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 .
This action is in response to the communication filed on April 15, 2025.
Claims 21-35 are examined and are pending.
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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Claims 21-35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,298,911 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are substantially similar in scope and they use the same limitations. Especially, the U.S. Patent No. 12,298,911 B2 discloses more details in logic assets with the application scenario. Therefore, it would have been obvious to one of ordinary skill in the art to realize that claims 21-35 of the instant application is fully disclosed by the U.S. Patent No. 12,298,911 B2.
The following table shows the claims in Instant Application that are rejected by corresponding claim(s) in U.S. Patent No. 12,298,911 B2.
Instant Application: 19174664
Patent: 12298911
21. (New) A system, comprising: at least one data processor; and at least one memory result in operations comprising: in response to a query including a projection being processed by a processing thread, receiving a plurality of rows; determining whether the query specifies an order for the plurality of rows; in response to the query specifying the order for the plurality of rows and a disk buffer associated with the processing thread containing a stored row, storing the plurality of rows in the disk buffer; in response to determining the disk buffer does not contain the stored row and a memory buffer containing at least a threshold amount of memory to store the plurality of rows, storing the plurality of rows in the memory buffer associated with the processing thread; and providing the stored plurality of rows in response to the query.
22. (New) The system of claim 21, wherein the disk buffer includes physical memory.
23. (New) The system of claim 21, wherein the memory buffer includes in-memory storage.
24. (New) The system of claim 21, wherein the operations further comprise: in response to determining the query does not specify the order, determining whether the memory buffer contains the threshold amount of memory; and in response to determining the memory buffer contains the threshold amount of memory, storing the plurality of rows in the memory buffer.
25. (New) The system of claim 21, wherein the operations further comprise: in response to determining the query does not specify the order, determining whether the memory buffer contains the threshold amount of memory; and in response to determining the memory buffer does not contain the threshold amount of memory, storing the plurality of rows in the disk buffer.
26. (New) A computer-implemented method, comprising: in response to a query including a projection being processed by a processing thread, receiving a plurality of rows; determining whether the query specifies an order for the plurality of rows; in response to the query specifying the order for the plurality of rows and a disk buffer associated with the processing thread containing a stored row, storing the plurality of rows in the disk buffer; in response to determining the disk buffer does not contain the stored row and a memory buffer containing at least a threshold amount of memory to store the plurality of rows, storing the plurality of rows in the memory buffer associated with the processing thread; and providing the stored plurality of rows in response to the query.
27. (New) The computer-implemented method of claim 26, wherein the disk buffer includes physical memory.
28. (New) The computer-implemented method of claim 26, wherein the memory buffer includes in-memory storage.
29. (New) The computer-implemented method of claim 26, further comprising: in response to determining the query does not specify the order, determining whether the memory buffer contains the threshold amount of memory; and in response to determining the memory buffer contains the threshold amount of memory, storing the plurality of rows in the memory buffer.
30. (New) The computer-implemented method of claim 26, further comprising: in response to determining the query does not specify the order, determining whether the memory buffer contains the threshold amount of memory; and in response to determining the memory buffer does not contain the threshold amount of memory, storing the plurality of rows in the disk buffer.
31. (New) A non-transitory computer-readable medium storing instructions, which when executed by at least one data processor, result in operations comprising: in response to a query including a projection being processed by a processing thread, receiving a plurality of rows; determining whether the query specifies an order for the plurality of rows; in response to the query specifying the order for the plurality of rows and a disk buffer associated with the processing thread containing a stored row, storing the plurality of rows in the disk buffer; in response to determining the disk buffer does not contain the stored row and a memory buffer containing at least a threshold amount of memory to store the plurality of rows, storing the plurality of rows in the memory buffer associated with the processing thread; and providing the stored plurality of rows in response to the query.
32. (New) The non-transitory computer-readable medium of claim 31, wherein the disk buffer includes physical memory.
33. (New) The non-transitory computer-readable medium of claim 31, wherein the memory buffer includes in-memory storage.
34. (New) The non-transitory computer-readable medium of claim 31, wherein the operations further comprise: in response to determining the query does not specify the order, determining whether the memory buffer contains the threshold amount of memory; and in response to determining the memory buffer contains the threshold amount of memory, storing the plurality of rows in the memory buffer.
35. (New) The non-transitory computer-readable medium of claim 31, wherein the operations further comprise: in response to determining the query does not specify the order, determining whether the memory buffer contains the threshold amount of memory; and in response to determining the memory buffer does not contain the threshold amount of memory, storing the plurality of rows in the disk buffer.
1. A system, comprising: at least one data processor; and at least one memory result in operations comprising: receiving a query including a projection; receiving a plurality of rows in response to the query processed by a processing thread of a plurality of processing threads; determining whether the query specifies an order for the plurality of rows; in response to the query specifying the order, determining whether a disk buffer associated with the processing thread contains a stored row; in response to determining the disk buffer contains the stored row, storing the plurality of rows in the disk buffer; in response to determining the disk buffer does not contain the stored row and a memory buffer contains at least a threshold amount of memory to store the plurality of rows, storing the plurality of rows in the memory buffer associated with the processing thread; and providing the stored plurality of rows in response to the query.
2. The system of claim 1, wherein the disk buffer includes physical memory, and wherein the memory buffer includes in-memory storage.
3. The system of claim 1, wherein the operations further comprise: in response to determining the query does not specify the order, determining whether the memory buffer contains the threshold amount of memory; and in response to determining the memory buffer contains the threshold amount of memory, storing the plurality of rows in the memory buffer.
4. The system of claim 1, wherein the operations further comprise: in response to determining the query does not specify the order, determining whether the memory buffer contains the threshold amount of memory; and in response to determining the memory buffer does not contain the threshold amount of memory, storing the plurality of rows in the disk buffer.
5. The system of claim 1, wherein the providing comprises: consuming, by a fetching thread, the plurality of rows stored in the disk buffer and/or the memory buffer.
6. The system of claim 5, wherein the providing further comprises: determining whether to consume the plurality of rows from the disk buffer prior to determining whether to consume the plurality of rows from the memory buffer when the query specifies the order for the plurality of rows.
7. The system of claim 5, wherein the providing further comprises: determining whether to consume the plurality of rows from the memory buffer prior to determining whether to consume the plurality of rows from the disk buffer when the query specifies the order for the plurality of rows.
8. The system of claim 1, wherein a second processing thread of the plurality of processing threads stores a second plurality of rows in (a) a second disk buffer associated with the second processing thread in response to determining the second disk buffer contains a second stored row or (b) a second memory buffer associated with the second processing thread in response to determining the second disk buffer does not contain the second stored row and the second memory buffer contains at least a second threshold amount of memory to store the second plurality of rows.
9. A computer-implemented method, comprising: receiving a query including a projection; receiving a plurality of rows in response to the query processed by a processing thread of a plurality of processing threads; determining whether the query specifies an order for the plurality of rows; in response to the query specifying the order, determining whether a disk buffer associated with the processing thread contains a stored row; in response to determining the disk buffer contains the stored row, storing the plurality of rows in the disk buffer; in response to determining the disk buffer does not contain the stored row and a memory buffer contains at least a threshold amount of memory to store the plurality of rows, storing the plurality of rows in the memory buffer associated with the processing thread; and providing the stored plurality of rows in response to the query.
10. The method of claim 9, wherein the disk buffer includes physical memory, and wherein the memory buffer includes in-memory storage.
11. The method of claim 9, wherein the operations further comprise: in response to determining the query does not specify the order, determining whether the memory buffer contains the threshold amount of memory; and in response to determining the memory buffer contains the threshold amount of memory, storing the plurality of rows in the memory buffer.
12. The method of claim 9, wherein the operations further comprise: in response to determining the query does not specify the order, determining whether the memory buffer contains the threshold amount of memory; and in response to determining the memory buffer does not contain the threshold amount of memory, storing the plurality of rows in the disk buffer.
13. The method of claim 9, wherein the providing comprises: consuming, by a fetching thread, the plurality of rows stored in the disk buffer and/or the memory buffer.
14. The method of claim 13, wherein the providing further comprises: determining whether to consume the plurality of rows from the disk buffer prior to determining whether to consume the plurality of rows from the memory buffer when the query specifies the order for the plurality of rows.
15. The method of claim 13, wherein the providing further comprises: determining whether to consume the plurality of rows from the memory buffer prior to determining whether to consume the plurality of rows from the disk buffer when the query specifies the order for the plurality of rows.
16. The method of claim 9, wherein a second processing thread of the plurality of processing threads stores a second plurality of rows in (a) a second disk buffer associated with the second processing thread in response to determining the second disk buffer contains a second stored row or (b) a second memory buffer associated with the second processing thread in response to determining the second disk buffer does not contain the second stored row and the second memory buffer contains at least a second threshold amount of memory to store the second plurality of rows.
17. A non-transitory computer-readable medium storing instructions, which when executed by at least one data processor, result in operations comprising: receiving a query including a projection; receiving a plurality of rows in response to the query processed by a processing thread of a plurality of processing threads; determining whether the query specifies an order for the plurality of rows; in response to the query specifying the order, determining whether a disk buffer associated with the processing thread contains a stored row; in response to determining the disk buffer contains the stored row, storing the plurality of rows in the disk buffer; in response to determining the disk buffer does not contain the stored row and a memory buffer contains at least a threshold amount of memory to store the plurality of rows, storing the plurality of rows in the memory buffer associated with the processing thread; and providing the stored plurality of rows in response to the query.
18. The non-transitory computer-readable medium of claim 17, wherein the disk buffer includes physical memory, and wherein the memory buffer includes in-memory storage.
19. The non-transitory computer-readable medium of claim 17, wherein the operations further comprise: in response to determining the query does not specify the order, determining whether the memory buffer contains the threshold amount of memory; and in response to determining the memory buffer contains the threshold amount of memory, storing the plurality of rows in the memory buffer.
20. The non-transitory computer-readable medium of claim 17, wherein the operations further comprise: in response to determining the query does not specify the order, determining whether the memory buffer contains the threshold amount of memory; and in response to determining the memory buffer does not contain the threshold amount of memory, storing the plurality of rows in the disk buffer.
“Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U.S. Court of Customs and Patent Appeals.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED R UDDIN whose telephone number is (571)270-3138. The examiner can normally be reached M-F: 9:00 AM-5:00 PM.
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/MOHAMMED R UDDIN/Primary Examiner, Art Unit 2161