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 .
This office action is in response to Applicant’s amendment filed June 4, 2026. Claims 1-3, 5-7, 10-12, 14-16, and 19-20 have been amended. Claims 1-20 are pending.
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.
Claim(s) 1-3, 5-7, 10-12, 14-16, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (EP 3998754 (NOTE: this reference was indicated as EP 20875899 in the previous office action mailed 3/4/2026) in view of Li et al. (CN 115412737, hereinafter referred to as “Li”).
Regarding claim 1, Hu teaches a back-to-source method, comprising:
detecting, in response to a node in a device set (abstract - subscription server set) receiving a subscription request ([0065] a subscription request sent by the subscription server is received), whether there is a back-to-source node in the target device set (abstract - determining a first subscription server and a target subscription server in the subscription server set, the target subscription server already subscribing to and storing a target message, and the target message being a message to be subscribed to by the first subscription server); and
determining, in response to there being no back-to-source node in the device set, a back-to-source node from the node receiving the subscription request in the target device set, and performing a back-to-source operation through the back-to-source node (abstract - sending a notification message to the first subscription server, the notification message being used for indicating the first subscription server to subscribe to the target message from the target subscription server.).
However, Hu does not explicitly teach performing a back-to-source operation by sending a back-to-source request to a source node and receiving data sent by the source node in response to the back-to-source request through the back- to-source node, wherein the device set comprises devices communicating with each other through an internal network.
In an analogous art, Li teaches performing a back-to-source operation by sending a back-to-source request to a source node and receiving data sent by the source node in response to the back-to-source request through the back- to-source node (abstract - The embodiment application the invention claims a live broadcast return source relay node determining method and device, the method comprises: receiving a return source request; searching the distribution node of the live broadcast stream from multiple relay nodes; if the distribution node of the live stream is searched, determining the target relay node from the distribution node, for the downlink edge node corresponding to the source request to obtain the live stream through the target relay node; if the distribution node of the live stream is not searched, selecting the target relay machine room from the plurality of machine rooms according to the resource data of the plurality of machine rooms, and determining the target relay node from the node of the target relay machine room. for the application of the distribution node of the live broadcast stream, determining the target relay node from the distribution node; for the distribution node of the live stream, selecting the target relay machine room according to the resource data of the machine room, selecting the target relay node from the node of the target relay machine room, it can ensure the selection of the relay room to satisfy the resource load balance.),
wherein the device set comprises devices communicating with each other through an internal network (Step S103: determining the target relay node from the distribution node, for the downlink edge node corresponding to the return source request to obtain the live stream through the target relay node. if the distribution node of the live stream is searched, determining the target relay node from the distribution node, for the downlink edge node corresponding to the source request to obtain the live stream through the target relay node; Specifically, the node in the CDN drawing the live stream, can be the drawn live stream stored in the local node, subsequent if need to pull the same live stream, then can be directly obtained from the node, so, if finding at least one distribution node of the live stream, it shows that the distributed nodes are stored with a return source request to obtain the live stream, can randomly select the target relay node from the distributed nodes, also can determine the target relay node according to the preset strategy, for example, selecting the current output bandwidth utilization of the lowest distribution node as the target relay node.).
Before the effective filing date of the invention, one of ordinary skill in the art would have been motivated to modify the teaching of Hu with the teaching of Li to incorporate the back-to-source node determination technique so that, when servicing subscription requests, a designated back-to-source node retrieves data from the source node for distribution to requesting nodes, rather than having multiple nodes independently access the source. Such a modification would have reduced duplicate upstream request, reduced network bandwidth consumption, improved scalability, and reduced processing load on the source server.
Regarding claim 2, Hu teaches the method according to claim 1, wherein the determining a back-to-source node from the node receiving the subscription request in the device set comprises: taking, in response to the node receiving the subscription request in the device set comprising one node, the one node that receives the subscription request as the back-to-source node (abstract - determining a first subscription server and a target subscription server in the subscription server set, the target subscription server already subscribing to and storing a target message, and the target message being a message to be subscribed to by the first subscription serve).
Regarding claim 3, Hu teaches the method according to claim 1, wherein the determining a back-to-source node from the node receiving the subscription request in the device set comprises:
obtaining, in response to the node receiving the subscription request in the device set comprising a plurality of nodes, subscription time points when the plurality of nodes respectively receive the subscription request (abstract - obtaining a subscription timestamp of each subscription server in a subscription server set, the subscription timestamp being used for indicating a subscription progress of each subscription server); and
determining, based on the subscription time points, the back-to-source node from the plurality of nodes (abstract - according to the subscription timestamp of each subscription server, determining a sorting result of the subscription servers in the subscription server set).
Regarding claim 5, Hu teaches the method according to claim 1, further comprising: establishing, in response to both a source node and a first node receiving the subscription request being located in the device set, a back-to-source connection between the first and the source node (figure 1: storage server plus a set of subscription servers are part of the same set).
Regarding claim 6, Hu teaches the method according to claim 1, further comprising: performing, in response to a first node receiving the subscription request being not located in the device set, the step of determining a back-to-source node from the node receiving the subscription request in the device set (figure 1: servers must obtain data from storage server when no peer as it).
Regarding claim 7, Hu teaches the method according to claim 1, further comprising: performing, in response to there being a back-to-source node in the device set, the step of determining a back-to-source node from the node receiving the subscription request in the device set if the back-to-source node does not currently receive the subscription request ([0061] The embodiments of the present disclosure realize that the first subscription server subscribes to messages from the target subscription server, such that the number of subscription servers accessing the storage server simultaneously is reduced, and the number of subscription servers accessing the distributed message queue system simultaneously is reduced, thereby effectively dispersing the subscription pressure of a plurality of subscription servers to the distributed message queue system, greatly reducing the network communication load of the distributed message queue system, and reducing the consumption of machine resources.).
Claims 10-12, and 14-16 are electronic device version of claims 1-3, and 5-7 respectively, therefore are rejected under the same rationale. Claim 10 differs in that it further recites that the electronic device, comprising: at least one processor; at least one memory, configured to store instructions executable by the at least one processor; wherein the at least one processor is configured to execute the instructions to implement a back-to-source method. Nevertheless, both processor and memory are taught by Hu (figures 8 and 9).
Claims 19-20 are non-transient computer-readable medium version of claims 1-2, respectively, therefore are rejected under the same rationale.
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.
Claim(s) 4 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Li, in further view of Luo et al., (US 20200364095, hereinafter referred to as “Luo”).
Regarding claim 4, Hu in view of Li does not explicitly teach the method according to claim 2, further comprising: setting the back-to-source node through a distributed lock. In an analogous art, Luo teaches setting the back-to-source node through a distributed lock (abstract - The first nodes in the first cluster compete for the first distributed lock to implement sequential storage of the data operation requests. The second nodes in the second cluster compete for the second distributed lock to obtain the stored data operation requests sequentially, and complete the data operations on the target communication device.). Before the effective filing date of the invention, one of ordinary skill in the art would have been motivated to employ a distributed lock in order to ensure consistency and avoid conflict in competing nodes, thus making the back-to-source operation more robust.
Claim 13 is similar to claim 4, therefore are rejected under the same rationale.
Claim(s) 8-9 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Li, in further further in view of Qiu et al., (US 20200334085, hereinafter referred to as “Qiu”).
Regarding claim 8, Hu in view of Li does not explicitly teach the method according to claim 1, further comprising: obtaining a node list, wherein the node list comprises information of nodes in a back-to-source state; obtaining, in response to the node list comprising at least two nodes, current load information of each node in the node list; and determining, based on the load information, a back-to-source node from the node list.
In an analogous art, Qiu teaches obtaining a node list, wherein the node list comprises information of nodes in a back-to-source state (abstract - During operation, the system receives information indicating sets of pending load of a plurality of storage devices from one or more storage nodes of a distributed storage system. The set of pending load of a respective storage device includes a set of load from host operations and a set of load from background operations on the storage device.); obtaining, in response to the node list comprising at least two nodes, current load information of each node in the node list (abstract - The set of pending load of a respective storage device includes a set of load from host operations and a set of load from background operations on the storage device.); and determining, based on the load information, a back-to-source node from the node list (abstract - The system then selects, from the plurality of storage devices, a storage device with the smallest set of pending load based on the sets of pending load as the target resource and sends the target resource to the client node.).
Before the effective filing date of the invention, one of ordinary skill in the art would have been motivated to incorporate the teaching of Qiu into the teaching of Hu in order to allow the selection of back-to-source based on load information in order to avoid overloading a single server thus making the back-to-source selection more efficient.
Regarding claim 9, Hu in view of Li does not teach the method according to claim 8, further comprising: obtaining, in response to the node list being empty, a preset back-to-source node, and performing a back-to-source operation through the back-to-source node. Qiu teaches obtaining, in response to the node list being empty, a preset back-to-source node, and performing a back-to-source operation through the back-to-source node (abstract- The system then selects, from the plurality of storage devices, a storage device with the smallest set of pending load based on the sets of pending load as the target resource and sends the target resource to the client node.). The motivation to combine is the same as claim 8.
Claims 17-18 are similar to claims 8-9, respectively, therefore are rejected under the same rationale.
Response to Arguments
Claim Rejections - 35 USC § 112
The rejection is withdrawn in view of Applicant’s amendment and persuasive argument.
Claim Rejections - 35 USC § 102/103
Applicant’s arguments, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Li
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 ALINA N BOUTAH whose telephone number is (571)272-3908. The examiner can normally be reached M-F 7:00 AM - 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Umar Cheema can be reached at (571) 270-3037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALINA BOUTAH
Primary Examiner
Art Unit 2458
/ALINA A BOUTAH/Primary Examiner, Art Unit 2458
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