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 .
Continuity/reexam data
Parent data
18403002 filed 01/03/2024 ,now U.S. Patent #12271381 Claims Priority from Provisional Application 63482485 , filed 01/31/2023
18403002 Claims Priority from Provisional Application 63482497 , filed 01/31/2023
18403002 Claims Priority from Provisional Application 63482504 , filed 01/31/2023
Child data
19055801 filed on 02/18/2025 is a Continuation of 18403002 , filed on 01/03/2024 ,now U.S. Patent #12271381
19032973 filed on 01/21/2025 is a Continuation in Part of 18403002 , filed on 01/03/2024 ,now U.S. Patent #12271381
19032908 filed on 01/21/2025 is a Continuation in Part of 18403002 , filed on 01/03/2024 ,now U.S. Patent #12271381
19033772 filed on 01/22/2025 is a Continuation in Part of 18403002 , filed on 01/03/2024 ,now U.S. Patent #12271381
Foreign data
No foreign data information
(*) - Request to retrieve electronic copy of foreign priority from participating receiving offices.
1. Claims presented for examination: 1-20
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.
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2. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,271,381 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because both application deal with similar subject matter determining a query for execution; generating a query operator execution flow for the query that includes a first at least one operator serially before a second at least one operator; and executing the query to generate a query resultant based on: executing the first at least one operator of the query operator execution flow based on: generating, based on the query, a request for rows in accordance with a data storage communication protocol, wherein the request for rows indicates filtering parameter data; sending the request indicating the filtering parameter data to a data storage system in accordance with the data storage communication protocol, wherein the data storage system stores a plurality of records via a plurality of files in memory resources of an object storage system of the data storage system and further stores configuration data that includes table metadata mapping storage of the plurality of records of a plurality of tables via the plurality of files, executing a record identification pipeline for execution based on applying the filtering parameter data and the configuration data, wherein a proper subset of the plurality of records meeting the filtering parameter data is identified based on executing the record identification pipeline by accessing at least one file of the plurality of files; and receiving a response from the data storage system in accordance with the data storage communication protocol indicating the filtered row set generated by the data storage system as the proper subset of the plurality of records stored by the data storage system that compare favorably to the filtering parameter data based on the data storage system processing the request; and executing the second at least one operator of the query operator execution flow via a plurality of parallelized nodes of a query execution plan based on: processing the filtered row set indicated in the response in accordance with the second at least one operator to produce the query resultant based on multiple nodes of the plurality of parallelized nodes each processing corresponding subsets of the filtered row set in parallel with other ones of the multiple nodes. The instant application includes wherein a metadata processing system of the data storage system generates a filtered row set in conjunction with processing the request for rows. While the 381 also include the data object system and wherein the object storage system processes the request to generated filtered row set via processing the request for row. Therefore, it would have been obvious to one ordinary skill in the art to modify the 381 to arrive the same invention was claimed.
Allowable Subject Matter
4. Claims 1-20 are will be allowed when applicant(s) has overcome the Obviouness Double Patenting rejection.
The following is a statement of reasons for the indication of allowable subject matter:
As to claims 1 and 19-20, cited reference Surna alone or in combination fails to teach or suggest “determining a query for execution; generating a query operator execution flow for the query that includes a first at least one operator serially before a second at least one operator; and executing the query to generate a query resultant based on: executing the first at least one operator of the query operator execution flow based on: generating, based on the query, a request for rows in accordance with a data storage communication protocol, wherein the request for rows indicates filtering parameter data; sending the request indicating the filtering parameter data to a data storage system in accordance with the data storage communication protocol, wherein the data storage system stores a plurality of records via a plurality of files in memory resources of an object storage system of the data storage system and further stores configuration data that includes table metadata mapping storage of the plurality of records of a plurality of tables via the plurality of files, wherein a metadata processing system of the data storage system generates a filtered row set in conjunction with processing the request for rows based on: executing a record identification pipeline for execution based on applying the filtering parameter data and the configuration data, wherein a proper subset of the plurality of records meeting the filtering parameter data is identified based on executing the record identification pipeline by accessing at least one file of the plurality of files; and receiving a response from the data storage system in accordance with the data storage communication protocol indicating the filtered row set generated by the data storage system as the proper subset of the plurality of records stored by the data storage system that compare favorably to the filtering parameter data based on the data storage system processing the request; and executing the second at least one operator of the query operator execution flow via a plurality of parallelized nodes of a query execution plan based on: processing the filtered row set indicated in the response in accordance with the second at least one operator to produce the query resultant based on multiple nodes of the plurality of parallelized nodes each processing corresponding subsets of the filtered row set in parallel with other ones of the multiple nodes.
Dependent claims 2-18 are allowed under the same reason as to claim 1.
Conclusion
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BAOQUOC N. TO
Examiner
Art Unit 2154
/BAOQUOC N TO/ Primary Examiner, Art Unit 2154
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