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 .
Claim Objections
Claim 36 is objected to because of the following informalities: the claim recites “storing, by the second storage device, based on receiving a write command including a data block.” The recitation appears to inadvertently omit an indication of what is being stored. The examiner assumes the storing step intends to store the data block and has examined the claim under this interpretation. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 21, 29 and 32 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ravindran et al. (9880750).
Regarding claim 21:
Ravindran teaches:
A system comprising:
a first storage device [fig 5B, 5C – ESMs];
a switch configured to route at least one storage command to the first storage device based on an address associated with the at least one storage command [col. 5 lines 6-15, col. 6 lines 45-57 – storage commands are routed to the storage devices based on MAC addresses]; and
a controller configured to cause the switch to route the at least one storage command to a device based on the first storage device satisfying a condition [col. 4 lines 62-65, col. 6 lines 45-57 – writes are accepted and the command is passed to a control CPU, which replies using the SPU. The commands are routed via the Ethernet switch, all under control of the control CPU and the accelerator engines of the SPU. The writes are accepted and routed based on available capacity of the storage devices, which meets the broadest reasonable interpretation of routing commands based on a condition being satisfied. Capacity is an example of a condition a storage device].
Regarding claim 29:
Ravindran teaches:
The system of claim 21, wherein the system further comprises a second storage device in communication with the first storage device and the switch, wherein the switch is configured to route the at least one storage command to the second storage device according to the address associated with the at least one storage command [col. 5 lines 6-15 – the command are routed to the plurality of storage devices, which necessarily includes the second storage device, according to an address].
Regarding claim 32:
Ravindran teaches:
The system of claim 21, wherein:
the switch comprises a first port connected to a second port of the controller [col. 8 lines 1-6], and
the switch is configured to receive the at least one storage command from the controller through the first port [col. 8 lines 1-6].
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21, 22, 25-27, 29-31, 33, 34, and 38-40 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 6-8, 10, 12, 14, 15, and 19 of U.S. Patent No. 10255134. Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘134 claims contain all teachings of the instant claims and therefore anticipate the instant claims.
Claim 21 is exemplary:
Claim 21:
Relevant recitations of ‘134 claim 1
Explanation (as needed)
A system comprising:
“the system comprising”
a first storage device;
“a plurality of storage devices”
A plurality of storage devices indicates multiple devices and encompasses a first device
a switch configured to route at least one storage command to the first storage device based on an address associated with the at least one storage command; and
“a data switch, configured during normal operation to route storage commands…to respective ones of the plurality of storage devices, according to a respective address in each storage command;”
The commands are routed to the appropriate devices based on addresses in each command, inclusive of a first device
a controller configured to cause the switch to route the at least one storage command to a device based on the first storage device satisfying a condition.
“a controller” “to reconfigure the data switch to route storage commands addressed to the failed or absent storage device to the controller”
Being failed or absent represents a condition that prompts the routing to the controller. The controller is a device.
Claims 21, 22, 24, 29-31, 33-35, and 38-41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, 8, 10, 12, 14, and 16 of U.S. Patent No. 11042442. Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘442 claims contain all teachings of the instant claims and therefore anticipate the instant claims.
Claim 21 is exemplary:
Claim 21:
Relevant recitations of ‘442 claim 1
Explanation (as needed)
A system comprising:
“A system comprising:”
a first storage device;
“a plurality of storage devices, comprising first storage devices”
a switch configured to route at least one storage command to the first storage device based on an address associated with the at least one storage command; and
“a switch configured….to route storage commands….to respective storage devices…based at least in part on addresses associated with the storage commands”
The commands are routed to the appropriate devices based on addresses in each command, inclusive of a first device
a controller configured to cause the switch to route the at least one storage command to a device based on the first storage device satisfying a condition.
“a controller” “the controller being configured to, in response to satisfying a first condition: reconfiguring the switch to route storage commands of a first type to the controller”
Conditional routing of storage commands to the controller. The controller is a device.
Claims 21, 22, 24-27, 29-31, 33, 34, and 37-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 7-10, 12, 13, 14, and 16 of U.S. Patent No. 11429487. Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘487 claims contain all teachings of the instant claims and thus anticipate the instant claims.
Claim 21 is exemplary:
Claim 21:
Relevant recitations of ‘487 claim 1
Explanation (as needed)
A system comprising:
“A system comprising:”
a first storage device;
“a first storage device;”
a switch configured to route at least one storage command to the first storage device based on an address associated with the at least one storage command; and
“a switch to route storage commands based at least in part on addresses associated with the storage commands”
The commands are routed to the appropriate devices based on addresses in each command, inclusive of the first storage device
a controller configured to cause the switch to route the at least one storage command to a device based on the first storage device satisfying a condition.
“a controller to reconfigure the switch to route the storage commands to the controller in response to the first storage device satisfying a condition”
Nearly identical
Claims 21-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 and 15-20 of U.S. Patent No. 12181970. Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘970 claims contain all teachings of the instant claims and thus anticipate the instant claims.
Claim 21 is exemplary:
Claim 21:
Relevant recitations of ‘487 claim 1
Explanation (as needed)
A system comprising:
“A system comprising:”
a first storage device;
“storage devices”
Multiple storage devices, inclusive of a first storage device
a switch configured to route at least one storage command to the first storage device based on an address associated with the at least one storage command; and
“a switch….configured to route at least one storage command to the storage devices based on at least one address associated with the at least one storage command”
The command is routed to the appropriate devices based on an addresses in the command, inclusive of the first storage device
a controller configured to cause the switch to route the at least one storage command to a device based on the first storage device satisfying a condition.
“a controller…configured to cause the switch to route the at least on storage command to a device in response to a first storage device from among the storage devices satisfying a condition”
Nearly identical
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC M DUNCAN whose telephone number is (571)272-3646. The examiner can normally be reached M-F: 730am-9am, 10am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bryce Bonzo can be reached at 571-272-3655. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARC DUNCAN/Primary Examiner, Art Unit 2113
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