DETAILED ACTION
1. This communication is responsive to the Amendment filed 1/20/2026. Claims 2-20 have been cancelled. Claim 1 is pending in this application. This action is made Final.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
3. 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. Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,714,803. Although the conflicting claims are not identical, they are not patentably distinct from each other.
U.S. Patent Application 19/048,014
Claim 1
A system, comprising:
a set of computer-executable instructions; and
a processor or processors that execute the set of instructions, wherein when executed, the instructions cause the processor or processors to:
obtain a meta-file from a cloud platform, the meta-file including metadata associated with a set of objects;
compare the meta-file obtained from the cloud platform to a meta- file obtained from a hybrid cloud cache; and
transfer an object associated with an implicit metadata transaction to an internal namespace if the comparing indicates that:
the object is present only in the meta-file obtained from the hybrid cloud cache; or
the object is present in both the meta-file obtained from the hybrid cloud cache and the meta-file obtained from the cloud platform and a name of the object in the meta-file obtained from the cloud platform and in the meta-file obtained from the hybrid cloud cache do not match; or
the object is present only in the meta--file obtained from the cloud platform and the object is cached by the hybrid cloud cache.
U.S. Patent No. 11,714,803
Claim 1
A system, comprising:
a set of computer-executable instructions; and
a processor or processors that execute the set of instructions, wherein when executed, the instructions cause the processor or processors to
obtain a copy of a meta-file from a cloud platform, the meta-file including metadata associated with a set of files and folders in a namespace of the cloud platform;
compare the copy of the meta-file obtained from the cloud platform to a copy of the meta-file obtained from a hybrid cloud cache;
transfer an object associated with an implicit metadata transaction to an orphanage of the hybrid cloud cache if the comparing indicates that:
the object is present only in the copy of the meta-file obtained from the hybrid cloud cache; or
the object is present in both the copy of the meta-file obtained from the hybrid cloud cache and the copy of the meta-file obtained from the cloud platform and a name of the object in the copy obtained from the cloud platform and in the copy obtained from the hybrid cloud cache do not match; or
the object is present only in the copy of the meta-file obtained from the cloud platform and the object is cached by the hybrid cloud cache;
conduct a bottom-up traversal of a namespace tree of the orphanage of the hybrid cloud cache;
abort the bottom-up traversal of the orphanage namespace tree if an outstanding explicit transaction for the object is present in the hybrid cloud cache or if the object still exists in the namespace of the cloud platform; and
move the object to a purgatory of the hybrid cloud cache if the outstanding explicit transaction for the object is not present and the object does not exist in the namespace of the cloud platform.
It is noted that the claimed limitations of claim 1 of Patent Application 19/048,014 is not patentably distinct from that of claim 1 of U.S. Patent No. 11,714,803. It appears to be proper to apply the judicially created doctrine of obvious-type double patenting to the claims at issue.
Allowable Subject Matter
5. Claim 1 would become allowable if the obvious-type double patenting rejection is overcome. As noted above, this rejection can be overturned by filing a terminal disclaimer.
Claim 1 would be considered allowable since the prior art of record fails to disclose each and every element of the Applicant's claimed invention. Specifically, the prior art of record fails to teach and/or suggest “compare the meta-file obtained from the cloud platform to a meta-file obtained from a hybrid cloud cache; and
transfer an object associated with an implicit metadata transaction to an internal namespace if the comparing indicates that:
the object is present only in the meta-file obtained from the hybrid cloud cache; or
the object is present in both the meta-file obtained from the hybrid cloud cache and the meta-file obtained from the cloud platform and a name of the object in the meta-file obtained from the cloud platform and in the meta-file obtained from the hybrid cloud cache do not match; or
the object is present only in the meta-file obtained from the cloud platform and the object is cached by the hybrid cloud cache”.
The preceding limitations, when combined with the rest of the limitations recited in claim 1 results in a combination of elements that is both novel and unobvious over the prior art of record.
Conclusion
6. THIS ACTION IS MADE FINAL. 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUAWEN A PENG whose telephone number is (571)270-5215. The examiner can normally be reached Mon thru Fri 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sherief Badawi can be reached at 571-272-9782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUAWEN A PENG/Primary Examiner, Art Unit 2169