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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/6/2026 has been entered.
Response to Amendment
Applicant has amended claims 1-2 and 5-7 in the amendment filed on 2/6/2026. Claims 1-7 are currently pending in the present application.
Examiner’s Remarks
After further reviewed Applicant's arguments (i.e., pages 7-11 of the Applicant’s Remarks, and in light of the original specification, paragraphs [0006] – [0116]), the claimed amendment filed on February 6, 2026 overcomes the 35 U.S.C. § 112 and 101 rejections in the last office action. The limitations as added and/or amended to the independent claims 1 and 7 included additional elements that integrate the abstract idea into a practical application that would make the claims eligible under 35 U.S.C. § 101.
Response to Arguments
Applicant’s arguments filed on 2/6/2026 with respect to the claims 1-7 have been considered but they are moot in view of the new ground(s) of rejection.
Priority
In the last office action, the acknowledgment was made of applicant's claim for foreign priority based on an application filed in JAPAN JP2023-139685 on 8/30/2023. It is noted, however, that applicant has not filed/submitted a certified copy of the JP2023-139685 application as required by 37 CFR 1.55. Submission of the certified copy is respectfully required.
Claim Objections
Claim 7 is objected to because of the following informalities:
As per claim 7, the claim recites “A non-transitory computer-readable storage medium storing a program, the program being executed by a processor provided in a data deletion control device, the program causing the processor to access a memory having a first storage area and a second storage area…” which is objected because the recitations of “a first storage area” and “a second storage area” in the preamble have not been given patentable weight. A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). Therefore, “a first storage area” and “a second storage area” should be written in the body of the claim instead of the preamble of the claim.
Appropriate correction is respectfully required.
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 2 and 4 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.
As per claim 2, the claim recites the features following:
“accept user instruction” and “not accept user instruction” which the underlined features render the claim indefinite because it is unclear as whether the “user instruction” is referred to as the “user instruction” recited in the claim 1 or another/new user instruction;
“a second device” which renders the claim indefinite because it is unclear as whether the “second device” is referred to as the “second source device” or another/new device; and
“the first device” which renders the claim indefinite because it is unclear as whether the “first device” is referred to as the “first source device” or another/new device.
As per claim 4, the claim recites “the first source device includes a storage device communicably coupled to the data deletion control device and configured to store the data” which the underlined feature render the claim indefinite because is unclear as whether “the data” is referred to as the “first data” recited in the claim 1 or another/new data.
Clarifications or corrections are respectfully required.
Allowable Subject Matter
Claims 1, 3, 5 and 6 are allowed.
Claim 7 would be allowable if rewritten or amended to overcome the objection; claims 2 and 4 would be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action; and an submission of the certified copy the JP2023-139685 application as required by 37 CFR 1.55 is respectfully requested.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
After further consideration of the prior arts of record and conducting different searches in PE2E - SEARCH, Similarity Search, Google Scholar, and ACM Digital Library, it appears that none of prior arts discloses, teaches or fairly suggests the limitations as a whole in the independent claims 1 and 7.
The cited prior art, Patiejunas et al. (US 10,120,579 B1) involves in a data management scheme for optimizing data storage are described herein. A deletion quantity or other metric relating to deletions of data within a first storage zone are tracked. Upon detection that the tracked deletion metric meets certain criteria, the data within the first storage zone are moved to a second storage zone. A verification of the data to be moved is also performed, and if such verification indicates that at least a portion of the data is corrupted, routines repairing and/or restoring at least the corrupted portion are initiated.
Another cited prior art, FOR (JP 2020509467 A) involves in deleting data from a data storage device having a memory, the method including writing a known data pattern to a plurality of known memory locations of the data storage device, and deleting the data from the data storage device. Performing the data deletion procedure, reading the data stored in the known memory location after the completion of the data deletion procedure, comparing the read data with the data of the known data pattern, and reading the read data. Determining a verification result based at least in part on a result of the comparison between the data and the known data pattern.
Another cited prior art, Kobayashi et al. (JP-2016206964-A) involves in a cache memory storage control which controls a first cache memory to store first data to be stored in a plurality of first storage devices; a redundancy determination which determines redundancy of data, on the basis of the configuration of the first storage devices and second devices; a cache function setting which enables cache function using a second cache memory in some storage devices of the first storage devices, on the basis of the redundancy determined by the redundancy determination; a data write which writes the first data to the first storage devices by means of the cache function; and a memory release which deletes the first data stored in the first cache memory when the first data is completely written by the data write.
However, none of the prior arts, singular and any order combination, discloses the claimed limitations: “a first storage area and a second storage area; and an acquisition unit configured to: (i) acquire data from a plurality of source devices, the acquired data including first data acquired from a first source device and second data acquired from a second source device; (ii) store the first data acquired from the first source device in the first storage area; and (iii) store the second data acquired from the second source device in the second storage area; a deletion unit configured to: (i) execute deletion processing in order of oldest first of data stored in the first storage area upon satisfaction of a preset deletion condition such that the first data is deleted upon its satisfaction of the preset deletion condition because the first data is stored in the first storage area; and (ii) exclude data stored in the second storage area from the deletion processing; and an acceptance unit configured to move the second data from the second storage area to the first storage area in response to a user instruction representing user consent to the deletion processing of the second data”, as recited in the independent claims 1 and 7.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bai D. Vu whose telephone number is (571) 270-1751. The examiner can normally be reached 9:00 - 5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tony Mahmoudi can be reached at (571) 272-4078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BAI D VU/Primary Examiner, Art Unit 2163 3/10/2026