delete data of a data type until there is enough space to write new data using the teaching of Prasad. The motivation would have been to prevent blocks from excessive wear, reducing the chance of failure. (Prasad: ¶0049)
With regards to claim 2, Li teaches wherein after the step of determining whether the first write space is less than or equal to the total free space of the memory medium, the data management method further comprises: ((¶0115, FIG. 8 element S803) The non-removable data (non-movable/immovable) is checked to see if its size is smaller or bigger than the free area in the first memory area.)
in response to the space size of the first write space of the first data being less than or equal to the total free space of the memory medium, writing the first data into the memory medium. ((¶0112-¶0117, FIG. 8) If the non-removable data is smaller than the free area in the first memory, the system saves the data into the first memory area. This is interpreted as writing the first data into the memory medium.)
With regards to claim 5, Li teaches wherein after the step of determining whether there is the excess data type among the data types, the data management method further comprises:
in response to determining that there is no excess data type, ((¶0118, FIG. 8) Li determines whether there is any excess data. (¶0126, FIG. 8) If there is found to be no excess data type the system allocates storage in the second memory area.)
Li does not teach:
deleting data belonging to the first data type until the space size of the first write space of the first data is less than or equal to the total free space of the memory medium; and
writing the first data into the memory medium.
However, Prasad does teach:
deleting data belonging to the first data type until the space size of the first write space of the first data is less than or equal to the total free space of the memory medium; and ((¶0051) The video data captured and stored in memory is checked to see if there is a capacity limit. Once the capacity limit is reached the system makes space for new data by deleting the oldest video data. The video data can be seen as a first data type. The memory space of the video surveillance systems is interpreted to have free space large enough to fit the data after a deletion has taken place.)
writing the first data into the memory medium. ((¶0051) Once the oldest video data is deleted the new video data can be stored into memory.)
Li and Prasad are analogous art because they are from the same field of endeavor, that being data storage systems. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Li to delete data of a data type until there is enough space to write new data using the teaching of Prasad. The motivation would have been to prevent blocks from excessive wear, reducing the chance of failure. (Prasad: ¶0049)
With regards to claim 6, Li teaches wherein after the step of obtaining the space size of the first write space, the data management method further comprises: ((¶0096-¶0097) The data size is interpreted to be the claimed space size of a first write space.)
in response to determining that the space size of the first write space of the first data is greater than the first memory space, not allowing writing the first data into the memory medium. ((¶0022) The non-removable data to be saved in memory too large to fit in the storage space is interpreted to be the claimed space size of the first write space of the first data is greater than the first memory space. The storage space not being allocated for the memory application in the first memory are is interpreted to be the claimed not allowing writing the first data into the memory medium.)
With regards to claim 9, Li teaches A data management device for managing a memory medium, comprising: ((¶0002) The storage medium is interpreted to be the claimed memory medium.)
a non-transitory memory circuit, storing a program code; and ((¶0156) The memory 111 is interpreted to be the claimed non-transitory memory circuit storing program code.)
a processor, coupled to the non-transitory memory circuit and accessing the program code to execute: ((¶0156, FIG. 11) The processor 112 is interpreted to be the claimed processor, coupled to the non- transitory memory circuit and able to access the program code to execute.)
in response to a first data type of first data to be written into the memory medium, obtaining a space size of a first write space of the first data, ((¶0096-¶0097) The data size is interpreted to be the claimed space size of a first write space. The data type corresponding to non-removable data is interpreted to be the first data type of first data.)
wherein the memory medium is configured with a plurality of memory spaces, the memory spaces respectively correspond to a plurality of data types, ((¶0101) The memory space is interpreted to have the claimed plurality of memory spaces respectively corresponding to a plurality of data types.)
the data types comprise the first data type, and the first data type corresponds to a first memory space among the memory spaces; ((¶101) The first memory area is interpreted to be the claimed first memory space associated with the first data type.)
determining whether the space size of the first write space of the first data is less than or equal to a total free space of the memory medium; ((¶0115) The non-removable data (non-movable/immovable) is checked to see if its size is smaller or bigger than the free area in the first memory area.)
in response to determining that the space size of the first write space of the first data is not less than or equal to the total free space of the memory medium, determining whether there is an excess data type among the data types, ((¶0105) Removable data (unmovable/movable) that is moved into the first memory area when the second memory area doesn't have enough space for the removable data is interpreted to be the excess data type. (¶0108-¶109) If there is not enough free area in the first memory area to store the non-removable data, if there is removable data stored in the first memory area, then the removable data can be migrated to the second memory area, making room in the first memory area for the non-removable area. This is interpreted as the space size of the first write space of the first data not being less than or equal to the total free space of the memory medium.)
wherein a space size occupied by at least one second data belonging to the excess data type in the memory medium is greater than a pre-allocated memory space corresponding to the excess data type among the memory spaces; ((¶0105) Removable data (movable) that is moved into the first memory area when the second memory area doesn't have enough space for the removable data is interpreted to be the excess data type. The removable data (movable) is interpreted to be the second data. When the removable data and its data size is greater than the free area in the second memory area, it is then allocated into the first memory area. This is interpreted as being the claimed space size greater than a pre-allocated memory space.)
in response to determining that there is the excess data type, deleting a part of the at least one second data belonging to the excess data type, ((¶0110) If there is removable data in the first memory area and the second memory area does not have enough space to fit the removable data, then the data is cleared to allocate space for the non-movable data. This is interpreted to be the claimed deleting a part of the at least one second data belonging to the excess data type.)
updating the total free space of the memory medium, and determining whether the space size of the first write space of the first data is less than or equal to the updated total free space; and ((¶0110) The allocation of storage space for the memory application in first memory area is interpreted to include the claimed updating the total free space of the memory medium and determining whether the space size of the first write space of the first data has enough space to fit in the updated total free space.)
in response to determining that the space size of the first write space of the first data is less than or equal to the updated total free space, writing the first data into the memory medium. ((¶0120) If the first memory area does not fit the immovable data and there is movable data in the first memory, then move the movable data out and store the data. Moving the movable data out provides an updated free memory area in which the data can be stored. Storing the data is interpreted to be the claimed writing of the first data into the memory medium.)
wherein the updated total free space is greater than the total free space before updating ((¶0110));
wherein the part of the at least one second data belonging to the excess data type comprises at least one of oldest data, least important data, and unlocked data in the at least one second data. ((¶0110) The non-removable data having priority over removable data can be seen as the removable data having less priority and therefore being less important data. (¶0086-¶0087) Removable data is data than can change after being stored in memory, while non-movable data is data that cannot be changed after being stored in memory. Removable is seen as being a type of unlocked data. The removable data is interpreted to comprise of at least one of the less important data and the unlocked data.)
Li does not teach:
in response to determining that the space size of the first write space of the first data is not less than or equal to the updated total free space, deleting data belonging to the first data type until the space size of the first write space of the first data is less than or equal to the total free space of the memory medium; and writing the first data into the memory medium.
However, Prasad does teach:
in response to determining that the space size of the first write space of the first data is not less than or equal to the updated total free space, ((¶0051) The memory reaching its capacity limit and not allowing any writes until old video data is deleted to make space for new data. Because this happens continuously, the memory is constantly having to update its total free space. The memory reaching its capacity can be seen as determining that the space size of the first write space of the first data is not less than or equal to the updated total free space.)
deleting data belonging to the first data type until the space size of the first write space of the first data is less than or equal to the total free space of the memory medium; and ((¶0051) The video data captured and stored in memory is checked to see if there is a capacity limit. Once the capacity limit is reached the system makes space for new data by deleting the oldest video data. The video data can be seen as a first data type. The memory space of the video surveillance systems is interpreted to have free space large enough to fit the data after a deletion has taken place.)
writing the first data into the memory medium. ((¶0051) Once the oldest video data is deleted the new video data can be stored into memory.)
Li and Prasad are analogous art because they are from the same field of endeavor, that being data storage systems. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Li to delete data of a data type until there is enough space to write new data using the teaching of Prasad. The motivation would have been to prevent blocks from excessive wear, reducing the chance of failure. (Prasad: ¶0049)
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over by LI (CN110609748A) in view of Prasad (US 20220404998 A1), further in view of Uchikawa (US 20060161755 A1), hereinafter “Uchikawa”.
With regards to claim 7, Li teaches wherein after the step of writing the first data into the memory medium, the data management method further comprises: ((¶0120) If the first memory area does not fit the immovable data and there is movable data in the first memory, then move the movable data out and store the data. This in interpreted to be the claimed writing of the first data into the memory medium.)
Li in view of Prasad does not teach:
in response to determining that a space size of a pre-allocated reference memory space of a reference data type is set to be decreased, maintaining reference data belonging to the reference data type, wherein the reference data type is one of the data types.
However, Uchikawa does teach:
in response to determining that a space size of a pre-allocated reference memory space of a reference data type is set to be decreased, maintaining reference data belonging to the reference data type, wherein the reference data type is one of the data types. ((¶0043-¶0044) When re-allocating local memory space it factors in the data types. These data types are interpreted to include the claimed reference data type. (¶0041-¶0042, Fig. 4) The initial local memory allocation is interpreted to be the claimed pre-allocated reference memory space. The re-allocation of local memory space to a smaller size (Buffers 1 and 3) is interpreted to be the claimed space size of a pre-allocated reference memory space of a reference data type is set to be decreased. The data in the buffers of the local memory space are not stated to be deleted before the re-allocation and is interpreted as being reference data that is maintained in the memory space.)
Li in view of Prasad and Uchikawa are analogous art because they are from the same field of endeavor, that being data storage systems. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Li in view of Prasad to have the memory space decrease and include a reference data type using the teaching of Uchikawa. The motivation would have been to improve the efficiency of memory usage in a computing system. (Uchikawa: Abstract)
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over by LI (CN110609748A) in view of Prasad (US 20220404998 A1), further in view of Zhuo (US 20150149741 A1), hereinafter “Zhuo”.
With regards to claim 8, Li in view of Prasad teaches further comprising:
in response to determining that the space size of the first write space of the first data is not less than or equal to the updated total free space or there is no excess data type, (Li: (FIG. 9) The flow chart in figure 9 shows the determination steps for the no excess data step in element S905.)
deleting data belonging to the first data type, (Prasad: (¶0051) The video data captured and stored in memory is checked to see if there is a capacity limit. Once the capacity limit is reached the system makes space for new data by deleting the oldest video data. The video data can be seen as a first data type. The memory space of the video surveillance systems is interpreted to have free space large enough to fit the data after a deletion has taken place.)
Li in view of Prasad does not teach:
and determining whether the space size of the first write space of the first data is less than or equal to the total free space of the memory medium; and
in response to determining that the space size of the first write space of the first data is not less than or equal to the total free space of the memory medium,
writing a part of the first data into the memory medium.
However, Zhuo does teach:
and determining whether the space size of the first write space of the first data is less than or equal to the total free space of the memory medium; and ((¶0029, FIG. 6 Element S620) A determination is made to see if the file size Q is less than or equal to the remaining free space of the storage module size Q1.)
in response to determining that the space size of the first write space of the first data is not less than or equal to the total free space of the memory medium, ((¶0029, FIG. 6 Element S620) The outcome of the determination can be that the size Q is not less or equal to size Q1.)
writing a part of the first data into the memory medium. ((¶0029) In response to the determination that the size Q is not less or equal to size Q1, part of the data of the file size Q can be stored in the remaining space of the storage module size Q1.)
Li in view of Prasad and Zhuo are analogous art because they are from the same field of endeavor, that being data storage systems. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Li in view of Prasad to have write a part of the data into the memory using the teaching of Zhuo. The motivation would have been to have a speedy execution for commands. (Zhuo: ¶0002)
Response to Arguments
Applicant's arguments filed 10/17/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “wherein the excess data is different from the first data type”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
With respect to Applicant’s argument “the present disclosure teaches to determine the excess data and delete a part of it instead of migrating the data to another memory as taught by LI”, the Examiner respectfully disagrees. Deleting data from a memory frees up space at the memory. Migrating data from a memory also frees up space at the memory. Therefore, migrating reads on deleting as claimed.
With respect to Applicant’s argument “the deletion mechanism taught by Prasad is fundamentally incompatible with LI's non-removable data”, the Examiner respectfully disagrees. In the rejection above, the data in LI that is migrated (i.e. deleted) is the movable data, not the non-removable data. See paragraphs 108-109 of LI.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arpan P. Savla whose telephone number is (571)272-1077. The examiner can normally be reached M-F, 10AM-6PM ET.
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/Arpan P. Savla/Supervisory Patent Examiner, Art Unit 2137