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 .
DETAILED ACTION
The pending claim 1 is presented for examination.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,235,842. This is a statutory double patenting rejection.
Instant Application
Patent 7,860,865
1. A method, comprising:
receiving data in association with an application implemented with one or more processors and memory, the application being configured to manage disparate computing and storage resources;
accessing, by the application, a manifest file including data representing parameters to configure one or more clusters of servers to allocate storage of the data among partitioned portions of the one or more clusters of servers in accordance with the parameters specifying classes of servers and ranges of time characteristics;
determining aging of partitioned data associated with the partitioned portions based on the classes of servers and the ranges of time characteristics;
moving one or more subsets of the partitioned data associated with one or more of the partitioned portions to different partitioned portions of different server classes based on the aging of the partitioned data, each of the different server classes having an access speed, the different server classes being assigned to each of the one or more partitioned portions based on the access speed of a server class, the access speed and the server class being determined based on an anticipated number of query requests requesting retrieval of the partitioned data associated with each of the one or more partitioned portions;
receiving a query at a processor to retrieve the data stored as stored data among the among the partitioned portions;
evaluating the query to identify a time characteristic associated with the stored data;
identifying a location from which to retrieve the stored data based on the query to determine a partitioned portion of the different server classes in which the stored data resides as a function of the time characteristic; and
rewriting the query to run on at least one server of the one or more clusters of servers.
1. A method, comprising:
receiving data in association with an application implemented with one or more processors and memory, the application being configured to manage disparate computing and storage resources;
accessing, by the application, a manifest file including data representing parameters to configure one or more clusters of servers to allocate storage of the data among partitioned portions of the one or more clusters of servers in accordance with the parameters specifying classes of servers and ranges of time characteristics;
determining aging of partitioned data associated with the partitioned portions based on the classes of servers and the ranges of time characteristics;
moving one or more subsets of the partitioned data associated with one or more of the partitioned portions to different partitioned portions of different server classes based on the aging of the partitioned data, each of the different server classes having an access speed, the different server classes being assigned to each of the one or more partitioned portions based on the access speed of a server class, the access speed and the server class being determined based on an anticipated number of query requests requesting retrieval of the partitioned data associated with each of the one or more partitioned portions;
receiving a query at a processor to retrieve the data stored as stored data among the among the partitioned portions;
evaluating the query to identify a time characteristic associated with the stored data;
identifying a location from which to retrieve the stored data based on the query to determine a partitioned portion of the different server classes in which the stored data resides as a function of the time characteristic; and
rewriting the query to run on at least one server of the one or more clusters of servers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAU SHYA MENG whose telephone number is (571)270-1634. The examiner can normally be reached 9AM-5PM EST M-F.
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/JAU SHYA MENG/Primary Examiner, Art Unit 2168
1. A method, comprising:
receiving data in association with an application implemented with one or more processors and memory, the application being configured to manage disparate computing and storage resources;
accessing, by the application, a manifest file including data representing parameters to configure one or more clusters of servers to allocate storage of the data among partitioned portions of the one or more clusters of servers in accordance with the parameters specifying classes of servers and ranges of time characteristics;
determining aging of partitioned data associated with the partitioned portions based on the classes of servers and the ranges of time characteristics;
moving one or more subsets of the partitioned data associated with one or more of the partitioned portions to different partitioned portions of different server classes based on the aging of the partitioned data, each of the different server classes having an access speed, the different server classes being assigned to each of the one or more partitioned portions based on the access speed of a server class, the access speed and the server class being determined based on an anticipated number of query requests requesting retrieval of the partitioned data associated with each of the one or more partitioned portions;
receiving a query at a processor to retrieve the data stored as stored data among the among the partitioned portions;
evaluating the query to identify a time characteristic associated with the stored data;
identifying a location from which to retrieve the stored data based on the query to determine a partitioned portion of the different server classes in which the stored data resides as a function of the time characteristic; and rewriting the query to run on at least one server of the one or more clusters of servers.
1. A method, comprising:
receiving data in association with an application implemented with one or more processors and memory, the application being configured to manage disparate computing and storage resources;
accessing, by the application, a manifest file including data representing parameters to configure one or more clusters of servers to allocate storage of the data among partitioned portions of the one or more clusters of servers in accordance with the parameters specifying classes of servers and ranges of time characteristics;
determining aging of partitioned data associated with the partitioned portions based on the classes of servers and the ranges of time characteristics;
moving one or more subsets of the partitioned data associated with one or more of the partitioned portions to different partitioned portions of different server classes based on the aging of the partitioned data, each of the different server classes having an access speed, the different server classes being assigned to each of the one or more partitioned portions based on the access speed of a server class, the access speed and the server class being determined based on an anticipated number of query requests requesting retrieval of the partitioned data associated with each of the one or more partitioned portions;
receiving a query at a processor to retrieve the data stored as stored data among the among the partitioned portions;
evaluating the query to identify a time characteristic associated with the stored data;
identifying a location from which to retrieve the stored data based on the query to determine a partitioned portion of the different server classes in which the stored data resides as a function of the time characteristic; and
rewriting the query to run on at least one server of the one or more clusters of servers.