DETAILED ACTION
reNotice 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 1-20 are pending.
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 1-6, 10-15, 19, 20 of U.S. Patent No. 11,360,860. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the instant application are anticipated by the claims of the patent. See below table for some of the claims from the instant application and the patent for the comparison.
Instant Application
Pat. 11,360,860
1. A system comprising: at least one processor and memory having instructions that are executable by the at least one processor to cause the system to:
1. A system comprising: at least one processor and memory having instructions that, when executed, cause the at least one processor to perform operations comprising:
receive, at a backup host operating in a foreign database recovery environment, a database from a source host in a native database recovery environment;
receiving a database from a source host operating in a native database recovery environment, the database being received at a backup host operating in a foreign database recovery environment and utilizing foreign snapshot files and foreign incremental files for restoring the database;
receive export information at the backup host, the export information indicating a target host in the native database recovery environment;
receiving export information at the backup host, the export information including a target host and a point-in-time and a database name identifying the database for export from the backup host to the target host, the target host operating in the native database recovery environment;
initiating a job, on the backup host, responsive to receiving the export information, the job executing to cause the at least one processor to perform operations further comprising:
generate, at the backup host, script information based on the export information, the script information comprising scripts to facilitate exporting the database from the backup host to the target host;
generating script information based on the export information, the script information including scripts including logic to facilitate the export of the database from the backup host to the target host;
creating one or more directories based on the export information;
materialize file information comprising snapshots of the database and incremental changes to the database; and
materializing file information including snapshots of the database and incremental changes to the database, the file information to facilitate export of the database from the backup host to the target host; and
communicate the file information and the script information from the backup host operating in the foreign database recovery environment to the target host in the native database recovery environment to enable the target host to recover the database in the native database recovery environment.
communicating the file information and the script information, via the directories and over a network, to the target host, the directories enabling the target host to recover the database in the native database recovery environment based on the file information recovered from the foreign database recovery environment.
4. The system of claim 1, wherein, to generate the script information, the instructions are executable by the at least one processor to cause the system to: select a first template from a plurality of templates based on the export information.
2. The system of claim 1, wherein the generating the scripts includes selecting a first template from a plurality of templates based on the export information.
Claims 1, 2, 4-6, 10, 11, 13-15, 19, 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1- 4, 10-13, 19, 20 of U.S. Patent No. 12,158,820. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the instant application are anticipated by the claims of the patent. See below table for some of the claims from the instant application and the patent for the comparison.
Instant Application
Pat. 12,158,820
1. A system comprising: at least one processor and memory having instructions that are executable by the at least one processor to cause the system to:
1. A system, comprising: at least one processor and memory storing instructions that are executable by the at least one processor to perform operations comprising:
receive, at a backup host operating in a foreign database recovery environment, a database from a source host in a native database recovery environment;
communicating data associated with an image of a database from a source host operating in a native database recovery environment to a backup host operating in a foreign database recovery environment; and
receive export information at the backup host, the export information indicating a target host in the native database recovery environment;
generate, at the backup host, script information based on the export information, the script information comprising scripts to facilitate exporting the database from the backup host to the target host;
receiving file information and script information at the source host from the backup host, wherein the file information comprises snapshot files and incremental files associated with the data associated with the image of database, wherein the script information is based at least in part on template information exported from the source host, and wherein the script information comprises one or more scripts executable by the source host to perform operations comprising:
materialize file information comprising snapshots of the database and incremental changes to the database; and communicate the file information and the script information from the backup host operating in the foreign database recovery environment to the target host in the native database recovery environment to enable the target host to recover the database in the native database recovery environment.
causing, based at least in part on execution of the one or more scripts received at the source host from the backup host, a recovery of the database to a point-in-time based on the snapshot files and the incremental files, causing, based at least in part on execution of the one or more scripts received at the source host from the backup host, an identification of changes to the database after the point-in-time, and causing, based at least in part on execution of the one or more scripts received at the source host from the backup host, and after the recovery of the database to the point-in-time based on the snapshot files and the incremental files, a recovery of the database to a time after the point-in-time based on the changes to the database after the point-in-time.
2. The system of claim 1, wherein, to receive the database from the source host, the instructions are executable by the at least one processor to cause the system to: receive one or more foreign snapshot files and one or more foreign incremental files for restoring the database.
2. The system of claim 1, wherein the data associated with the image of the database comprises foreign snapshot files and foreign incremental files.
5. The system of claim 4, wherein, to generate the script information, the instructions are further executable by the at least one processor to cause the system to: initialize plug-in value information in the first template based on the export information.
3. The system of claim 1, wherein: the script information comprises a first script that is based on a first template, the first template comprises plug-in value information, and the plug-in value information comprises the point-in-time and a database name identifying the database.
Claims 1-6, 10-15, 19, 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 10, 12, 13, 19 of U.S. Patent No. 11,604,761. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the instant application are anticipated by the claims of the patent. The only difference between the instant application and the patent is that the patent recites restoring a tablespace to a source host while the instant application recites restoring database to a target host. However, given that a database is divided into one or more logical storage units of table spaces, a database with only one tablespace may be interpreted analogous to a database. Based on this interpretation, the claims of the instant application are anticipated by the claims of the patent. See below table for some of the claims from the instant application and the patent for the comparison.
Instant Application
Pat. 11,604,761
1. A system comprising: at least one processor and memory having instructions that are executable by the at least one processor to cause the system to:
1. A system comprising: at least one processor and memory having instructions that, when executed, cause the at least one processor to perform operations comprising:
receive, at a backup host operating in a foreign database recovery environment, a database from a source host in a native database recovery environment;
receiving a database from a source host operating in a native database recovery environment, the database being received at a backup host operating in a foreign database recovery environment and utilizing foreign snapshot files and foreign incremental files for restoring the database;
receive export information at the backup host, the export information indicating a target host in the native database recovery environment;
receiving export information at the backup host, the export information including a tablespace identifier and a point-in-time that identifies a tablespace including file information for export from the backup host to the source host operating in the native database recovery environment; and
initiating a job, on the backup host, responsive to receiving the export information, the job executing to cause the at least one processor to perform operations further comprising:
generate, at the backup host, script information based on the export information, the script information comprising scripts to facilitate exporting the database from the backup host to the target host;
generating script information based on the export information, the script information including scripts including logic for execution on the source host to recover the tablespace, at the point-in-time, in the database on the source host in the native database recovery environment; creating one or more directories on the backup host based on the export information;
materialize file information comprising snapshots of the database and incremental changes to the database; and
materializing the file information on the backup host, the file information including snapshots of the database and incremental changes to the database, the file information to facilitate creation of an auxiliary database on the source host; and
communicate the file information and the script information from the backup host operating in the foreign database recovery environment to the target host in the native database recovery environment to enable the target host to recover the database in the native database recovery environment.
communicating the file information and the script information, via the one or more directories, and over a network, to the source host, the one or more directories and the script information enabling the source host to recover the tablespace, at the point-in-time, in the database on the source host in the native database recovery environment.
5. The system of claim 4, wherein, to generate the script information, the instructions are further executable by the at least one processor to cause the system to: initialize plug-in value information in the first template based on the export information.
3. The system of claim 2, wherein the generating the script information includes initializing plug-in value information in a first template based on the export information.
Allowable Subject Matter
Claims 1-20 are allowable if terminally disclaimed to overcome the nonstatutory double patenting rejection noted above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Pat. 10,795,777 B1 discloses a technique for creating, in a non-native format, verified snapshots and change log archives for data in a database (e.g., tables, partitions, etc.). The verified snapshots and change log archives may be used to restore the database.
PG Pub. 2016/0,147,613 A1 discloses a method for recovering a backup database created by a source database system into the target database system using foreign backups.
US Pat. 9,444,811 B2 discloses a system that preserves the autonomy of two or more distinct storage management systems all the while enabling backed up data to be restored from a first storage management system (the “local system”) to a specially-configured client in a second storage management system (the “remote system”).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAE M KO whose telephone number is (571)270-3886. The examiner can normally be reached M-F 9 am - 5 pm.
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/CHAE M KO/Primary Examiner, Art Unit 2114