Prosecution Insights
Last updated: April 19, 2026
Application No. 18/869,333

DISTRIBUTING DEVICE, DISTRIBUTING SYSTEM, DISTRIBUTING METHOD AND PROGRAM

Non-Final OA §103
Filed
Nov 26, 2024
Examiner
BATAILLE, PIERRE MICHE
Art Unit
2138
Tech Center
2100 — Computer Architecture & Software
Assignee
NTT, Inc.
OA Round
1 (Non-Final)
93%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 93% — above average
93%
Career Allow Rate
1100 granted / 1186 resolved
+37.7% vs TC avg
Moderate +6% lift
Without
With
+6.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
26 currently pending
Career history
1212
Total Applications
across all art units

Statute-Specific Performance

§101
5.4%
-34.6% vs TC avg
§103
38.3%
-1.7% vs TC avg
§102
31.1%
-8.9% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1186 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 . Claims 1-7 are now pending in the application under prosecution and have been examined. Claim 8 has been canceled. The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. The specification should be amended to reflect the status of all related application, whether patented or abandoned. Therefore, applications noted by their serial number and/or attorney docket number should be updated with correct serial number and patent number if patented. The first instance of all acronyms or abbreviation should be spelled out for clarity, whether or not considered well known in the art. In the response to this Office action, the Examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Examiner in prosecuting this application. Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. 37 C.F.R. § 1.83(a) requires the Drawings to illustrate or show all claimed features. Applicant must clearly point out the patentable novelty that they think the claims present, in view of the state of the art disclosed by the references cited or the objections made, and must also explain how the amendments avoid the references or objections. See 37 C.F.R. § 1.111(c). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-3 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over US 20110060887 A1 (THATCHER et al) in view of US 20080109630 A1 (WATANABE et al). With respect to claim 1, THATCHER suggests distribution device (apparatus or master allocation manager to manage storage space allocation) [¶ 0093-0094; ¶ 0219-0224 Fig. 1C; FIG. 5] comprising: a storage unit comprising a memory device [storage element, Fig. 1C; ¶ 0098-0099]; an information creation unit, including one or more processors (client device of a computer network requesting space to store data Fig. 1; ¶ 0080-0081), configured to store, in the storage unit, remaining capacity information of a protected area received from each of a plurality of host computers forming a computer cluster (the apparatus comprising allocation query request module maintaining parameters, data structure or configuration parameters including identifier defining amount of available storage capacity associate with each client or groups of clients; maintaining identifiers or parameters indexing unallocated logical capacity or unassigned size or capacity and/or available physical storage size or storage capacity) [¶ 0221-0224; Fig. 12-, Fig. 13; ¶ 0195; ¶ 0209-0201]; and a transfer processing unit, including one or more processors, configured to transfer the processing request to the destination (servicing the allocation query) and transfer a response according to the processing request received from the destination to a requesting terminal (allocation reply module communicating a reply to the requesting device in response to a logical capacity module determining sufficient requested space, where the reply includes an indication of whether space is sufficient to satisfy the allocation request) [¶ 0206-0207; ¶ 0219-0222]. THATCHER teaches each time a processing request is received from one of a plurality of terminals, requesting execution of processing using the encrypted protected area on a memory of the host computer (the apparatus comprising allocation query determination module to identify available units in response to requesting to reserving an amount of available physical storage capacity on the data storage device to satisfy the physical storage space request) [Fig. 6; ¶ 21-22; ¶0200-0202] refer to the remaining capacity information of each of the plurality of host computers stored in the storage unit in accordance with the processing request (the allocation query determination module consulting or tracking the maintained data parameters or data structure for determining the unallocated logical space to identify assigned storage location in reference to requested minimum size so that data is sent in identifiable units constituting reserved physical address capacity) [¶ 0200-0202; ¶ 0222-0225]. THATCHER fails to specifically teach a destination selection unit that, including one or more processors, configured to select a destination to which the processing request is to be distributed. However, WATANABE teaches address mapping management table which includes correspondence information identifying destination volume for assignment or allocation to host or application program, the information indicating a correspondence between storage areas and the sizes of the storage areas to be allocated, allocating one of the storage areas, and storing data of the write request in the storage area, allocation server collecting requests from a host computer occurring for the storage areas and selecting a size of the storage area from the sizes of the storage areas by use of a size of data contained in each of reserve area requests thus collected [Fig. 4. 6, & 16, Fig. 11; Abstract; ¶ 0011-0012 ¶ 0048-0049; 0073-0075]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective fling of the instant application to combine the allocation system and process of THATCHER with the storage management selection with respect to WATANABE, in order to improve the utilization ratio of physical storage areas of the storage unit and in which the storage areas are efficiently secured, as taught by WATANABE [¶ 0008-0009]. With respect to claim 7, THATCHER suggests distribution method (method for allocating data storage space Fig. 6) of a distribution device (apparatus or master allocation manager to manage storage space allocation) [¶ 0093-0094; ¶ 0219-0224 Fig. 1C; FIG. 5] including a storage unit [storage element, Fig. 1C; ¶ 0098-0099], the method comprising: storing, in the storage unit, remaining capacity information of an encrypted protected area received from each of a plurality of host computers forming a computer cluster (maintaining parameters, data structure or configuration parameters including identifier defining amount of available storage capacity associate with each client or groups of clients; maintaining identifiers indexing unallocated storage capacity or unassigned size or capacity and/or available physical storage size or storage capacity) [¶ 0221-0224; Fig. 12-, Fig. 13; ¶ 0195; ¶ 0209-0201]; transferring the processing request to the destination; and transferring a response according to the processing request received from the destination to a requesting terminal (communicating a reply to the requesting device in response to the capacity request module determining if the requested space defines sufficient available, where the reply includes an indication of whether the requested space is sufficient logical space to satisfy the allocation request) [¶ 0206-0207; ¶ 0219-0222]. THATCHER teaches each time a processing request is received from one of a plurality of terminals, requesting execution of processing using the encrypted protected area on a memory of the host computer (the apparatus comprising allocation query determination module to identify available units in response to requesting to reserving an amount of available physical storage capacity on the data storage device to satisfy the physical storage space request) [Fig. 6; ¶ 0021-0022; ¶0200-0202] referring to the remaining capacity information of each of the plurality of host computers stored in the storage unit in accordance with the processing request (the allocation query determination module consult or track the maintained data structure for determining unallocated logical space to identify assigned storage location in reference to requested minimum size for data be sent in identifiable units constituting reserved physical address capacity) [¶ 0200-0202; ¶ 0222-0225]. THATCHER fails to specifically teach selecting a destination to which the processing request is to be distributed. However, WATANABE teaches address teaches address mapping management table which includes correspondence information identifying destination volume for assignment or allocation to host or application program, the information indicating a correspondence between storage areas and the sizes of the storage areas to be allocated, allocating one of the storage areas, and storing data of the write request in the storage area, allocation server collecting requests from a host computer occurring for the storage areas and selecting a size of the storage area from the sizes of the storage areas by use of a size of data contained in each of reserve area requests thus collected [Fig. 4. 6, & 16, Fig. 11; Abstract; ¶ 0011-0012 ¶ 0048-0049; 0073-0075]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective fling of the instant application to combine the allocation system and process of THATCHER with the storage management selection with respect to WATANABE, in order to improve the utilization ratio of physical storage areas of the storage unit and in which the storage areas are efficiently secured, as taught by WATANABE [¶ 0008-0009]. With respect to claim 2, THATCHER and WATANABE, combined, teach distribution device wherein, when a usage request which includes the capacity information of the protected area required for protected area usage processing and requests confirmation of whether or not the protected area usage processing can be used is received from the terminal prior to the processing request, the destination selection unit is configured to determine availability based on remaining capacity information of each of a plurality of host computers stored in the storage unit. (physical capacity allocation module to track parameters indicating assignment map and validity map with the reply to include an acknowledgement that the data storage device has the requested available physical storage capacity) [THATCHER’s ¶ 0017-0018; ¶ 206-0207]. With respect to claim 3, THATCHER and WATANABE, combined, teach distribution device, wherein when a usage request which includes the capacity information of the protected area required for protected area usage processing and requests confirmation of whether or not the protected area usage processing can be used is received from the terminal prior to the processing request, the destination selection unit is configured to determine availability based on remaining capacity information of each of a plurality of host computers stored in the storage unit (the physical capacity allocation module to determine the amount of available physical storage capacity using an index referencing the identify assigned storage locations wherein the available storage capacity may be a total (or budgeted) physical capacity minus the assigned capacity, maintaining an indicator of the available physical storage capacity, the indicator may be updated responsive to storage operations performed on the storage device including grooming operations for running the available physical storage capacity available on request) [THATCHER’s ¶ 0222] . With respect to claim 6, THATCHER teaches distribution system comprising: the distribution device (apparatus or master allocation manager to manage storage space allocation) [¶ 0093-0094; ¶ 0219-0224 Fig. 1C; FIG. 5] including a storage unit [storage element, Fig. 1C; ¶ 0098-0099]; and a plurality of host computers forming a computer cluster (client devices of a computer network requesting space to store data Fig. 1; ¶ 0080-0081), wherein the host computer includes: a memory having an encrypted protected area; a protected area monitoring function unit configured to acquire remaining capacity information of the encrypted protected area (client device to receive response to request of unallocated storage capacity or unassigned size or capacity and/or available physical storage size or storage capacity according to parameters, data structure or configuration parameters identifying amount of available storage capacity associate with each client or groups of clients logical) [¶ 0221-0224; Fig. 12-, Fig. 13; ¶ 0195; ¶ 0209-0201] and notify the distribution device of the remaining capacity information together a protected area usage processing unit configured to execute protected area usage processing upon receiving the processing request from the distribution device, and transmit a response including a return value according to the protected area usage processing to the distribution device (reply communicated to the requesting device in response to the capacity request module determining if the request has sufficient space, where the reply includes an indication of whether the storage space being sufficient to satisfy the allocation request) [¶ 0206-0207; ¶ 0219-0222]. reserve available physical storage capacity on the data storage device being part of physical space reservation). WATANABE teaches address mapping management table which includes correspondence information identifying destination volume for assignment or allocation and information allocating one of the storage areas to the virtual storage area [¶ 0048-0049; 0073-0075]. Allowable Subject Matter Claims 4-5 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20190303206 A1 (SHUTOH) teaching information processing apparatus including circuitry detecting a remaining capacity of a memory in response to a use request for the memory; detects an occupying application program and an occupying service occupying the memory; refers to the information for process-end prohibition. US 20070233972 A1 (KEITHLEY et al) teaching storage system processing a request received from a host computer for content units that meet at least one selection criterion specified in the request, the storage system may identify content units stored thereon that meet the selection criterion or criteria and return these content units to the host computer in response to the request. US 20090327757 A1 (KITO) teaching one storage system provides storage area includes at least one of an encrypted storage area and a plaintext storage area, the storage system configured to: receive an instruction about what type of storage area is available to the host computer; present the encrypted storage area to the host as an available storage area separate from unavailable storage areas. US 7,676,628 (COMPTON et al) teaching distributed storage nodes creating storage manager mapping information providing management service of disk space allocations tracking free and allocated regions of space indicating that sufficient space in the disk array has not been mapped at the node for the first application I/O operation. US 7,702,873 (GRIESS et al) teaching performing application I/O operation by accessing disk array using physical disk access information included within storage map for application I/O operation obtained from server. US 20090043959 A1 (YAMAMOTO) teaching permanent area calculated in accordance with the capacity and access frequency of a host computer data permanent area of a disk device contained in the storage system and a disk device of an external storage device that is managed by a storage virtualization function of this storage system. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to PIERRE MICHEL BATAILLE whose telephone number is (571)272-4178. The examiner can normally be reached Monday - Thursday 7-6 ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIM VO can be reached at (571) 272-3642. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PIERRE MICHEL BATAILLE/Primary Examiner, Art Unit 2138
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Prosecution Timeline

Nov 26, 2024
Application Filed
Mar 07, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
93%
Grant Probability
99%
With Interview (+6.2%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 1186 resolved cases by this examiner. Grant probability derived from career allow rate.

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