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 .
1. In response to the Office Action dated on 05/26/2026, applicant(s) amend the application as follow:
Claims amended: 1-9, 11, 14 and 20
Claims canceled: 10, 12-13 and 15-19
Claims newly added: 21-29
Claims pending: 1-9, 11, 14 and 20-29
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 01/13/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
3. Applicant’s arguments with respect to claim(s) 1 and 20have 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.
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.
4. Claims 1-9, 11, 14 and 20-29 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 21-38 of copending Application No. 19,033,772 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both applications include plurality of cluster devices, where the cluster device store the received data in column, including the map data to retrieve the data set and store the data and the mapping data in the cluster device. While the instant application also include other limitation such as filtering the data using communication protocol. The 772 includes long term store to process the data set to produce segment s and determining that the plurality of of LTS data segments to be objected stored, determine a number of LTS data segments of the plurality of LTS data segment to include in the data object and create a plurality of data objects storing the plurality of LTS data segments. Therefore, it would have been obvious to one ordinary skill in the art to modify the different claims language to arrive the same invention as claimed.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
5. Claim(s) 1-9, 11, 14 and 20-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over VARADARAJAN et al. (Pub. No. US 2020/0142878 A1) in view of Yu et al. (Pub. No. US 2021/0073407 A1).
As to claim 1. (Currently amended) VARADARAJAN discloses a parallelized database data storage system comprises comprising:
a plurality of computing device clusters (a set of extent node servers) (paragraph 0067), wherein a first computing device cluster of the plurality of computing device clusters includes a first plurality of computing devices (a set of extent node servers) (paragraph 0067), wherein a first computing device of the first plurality of computing devices includes a first plurality of loader computing nodes of pluralities of loader computing nodes, wherein a set of loader computing nodes of the pluralities of loader computing nodes is operable to:
at least one processor (shared processor hardware) (paragraph 0196); and at least one memory (shared memory hardware) (paragraph 0197) storing operational instructions (programs, routines, functions…) (paragraph 0196) that, when executed by the at least one processor (shared processor hardware) (paragraph 0196), cause the at least one processor to perform operations that include:
provide the raw data to a set of store and compute nodes of pluralities of store and compute nodes of an object storage computing device cluster (a set of extent node servers) (paragraph 0067) of the plurality of computing device clusters, wherein the set of store and compute nodes is operable to:
organize the raw data into a plurality of rows of columnar data of at least one table (the user data is may be stored within the file tables themselves) (paragraph 0065);
generate a set of index structures to index the plurality of rows of columnar data (example indications show which columns form the row key for the page blob XTable 250 and which columns…) (paragraph 0016);
store the plurality of rows of columnar data as a first plurality of files and the set of index structures as a second plurality of files in memory resources of at least some of the pluralities of store and compute nodes (because the index data may be stored in the memory table 504, the delta page file….) (paragraph 0147);
generate table metadata, wherein the table metadata maps the first plurality of files and the second plurality of files to the at least one table (the file table metadata 470 includes a pointer to the root index page 300 of the index for Partition…) (paragraph 0141); and
store the table metadata in the at least some of the plurality of store and compute nodes (the file table metadata 470 includes a pointer to the root index page 300 of the index for Partition…) (paragraph 0141) (the table metadata is stored in one of server node).
VARADARAJAN ingest data not raw data. However, Yu discloses ingest raw data (the web service 108 can query the database 107 to generate the graphic components. In some embodiments, for balancing the efficiency of recording raw information form the entries 110 and querying databases 107 for visualization, a separate service may be establish to extract raw information and generate derived information and store derived information into database entries) (paragraph 0113). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the instant application to include raw data as disclosed by Yu in order to index all type of data for storing and accessing.
As to claim 2. (Currently amended) VARADARAJAN discloses the parallelized database data storage system of claim 1 further comprises:
a second computing device cluster of the plurality of computing device clusters (a set of extent node servers) (paragraph 0067), wherein the second computing device cluster includes a second plurality of computing devices (a set of extent node servers) (paragraph 0067), wherein a second computing device of the second plurality of computing devices includes a plurality of query and response nodes (if a user query for a page range, such as a get blob or get page ranges operation, is received, the full index is queried) (paragraph 0074) of pluralities of query and response nodes, and wherein a set of query and response nodes of the pluralities of query and response nodes is operable to:
obtain a query regarding the raw data (read request) (paragraph 0142);
generate a query execution plan to execute the query, wherein at least a portion of the query execution plan includes applying filtering parameter data to the raw data (specified a row with a key that is less than or equal to A4) (paragraph 0142); and
send a request to the set of store and compute nodes that includes the filtering parameter data (the request was send to node which stored index data) (paragraph 0142);
wherein the set of store and compute nodes are operable to:
access the table metadata based on the reference to the raw data (the index page 300 points to the index data page 304-1) (paragraph 0142) (the table metadata was access to get the index to index data page):
identify at least one index structure of the set of index structures to identify at least some of the plurality of rows of columnar data meeting the filtering parameter data (the index page 300 points to the index data page 304-1) (paragraph 0142);
generate a filtered row set of the at least some of the plurality of rows of columnar data; and provide the filtered row set to the set of query and response nodes (row A3 was requested by the blob read request) (paragraph 0142).
As to claim 3, VARADARAJAN discloses the parallelized database system of claim 2, wherein the set of query and response nodes is further operable to process the filtered row set in accordance with the query execution plan to produce a query resultant (row A3 was request and retrieved) (paragraph 0142) (the query plan is to access to index page and which point to index data).
As to claim 4, VARADARAJAN disclose the parallelized database system of claim 2, wherein generating the query execution plan includes:
Generate input/output (IO) pipeline for accessing the reference raw data in accordance with execution filtering parameter data (query product result is an output) (paragraph 0147), wherein the record (I/O) pipe line include:
a first set of operators organized as a plurality of parallelized branches, wherein the set of operators that implement a filtering function on the filtering parameter data (query) (504) (query include parameters);
a union that unions the output of the plurality of parallelized as the filter row set (query iterator 540 may need to consult each of the memory tables 504…) (paragraph 0.147) (the results are the union of record from memory tables).
As to claim 5, VARADARAJAN discloses the parallelized database data system of claim 4, wherein the first set of operators further at last one index to the at least one index structure (index page 300) (paragraph 0142).
As to claim 6. (Currently amended) Yu discloses the parallelized database data system of claim 1, wherein the set of store and compute nodes (a set of extent node servers) (paragraph 0067) operations operable:
Identify access control data regarding the at least one table (integrating mandator access control and encryption together) (paragraph 0006);
Generate, based on the filtering parameter data and the access control data, filtering row set access restriction data indicating whether access to the filtered row set is allowed (the file system filter receiving and handling that file access request according to data self-protection policy) (paragraph 0006); and
When the filtered row set access restriction data includes indicates that access to the filter data to filtered row se is allowed, generating the filtered row set (the self-protection policy grant or deny that file access request) (Paragraph 0006).
As to claim 7. (Currently amended) VARADARAJAN discloses the parallelized database system of claim 1, wherein the filtered row set indicates row storage location data for a first filtered row set that is a first proper subset of the plurality of rows of columnar data stored by the set of store and compute nodes (rows in memory tables) (paragraph 0073).
As to claim 8. (Currently amended) Yu discloses the parallelized database system of claim 1, wherein the first plurality of files correspond to a plurality of different file formats that collectively include the plurality of rows of columnar data (the record may be in their original format or may be compressed…) (paragraph 0099).
As to claim 9. (Currently amended) VARADARAJAN discloses the parallelized database data storage system of claim 1, wherein the operations further comprises:
Send a dataset of the set of store and compute nodes for storage (a set of extent node servers) (paragraph 0067), wherein the dataset was generated based on processing the filtered row set, wherein the set of store and compute nodes (a set of extent node servers) (paragraph 0067) is operable to:
Organize the dataset into a second plurality of rows of columnar data of at least one second table (the user data is may be stored within the file tables themselves) (paragraph 0065) (different user information stored different table);
Generate a second set of index structures to index the second plurality of rows of columnar data (because the index data may be stored in the memory table 504, the delta page file….) (paragraph 0147) (different index structure for different data);
Store the second plurality of row of columnar data as a third plurality of files and the second set of indexes structures as a fourth plurality of files in the memory resources (because the index data may be stored in the memory table 504, the delta page file….) (paragraph 0147) (different index structure for different data); and
Generate a second table metadata, wherein the second table metadata maps the third plurality of files and the fourth plurality of files to the at least one second table (the file table metadata 470 includes a pointer to the root index page 300 of the index for Partition…) (paragraph 0141) (different metadata tables in different nodes).
10. (Canceled)
As to claim 11. (Currently amended) VARADARAJAN discloses the parallelized database system of claim 1, wherein the table metadata includes at least one of: formatting data indicating arrangement of rows of columnar data in files of the first plurality of files; table mapping data indicating tables to which rows of columnar data in files of the first plurality of files belong (the file table metadata 470 includes a pointer to the root index page 300 of the index for Partition…) (paragraph 0141); row set data indicating rows of columnar data included in various tables of the at least one table; indexing configuration data indicating a set of indexing structures that includes the at least one indexing structure; schema data indicating table fields of tables which rows of columnar data in files of the first plurality of files belong; or access control data indicating accesses allowed for performance by at least one entity that executes queries against the plurality of rows of columnar data.
Claims 12-13 (Canceled)
As to clam 14. (Currently amended) Yu discloses a parallelized database data storage system of claim 1, wherein the set of store and compute nodes (a set of extent node servers) (paragraph 0067) is further operable to generate the set of index structures to index the plurality of rows of columnar data based on one or more of: one or more data formats of the raw data (the records may be in their original format, or may be compressed…) (paragraph 0099); one or more row types of the plurality of rows of columnar data; one or more field types indicated in the plurality of rows of columnar data; and one or more file format types of the first plurality of files.
Claims 15-19 (Canceled)
Claim 20 is rejected under the same reason as to clam 1, VARADARAJAN discloses a non-transitory computer readable storage medium (shred memory hardware) (paragraph 0197) comprises: a first memory section that stores operational instructions (programs, routines, functions…) (paragraph 0196) that, when executed by a set of loader computing nodes (group processors) (paragraph 0196)
Claim 21 is rejected under the same reason as to claim 2.
Claim 22 is rejected under the same reason as to claim 3.
Claim 23 is rejected under the same reason as to claim 4.
Claim 24 is rejected under the same reason as to claim 5.
Claim 25 is rejected under the same reason as to claim 6.
Claim 26 is rejected under the same reason as to claim 8.
Claim 27 is rejected under the same reason as to claim 9.
Claim 28 is rejected under the same reason as to claim 11.
Claim 29 is rejected under the same reason as to claim 14.
Conclusion
6. 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.
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pawer et al. (Pub. No. US 2024/0248876 A1) discloses a system for indexing the streamed data, index data and track table can be associated index value and files for search and others. It is similar concept to the applicant claimed invention.
Contact Information
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAOQUOC N TO whose telephone number is (571)272-4041. The examiner can normally be reached Mon-Fri 9AM - 6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boris Gorney can be reached at 571-270-5626. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BAOQUOC N. TO
Examiner
Art Unit 2154
/BAOQUOC N TO/ Primary Examiner, Art Unit 2154
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