Detailed Office 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.
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Claims 1- 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 12,088,327.
US Application Number 18/798,037
US Patent Number 12,088,327
(Claim 1)
A method comprising: receiving a request to access a data block stored in a storage; reading format information stored within the data block to determine whether the data block is compressed according to a heavier-weight compression process or lighter- weight compression process; and in response to the data block being compressed according to the lighter-weight compression process, decompressing the data block using the lighter-weight compression process to form a decompressed data block, compressing the decompressed data block using the heavier-weight compression process, and providing access to the data block compressed using the heavier-weight compression process.
(Claim 1)
A method comprising: receiving a request to access a data block stored in a storage; reading format information stored within the data block to determine whether the data block is compressed according to a first compression process or a second compression process; and in response to the data block being compressed according to the second compression process, decompressing the data block using the second compression process to form a decompressed data block, compressing the decompressed data block using the first compression process, and providing access to the data block compressed using the first compression process.
(Claim 2)
The method of claim 1, further comprising sending the data block compressed using the heavier-weight compression process to a sender of the request.
(Claim 2)
The method of claim 1, further comprising sending the data block compressed using the first compression process to a sender of the request.
(Claim 3)
The method of claim 1, further comprising retaining deduplication of the data block.
(Claim 3)
The method of claim 1, further comprising retaining deduplication of the data block.
(Claim 4)
The method of claim 1, wherein the data block was compressed by an application using the lighter-weight compression process.
(Claim 4)
The method of claim 1, wherein the data block was compressed by an application using the first compression process.
(Claim 5)
The method of claim 4, wherein the data block was compressed by the application at a file layer using the lighter-weight compression process, the lighter- weight compression process using a user file layer compression format.
(Claim 5)
The method of claim 4, wherein the data block was compressed by the application at a file layer using the first compression process, the first compression process using a user file layer compression format.
(Claim 6)
The method of claim 1, wherein the data block was decompressed by a storage node at a container file layer using heavier-weight compression process, heavier-weigh compression process using a container file layer compression format.
(Claim 6)
The method of claim 1, wherein the data block was decompressed by a storage node at a container file layer using the second compression process, the second compression process using a container file layer compression format.
(Claim 7)
The method of claim 1, wherein the lighter-weight compression process uses a first chunk size and the heavier-weight compression process uses a second chunk size, the second chunk size being larger than the first chunk size.
(Claim 7)
The method of claim 1, wherein the first compression process uses a first chunk size and the second compression process uses a second chunk size, the second chunk size being larger than the first chunk size.
(Claim 8)
An apparatus comprising: a memory comprising instructions; and processor circuitry coupled to the memory, the processor circuitry to execute the instructions to cause the processor circuitry to :receive a request to access a data block stored in a storage; read format information stored within the data block to determine whether the data block is compressed according to a heavier-weight compression process or a lighter-weight compression process; and in response to the data block being compressed according to the lighter- weight compression process, decompress the data block using the lighter-weight compression process to form a decompressed data block, compress the decompressed data block using the heavier-weight compression process, and provide access to the data block compressed using the heavier-weight compression process.
(Claim 8)
An apparatus comprising: a memory comprising instructions; and processor circuitry coupled to the memory, the processor circuitry to execute the instructions to cause the processor circuitry to: receive a request to access a data block stored in a storage; read format information stored within the data block to determine whether the data block is compressed according to a first compression process or a second compression process; and in response to the data block being compressed according to the second compression process, decompress the data block using the second compression process to form a decompressed data block, compress the decompressed data block using the first compression process, and provide access to the data block compressed using the first compression process.
(Claim 9)
The apparatus of claim 8, further comprising the processor circuitry to execute the instructions to send the data block compressed using the heavier-weight compression process to a sender of the request.
(Claim 9)
The apparatus of claim 8, further comprising the processor circuitry to execute the instructions to send the data block compressed using the first compression process to a sender of the request.
(Claim 10)
The apparatus of claim 8, further comprising retaining deduplication of the data block.
(Claim 10)
The apparatus of claim 8, further comprising retaining deduplication of the data block.
(Claim 11)
The apparatus of claim 8, wherein the data block was compressed by an application using the lighter-weight compression process.
(Claim 11)
The apparatus of claim 8, wherein the data block was compressed by an application using the first compression process.
(Claim 12)
The apparatus of claim 8, wherein the data block was compressed by an application using the lighter-weight compression process.
(Claim 12)
The apparatus of claim 11, wherein the data block was compressed by the application at a file layer using the first compression process, the first compression process using a user file layer compression format.
(Claim 13)
The apparatus of claim 8, wherein the data block was decompressed by the processor circuitry in a storage node at a container file layer using the heavier- weight compression process, the heavier-weight compression process using a container file layer compression format.
(Claim 13)
The apparatus of claim 8, wherein the data block was decompressed by the processor circuitry in a storage node at a container file layer using the second compression process, the second compression process using a container file layer compression format.
(Claim 14)
The apparatus of claim 8, wherein the lighter-weight compression process uses a first chunk size and the heavier-weight compression process uses a second chunk size, the second chunk size being larger than the first chunk size.
(Claim 14)
The apparatus of claim 8, wherein the first compression process uses a first chunk size and the second compression process uses a second chunk size, the second chunk size being larger than the first chunk size.
(Claim 15)
At least one tangible machine-readable storage medium comprising instructions which, when executed by processor circuitry, cause the processor circuitry to: receive a request to access a data block stored in a storage; read format information stored within the data block to determine whether the data block is compressed according to a heavier-weight compression process or a lighter-weight compression process; and in response to the data block being compressed according to the lighter-weight compression process, decompress the data block using the lighter-weight compression process to form a decompressed data block, compress the decompressed data block using the heavier-weight compression process, and provide access to the data block compressed using the heavier-weight compression process.
(Claim 15)
At least one tangible machine-readable storage medium comprising instructions which, when executed by processor circuitry, cause the processor circuitry to: receive a request to access a data block stored in a storage; read format information stored within the data block to determine whether the data block is compressed according to a first compression process or a second compression process; and in response to the data block being compressed according to the second compression process, decompress the data block using the second compression process to form a decompressed data block, compress the decompressed data block using the first compression process, and provide access to the data block compressed using the first compression process.
(Claim 16)
The at least one tangible machine-readable storage medium of claim 15, comprising the processor circuitry to execute the instructions to send the data block compressed using the heavier-weight compression process to a sender of the request.
(Claim 16)
The at least one tangible machine-readable storage medium of claim 15, comprising the processor circuitry to execute the instructions to send the data block compressed using the first compression process to a sender of the request.
(Claim 17)
The at least one tangible machine-readable storage medium of claim 15, comprising retaining deduplication of the data block.
(Claim 17)
The at least one tangible machine-readable storage medium of claim 15, comprising retaining deduplication of the data block.
(Claim 18)
The at least one tangible machine-readable storage medium of claim 15, wherein the data block was compressed by an application using the lighter-weight compression process.
(Claim 18)
The at least one tangible machine-readable storage medium of claim 15, wherein the data block was compressed by an application using the first compression process.
(Claim 19)
The at least one tangible machine-readable storage medium of claim 18, wherein the data block was compressed by the application at a file layer using the lighter-weight compression process, the lighter-weight compression process using a user file layer compression format.
(Claim 19)
The at least one tangible machine-readable storage medium of claim 18, wherein the data block was compressed by the application at a file layer using the first compression process, the first compression process using a user file layer compression format.
(Claim 20)
The at least one tangible machine-readable storage medium of claim 15, comprising the processor circuitry to execute the instructions to decompress the data block at a container file layer using the heavier-weight compression process, the heavier-weight compression process using a container file layer compression format.
(Claim 20)
The at least one tangible machine-readable storage medium of claim 35, comprising the processor circuitry to execute the instructions to decompress the data block at a container file layer using the second compression process, the second compression process using a container file layer compression format.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the issued patents make obvious the claims of the pending application in that the limitations claimed in the pending application are found in the issued patents even though they are not necessarily presented in the same order as those in the issued patents. “A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus). “ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN BRUNER JEANGLAUDE whose telephone number is (571)272-1804. The examiner can normally be reached Monday-Thursday 7:00 AM-5:00 PM.
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/JEAN B JEANGLAUDE/Primary Examiner, Art Unit 2845