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 .
This Office Action is in response to Application filed on December 31, 2024 in which claims 1-20 are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 13, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,192,280. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of the present application are being anticipated by claims 1-20 of the US Patent No. 12,192,280.
Application NO. 19/007,137
US Patent No. 12,192,280
1. A method, comprising: sending, from a control-plane of a data management system to a node controller of a node cluster and via a connection between the control-plane and the node cluster, a request to add a node to the node cluster, wherein the connection is based at least in part on a first network address of the node controller, wherein the node cluster is associated with a tenant of the data management system, and wherein the control-plane is operable to schedule data protection tasks for the node cluster; and identifying, based at least in part on sending the request, a second network address associated with the node cluster via which to route one or more data protection tasks from the control-plane to the node.
2. The method of claim 1, further comprising: receiving, at the control-plane from the node controller and in response to the request, an indication of an identifier for the node; and sending, from the control-plane to the second network address, a control message that indicates to perform a data protection task at the node, wherein the control message indicates the identifier for the node.
3. The method of claim 2, wherein sending the control message comprises:
sending the control message via the connection to a proxy service at the node controller for routing to the node based at least in part on the identifier, wherein the second network address is a same network address as the first network address.
4. The method of claim 2, wherein identifying the second network address comprises: receiving an indication of the second network address for a second node of the node cluster; and establishing a second connection between the control-plane and the second node based at least in part on the second network address, wherein the control message is sent via the second connection.
5. The method of claim 4, further comprising: sending, from the control-plane to the node controller via the connection, a second request to add a service bus for the node cluster, wherein reception of the indication of the second network address is responsive to the second request, and wherein the second node is the service bus.
6. The method of claim 5, further comprising: identifying a traffic load at the node controller exceeds a threshold, wherein sending the second request is based at least in part on identifying the traffic load at the node controller exceeds the threshold.
7. The method of claim 5, further comprising: identifying a traffic load at the node controller is below a threshold; sending, to the node controller via the connection, a third request to remove the service bus based at least in part on identifying the traffic load at the node controller is below the threshold; and
terminating the second connection based at least in part on identifying the traffic load at the node controller is below the threshold.
8. The method of claim 4, further comprising: receiving, at the control-plane from the node controller, an indication of a proxy service at the node controller via which to route the one or more data protection tasks from the control-plane to the node; and sending, from the control-plane to the proxy service via the connection, a second control message that indicates to perform a second data protection task at the node, wherein the second control message indicates the identifier for the node.
9. The method of claim 8, further comprising: identifying a traffic load at the node controller exceeds a threshold; and sending, from the control-plane to the second node via the second connection, a third control message that indicates to perform a third data protection task at the node, wherein the third control message indicates the identifier for the node.
10. The method of claim 2, further comprising: sending, from the control-plane to the node controller via the connection, a second request to add a second node to the node cluster; receiving, at the control-plane from the node controller and in response to the request, an indication of a second identifier for the second node; and
sending, from the control-plane to the second network address, a second control message that indicates to perform a second data protection task at the second node, wherein the second control message indicates the identifier for the second node.
11. The method of claim 2, wherein the control message comprises a transmission control protocol packet.
12. The method of claim 2, wherein the data protection task comprises at least one of a write operation or a read operation.
13. The method of claim 1, wherein the control-plane is operable to schedule the data protection tasks for a plurality of node clusters associated with a respective plurality of tenants of the data management system, the plurality of node clusters comprising the node cluster.
14. The method of claim 13, further comprising: sending, from the control-plane to a second node controller of a second node cluster and via a second connection between the control-plane and the second node cluster, a second request to add a second node to the second node cluster, wherein the connection is based at least in part on a third network address of the second node controller, wherein the second node cluster is associated with a second tenant of the respective plurality of tenants, and wherein the plurality of node clusters comprises the second node cluster; and
identifying, based at least in part on sending the second request, a fourth network address associated with the second node cluster via which to route one or more second data protection tasks from the control-plane to the second node.
15. An apparatus, comprising: at least one processor; memory coupled with the at least one processor; and instructions stored in the memory and executable by the at least one processor to cause the apparatus to: send, from a control-plane of a data management system to a node controller of a node cluster and via a connection between the control-plane and the node cluster, a request to add a node to the node cluster, wherein the connection is based on a first network address of the node controller, wherein the node cluster is associated with a tenant of the data management system, and wherein the control- plane is operable to schedule data protection tasks for the node cluster; and identify, based on sending the request, a second network address associated with the node cluster via which to route one or more data protection tasks from the control-plane to the node.
16. The apparatus of claim 15, wherein the instructions are further executable by the at least one processor to cause the apparatus to: receive, at the control-plane from the node controller and in response to the request, an indication of an identifier for the node; and send, from the control-plane to the second network address, a control message that indicates to perform a data protection task at the node, wherein the control message indicates the identifier for the node.
17. The apparatus of claim 16, wherein the instructions to send the control message are executable by the at least one processor to cause the apparatus to:
send the control message via the connection to a proxy service at the node controller for routing to the node based at least in part on the identifier, wherein the second network address is a same network address as the first network address.
18. The apparatus of claim 16, wherein the instructions to receive the indication of the second network address are executable by the at least one processor to cause the apparatus to: receive an indication of the second network address for a second node of the node cluster; and establish a second connection between the control-plane and the second node based at least in part on the second network address, wherein the control message is sent via the second connection.
19. The apparatus of claim 18, wherein the instructions are further executable by the at least one processor to cause the apparatus to: send, from the control-plane to the node controller via the connection, a second request to add a service bus for the node cluster, wherein reception of the indication of the second network address is responsive to the second request, and wherein the second node is the service bus.
20. A non-transitory computer-readable medium storing code, the code comprising instructions executable by at least one processor to: send, from a control-plane of a data management system to a node controller of a node cluster and via a connection between the control-plane and the node cluster, a request to add a node to the node cluster, wherein the connection is based on a first network address of the node controller, wherein the node cluster is associated with a tenant of the data management system, and wherein the control-plane is operable to schedule data protection tasks for the node cluster; and identify, based on sending the request, a second network address associated with the node cluster via
1. A method, comprising: establishing, at a taskchain controller of a data management system, a direct connection between the taskchain controller and a node controller of a first node cluster of a plurality of node clusters, wherein the direct connection is based on a first network address of the node controller, wherein the plurality of node clusters are associated with a respective plurality of tenants of the data management system, wherein the taskchain controller of the data management system is operable to schedule data protection tasks for the plurality of node clusters; sending, from the taskchain controller to the node controller via the direct connection, a request to add a node to the first node cluster; and identifying, based on sending the request, a second network address associated with the first node cluster via which to route one or more data protection tasks from the taskchain controller to the node.
2. The method of claim 1, further comprising: receiving, at the taskchain controller from the node controller and in response to the request, an indication of an identifier for the node; and sending, from the taskchain controller directly to the second network address, a control message that indicates to perform a data protection task at the node, wherein the control message indicates the identifier for the node.
3. The method of claim 2, wherein sending the control message comprises: sending the control message via the direct connection to a proxy service at the node controller for routing to the node based at least in part on the identifier, wherein the second network address is a same network address as the first network address.
4. The method of claim 2, wherein identifying the second network address comprises: receiving an indication of the second network address for a second node of the first node cluster; and establishing a second direct connection between the taskchain controller and the second node based on the second network address, wherein the control message is sent via the second direct connection.
5. The method of claim 4, further comprising: sending, from the taskchain controller to the node controller via the direct connection, a second request to add a service bus for the first node cluster, wherein reception of the indication of the second network address is responsive to the second request, and wherein the second node is the service bus.
6. The method of claim 5, further comprising: identifying a traffic load at the node controller exceeds a threshold, wherein sending the second request is based at least in part on identifying the traffic load at the node controller exceeds the threshold.
7. The method of claim 5, further comprising: identifying a traffic load at the node controller is below a threshold; sending, to the node controller via the direct connection, a third request to remove the service bus based at least in part on identifying the traffic load at the node controller is below the threshold; and terminating the second direct connection based at least in part on identifying the traffic load at the node controller is below the threshold.
8. The method of claim 4, further comprising: receiving, at the taskchain controller from the node controller, an indication of a proxy service at the node controller via which to route the one or more data protection tasks from the taskchain controller to the node; and sending, from the taskchain controller to the proxy service via the direct connection, a second control message that indicates to perform a second data protection task at the node, wherein the second control message indicates the identifier for the node.
9. The method of claim 8, further comprising: identifying a traffic load at the node controller exceeds a threshold; and sending, from the taskchain controller to the second node via the second direct connection, a third control message that indicates to perform a third data protection task at the node, wherein the third control message indicates the identifier for the node.
10. The method of claim 2, further comprising: sending, from the taskchain controller to the node controller via the direct connection, a second request to add a second node to the first node cluster; receiving, at the taskchain controller from the node controller and in response to the request, an indication of a second identifier for the second node; and sending, from the taskchain controller directly to the second network address, a second control message that indicates to perform a second data protection task at the second node, wherein the second control message indicates the identifier for the second node.
11. The method of claim 2, wherein the control message comprises a transmission control protocol packet.
12. The method of claim 2, wherein the data protection task comprises at least one of a write operation or a read operation.
13. An apparatus, comprising: at least one processor; memory coupled with the at least one processor; and instructions stored in the memory and executable by the at least one processor to cause the apparatus to: establish, at a taskchain controller of a data management system, a direct connection between the taskchain controller and a node controller of a first node cluster of a plurality of node clusters, wherein the direct connection is based on a first network address of the node controller, wherein the plurality of node clusters are associated with a respective plurality of tenants of the data management system, wherein the taskchain controller of the data management system is operable to schedule data protection tasks for the plurality of node clusters; send, from the taskchain controller to the node controller via the direct connection, a request to add a node to the first node cluster; and identify, based on sending the request, a second network address associated with the first node cluster via which to route one or more data protection tasks from the taskchain controller to the node.
14. The apparatus of claim 13, wherein the instructions are further executable by the at least one processor to cause the apparatus to: receive, at the taskchain controller from the node controller and in response to the request, an indication of an identifier for the node; and send, from the taskchain controller directly to the second network address, a control message that indicates to perform a data protection task at the node, wherein the control message indicates the identifier for the node.
15. The apparatus of claim 14, wherein the instructions to send the control message are executable by the at least one processor to cause the apparatus to: send the control message via the direct connection to a proxy service at the node controller for routing to the node based at least in part on the identifier, wherein the second network address is a same network address as the first network address.
16. The apparatus of claim 14, wherein the instructions to identify the second network address are executable by the at least one processor to cause the apparatus to: receive an indication of the second network address for a second node of the first node cluster; and establish a second direct connection between the taskchain controller and the second node based on the second network address, wherein the control message is sent via the second direct connection.
17. The apparatus of claim 16, wherein the instructions are further executable by the at least one processor to cause the apparatus to: send, from the taskchain controller to the node controller via the direct connection, a second request to add a service bus for the first node cluster, wherein reception of the indication of the second network address is responsive to the second request, and wherein the second node is the service bus.
18. The apparatus of claim 17, wherein the instructions are further executable by the at least one processor to cause the apparatus to: identify a traffic load at the node controller exceeds a threshold, wherein sending the second request is based at least in part on identifying the traffic load at the node controller exceeds the threshold.
19. The apparatus of claim 17, wherein the instructions are further executable by the at least one processor to cause the apparatus to: identify a traffic load at the node controller is below a threshold; send, to the node controller via the direct connection, a third request to remove the service bus based at least in part on identifying the traffic load at the node controller is below the threshold; and terminate the second direct connection based at least in part on identifying the traffic load at the node controller is below the threshold.
20. A non-transitory computer-readable medium storing code, the code comprising instructions executable by at least one processor to: establish, at a taskchain controller of a data management system, a direct connection between the taskchain controller and a node controller of a first node cluster of a plurality of node clusters, wherein the direct connection is based on a first network address of the node controller, wherein the plurality of node clusters are associated with a respective plurality of tenants of the data management system, wherein the taskchain controller of the data management system is operable to schedule data protection tasks for the plurality of node clusters; send, from the taskchain controller to the node controller via the direct connection, a request to add a node to the first node cluster; and identify, based on sending the request, a second network address associated with the first node cluster via which to route one or more data protection tasks from the taskchain controller to the node.
Allowable Subject Matter
Claim1-20 would be allowable upon a proper and timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d).
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record failed to show “method, comprising: sending, from a control-plane of a data management system to a node controller of a node cluster and via a connection between the control-plane and the node cluster, a request to add a node to the node cluster, wherein the connection is based at least in part on a first network address of the node controller, wherein the node cluster is associated with a tenant of the data management system, and wherein the control-plane is operable to schedule data protection tasks for the node cluster; and identifying, based at least in part on sending the request, a second network address associated with the node cluster via which to route one or more data protection tasks from the control-plane to the node.” These claimed features in conjunction with all the other limitations of the claims would render claims 1-20 allowable upon a proper and timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d).
Conclusion
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/FRANTZ COBY/Primary Examiner, Art Unit 2459
September 28, 2026
