Prosecution Insights
Last updated: April 19, 2026
Application No. 18/829,457

APPARATUS FOR DETERMINING BACKUP CONFIGURATION OF STORAGE SYSTEM

Final Rejection §103
Filed
Sep 10, 2024
Examiner
CHBOUKI, TAREK
Art Unit
2165
Tech Center
2100 — Computer Architecture & Software
Assignee
Hitachi Vantara Ltd.
OA Round
2 (Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
3y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
690 granted / 850 resolved
+26.2% vs TC avg
Strong +24% interview lift
Without
With
+24.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
17 currently pending
Career history
867
Total Applications
across all art units

Statute-Specific Performance

§101
9.7%
-30.3% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
12.7%
-27.3% vs TC avg
§112
9.3%
-30.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 850 resolved cases

Office Action

§103
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 . Response to Amendment This Office action has been issued in response to amendment filed on 07/30/2025 Claims 1-13 are pending. Applicants' arguments have been carefully and respectfully considered and addressed. Accordingly, this action has been made FINAL necessitated by amendment. Response to Arguments Applicant’s arguments regarding the amended claims were fully considered and are moot in view of the new ground of rejection. Priority Please refer to the communication with Doc Code PD.RETR.FAIL dated 08/21/2025 indicating the attempt to retrieve priority document has Failed; therefore the priority date is not granted.. Claim objection The independent claims are objected to because the clause “host IO” need to be spelled out before abbreviation (host input and output) Allowable Subject Matter Claims 7 and 11 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. 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. Claims 1 and 12-13 are rejected under 35 U.S.C. 103(a) as being unpatentable over Chen et al (hereinafter Chen) US Publication No 20250030626 in view of McCarthy et al (hereinafter McCarthy) US Publication No 20240232042. As per claim 1, Chen discloses: An apparatus for determining a configuration to backup data of a storage system, the apparatus comprising: a processor; and a memory apparatus, wherein the storage system includes a plurality of front-end interfaces for block processing, wherein the memory apparatus stores configuration determination information, the configuration determination information including: network performance information indicating performance of a network between the storage system and a backup destination, (Fig.3 and paragraphs [0007], [0011]-[0012], [0015]-[0017] and [0083]) and performance requirement information indicating a performance requirement for a host IO, (Fig.3 and paragraphs [0007], [0011]-[0012], [0015]-[0017] and [0083]) Chen does not explicitly teach and wherein the processor determines, on the basis of the configuration determination information, a first front-end interface that executes block processing including reading backup data from a storage device and a second front-end interface that transmits the block processed backup data read from the storage device data to the backup destination, however in analogous art of data management, McCarthy teaches: wherein the storage system includes a plurality of front-end interfaces for block processing, (Paragraphs [0018], [0048], [0090]-[0091] and [0100]) wherein the front-end interfaces execute block processing on write and read requests from a client, (Paragraphs [0018], [0048], [0090]-[0091] and [0100]) interface performance information indicating performance of the plurality of front-end interfaces, (Abstract and paragraphs [0006], [0008]-[0010], [0018]) and wherein the processor determines, on the basis of the configuration determination information, a first front-end interface that executes block processing including reading backup data from a storage device and a second front-end interface that transmits the block processed backup data read from the storage device data to the backup destination. (Fig. 3, 5 and Abstract and paragraphs [0080], [0090]-[0091, [0097] and [0100]) Therefore, it would have been obvious to a person in the ordinary skill in the art at the time of the filling of the invention to combine Chen and McCarthy by incorporating the teaching of McCarthy into the method of Chen. One having ordinary skill in the art would have found it motivated to use the content management of McCarthy into the system of Chen for the purpose of improving data processing performance. Claim 12 is a method claim corresponding to apparatus claim 1 and it is rejected under the same rational as claim 1. As per claim 13, Chen and McCarthy teach: The apparatus according to claim 1, wherein the first front-end interface and the second front-end interface are different front-end interfaces. (Fig. 3, 5 and Abstract and paragraphs [0080], [0090]-[0091, [0097] and [0100])( McCarthy) Claims 2-6 and 8-10 are rejected under 35 U.S.C. 103(a) as being unpatentable over Chen and McCarthy in view of Foreign document CN 108322406 titled “A kind of SDN data plane failure restoration methods based on link performance and flow point class” (hereinafter FOR-DOC). As per claim 2, Chen and McCarthy teach: determines a backup configuration to be set from among a plurality of backup configuration candidates, wherein each of the plurality of backup configuration candidates indicates a the first front-end interface that reads the backup data and the second front-end interface that transmits the backup data to a backup destination, (Fig. 3, 5 and Abstract and paragraphs [0080], [0090]-[0091, [0097] and [0100])( McCarthy) Chen and McCarthy do not explicitly teach backup configuration candidates, however in analogous art of backup management, FOR-DOC teaches: and wherein the plurality of backup configurations includes a first backup configuration, the first backup configuration including: a multi-host provisioning front-end interface that executes host IO processing, a backup front-end interface that is excluded from the host IO processing and from reading of the backup data and that transmits the backup data to the backup destination, and a backup data reading front-end interface that is excluded from the host IO processing and from processing to transmit the backup data to the backup destination and that reads the backup data. (Abstract and pages 2-3: The recovery effects of data plane failure are related with the selection of backup path, also related with the recovery policy of configuration. In the case of giving a SDN network, backup path how is chosen, recovery policy how is configured and to lose most caused by failure The small critical issue for becoming data plane failure recovery, the problem are known as data plane failure and restore problem. Above-mentioned literature protocol 2-5 belongs to active restoration methods, and document 2 relies primarily on link cost and chooses backup path To realize load balancing, but other indexs of link are not accounted for, it is possible to cause backup path overall performance bad, shadow Fault recovery effect is rung, document 2 will specifically flow the method or index of divided rank without proposition in addition to this, and it is The stream configuration 1+1 strategies of highest priority (i.e. transmit on operating path and backup path simultaneously, and operating path occurs by data flow Failure will not interrupt data communication), excessively waste bandwidth resource. Literature protocol 5:《Failure Recovery Using Vlan-tag in SDN:High Speed with Low Memory Requirement》It proposes to utilize label technique after a kind of fail-over policy reducing resource consumption, failure occur Aggregate data flow, and data flow is sent to the other end of faulty link. Therefore, it would have been obvious to a person in the ordinary skill in the art at the time of the filling of the invention to combine Chen and McCarthy and FOR-DOC by incorporating the teaching of FOR-DOC into the method of Chen and McCarthy. One having ordinary skill in the art would have found it motivated to use the content management of FOR-DOC into the system of Chen and McCarthy for the purpose of managing communication failure/load. As per claim 3, Chen and McCarthy teach: determines a backup configuration to be set from among a plurality of backup configuration candidates, wherein each of the plurality of backup configuration candidates indicates first front-end interface that reads the backup data and second front-end interface that transmits the backup data to a backup destination, and wherein the plurality of backup configurations includes a second backup configuration, (Fig. 3, 5 and Abstract and paragraphs [0080], [0090]-[0091, [0097] and [0100])( McCarthy) Chen and McCarthy do not explicitly teach multi-host provisioning front-end interface that executes host IO processing, and a backup front-end interface that is excluded from the host IO processing and from reading of the backup data and that transmits the backup data to the backup destination, and wherein the backup front-end interface acquires the backup data from the multi-host provisioning front-end interface, however in analogous art of backup management, FOR-DOC teaches: the second backup configuration including: a multi-host provisioning front-end interface that executes host IO processing, and a backup front-end interface that is excluded from the host IO processing and from reading of the backup data and that transmits the backup data to the backup destination, and wherein the backup front-end interface acquires the backup data from the multi-host provisioning front-end interface. (Abstract and pages 2-3: The recovery effects of data plane failure are related with the selection of backup path, also related with the recovery policy of configuration. In the case of giving a SDN network, backup path how is chosen, recovery policy how is configured and to lose most caused by failure The small critical issue for becoming data plane failure recovery, the problem are known as data plane failure and restore problem. Above-mentioned literature protocol 2-5 belongs to active restoration methods, and document 2 relies primarily on link cost and chooses backup path To realize load balancing, but other indexs of link are not accounted for, it is possible to cause backup path overall performance bad, shadow Fault recovery effect is rung, document 2 will specifically flow the method or index of divided rank without proposition in addition to this, and it is The stream configuration 1+1 strategies of highest priority (i.e. transmit on operating path and backup path simultaneously, and operating path occurs by data flow Failure will not interrupt data communication), excessively waste bandwidth resource. Literature protocol 5:《Failure Recovery Using Vlan-tag in SDN:High Speed with Low Memory Requirement》It proposes to utilize label technique after a kind of fail-over policy reducing resource consumption, failure occur Aggregate data flow, and data flow is sent to the other end of faulty link. Therefore, it would have been obvious to a person in the ordinary skill in the art at the time of the filling of the invention to combine Chen and McCarthy and FOR-DOC by incorporating the teaching of FOR-DOC into the method of Chen and McCarthy. One having ordinary skill in the art would have found it motivated to use the content management of FOR-DOC into the system of Chen and McCarthy for the purpose of managing communication failure/load. As per claim 4, Chen and McCarthy teach: determines a backup configuration to be set from among a plurality of backup configuration candidates, wherein each of the plurality of backup configuration candidates indicates the front-end interface that reads the backup data and the front-end interface that transmits the backup data to a backup destination, (Fig. 3, 5 and Abstract and paragraphs [0080], [0090]-[0091, [0097] and [0100])( McCarthy) Chen does not explicitly teach wherein the plurality of backup configurations includes a first backup configuration and a basic configuration, the first backup configuration including: a multi-host provisioning front-end interface that executes host IO processing, a backup front-end interface that is excluded from the host IO processing and from reading of the backup data and that transmits the backup data to the backup destination, and a backup data reading front-end interface that is excluded from the host IO processing and from processing to transmit the backup data to the backup destination and that reads the backup data, and the basic configuration including: a multi-host provisioning front-end interface that executes host IO processing, however in analogous art of backup management, FOR-DOC teaches: wherein the plurality of backup configurations includes a first backup configuration and a basic configuration, the first backup configuration including: a multi-host provisioning front-end interface that executes host IO processing, a backup front-end interface that is excluded from the host IO processing and from reading of the backup data and that transmits the backup data to the backup destination, and a backup data reading front-end interface that is excluded from the host IO processing and from processing to transmit the backup data to the backup destination and that reads the backup data, and the basic configuration including: a multi-host provisioning front-end interface that executes host IO processing, Abstract and pages 2-3: The recovery effects of data plane failure are related with the selection of backup path, also related with the recovery policy of configuration. In the case of giving a SDN network, backup path how is chosen, recovery policy how is configured and to lose most caused by failure The small critical issue for becoming data plane failure recovery, the problem are known as data plane failure and restore problem. Above-mentioned literature protocol 2-5 belongs to active restoration methods, and document 2 relies primarily on link cost and chooses backup path To realize load balancing, but other indexs of link are not accounted for, it is possible to cause backup path overall performance bad, shadow Fault recovery effect is rung, document 2 will specifically flow the method or index of divided rank without proposition in addition to this, and it is The stream configuration 1+1 strategies of highest priority (i.e. transmit on operating path and backup path simultaneously, and operating path occurs by data flow Failure will not interrupt data communication), excessively waste bandwidth resource. Literature protocol 5:《Failure Recovery Using Vlan-tag in SDN:High Speed with Low Memory Requirement》It proposes to utilize label technique after a kind of fail-over policy reducing resource consumption, failure occur Aggregate data flow, and data flow is sent to the other end of faulty link. a single basic backup front-end interface that is excluded from the host IO processing and that reads the backup data and transmits the backup data to the backup destination, and wherein the processor refers to the configuration determination information to: select the basic configuration in a case where the backup performance of the basic configuration is equal to or greater than the bandwidth of a network to the backup destination, and select the first backup configuration in a case where the backup performance of the basic configuration is less than the bandwidth of the network to the backup destination and where the backup network bandwidth is greater than a predetermined performance requirement for the backup. (Abstract and pages 4: Compared with prior art, advantageous effect is:A kind of SDN numbers based on link performance and flow point class provided by the invention According to plane failure restoration methods, the performance indicator of link is obtained using time delay, available bandwidth, packet loss and reliability, being based on should The backup path performance that selecting index goes out is more superior, the average throughput higher of data flow after fault recovery;Utilize QoS request Different recovery policies are disposed by data flow classification, and for it so that in the high data of the limited priority of resource backup Stream obtains more resource backup, and the low data flow of priority obtains less resource backup, to limited in resource backup In the case of effectively reduce and lose caused by failure (wherein the QOS is requirement). Therefore, it would have been obvious to a person in the ordinary skill in the art at the time of the filling of the invention to combine Chen and McCarthy and FOR-DOC by incorporating the teaching of FOR-DOC into the method of Chen and McCarthy. One having ordinary skill in the art would have found it motivated to use the content management of FOR-DOC into the system of Chen and McCarthy for the purpose of managing communication failure/load. As per claim 5, Chen and McCarthy teach: determines a backup configuration to be set from among a plurality of backup configuration candidates, wherein each of the plurality of backup configuration candidates indicates the first front-end interface that reads the backup data and the second front-end interface that transmits the backup data to a backup destination, (Fig. 3, 5 and Abstract and paragraphs [0080], [0090]-[0091, [0097] and [0100])( McCarthy) Chen and McCarthy do not explicitly teach wherein the plurality of backup configurations includes a second backup configuration and a basic configuration, the second backup configuration including: a multi-host provisioning front-end interface that executes host IO processing, a backup front-end interface that is excluded from the host IO processing and from reading of the backup data and that transmits the backup data to the backup destination, the backup front-end interface acquiring the backup data from the multi-host provisioning front-end interface, and the basic configuration including: a multi-host provisioning front-end interface that executes host IO processing, and a single basic backup front-end interface that is excluded from the host IO processing and that reads the backup data and transmits the backup data to the backup destination, however in analogous art of backup management, FOR-DOC teaches: wherein the plurality of backup configurations includes a second backup configuration and a basic configuration, the second backup configuration including: a multi-host provisioning front-end interface that executes host IO processing, a backup front-end interface that is excluded from the host IO processing and from reading of the backup data and that transmits the backup data to the backup destination, the backup front-end interface acquiring the backup data from the multi-host provisioning front-end interface, and the basic configuration including: a multi-host provisioning front-end interface that executes host IO processing, and a single basic backup front-end interface that is excluded from the host IO processing and that reads the backup data and transmits the backup data to the backup destination, Above-mentioned literature protocol 2-5 belongs to active restoration methods, and document 2 relies primarily on link cost and chooses backup path To realize load balancing, but other indexs of link are not accounted for, it is possible to cause backup path overall performance bad, shadow Fault recovery effect is rung, document 2 will specifically flow the method or index of divided rank without proposition in addition to this, and it is The stream configuration 1+1 strategies of highest priority (i.e. transmit on operating path and backup path simultaneously, and operating path occurs by data flow Failure will not interrupt data communication), excessively waste bandwidth resource. Literature protocol 5:《Failure Recovery Using Vlan-tag in SDN:High Speed with Low Memory Requirement》It proposes to utilize label technique after a kind of fail-over policy reducing resource consumption, failure occur Aggregate data flow, and data flow is sent to the other end of faulty link. and wherein the processor refers to the configuration determination information to: select the basic configuration in a case where the backup performance of the basic configuration is equal to or greater than the bandwidth of a network to the backup destination, and select the second backup configuration in a case where the backup performance of the basic configuration is less than the bandwidth of the network to the backup destination and where a value obtained by adding the data reading performance of the basic backup front-end interface to the performance requirement for the host IO processing is greater than the data reading performance of the multi-host provisioning front-end interface. (Abstract and pages 4: Compared with prior art, advantageous effect is:A kind of SDN numbers based on link performance and flow point class provided by the invention According to plane failure restoration methods, the performance indicator of link is obtained using time delay, available bandwidth, packet loss and reliability, being based on should The backup path performance that selecting index goes out is more superior, the average throughput higher of data flow after fault recovery;Utilize QoS request Different recovery policies are disposed by data flow classification, and for it so that in the high data of the limited priority of resource backup Stream obtains more resource backup, and the low data flow of priority obtains less resource backup, to limited in resource backup In the case of effectively reduce and lose caused by failure (wherein the QOS is requirement). Therefore, it would have been obvious to a person in the ordinary skill in the art at the time of the filling of the invention to combine Chen and McCarthy and FOR-DOC by incorporating the teaching of FOR-DOC into the method of Chen and McCarthy. One having ordinary skill in the art would have found it motivated to use the content management of FOR-DOC into the system of Chen and McCarthy for the purpose of managing communication failure/load. As per claim 6, Chen and McCarthy teach: determines a backup configuration to be set from among a plurality of backup configuration candidates, wherein each of the plurality of backup configuration candidates indicates the first front-end interface that reads the backup data and second front-end interface that transmits the backup data to a backup destination, (Fig. 3, 5 and Abstract and paragraphs [0080], [0090]-[0091, [0097] and [0100])( McCarthy) Chen and McCarthy do not explicitly teach wherein the plurality of backup configurations includes a first backup configuration and a second backup configuration, the first backup configuration including: a multi-host provisioning front-end interface that executes host IO processing, a backup front-end interface that is excluded from the host IO processing and from reading of the backup data and that transmits the backup data to the backup destination, and a backup data reading front-end interface that is excluded from the host IO processing and from processing to transmit the backup data to the backup destination and that reads the backup data, and the second backup configuration including: a multi-host provisioning front-end interface that executes host IO processing, and a backup front-end interface that is excluded from the host IO processing and from reading of the backup data and that transmits the backup data to the backup destination, the backup front-end interface acquiring the backup data from the multi-host provisioning front-end interface, however in analogous art of backup management, FOR-DOC teaches: wherein the plurality of backup configurations includes a first backup configuration and a second backup configuration, the first backup configuration including: a multi-host provisioning front-end interface that executes host IO processing, a backup front-end interface that is excluded from the host IO processing and from reading of the backup data and that transmits the backup data to the backup destination, and a backup data reading front-end interface that is excluded from the host IO processing and from processing to transmit the backup data to the backup destination and that reads the backup data, and the second backup configuration including: a multi-host provisioning front-end interface that executes host IO processing, and a backup front-end interface that is excluded from the host IO processing and from reading of the backup data and that transmits the backup data to the backup destination, the backup front-end interface acquiring the backup data from the multi-host provisioning front-end interface, Above-mentioned literature protocol 2-5 belongs to active restoration methods, and document 2 relies primarily on link cost and chooses backup path To realize load balancing, but other indexs of link are not accounted for, it is possible to cause backup path overall performance bad, shadow Fault recovery effect is rung, document 2 will specifically flow the method or index of divided rank without proposition in addition to this, and it is The stream configuration 1+1 strategies of highest priority (i.e. transmit on operating path and backup path simultaneously, and operating path occurs by data flow Failure will not interrupt data communication), excessively waste bandwidth resource. Literature protocol 5:《Failure Recovery Using Vlan-tag in SDN:High Speed with Low Memory Requirement》It proposes to utilize label technique after a kind of fail-over policy reducing resource consumption, failure occur Aggregate data flow, and data flow is sent to the other end of faulty link. and wherein the processor refers to the configuration determination information to: select the first backup configuration in a case where the backup network bandwidth is greater than a predetermined performance requirement for the backup, and select the second backup configuration in a case where the backup network bandwidth is equal to or less than the predetermined performance requirement for the backup. (Abstract and pages 4: Compared with prior art, advantageous effect is:A kind of SDN numbers based on link performance and flow point class provided by the invention According to plane failure restoration methods, the performance indicator of link is obtained using time delay, available bandwidth, packet loss and reliability, being based on should The backup path performance that selecting index goes out is more superior, the average throughput higher of data flow after fault recovery;Utilize QoS request Different recovery policies are disposed by data flow classification, and for it so that in the high data of the limited priority of resource backup Stream obtains more resource backup, and the low data flow of priority obtains less resource backup, to limited in resource backup In the case of effectively reduce and lose caused by failure (wherein the QOS is requirement). Therefore, it would have been obvious to a person in the ordinary skill in the art at the time of the filling of the invention to combine Chen and McCarthy and FOR-DOC by incorporating the teaching of FOR-DOC into the method of Chen and McCarthy. One having ordinary skill in the art would have found it motivated to use the content management of FOR-DOC into the system of Chen and McCarthy for the purpose of managing communication failure/load. As per claim 8, Chen and McCarthy and FOR-DOC teach: The apparatus according to claim 2, wherein, in a case where a fault occurs in one of the backup front-end interface and the backup data reading front-end interface, the other of the backup front-end interface and the backup data reading front-end interface executes reading of the backup data and transmission of the backup data to the backup destination. Above-mentioned literature protocol 2-5 belongs to active restoration methods, and document 2 relies primarily on link cost and chooses backup path To realize load balancing, but other indexs of link are not accounted for, it is possible to cause backup path overall performance bad, shadow Fault recovery effect is rung, document 2 will specifically flow the method or index of divided rank without proposition in addition to this, and it is The stream configuration 1+1 strategies of highest priority (i.e. transmit on operating path and backup path simultaneously, and operating path occurs by data flow Failure will not interrupt data communication), excessively waste bandwidth resource. Literature protocol 5:《Failure Recovery Using Vlan-tag in SDN:High Speed with Low Memory Requirement》It proposes to utilize label technique after a kind of fail-over policy reducing resource consumption, failure occur Aggregate data flow, and data flow is sent to the other end of faulty link)(FOR-DOC) As per claim 9, Chen and McCarthy teach: determines a backup configuration to be set from among a plurality of backup configuration candidates, wherein each of the plurality of backup configuration candidates indicates the fist front-end interface that reads the backup data and the second front-end interface that transmits the backup data to a backup destination, (Fig. 3, 5 and Abstract and paragraphs [0080], [0090]-[0091, [0097] and [0100])( McCarthy) Chen and McCarthy do not explicitly teach wherein the plurality of backup configurations includes a third backup configuration, the third backup configuration including: a multi-host provisioning front-end interface that executes host IO processing, and a plurality of basic backup front-end interfaces, and wherein each of the plurality of basic backup front-end interfaces are excluded from the host IO processing and executes reading of the backup data and transmission of the backup data to the backup destination, however in analogous art of backup management, FOR-DOC teaches: wherein the plurality of backup configurations includes a third backup configuration, the third backup configuration including: a multi-host provisioning front-end interface that executes host IO processing, and a plurality of basic backup front-end interfaces, and wherein each of the plurality of basic backup front-end interfaces are excluded from the host IO processing and executes reading of the backup data and transmission of the backup data to the backup destination. (Abstract and pages 2-3: The recovery effects of data plane failure are related with the selection of backup path, also related with the recovery policy of configuration. In the case of giving a SDN network, backup path how is chosen, recovery policy how is configured and to lose most caused by failure The small critical issue for becoming data plane failure recovery, the problem are known as data plane failure and restore problem. Above-mentioned literature protocol 2-5 belongs to active restoration methods, and document 2 relies primarily on link cost and chooses backup path To realize load balancing, but other indexs of link are not accounted for, it is possible to cause backup path overall performance bad, shadow Fault recovery effect is rung, document 2 will specifically flow the method or index of divided rank without proposition in addition to this, and it is The stream configuration 1+1 strategies of highest priority (i.e. transmit on operating path and backup path simultaneously, and operating path occurs by data flow Failure will not interrupt data communication), excessively waste bandwidth resource. Literature protocol 5:《Failure Recovery Using Vlan-tag in SDN:High Speed with Low Memory Requirement》It proposes to utilize label technique after a kind of fail-over policy reducing resource consumption, failure occur Aggregate data flow, and data flow is sent to the other end of faulty link. Therefore, it would have been obvious to a person in the ordinary skill in the art at the time of the filling of the invention to combine Chen and McCarthy and FOR-DOC by incorporating the teaching of FOR-DOC into the method of Chen and McCarthy. One having ordinary skill in the art would have found it motivated to use the content management of FOR-DOC into the system of Chen and McCarthy for the purpose of managing communication failure/load. As per claim 10, Chen and McCarthy teach: determines a backup configuration to be set from among a plurality of backup configuration candidates, wherein each of the plurality of backup configuration candidates indicates the first front-end interface that reads the backup data and the second front-end interface that transmits the backup data to a backup destination, (Fig. 3, 5 and Abstract and paragraphs [0080], [0090]-[0091, [0097] and [0100])( McCarthy) Chen and McCarthy do not explicitly teach wherein the plurality of backup configurations includes a fourth backup configuration, the fourth backup configuration including: a multi-host provisioning front-end interface that executes host IO processing, and a plurality of backup front-end interfaces, and wherein each of the plurality of backup front-end interfaces is excluded from the host IO processing and from reading of the backup data and transmits the backup data acquired from the host provisioning front-end interface to the backup destination, however in analogous art of backup management, FOR-DOC teaches: wherein the plurality of backup configurations includes a fourth backup configuration, the fourth backup configuration including: a multi-host provisioning front-end interface that executes host IO processing, and a plurality of backup front-end interfaces, and wherein each of the plurality of backup front-end interfaces is excluded from the host IO processing and from reading of the backup data and transmits the backup data acquired from the host provisioning front-end interface to the backup destination. (Abstract and pages 2-3: The recovery effects of data plane failure are related with the selection of backup path, also related with the recovery policy of configuration. In the case of giving a SDN network, backup path how is chosen, recovery policy how is configured and to lose most caused by failure The small critical issue for becoming data plane failure recovery, the problem are known as data plane failure and restore problem. Above-mentioned literature protocol 2-5 belongs to active restoration methods, and document 2 relies primarily on link cost and chooses backup path To realize load balancing, but other indexs of link are not accounted for, it is possible to cause backup path overall performance bad, shadow Fault recovery effect is rung, document 2 will specifically flow the method or index of divided rank without proposition in addition to this, and it is The stream configuration 1+1 strategies of highest priority (i.e. transmit on operating path and backup path simultaneously, and operating path occurs by data flow Failure will not interrupt data communication), excessively waste bandwidth resource. Literature protocol 5:《Failure Recovery Using Vlan-tag in SDN:High Speed with Low Memory Requirement》It proposes to utilize label technique after a kind of fail-over policy reducing resource consumption, failure occur Aggregate data flow, and data flow is sent to the other end of faulty link. Therefore, it would have been obvious to a person in the ordinary skill in the art at the time of the filling of the invention to combine Chen and McCarthy and FOR-DOC by incorporating the teaching of FOR-DOC into the method of Chen and McCarthy. One having ordinary skill in the art would have found it motivated to use the content management of FOR-DOC into the system of Chen and McCarthy for the purpose of managing communication failure/load. Conclusion As necessitated by amendment, THIS ACTION IS MADE FINAL. 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 mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tarek Chbouki whose telephone number is 571-2703154. The examiner can normally be reached on Mon-Fri 9 am to 6:00 pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aleksandr Kerzhner can be reached at 571-2701760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TAREK CHBOUKI/ Primary Examiner, Art Unit 2165 10/09/2025
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Prosecution Timeline

Sep 10, 2024
Application Filed
May 27, 2025
Non-Final Rejection — §103
Jul 30, 2025
Response Filed
Oct 09, 2025
Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
81%
Grant Probability
99%
With Interview (+24.1%)
3y 5m
Median Time to Grant
Moderate
PTA Risk
Based on 850 resolved cases by this examiner. Grant probability derived from career allow rate.

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