DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
In response to communications filed on 18 December 2025, claims 21-40 are presently pending in the application, of which, claims 21, 30 and 36 are presented in independent form. The Examiner acknowledges amended claims 21, 23, 29, 30, 33, and 36-37. No claims were newly added or cancelled. Claims 1-20 were previously cancelled.
Priority
The Examiner acknowledges the instant application claims priority to U.S. Patent Application No. 18/361,966, filed 08 August 2024, now issued as U.S. Patent 12,169,472, which claims priority to U.S. Patent Application No. 17/216,940, filed 30 March 2021, now issued as U.S. Patent 11,714,782, and has been accorded the earliest effective file date.
Terminal Disclaimer
The terminal disclaimer filed on 18 December 2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. 11,714,782 and U.S. 12,169,472 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Remarks/Arguments
All objections and/or rejections issued in the previous Office Action, mailed 18 September 2025, have been withdrawn, unless otherwise noted in this Office Action.
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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.
Claims 21-29 are rejected under 35 U.S.C. 103 as being unpatentable by Ou-Yang, Dawin, et al (U.S. 2019/0340083 and known hereinafter as Ou-Yang) in view of Venketaraman, Sriram, et al (U.S. 2020/0050681, filed 16 November 2018, and published 13 February 2020, and known hereinafter as Venketaraman)(newly presented).
As per claim 21, Ou-Yang teaches a method, comprising:
a framing process based upon a determination that an operation is to be performed for data stored across the persistent memory file system and the storage file system of the node (e.g. Ou-Yang, see paragraph [0050], which discloses the user node operational state may correspond to a snapshot of the states across the various system components of the computer device and may include data about drivers, etc, where the snapshot contains overlay data that is captured.);
notifying the storage file system of blocks within the persistent memory file system that comprise more up-to-date data than corresponding blocks within the storage file system (e.g. Ou-Yang, see paragraph [0029-0033], which discloses a write filter that is configured to intercept all modifications to any sector on a protected volume. Anytime the file system attempts to modify a protected sector, a notification occurs and the write filter may redirect the sector from the protected volume to an overlay.);
determining that the framing process is complete based upon the storage file system being notified of the blocks comprising the more up-to-date data (e.g. Ou-Yang, see paragraph [0029-0033], which discloses a write filter that is configured to intercept all modifications to any sector on a protected volume. Anytime the file system attempts to modify a protected sector, a notification occurs and the write filter may redirect the sector from the protected volume to an overlay.); and
executing the operation based upon the framing process completing (e.g. Ou-Yang, see paragraph [0074], which discloses a timing diagram which illustrates start-up of device where in a known good state, until when the anchor point is defined, changes are made, the changes are depicted as persistent changes when anchor point is defined which causes the persisted changes.).
Ou-Yang does not explicitly teach enabling, by a node hosting a storage operating system storage stack separately implementing a persistent memory tier managing a persistent memory file system and a file system tier managing a storage file system separate from the persistent memory file system; and transmitting, by the persistent memory file system while the framing process is enabled, a framing operation from the persistent memory tier to the file system tier.
Venketaraman teaches enabling, by a node hosting a storage operating system storage stack separately implementing a persistent memory tier managing a persistent memory file system and a file system tier managing a storage file system separate from the persistent memory file system (e.g. Venketaraman, see paragraph [0057], which discloses creating a first snapshot for data units stored at a persistent memory of a computing device, the data units manages by a first file system, transferring metadata associated with the data units and the data units stored at the persistent memory to a storage device managed by a second file system using a logical object, the second file system executed by a storage system interfacing with the computing device.); and
transmitting, by the persistent memory file system while the framing process is enabled, a framing operation from the persistent memory tier to the file system tier (e.g. Venketaraman, see paragraph [0057], which discloses creating a first snapshot for data units stored at a persistent memory of a computing device, the data units manages by a first file system, transferring metadata associated with the data units and the data units stored at the persistent memory to a storage device managed by a second file system using a logical object, the second file system executed by a storage system interfacing with the computing device; and generating a second snapshot of the logical object at the storage device, the second snapshot including data units and associated metadata of the first snapshot.).
Ou-Yang is directed to configurable recovery states. Venketaraman is directed to protecting data of a persistent memory based file system. Both are analogous art because they are directed to persistent changes of a snapshot and therefore it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to modify the teachings of Ou-Yang with the teachings of Venketaraman to include the claimed features with the motivation to improve persistent memory based file systems.
As per claim 22, the modified teachings of Ou-Yang with Venketaraman teaches the method of claim 21, comprising:
executing the operation to create a snapshot of the data stored across the persistent memory file system and the storage file system (e.g. Ou-Yang, see paragraphs [0074-0075, which discloses changes are depicted as persistent changes when anchor point is defined, which causes the persistent changes to be available for future reboots, where a snapshot of memory contains the overlay data that may be captured.).
As per claim 23, the modified teachings of Ou-Yang with Venketaraman teaches the method of claim 21, comprising:
implementing a timer for the framing process that scans the persistent memory file system to identify and frame the blocks within the persistent memory file system that comprise the more up-to-date data (e.g. Ou-Yang, see paragraphs [0028, 0050, 0052], which discloses a snapshot across various components and memory image, where a write filter enables data writes that are intended for the first partition to be redirected a memory location, virtual overlay, different partition or suitable storage location.); and
aborting the framing process based upon the timer timing out (e.g. Ou-Yang, see paragraphs [0074-0077], which discloses depicting a timing diagram that illustrates start-up of devices at t1 where device is in a known good state until t2, when anchor point is defined, changes are made, the changes are depicted as persistent changes when anchor point is defined which causes the persistent changes.).
As per claim 24 the modified teachings of Ou-Yang with Venketaraman teaches the method of claim 21, comprising:
setting snapshot creation state information to a state indicating that the storage file system has received a snapshot request to create a snapshot as the operation (e.g. Ou-Yang, see paragraph [0030], which discloses reads sent to the protected volume may be sent to the underlying volume unless those sectors already exists in the overlay file.).
As per claim 25, the modified teachings of Ou-Yang with Venketaraman teaches the method of claim 21, comprising:
setting snapshot creation state information to a state indicating that the persistent memory file system has been notified by the storage file system that a snapshot is to be created by the operation (e.g. Ou-Yang, see paragraph [0030], which discloses reads sent to the protected volume may be sent to the underlying volume unless those sectors already exists in the overlay file.).
As per claim 26, the modified teachings of Ou-Yang with Venketaraman teaches the method of claim 21, comprising:
setting snapshot creation state information to a state indicating that the persistent memory file system has initiated the framing (e.g. Ou-Yang, see paragraph [0030], which discloses reads sent to the protected volume may be sent to the underlying volume unless those sectors already exists in the overlay file.).
As per claim 27, the modified teachings of Ou-Yang with Venketaraman teaches the method of claim 21, comprising:
setting snapshot creation state information to a state indicating that the persistent memory file system has notified the storage file system that the framing is complete (e.g. Ou-Yang, see paragraph [0030], which discloses reads sent to the protected volume may be sent to the underlying volume unless those sectors already exists in the overlay file.).
As per claim 28, the modified teachings of Ou-Yang with Venketaraman teaches the method of claim 21, comprising:
setting snapshot creation state information to a state indicating that the persistent memory file system has enabled the forwarding to bypass execution through the persistent memory file system of the operation received at a persistent memory tier (e.g. Ou-Yang, see paragraph [0030], which discloses reads sent to the protected volume may be sent to the underlying volume unless those sectors already exists in the overlay file, in which case reads are fetched from the overlay file. The underlying volume may reside in the underlying hard drive.).
As per claim 29, the modified teachings of Ou-Yang with Venketaraman teaches the method of claim 21, comprising:
setting snapshot creation state information to a state indicating that the persistent memory file system has enabled forwarding to forward, from a persistent memory tier, the operation to a storage file system tier for execution by the storage file system (e.g. Ou-Yang, see paragraph [0030], which discloses reads sent to the protected volume may be sent to the underlying volume unless those sectors already exists in the overlay file, in which case reads are fetched from the overlay file. The underlying volume may reside in the underlying hard drive.).
As per claim 30, Ou-Yang teaches a computing device comprising:
a memory comprising machine executable code (Ou-Yang, see Figure 1B, which discloses a memory coupled to a processor.); and
a processor coupled to the memory, the processor configured to execute the machine executable code to cause the computing device (Ou-Yang, see Figure 1B, which discloses a memory coupled to a processor.) to:
in response to determining that a snapshot is to be created for data stored across the persistent memory file system and a storage file system of a node (e.g. Ou-Yang, see paragraph [0190], which discloses receiving a request to update the known good state, the update comprises data operable to launch the computing device to reboot the computing device, where in response to the request to establish the updated known good state, persisting the record such that in response to a reboot of the computing device, the record is usable to restore the redirected writes, thereby launching the computing device to the updated known good state.) that hosts a storage operating system storage stack separately implementing a persistent memory tier managing the persistent memory file system and a file system tier managing the storage file system separate from the persistent memory file system;
notifying the storage file system of blocks within the persistent memory file system that comprise more up-to-date data than corresponding blocks within the storage file system (e.g. Ou-Yang, see paragraphs [0189-0191], which discloses receiving a request to update the known good state, where the record us usable to restore the redirected writes, thereby launching the computing device to the updated known good state.);
in response to the storage file system being notified of the blocks comprising the more up-to- date data (e.g. Ou-Yang, see paragraphs [0189-0191], which discloses in response to a reboot of the computing device, the record is usable to restore the redirected writes, thereby launching the computing device to the updated known good state.); and
create the snapshot to capture the data stored across the persistent memory file system and the storage file system (e.g. Ou-Yang, see paragraph [0030], which discloses reads sent to the protected volume may be sent to the underlying volume unless those sectors already exists in the overlay file, in which case reads are fetched from the overlay file. The underlying volume may reside in the underlying hard drive.).
Ou-Yang does not explicitly teach enabling, by a node hosting a storage operating system storage stack separately implementing a persistent memory tier managing a persistent memory file system and a file system tier managing a storage file system separate from the persistent memory file system; and transmitting, by the persistent memory file system while the framing process is enabled, a framing operation from the persistent memory tier to the file system tier.
Venketaraman teaches a persistent memory within which a persistent memory file system stores data (e.g. Venketaraman, see paragraph [0057], which discloses creating a first snapshot for data units stored at a persistent memory of a computing device, the data units manages by a first file system, transferring metadata associated with the data units and the data units stored at the persistent memory to a storage device managed by a second file system using a logical object, the second file system executed by a storage system interfacing with the computing device.); and
transmitting, by the persistent memory file system while the framing process is enabled, a framing operation from the persistent memory tier to the file system tier (e.g. Venketaraman, see paragraph [0057], which discloses creating a first snapshot for data units stored at a persistent memory of a computing device, the data units manages by a first file system, transferring metadata associated with the data units and the data units stored at the persistent memory to a storage device managed by a second file system using a logical object, the second file system executed by a storage system interfacing with the computing device; and generating a second snapshot of the logical object at the storage device, the second snapshot including data units and associated metadata of the first snapshot.).
Ou-Yang is directed to configurable recovery states. Venketaraman is directed to protecting data of a persistent memory based file system. Both are analogous art because they are directed to persistent changes of a snapshot and therefore it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to modify the teachings of Ou-Yang with the teachings of Venketaraman to include the claimed features with the motivation to improve persistent memory based file systems.
As per claim 31, the modified teachings of Ou-Yang with Venketaraman teaches the computing device of claim 30, wherein the machine executable code causes the computing device to:
set snapshot creation state information to a state indicating a consistency point operation has initiated the creation of the snapshot (e.g. Ou-Yang, see paragraph [0030], which discloses reads sent to the protected volume may be sent to the underlying volume unless those sectors already exists in the overlay file.).
As per claim 32, the modified teachings of Ou-Yang with Venketaraman teaches the computing device of claim 30, wherein the machine executable code causes the computing device to:
set snapshot creation state information to a state indicating that the persistent memory file system has been notified to create a snapshot image (e.g. Ou-Yang, see paragraph [0030], which discloses reads sent to the protected volume may be sent to the underlying volume unless those sectors already exists in the overlay file.).
As per claim 33, the modified teachings of Ou-Yang with Venketaraman teaches the computing device of claim 30, wherein the machine executable code causes the computing device to:
set snapshot creation state information to a state indicating that the persistent memory file system has disabled forwarding of operation to a storage file system tier (e.g. Ou-Yang, see paragraph [0030], which discloses reads sent to the protected volume may be sent to the underlying volume unless those sectors already exists in the overlay file.).
As per claim 34, the modified teachings of Ou-Yang with Venketaraman teaches the computing device of claim 30, wherein the machine executable code causes the computing device to:
implement a pending operation to either fully execute against the snapshot or fully execute against an active file system for which the snapshot is being created, wherein the pending operation is restricted from executing across both the snapshot and the active file system (e.g. Ou-Yang, see paragraph [0030], which discloses reads sent to the protected volume may be sent to the underlying volume unless those sectors already exists in the overlay file.).
As per claim 35, the modified teachings of Ou-Yang with Venketaraman teaches the computing device of claim 30, wherein the machine executable code causes the computing device to:
generate, by the persistent memory file system, a snapshot image as part of the snapshot (e.g. Ou-Yang, see paragraphs [0028, 0050, 0052], which discloses a snapshot across various components and memory image, where a write filter enables data writes that are intended for the first partition to be redirected a memory location, virtual overlay, different partition or suitable storage location.); and
add a hierarchical reference to the snapshot image (e.g. Ou-Yang, see paragraphs [0028, 0050, 0052], which discloses a snapshot across various components and memory image, where a write filter enables data writes that are intended for the first partition to be redirected a memory location, virtual overlay, different partition or suitable storage location.).
As per claim 36, Ou-Yang teaches a non-transitory machine readable medium comprising instructions, which when executed by a machine, causes the machine to:
initiate a framing process in response to a request to create a snapshot of data stored across a persistent memory file system managed by a persistent memory tier and a storage file system separately managed by a file system tier (e.g. Ou-Yang, see paragraph [0190], which discloses receiving a request to update the known good state, the update comprises data operable to launch the computing device to reboot the computing device, where in response to the request to establish the updated known good state, persisting the record such that in response to a reboot of the computing device, the record is usable to restore the redirected writes, thereby launching the computing device to the updated known good state.);
transmit while the framing process is enabled, a framing operation to the file system tier for notifying the storage file system of blocks within the persistent memory file system that comprise more up-to-date data than corresponding blocks within the storage file system (e.g. Ou-Yang, see paragraphs [0189-0191], which discloses receiving a request to update the known good state, where the record us usable to restore the redirected writes, thereby launching the computing device to the updated known good state.);
determine that the framing process is complete based upon the storage file system being notified of the blocks comprising the more up-to-date data (e.g. Ou-Yang, see paragraphs [0189-0191], which discloses in response to a reboot of the computing device, the record is usable to restore the redirected writes, thereby launching the computing device to the updated known good state.); and
create the snapshot based upon the framing process completing, wherein the snapshot captures the data stored across the persistent memory file system and the storage file system (e.g. Ou-Yang, see paragraph [0030], which discloses reads sent to the protected volume may be sent to the underlying volume unless those sectors already exists in the overlay file, in which case reads are fetched from the overlay file. The underlying volume may reside in the underlying hard drive.).
Ou-Yang does not explicitly teach enabling, by a node hosting a storage operating system storage stack separately implementing a persistent memory tier managing a persistent memory file system and a file system tier managing a storage file system separate from the persistent memory file system; and transmitting, by the persistent memory file system while the framing process is enabled, a framing operation from the persistent memory tier to the file system tier.
Venketaraman teaches enabling, by a node hosting a storage operating system storage stack separately implementing a persistent memory tier managing a persistent memory file system and a file system tier managing a storage file system separate from the persistent memory file system (e.g. Venketaraman, see paragraph [0057], which discloses creating a first snapshot for data units stored at a persistent memory of a computing device, the data units manages by a first file system, transferring metadata associated with the data units and the data units stored at the persistent memory to a storage device managed by a second file system using a logical object, the second file system executed by a storage system interfacing with the computing device.); and
transmitting, by the persistent memory file system while the framing process is enabled, a framing operation from the persistent memory tier to the file system tier (e.g. Venketaraman, see paragraph [0057], which discloses creating a first snapshot for data units stored at a persistent memory of a computing device, the data units manages by a first file system, transferring metadata associated with the data units and the data units stored at the persistent memory to a storage device managed by a second file system using a logical object, the second file system executed by a storage system interfacing with the computing device; and generating a second snapshot of the logical object at the storage device, the second snapshot including data units and associated metadata of the first snapshot.).
Ou-Yang is directed to configurable recovery states. Venketaraman is directed to protecting data of a persistent memory based file system. Both are analogous art because they are directed to persistent changes of a snapshot and therefore it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to modify the teachings of Ou-Yang with the teachings of Venketaraman to include the claimed features with the motivation to improve persistent memory based file systems.
As per claim 37, the modified teachings of Ou-Yang with Venketaraman teaches the non-transitory machine readable medium of claim 36, wherein the instructions cause the machine to:
in response to receiving a modify operation at the persistent memory tier, forward the modify operation as a forwarded operation to the storage file system (e.g. Ou-Yang, see paragraph [0029-0033], which discloses a write filter that is configured to intercept all modifications to any sector on a protected volume. Anytime the file system attempts to modify a protected sector, a notification occurs and the write filter may redirect the sector from the protected volume to an overlay.).
As per claim 38, the modified teachings of Ou-Yang with Venketaraman teaches the non-transitory machine readable medium of claim 37, wherein the instructions cause the machine to:
log the forwarded operation into a log of the node (e.g. Ou-Yang, see paragraph [0029-0033], which discloses a write filter that is configured to intercept all modifications to any sector on a protected volume. Anytime the file system attempts to modify a protected sector, a notification occurs and the write filter may redirect the sector from the protected volume to an overlay.); and
write the data of the forwarded operation to a target object within the storage file system (e.g. Ou-Yang, see paragraph [0029-0033], which discloses a write filter that is configured to intercept all modifications to any sector on a protected volume. Anytime the file system attempts to modify a protected sector, a notification occurs and the write filter may redirect the sector from the protected volume to an overlay.).
As per claim 39, the modified teachings of Ou-Yang with Venketaraman teaches the non-transitory machine readable medium of claim 38, wherein the instructions cause the machine to:
in response to the forwarded operation being logged in the log, remove a stale copy of the target object from the persistent memory file system (e.g. Ou-Yang, see paragraphs [0028, 0050, 0052], which discloses a snapshot across various components and memory image, where a write filter enables data writes that are intended for the first partition to be redirected a memory location, virtual overlay, different partition or suitable storage location.).
As per claim 40, the modified teachings of Ou-Yang with Venketaraman teaches the non-transitory machine readable medium of claim 38, wherein the instructions cause the machine to:
in response to the forwarded operation being logged in the log, perform a remote direct access memory transfer to notify a partner node that a stale copy of the target object was removed from the persistent memory file system (e.g. Ou-Yang, see paragraphs [0028, 0050, 0052], which discloses a snapshot across various components and memory image, where a write filter enables data writes that are intended for the first partition to be redirected a memory location, virtual overlay, different partition or suitable storage location.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See attached PTO-892 that includes additional prior art of record describing the general state of the art in which the invention is directed to.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARHAN M SYED whose telephone number is (571)272-7191. The examiner can normally be reached M-F 8:30AM-5:30PM.
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/FARHAN M SYED/Primary Examiner, Art Unit 2161 March 2, 2026