Prosecution Insights
Last updated: April 19, 2026
Application No. 19/070,633

INFORMATION PROCESSING SYSTEM AND METHOD FOR CONTROLLING INFORMATION PROCESSING SYSTEM

Non-Final OA §103
Filed
Mar 05, 2025
Examiner
RAJAPUTRA, SUMAN
Art Unit
2163
Tech Center
2100 — Computer Architecture & Software
Assignee
Hitachi Vantara Ltd.
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
114 granted / 164 resolved
+14.5% vs TC avg
Strong +38% interview lift
Without
With
+37.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
30 currently pending
Career history
194
Total Applications
across all art units

Statute-Specific Performance

§101
15.2%
-24.8% vs TC avg
§103
55.9%
+15.9% vs TC avg
§102
10.1%
-29.9% vs TC avg
§112
7.3%
-32.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 164 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status 1. 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 2. This Office Action is in response to the filing with the office dated 03/05/2025. Claims 1 and 11 are independent claims. Claims 1-1 are presented in this office action. Priority 3. Applicant’s claim for the benefit of priority from Japanese application JP2024-105359, filed on June 28, 2024 is acknowledged by the examiner. Information Disclosure Statement 4. The information disclosure statement (IDS) submitted on 03/05/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 U.S.C. § 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 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. 5. Claims 1, 3, 4 and 7, 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over OKADA; Wataru (US 20180032254 A1) in view of SAKASHITA; Yuki (US 20210397485 A1). Regarding independent claim 1, OKADA; Wataru (US 20180032254 A1) teaches, an information processing system comprising: a first storage system including a node that provides a primary volume to a host; and a second storage system including a plurality of nodes that hold a secondary volume that is a replication of the primary volume (Fig. 1, Paragraph [0034] discloses, first storage system and second storage system including plurality of volumes and nodes), wherein a consistency holding group is formed which is defined such that a plurality of sets of the primary volume and the secondary volume are provided and data in a plurality of the primary volumes written to the plurality of primary volumes with consistency is replicated to a plurality of the secondary volumes with consistency ensured (Paragraph [0034]-[0037] discloses, consistency is ensured based on the order property of data updates between volumes when copying data from the primary storage apparatus 130 to the secondary storage apparatus 140 will be referred to as a volume group (Examiner interprets consistency group as the data writes written in an order of updates made)), the replication is performed by journal processing using a first journal volume provided in the same node as the primary volume and a second journal volume provided in the same node as the secondary volume (Fig. 1, Paragraph [0037], [0038] discloses, the replication is performed by journal processing), in the consistency holding group, a first journal group including the primary volume and the first journal volume and a second journal group including the secondary volume and the second journal volume are set, and the journal processing is performed while ensuring consistency of the replication between the first journal group and the second journal group (Paragraph [0035] When settings of the correspondence relationship (copy pairs) between the primary volumes and the secondary volumes, the volume groups 150, 160 to which each volume belongs, the journal volumes 170 used there, and the extended volume group 180 are defined, each storage node can perform remote copy control to guarantee the update order across the volume groups 1 and 2), the second journal group is arranged for each node in which the secondary volume of the consistency holding group is arranged, and the number of nodes in which the secondary volume in the consistency holding group is arranged (Fig. 1, Paragraph [0038] Regarding write data from a host computer, time when data is written is managed by the primary storage node 1. The data-written time is transferred to a secondary storage node 3 and stored in the JNL volume 170 of the secondary storage apparatus. Subsequently, the secondary storage node stores the write data in the JNL volume into the secondary volumes in the order of the associated data-written time by referring to the time when the data is written. This configuration provides the order guarantee between volumes in the secondary volume group to store the data). OKADA et al fails to explicitly teach, the secondary volume is arranged in each node of the second storage system based on a usage status of a resource of each node of the second storage system. SAKASHITA; Yuki (US 20210397485 A1) discloses, and the secondary volume is arranged in each node of the second storage system based on a usage status of a resource of each node of the second storage system, and the number of nodes in which the secondary volume in the consistency holding group is arranged (Paragraphs [0103]-[0108] discloses, rebalancing the resources based on the usage status of each node to arrange the secondary volume in a time period/ consistency group. Also see [0134]). Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of OKADA et al by providing he secondary volume is arranged in each node of the second storage system based on a usage status of a resource of each node of the second storage system, as taught by SAKASHITA et al (Paragraphs [0103]-[0108]) . One of the ordinary skill in the art would have been motivated to make this modification, by doing son can reduce the calculation amount of the combinatorial optimization calculation between the volumes by reducing the number of calculation target volumes in the rebalancing processing by the rebalancer 500, and thus perform the rebalancing processing in a shorter period than the conventional distributed storage system as taught by SAKASHITA et al (Paragraph [0136]). Regarding dependent claim 3, OKADA et al and SAKASHITA et al teach, the information processing system according to claim 1. OKADA et al further teaches, wherein the first journal group is provided corresponding to the second journal group, so that one or a plurality of the first journal groups are arranged in one node (Fig. 1, Paragraph [0035] When settings of the correspondence relationship (copy pairs) between the primary volumes and the secondary volumes, the volume groups 150, 160 to which each volume belongs, the journal volumes 170 used there, and the extended volume group 180 are defined, each storage node can perform remote copy control to guarantee the update order across the volume groups 1 and 2). Regarding dependent claim 4, OKADA et al and SAKASHITA et al teach, the information processing system according to claim 3. OKADA et al further teaches, wherein the second journal volume is arranged for each node in which the secondary volume of the consistency holding group is arranged, and is used for the journal processing to one or a plurality of the secondary volumes arranged in the node, and the first journal volume is provided corresponding to the second journal volume, so that one or a plurality of the first journal volumes are arranged in one node (Fig. 1, Paragraph [0035] When settings of the correspondence relationship (copy pairs) between the primary volumes and the secondary volumes, the volume groups 150, 160 to which each volume belongs, the journal volumes 170 used there, and the extended volume group 180 are defined, each storage node can perform remote copy control to guarantee the update order across the volume groups 1 and 2). SAKASHITA et al also teaches, wherein the second journal volume is arranged for each node in which the secondary volume of the consistency holding group is arranged, and is used for the journal processing to one or a plurality of the secondary volumes arranged in the node, and the first journal volume is provided corresponding to the second journal volume, so that one or a plurality of the first journal volumes are arranged in one node (Fig. 9 Paragraph [0064] discloses, for each Node ID plurality of volumes are arranged and is used for journal/ log/ IO (input/ output) processing/ group ID (Examiner interprets journal/ IO processing is based on group ID/ task). Regarding dependent claim 7, OKADA et al and SAKASHITA et al teach, the information processing system according to claim 3. SAKASHITA et al further teaches, comprising: a plurality of the consistency holding groups, wherein a plurality of the secondary volumes of the plurality of consistency holding groups are arranged in a plurality of nodes of the second storage system based on resources of nodes of the second storage system (Fig. 9, Paragraphs, [0064], [0113] discloses, plurality of volumes in the consistency group/ same time stamp are arranged in plurality of nodes based on the resources. Also see [0094], [0098]). OKADA et al also teaches, comprising: a plurality of the consistency holding groups, wherein a plurality of the secondary volumes of the plurality of consistency holding groups are arranged in a plurality of nodes of the second storage system (Fig. 1, Paragraph [0038] Regarding write data from a host computer, time when data is written is managed by the primary storage node 1. The data-written time is transferred to a secondary storage node 3 and stored in the JNL volume 170 of the secondary storage apparatus. Subsequently, the secondary storage node stores the write data in the JNL volume into the secondary volumes in the order of the associated data-written time by referring to the time when the data is written. This configuration provides the order guarantee between volumes in the secondary volume group to store the data). Regarding dependent claim 9, OKADA et al and SAKASHITA et al teach, the information processing system according to claim 7. SAKASHITA et al further teaches, wherein whether the secondary volume is movable to a node, in which another secondary volume of the same consistency holding group is arranged, is determined based on the resource of the node, and the secondary volume is moved when it is determined that the secondary volume is movable (Paragraph [0114] When an affirmative result is obtained in step S43 (YES in step S43), it means that a resource imbalance has occurred between nodes. In this case, the rebalancer 500 proceeds to step S44, where the rebalancer 500 performs volume migration (transfer) between nodes and thus adjusts resource assignment by calling and performing volume rearrangement processing. Also see [0051]). Regarding dependent claim 10, OKADA et al and SAKASHITA et al teach, the information processing system according to claim 1. OKADA et al further teaches, wherein when a primary volume and the secondary volume are created to belong to the consistency holding group, the secondary volume to be created is created in a node in which the secondary volume of the same consistency holding group is arranged (Fig. 1, Paragraph [0038] Regarding write data from a host computer, time when data is written is managed by the primary storage node 1. The data-written time is transferred to a secondary storage node 3 and stored in the JNL volume 170 of the secondary storage apparatus. Subsequently, the secondary storage node stores the write data in the JNL volume into the secondary volumes in the order of the associated data-written time by referring to the time when the data is written. This configuration provides the order guarantee between volumes in the secondary volume group to store the data). Regarding independent claim 11, OKADA; Wataru (US 20180032254 A1) teaches, a method for controlling an information processing system, the information processing system including a first storage system including a node that provides a primary volume to a host and a second storage system including a plurality of nodes that hold a secondary volume that is a replication of the primary volume (Fig. 1, Paragraph [0034] discloses, first storage system and second storage system including plurality of volumes and nodes), the method comprising: forming a consistency holding group which is defined such that a plurality of sets of the primary volume and the secondary volume are provided and data in a plurality of the primary volumes written to the plurality of primary volumes with consistency is replicated to a plurality of the secondary volumes with consistency ensured (Paragraph [0034]-[0037] discloses, consistency is ensured based on the order property of data updates between volumes when copying data from the primary storage apparatus 130 to the secondary storage apparatus 140 will be referred to as a volume group), wherein the replication is performed by journal processing using a first journal volume provided in the same node as the primary volume and a second journal volume provided in the same node as the secondary volume (Fig. 1, Paragraph [0037], [0038] discloses, the replication is performed by journal processing), in the consistency holding group, a first journal group including the primary volume and the first journal volume and a second journal group including the secondary volume and the second journal volume are set, and the journal processing is performed while ensuring consistency of the replication between the first journal group and the second journal group, the second journal group is arranged for each node in which the secondary volume of the consistency holding group is arranged (Fig. 1, Paragraph [0038] Regarding write data from a host computer, time when data is written is managed by the primary storage node 1. The data-written time is transferred to a secondary storage node 3 and stored in the JNL volume 170 of the secondary storage apparatus. Subsequently, the secondary storage node stores the write data in the JNL volume into the secondary volumes in the order of the associated data-written time by referring to the time when the data is written. This configuration provides the order guarantee between volumes in the secondary volume group to store the data). OKADA et al fails to explicitly teach, and the secondary volume is arranged in each node of the second storage system based on a usage status of a resource of each node of the second storage system and the number of nodes in which the secondary volume is arranged in the consistency holding group. SAKASHITA; Yuki (US 20210397485 A1) discloses, and the secondary volume is arranged in each node of the second storage system based on a usage status of a resource of each node of the second storage system, and the number of nodes in which the secondary volume in the consistency holding group is arranged (Paragraphs [0103]-[0108] discloses, rebalancing the resources based on the usage status of each node to arrange the secondary volume. Also see [0134]). Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of OKADA et al by providing he secondary volume is arranged in each node of the second storage system based on a usage status of a resource of each node of the second storage system, as taught by SAKASHITA et al (Paragraphs [0103]-[0108]) . One of the ordinary skill in the art would have been motivated to make this modification, by doing son can reduce the calculation amount of the combinatorial optimization calculation between the volumes by reducing the number of calculation target volumes in the rebalancing processing by the rebalancer 500, and thus perform the rebalancing processing in a shorter period than the conventional distributed storage system as taught by SAKASHITA et al (Paragraph [0136]). 6. Claims 2, 5, 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over OKADA; Wataru (US 20180032254 A1) in view of SAKASHITA; Yuki (US 20210397485 A1) and in further view of EMARU; Hironori (US 20120016957 A1). Regarding dependent claim 2, OKADA et al and SAKASHITA et al teach, the information processing system according to claim 1. OKADA et al and SAKASHITA et al fails to explicitly teach, wherein the plurality of secondary volumes are arranged in the plurality of nodes such that the number of the second journal groups is reduced. EMARU; Hironori (US 20120016957 A1) teaches, wherein the plurality of secondary volumes are arranged in the plurality of nodes such that the number of the second journal groups is reduced (Figs. 4-8 Paragraph [0122] discloses, number of copy pair groups and the number of journals are reduced by aggregating them together and deleting the overlapping copy pair groups (Examiner interprets group of copy pairs as journal group and a volume ID as a journal volume). Also see [0088]). Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of OKADA et al and SAKASHITA et al by providing, wherein the plurality of secondary volumes are arranged in the plurality of nodes such that the number of the second journal groups is reduced as taught by EMARU et al (Paragraph [0078]). One of the ordinary skill in the art would have been motivated to make this modification, by doing so an overlap in monitoring of copy pairs is avoided and the monitoring workload on a storage system is thus lessened as taught by EMARU et al (Paragraph [0017]). Regarding dependent claim 5, OKADA et al and SAKASHITA et al teach, the information processing system according to claim 4. OKADA et al and SAKASHITA et al fails to explicitly teach, wherein the number of journal groups and the number of journal volumes are reduced by moving the secondary volume to a node in which another secondary volume of the same consistency holding group is arranged. EMARU; Hironori (US 20120016957 A1) teaches, wherein the number of journal groups and the number of journal volumes are reduced by moving the secondary volume to a node in which another secondary volume of the same consistency holding group is arranged (Figs. 4-8 Paragraph [0122] discloses, number of copy pair groups and the number of journals are reduced by aggregating them together and deleting the overlapping copy pair groups (Examiner interprets group of copy pairs as journal group and a volume ID as a journal volume). Also see [0088]). Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of OKADA et al and SAKASHITA et al by providing, wherein the number of journal groups and the number of journal volumes are reduced by moving the secondary volume to a node in which another secondary volume of the same consistency holding group is arranged, as taught by EMARU et al (Paragraph [0078]) . One of the ordinary skill in the art would have been motivated to make this modification, by doing so an overlap in monitoring of copy pairs is avoided and the monitoring workload on a storage system is thus lessened as taught by EMARU et al (Paragraph [0017]). Regarding dependent claim 6, OKADA et al, SAKASHITA et al and EMARU et al teach, the information processing system according to claim 5. EMARU et al further teaches, wherein the number of the second journal groups and the number of the second journal volumes are reduced by moving the secondary volume between the nodes, and the number of the corresponding first journal groups and the number of the corresponding first journal volumes are reduced by reducing the number of the second journal groups and the number of the second journal volumes (Fig. 8 Paragraph (Figs. 4-8 Paragraph [0122] discloses, number of copy pair groups and the number of journals are reduced by aggregating them together and deleting the overlapping copy pair groups (Examiner interprets group of copy pairs as journal group and a volume ID as a journal volume). Also see [0088]). Also see [0088]), OKADA et al further teaches, and the number of the corresponding first journal groups and the number of the corresponding first journal volumes are reduced by reducing the number of the second journal groups and the number of the second journal volumes (Paragraph [0037] discloses, upon failure/ disaster recovery of the primary site, locating second volumes which form the remote copy pair and copying the volumes based on journal processing. Also see [0010]). Regarding dependent claim 8, OKADA et al and SAKASHITA et al teach, the information processing system according to claim 7. OKADA et al and SAKASHITA et al fails to explicitly teach, wherein the number of the journal groups and the number of the journal volumes are reduced by moving the plurality of secondary volumes to be aggregated to the same node for each of the plurality of consistency holding groups. EMARU et al further teaches, wherein the number of the journal groups and the number of the journal volumes are reduced by moving the plurality of secondary volumes to be aggregated to the same node for each of the plurality of consistency holding groups (Figs. 4-8 Paragraph [0122] discloses, number of copy pair groups and the number of journals are reduced by aggregating them together and deleting the overlapping copy pair groups including the journal volumes/ volume ID (Examiner interprets group of copy pairs as journal group, journal IDs as journals and moving the volumes between nodes such as vol 34, vol 35 from Host B is merged with vol 34, vol 35 in Host A. Examiner interprets Host device as nodes). Also see [0088]). Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of OKADA et al and SAKASHITA et al by providing, wherein the number of the journal groups and the number of the journal volumes are reduced by moving the plurality of secondary volumes to be aggregated to the same node for each of the plurality of consistency holding groups, as taught by EMARU et al (Fig. 8 Paragraph [0078]) . One of the ordinary skill in the art would have been motivated to make this modification, by doing so an overlap in monitoring of copy pairs is avoided and the monitoring workload on a storage system is thus lessened as taught by EMARU et al (Paragraph [0017]). Closest Prior Art 7. The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure. KAWAMURA; Shunji (US 20080104135 A1 ) teaches, In the primary site 100A, a journal group is formed by the PVOL 625 and the journal volume area 627A that is assigned to the PVOL 625, while in the secondary site 100B, a journal group is formed by the SVOL 626, and the journal volume area 627B that is assigned to the SVOL 626. An aggregate of a plurality of volumes can be assigned to a journal volume when the journal group is formed (Paragraph [0114]). Kern; Robert Frederic (US 20070168713 A1) teaches, The master data set 20 includes a list of the sessions being managed and for each managed session, the time of the most recent update to a volume in such session. The master data set 20 may reside on volumes in the storages 6a . . . 6n, 12a . . . 12n. The journal data sets for a primary/secondary control pair may reside on any device. In FIG. 1, each SDM 8a . . . 8n is part of one session whose information is indicated in the master data set 20. Each session may be assigned one or more SDMs 8a . . . 8n (Paragraph [0031]). 8. Examiner has pointed out particular references contained in the prior arts of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and Figures may apply as well. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire references as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior arts or disclosed by the examiner. It is noted that any citation to specific pages, columns, figures, or lines in the prior art references any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331-33, 216 USPQ 1038-39 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968))). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUMAN RAJAPUTRA whose telephone number is (571) 272-4669. The examiner can normally be reached between 8:00 AM - 5:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tony Mahmoudi (571) 272-4078 can be reached. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/ patents/ apply/ patent-center for more information about Patent Center and https://www.uspto.gov/ patents/ docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /S. R./ Examiner, Art Unit 2163 /ALEX GOFMAN/Primary Examiner, Art Unit 2163
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Prosecution Timeline

Mar 05, 2025
Application Filed
Feb 18, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
99%
With Interview (+37.6%)
3y 3m
Median Time to Grant
Low
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