Prosecution Insights
Last updated: October 25, 2026
Application No. 18/998,847

DISTRIBUTED STORAGE AND MANAGEMENT OF DATA

Non-Final OA §103§112
Filed
Jan 27, 2025
Priority
Jul 29, 2022 — EU 22187702.0 +1 more
Examiner
GAVRILENKO, VLADIMIR I
Art Unit
2431
Tech Center
2400 — Computer Networks
Assignee
3Shape A/S
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
140 granted / 197 resolved
+13.1% vs TC avg
Strong +27% interview lift
Without
With
+27.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
12 currently pending
Career history
220
Total Applications
across all art units

Statute-Specific Performance

§101
7.2%
-32.8% vs TC avg
§103
63.1%
+23.1% vs TC avg
§102
14.5%
-25.5% vs TC avg
§112
10.8%
-29.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 197 resolved cases

Office Action

§103 §112
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 . DETAILED ACTION Claims 1 – 15 posted on 01/27/2025 and updated on 09/30/2025 are presently pending in the application and have been examined below, of which claim 1 is presented in independent form. Priority This application claims a confirmed foreign priority date by 07/29/2022. Accordingly, the effective priority date for the subject matter defined in the pending claims of the instant application is 07/29/2022. Drawings The drawings were received on 01/27/2025. These drawings are accepted. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/27/2025, has been considered. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, initialed and dated copy of Applicant’s IDS form 1449 filed as stated above is attached to the instant Office Action. Examiner Notes Examiner cites particular paragraphs, 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 prior art or disclosed by the examiner. Claims contain many extended descriptions of functions and operations related to computing nodes withing computation network which are available in well-known textbooks in the field, e.g., B. A. Forouzan. Data Communications and Networking. 5th ed. McGrow-Hill. 2013. However, claims fail to disclose original features of suggested inventive concept as indicated in the office action below. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(b): (b) CONCLUSION. — The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim language may not be ambiguous, vague, incoherent, opaque, or otherwise unclear in describing and defining the claimed invention (See MPEP 2173.05(a)) Claims 1 – 15 recite terms "transport node", “commit node”, “relation node”. Here, the meaning of the terms is not clear from the prior art nor from specification and drawings at the time the application was filed. The newly introduced terminology is confusing and misleading for the following reasons. Term “node” is known in the prior art as a basic building block or connection point in a networking system (B. A. Forouzan. Data Communications and Networking. 5th ed. McGrow-Hill. 2013). On one hand it could be functioning as a computing device in a network. On the other hand, it could define a data unit in programming, ibid. New terminology may indicate a special configuration of a computing node to perform predefined functions. However, without clarification the new terminology makes respective claimed operations not well defined. For examination purposes the recited limitations are treated as regular computing nodes, i.e., devices configured for respective functions. Therefore, these claims are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 – 15 are rejected under 35 U.S.C. 103 as being unpatentable over Davies et al. (US 20230421366) (hereafter Davies), and in view of Hunn (US 20180005186) (hereafter Hunn). As per claim 1 Davies discloses: (Currently Amended) A method for distributed storage and management of data, the method comprising: receiving, by a computing device on a network, a set of dental data storing, by the computing device in the network (Davis, in para. [0017-0019, 0043] discloses data management in a distributed ledger system including storage distributed across different physical storage media; each node of the multi-node network comprises a storage forming a distributed storage system [0042]), a data abstract interfaced with a database, the data abstract storing one or more structured data entities, (Examiner note: “data abstract” is disclosed by applicant on p.20, ll.4-10 of SPECS as a data portion comprising header, data information that does not require decryption, data size; the data abstract is met in Davies by the data header, comprising variety of information as disclosed by Davies in para, [0070]), each of the one or more structured data entities including at least three node pairs including a first transport header node paired with a commit node, (Examiner note: limitation “structured data entity” is disclosed by applicant in SPECS in Figs. 3A,3B and related text section as specified computing node or nodes such as transport header node, commit node, relation node that are paired, i.e., interconnected and arranged within a network; the “structured data entity” is met in Davies by the computing blockchain nodes arranged, i.e., paired or interconnected, to form a peer-to-peer (P2P) network, as disclosed by Davies, in para. [0042], and comprising differently configured nodes, Davies, [0046]): the first transport header node including at least a [blob reference] [of]] to the commit node, one of the [blob references] of the commit node including a hash (Davies, in para. [0051] discloses hashing a data object for processing in a network) of the commit node and [size of the one of the blob references] of the commit node, and a second [blob reference] of the first transport header including a hash of a second transport header node and size second transport header (Davies, in para. [0046] discloses blockchain distributed multi-node network comprising differently configured nodes, i.e., transport, commit nodes, etc.), the commit node including a unique identifier, a digital signature (Davies, in para. [0068] discloses implementation of the cryptographic signature by data processing) (Davies, in para, [0042-0046] discloses a multi-node distributed network system processing variety of data, including personal data protected by data identifiers [0022])., and a data key, the data key being a relation node key encrypted with an entity key specific to an associated structured data entity of the one or more structured data entities (Davies, in para. [0075] discloses generation and usage of encryption key and public-private key pairs for secure data processing); the second transport header node paired with an encrypted relation node encrypted with the relation node key, the second transport header [including at least a blob reference] [[of]] to the encrypted relation node, one of the blob references of the encrypted relation node including a hash of a third transport header node and size of the third transport header, and a second blob reference of the second transport header including a hash of the encrypted relation node (Davies, in para. [0068, 0075] discloses hashing and encryption of data objects processed in multi-nodes blockchain network, i.e., having plurality of differently configured computing nodes [0042, 0046]) and size of the encrypted relation node, the encrypted relation node including a summary of data included in an encrypted data node and a data decryption key for the encrypted data node (Davies, in para. [0070, 0075] discloses data hashing, encryption using key-pairs and processing in the multi-node network including transaction data structures comprising headers containing indicators of size, identification etc.); the third transport header node paired with the encrypted data node a blob reference] of the data node, the blob reference of the data node including at least a size of the encrypted data node and a hash of the encrypted data node, wherein the encrypted data node includes encrypted data (Davies, in para. [0162] discloses encryption/decryption operation on data messages) related to the associated structured data entity encrypted using the data encryption key (Davies, in para. [0042] discloses plurality of interconnected computing nodes, i.e., paired, to form a peer-to-peer (P2P) network); transmitting, by the computing device, a request for the first transport header node and the paired commit node of a specific structured data entity of the one or more structured data entities; and receiving, by the computing device, the first transport header node and the paired commit node of the specific structured data entity (Davies, in para. [0058] discloses data communication within a blockchain network, i.e., data receiving/transmitting by computing nodes). Davies does not explicitly disclose usage of the Binary Large Object, BLOB, to be used by data processing in a network. However, Hunn, discloses Blob reference (Hunn, in para. [0129] discloses usage of the Binary Large Object, BLOB, that could be linked, i.e., referenced, for example, by natural language data object processing in a network of a blockchain distributed ledger, BDL, system). size of the one of the blob references (Hunn, in para. [0162] explicitly discloses coding format of processing data object sizes, i.e., blob objects sizes); It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention to modify Davies, in view of teaching of Hunn because they both disclose data processing in a blockchain distributed ledger and storage multi-nodal system. The motivation to combine would be to modify method of Davies for usage of blobs of large data objects processing in a network. As per claim 2 Davies as modified discloses: (Original) The method of claim 1, comprising: storing, by the computing device, a user access key, the user access key granting permission to access one or more of a plurality of entity keys, each of the plurality of entity keys associated with a structured data entity of the one or more structured data entities; identifying, by the computing device, a specific entity key of the one or more entity keys associated with the specific structured data entity (Davies, in para. [0075] discloses generation and usage of encryption key associated with respective entity and public-private key pairs for secure data processing); decrypting, by the computing device, the data key using the specific entity key (Davies, in para. [0162] discloses encryption/decryption operation on data blocks and messages using keys associated with respective entity); identifying, by the computing device, the second transport header node and the paired encrypted relation node based on the blob reference of the received commit node in the first transport header node; decrypting, by the computing device, the encrypted relation node using the relation node key of the decrypted data key (Davies, in para. [0162] discloses encryption/decryption operation on data messages); identifying, by the computing device, the third transport header node and the paired encrypted data node based on the encrypted relation node; and decrypting, by the computing device, the encrypted data of the encrypted data node using the data decryption key of the decrypted relation node (Davies, in para. [0072] discloses configuration and functioning of computing nodes in the distributed network serving according to respective node protocols, i.e., serving as transport, relation or commit nodes, interconnected, i.e., paired, in a distributed computing network). As per claim 3 Davies as modified discloses: (Original) The method of claim 2, wherein the network includes one or more computing devices associated with one or more users, the one or more computing devices defined as at least one of: a storage peer, a producer peer, a proxy peer, or a backup peer (Davies, in para. [0043] discloses a network system comprising computer equipment of different peers, i.e., computing stations with functions as primary and secondary communication stations, see e.g., B. A. Forouzan. Data Communications and Networking. 5th ed. McGrow-Hill. 2013); and wherein the one or more users form one or more groups of users, each group of users associated with a user access key (Davies, in para. [0055] discloses operations in a blockchain node system that could be organized in a form users’ groups). As per claim 4 Davies as modified discloses: (Currently Amended) The method of claim 1, wherein the blob reference of the commit node in the first transport header node includes a hash of the commit node and the second blob reference in the first transport header node (Hunn, in para. [0129] discloses usage of blob object by data processing), comprises at least one a hash and size of at least one a second transport header node of the associated structured data entity (Hunn, in para. [0073] discloses data objects hashing and processing withing the distributed ledger network). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention to modify Davies, in view of teaching of Hunn because they both disclose data processing in a blockchain distributed ledger and storage multi-nodal system. The motivation to combine would be to modify method of Davies for usage of blobs of large data objects processing in a network. As per claim 5 Davies as modified discloses: (Currently Amended) The method of claim 1, wherein the to the encrypted relation node in the second transport header node includes a hash of the encrypted relation node and the second blob reference in the second transport header node comprises at least one hash and size of at least one third transport header node of the associated structured data entity (Davies, in para. [0068, 0075] discloses hashing and encryption of data objects processed in multi-node blockchain network, i.e., having differently configured nodes [0046]). As per claim 6 Davies as modified discloses: (Original) The method of claim 1, wherein the database is cloud storage (Davies, in para. [0059] discloses usage of cloud computing resources). As per claim 7 Davies as modified discloses: (Original) The method of claim 1, wherein the network is a distributed network (Davies, in para. [0046] discloses blockchain distributed multi-node network comprising differently configured nodes, i.e., transport, commit nodes, etc.). As per claim 8 Davies as modified discloses: (Original) The method of claim 1, wherein the encrypted data is medical patient data (Examiner note: medical patient data are defined by applicant on p. 6, ll. 13-15 of SPECS as sensitive data required additional protection, e.g., identification etc.; the medical patient data are met in Davies by personal data protected by data identifiers) (Davies, in para, [0042-0046] discloses a multi-node distributed network system processing variety of data, including personal data protected by data identifiers, i.e., including medical data, in para. [0022]). As per claim 9 Davies as modified discloses: (Original) The method of claim 1, wherein the node pairs of each of the one or more structured data entities form a directed acyclic graph (Hunn, in para. [0067] discloses implementation of acyclic graph to represent linked object component). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention to modify Davies, in view of teaching of Hunn because they both disclose data processing in a blockchain distributed ledger and storage multi-nodal system. The motivation to combine would be to modify method of Davies for usage of acyclic graphs by data objects processing in a network. As per claim 10 Davies as modified discloses: (Currently Amended) The method of claim 1, comprising: generating, by the computing device, a data update of encrypted data of a specific encrypted data node of a specific structured data entity of the one or more structured data entities (Davies, in para. [0068] discloses data updates by hashing and encryption of data objects processed in multi-nodes blockchain network, i.e., having differently configured nodes [0046]); generating, by the computing device, a new third transport header node paired with a new data node, the new third transport header node including at least comprising a hash and size of the new data node; (Hunn, in para. [0129] discloses usage of the Binary Large Object, BLOB, that could be linked, i.e., referenced, for example, by natural language data object processing in a network of a blockchain distributed ledger, BDL, system). (Hunn, in para. [0162] explicitly discloses coding format of processing data object sizes, i.e., blob objects sizes); It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention to modify Davies, in view of teaching of Hunn because they both disclose data processing in a blockchain distributed ledger and storage multi-nodal system. The motivation to combine would be to modify method of Davies for usage of blobs of large data objects processing in a network. Davies further discloses: generating, by the computing device, a new data decryption key, the new data decryption key generated by hashing the new data node; encrypting, by the computing device, the new data node with the new data encryption key (Davies, in para. [0162] discloses encryption/decryption operation on data blocks and messages using keys associated with respective entity); generating, by the computing device, a new second transport header and a new relation node pair based on the new third transport header node and [[a]] the new data node, wherein one or more blob references of the new second transport header for the new relation node includes at least a hash of the new third transport header node and a hash of the new relation node, the new relation node including a summary of the data update included in the encrypted new data node and the new data decryption key; generating, by the computing device a new relation node key, the new relation node key generated by hashing the new relation node; encrypting, by the computing device, the new relation node with the new relation node key; (Davies, in para. [0068, 0075] discloses hashing and encryption of data objects processed in multi-nodes blockchain network, i.e., having differently configured nodes [0046], including e.g., transport nodes, relation nodes etc.) generating, by the computing device, a new first transport header node and a new commit node pair based on the data update, wherein one or more blob references of the commit node in the new first transport header node includes at least a hash and size of at least one previously generated commit node of the associated structured data entity, and the new commit node includes a new data key, the new data key being the new relation node key encrypted with the entity key of the specific structured data entity (Davies, in para. [0068] discloses data updates by hashing and encrypting data objects processed in multi-node blockchain network, i.e., having differently configured nodes [0046], including e.g., transport nodes, relation nodes, commit nodes); and transmitting, by the computing device, the new first transport header and commit node pair of the specific structured data entity of the one or more structured data entities to one or more second computing devices in the network. (Davies, in para. [0042] discloses computing nodes interconnected, i.e., paired, to form a peer-to-peer (P2P) network) As per claim 11 Davies as modified discloses: (Original) The method of claim 1, comprising: generating, by the computing device, a new structured data entity data to be added to the database, the new structured data entity including data identifying an existing structured data entity of the one or more structured data entities to which the new structured data entity is to be associated, wherein the generating of the new structured data entity includes: generating, by the computing device in the network, a new first transport header node and new commit node pair, a new second transport header node and new encrypted relation node pair (Davies, in para. [0072] discloses configuration and functioning of computing nodes in the distributed network serving according to respective node protocols, i.e., serving as transport, relation or commit nodes, interconnected, i.e., paired, in a distributed computing network), and a new third transport header node and new encrypted data node pair; linking, by the computing device, the new structured data entity with the existing structured data entity; and transmitting, by the computing device, the new structured data entity to one or more second computing devices in the network (Davies, in para. [0144] discloses data processing in distributed network where specific devices and operations are linked according to predefined protocols, [0072]). As per claim 12 Davies as modified discloses: (Currently Amended) The method of claim 11, wherein the new relation node and its transport header include the unique identifier of the existing structured data entity (Davies, in para, [0042-0046] discloses a multi-node distributed network system processing variety of data, including personal data protected by data identifiers [0022]); and wherein the linking includes: inserting a hash and size of the transport header of the commit node of the existing structured data entity into the transport header of the new relation node Davies, in para. [0144] discloses encrypted data processing in distributed network using respective keys where specific devices and operations are linked according to predefined protocols, [0072]). As per claim 13 Davies as modified discloses: (Original) The method of claim 1, wherein each of the one or more structured data entities are associated with a dental patient (Examiner note: medical patient data and dental data are defined by applicant on p. 6, ll. 13-15 of SPECS as sensitive data required additional protection, e.g., identification etc.; the medical patient data and/or dental data are met in Davies by personal data protected by data identifiers) (Davies, in para, [0042-0046] discloses a multi-node distributed network system processing variety of data, including personal data protected by data identifiers, i.e., including medical/dental data, in para. [0022]). As per claim 14 Davies as modified discloses: (Original) The method of claim 3, wherein the storage peer is associated with a dental office, and the producer peer is a computing device that generates dental data (Davies, in para, [0042-0046] discloses a multi-node distributed network system processing variety of data, including personal data protected by data identifiers, i.e., including medical/dental data, in para. [0022]). As per claim 15 Davies as modified discloses: (Currently Amended) The method of claim 1, wherein the encrypted data of the one or more structured data entities is stored able to only read the transport header nodes of the node pairs and the commit nodes without one or more decryption keys (Davies, in para. [0026, 0152] discloses regulations to access protected data using predetermined keys and credentials). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Fang US_11403632, Li US_11533164, Schvey US_11829494, Bian US_20130151852. Any inquiry concerning this communication or earlier communications from the examiner should be directed to VLADIMIR IVANOVICH GAVRILENKO whose telephone number is (313)446-6530. The examiner can normally be reached on Monday-Friday 7:30-4:30 EST. 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, Lynn Feild can be reached on (571) 272-2092. 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 https://ppair-my.uspto.gov/pair/PrivatePair. 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. /VLADIMIR I GAVRILENKO/Examiner, Art Unit 2431
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Prosecution Timeline

Jan 27, 2025
Application Filed
Sep 03, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
71%
Grant Probability
98%
With Interview (+27.3%)
3y 1m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
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