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 .
Claims 1-20 are active in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/18/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant arguments with respect to the 35 U.S.C 102(a)(1) rejections have been fully considered and found to be persuasive. The 35 U.S.C 102(a)(1) rejections have been withdrawn. However, the Double Patenting Rejection has been maintained as addressed below.
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.
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.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of Patent No. 12,287,710. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims recite substantially similar claim limitations as depicted in the table below.
Instant Application
12,287,710
1. A computer-implemented method, comprising:
receiving event data at an active deployment of a data intake and query system;
processing the event data in a plurality of stages of the data intake and query system to convert the event data into searchable buckets of indexed data, wherein files generated at each stage of the processing are uploaded to a first scalable storage module in the active deployment associated with a first cloud-based stack of the data intake and query system; and
replicating the files generated at each stage of the processing to a second scalable storage module in a standby deployment associated with a second cloud-based stack different from the first cloud-based stack of the data intake and query system.
2. The computer-implemented method of claim 1, further comprising responsive to an outage at the active deployment, transitioning control to the standby deployment.
3. The computer-implemented method of claim 1, further comprising recovering the event data at the standby deployment using the files replicated to the second scalable storage module.
4. The computer-implemented method of claim 1, further comprising: recovering the event data at the standby deployment; and processing the recovered event data at the standby deployment to generate buckets of indexed data searchable at the standby deployment.
5. The computer-implemented method of claim 1, wherein the data intake and query system comprises a cloud deployment of the data intake and query system, and wherein the data intake and query system is associated with a plurality of stacks, wherein each stack is dedicated to a subscriber of the data intake and query system.
6. The computer-implemented method of claim 1, wherein the data intake and query system is associated with the first cloud-based stack, wherein the first cloud-based stack comprises a group of computing devices dedicated to a subscriber of the data intake and query system, and wherein the group of computing devices comprises at least one ingestor to ingest event data received at the active deployment, a search head communicatively coupled with one or more indexers, wherein the one or more indexers index and search data associated with the subscriber, wherein the search head processes events returned by the one or more indexers in response to a query and produces results to respond to the query.
7. The computer-implemented method of claim 1, wherein the data intake and query system is associated with a group of computing devices, and wherein the group of computing devices comprises at least one queue service, a scalable storage server, at least one server pod and at least one metadata database, wherein the at least one queue service stores messages referencing locations associated with the event data on the scalable storage server, wherein the scalable storage server is included in the first scalable storage module and the second scalable storage module and stores the files generated at each stage of the processing, wherein the at least one server pod coordinates one or more indexers deployed in the active deployment that index the event data, and wherein the metadata database stores metadata associated with the indexed event data generated by the one or more indexers and stored on the scalable storage server.
8. The computer-implemented method of claim 1, wherein at least one stage of the plurality of stages comprises: ingesting the event data and transforming the event data into ingested file blocks; generating messages corresponding to the ingested file blocks to be uploaded to a queue, wherein each message contains a reference pointer to a location on the first scalable storage module where a corresponding ingested file block is stored; and uploading the ingested file blocks to the first scalable storage module.
9. The computer-implemented method of claim 1, wherein at least one stage of the plurality of stages comprises: accessing a queue to retrieve a location pointer for an ingested file block associated with the event data; retrieving the ingested file block using the location pointer from the first scalable storage module; indexing event data in the ingested file block; and uploading hot bucket slices comprising indexed event data to the first scalable storage module.
10. The computer-implemented method of claim 1, wherein at least one stage of the plurality of stages comprises: responsive to a determination that a threshold number of hot bucket slices have been uploaded by one of more indexers in the active deployment to the first scalable storage module, concatenating the hot bucket slices; generating a metadata file and a time-series index file associated with the hot bucket slices; consolidating the concatenated hot bucket slices, the metadata file and the time-series index file into a hot bucket; and changing the status of the hot bucket to a warm bucket, wherein the hot bucket remains operable for writing by an indexer, and wherein the warm bucket is no longer open for writing.
11. The computer-implemented method of claim 1, further comprising recovering the event data at the standby deployment, wherein recovering the event data at the standby deployment comprises: accessing an ingested file block from the second scalable storage module; extracting metadata from the ingested file block comprising a location pointer to the ingested file block on the second scalable storage module; and uploading a message to a queue in the standby deployment comprising the metadata.
12. The computer-implemented method of claim 1, further comprising recovering the event data at the standby deployment, wherein recovering the event data at the standby deployment comprises: accessing one or more hot bucket slices from the second scalable storage module; repairing the one or more hot bucket slices; concatenating the hot bucket slices into a journal; generating one or more other files used in a creation of a bucket; and creating a warm bucket using the journal and the one or more other files.
13. The computer-implemented method of claim 1, further comprising recovering the event data at the standby deployment, wherein recovering the event data at the standby deployment comprises: accessing one or more warm buckets from the second scalable storage module; extracting metadata from the one or more warm buckets; populating the metadata in a metadata database; and making the warm buckets available for searching by one or more indexers.
14. A computing device, comprising:
a processor; and
a non-transitory computer-readable medium having stored thereon instructions that, when executed by the processor, cause the processor to perform operations including:
receiving event data at an active deployment of a data intake and query system;
processing the event data in a plurality of stages of the data intake and query system to convert the event data into searchable buckets of indexed data, wherein files generated at each stage of the processing are uploaded to a first scalable storage module in the active deployment associated with a first cloud-based stack of the data intake and query system; and
replicating the files generated at each stage of the processing to a second scalable storage module in a standby deployment associated with a second cloud-based stack different from the first cloud-based stack of the data intake and query system.
15. The computing device of claim 14, wherein the data intake and query system comprises a cloud deployment of the data intake and query system, and wherein the data intake and query system is associated with a plurality of stacks, wherein each stack is dedicated to a subscriber of the data intake and query system.
16. The computing device of claim 14, wherein the data intake and query system is associated with the first cloud-based stack, wherein the first cloud-based stack comprises a group of computing devices dedicated to a subscriber of the data intake and query system, and wherein the group of computing devices comprises at least one ingestor to ingest event data received at the active deployment, a search head communicatively coupled with one or more indexers, wherein the one or more indexers index and search data associated with the subscriber, wherein the search head processes events returned by the one or more indexers in response to a query and produces results to respond to the query.
17. The computing device of claim 14, wherein the data intake and query system is associated with a group of computing devices, and wherein the group of computing devices comprises at least one queue service, a scalable storage server, at least one server pod and at least one metadata database, wherein the at least one queue service stores messages referencing locations associated with the event data on the scalable storage server, wherein the scalable storage server is associated with the first scalable storage module and the second scalable storage module and stores the files generated at each stage of the processing, wherein the at least one server pod coordinates one or more indexers deployed in the active deployment that index the event data, and wherein the metadata database stores metadata associated with the indexed event data generated by the one or more indexers and stored on the scalable storage server.
18. The computing device of claim 14, wherein at least one stage of the plurality of stages comprises: ingesting the event data and transforming the event data into ingested file blocks; generating messages corresponding to the ingested file blocks to be uploaded to a queue, wherein each message contains a reference pointer to a corresponding ingested file block; and uploading the ingested file blocks to a scalable storage module deployed in the active deployment.
19. A non-transitory computer-readable medium having stored thereon instructions that, when executed by one or more processors, cause the one or more processor to perform operations including:
receiving event data at an active deployment of a data intake and query system;
processing the event data in a plurality of stages of the data intake and query system to convert the event data into searchable buckets of indexed data, wherein files generated at each stage of the processing are uploaded to a first scalable storage module in the active deployment associated with a first cloud-based stack of the data intake and query system; and
replicating the files generated at each stage of the processing to a second scalable storage module in a standby deployment associated with a second cloud-based stack different from the first cloud-based stack of the data intake and query system.
20. The non-transitory computer-readable medium of claim 19, wherein the first cloud-based stack of the data intake and query system includes a first ingestor to ingest event data, first search head to process events, and a first indexer, and the second cloud-based stack of the data intake and query system includes a second ingestor different from the first ingestor, a second search head different from the first search head, and a second indexer different from the first indexer.
1. A computer-implemented method, comprising:
receiving event data at an active deployment of a data intake and query system;
processing the event data in a plurality of stages of the data intake and query system to convert the event data into searchable buckets of indexed data, wherein files generated at each stage of the processing are uploaded to a first scalable storage module in the active deployment;
replicating the files generated at each stage of the processing to a second scalable storage module in a standby deployment of the data intake and query system;
responsive to an outage at the active deployment, transitioning control to the standby deployment; and
recovering the event data at the standby deployment using the files replicated to the second scalable storage module.
2. The computer-implemented method of claim 1, further comprising: processing the recovered event data at the standby deployment to generate buckets of indexed data searchable at the standby deployment.
3. The computer-implemented method of claim 1, wherein the data intake and query system comprises a cloud deployment of the data intake and query system, and wherein the data intake and query system is associated with one or more stacks, wherein each stack is dedicated to a subscriber of the data intake and query system.
4. The computer-implemented method of claim 1, wherein the data intake and query system is associated with a stack, wherein the stack comprises a group of computing devices dedicated to a subscriber of the data intake and query system, and wherein the group of computing devices comprises at least one ingestor to ingest event data received at the active deployment, a search head communicatively coupled with one or more indexers, wherein the one or more indexers index and search data associated with the subscriber, wherein the search head processes events returned by the one or more indexers in response to a query and produces results to respond to the query.
5. The computer-implemented method of claim 1, wherein the data intake and query system is associated with a group of computing devices, and wherein the group of computing devices comprises at least one queue service, a scalable storage server, at least one server pod and at least one metadata database, wherein the at least one queue service stores messages referencing locations associated with the event data on the scalable storage server, wherein the scalable storage server is included in the first scalable storage module and the second scalable storage module and stores the files generated at each stage of the processing, wherein the at least one server pod coordinates one or more indexers deployed in the active deployment that index the event data, and wherein the metadata database stores metadata associated with the indexed event data generated by the one or more indexers and stored on the scalable storage server.
6. The computer-implemented method of claim 1, wherein at least one stage of the plurality of stages comprises: ingesting the event data and transforming the event data into ingested file blocks; generating messages corresponding to the ingested file blocks to be uploaded to a queue, wherein each message contains a reference pointer to a location on the first scalable storage module where a corresponding ingested file block is stored; and uploading the ingested file blocks to the first scalable storage module.
7. The computer-implemented method of claim 1, wherein at least one stage of the plurality of stages comprises: accessing a queue to retrieve a location pointer for an ingested file block associated with the event data; retrieving the ingested file block using the location pointer from the first scalable storage module; indexing event data in the ingested file block; and uploading hot bucket slices comprising indexed event data to the first scalable storage module.
8. The computer-implemented method of claim 1, wherein at least one stage of the plurality of stages comprises: responsive to a determination that a threshold number of hot bucket slices have been uploaded by one of more indexers in the active deployment to the first scalable storage module, concatenating the hot bucket slices; generating a metadata file and a time-series index file associated with the hot bucket slices; consolidating the concatenated hot bucket slices, the metadata file and the time-series index file into a hot bucket; and changing the status of the hot bucket to a warm bucket, wherein the hot bucket remains operable for writing by an indexer, and wherein the warm bucket is no longer open for writing.
9. The computer-implemented method of claim 1, wherein recovering the event data at the standby deployment comprises: accessing an ingested file block from the second scalable storage module; extracting metadata from the ingested file block comprising a location pointer to the ingested file block on the second scalable storage module; and uploading a message to a queue in the standby deployment comprising the metadata.
10. The computer-implemented method of claim 1, wherein recovering the event data at the standby deployment comprises: accessing one or more hot bucket slices from the second scalable storage module; repairing the one or more hot bucket slices; concatenating the hot bucket slices into a journal; generating one or more other files used in a creation of a bucket; and creating a warm bucket using the journal and the one or more other files.
11. The computer-implemented method of claim 1, wherein recovering the event data at the standby deployment comprises: accessing one or more warm buckets from the second scalable storage module; extracting metadata from the one or more warm buckets; populating the metadata in a metadata database; and making the warm buckets available for searching by one or more indexers.
12. A computing device, comprising:
a processor; and
a non-transitory computer-readable medium having stored thereon instructions that, when executed by the processor, cause the processor to perform operations including: receiving event data at an active deployment of a data intake and query system;
processing the event data in a plurality of stages of the data intake and query system to convert the event data into searchable buckets of indexed data, wherein files generated at each stage of the processing are uploaded to a first scalable storage module in the active deployment;
replicating the files generated at each stage of the processing to a second scalable storage module in a standby deployment of the data intake and query system;
responsive to an outage at the active deployment, transitioning control to the standby deployment; and recovering the event data at the standby deployment using the files replicated to the second scalable storage module.
13. The computing device of claim 11, wherein the data intake and query system comprises a cloud deployment of the data intake and query system, and wherein the data intake and query system is associated with one or more stacks, wherein each stack is dedicated to a subscriber of the data intake and query system.
14. The computing device of claim 11, wherein the data intake and query system is associated with a stack, wherein the stack comprises a group of computing devices dedicated to a subscriber of the data intake and query system, and wherein the group of computing devices comprises at least one ingestor to ingest event data received at the active deployment, a search head communicatively coupled with one or more indexers, wherein the one or more indexers index and search data associated with the subscriber, wherein the search head processes events returned by the one or more indexers in response to a query and produces results to respond to the query.
15. The computing device of claim 11, wherein the data intake and query system is associated with a group of computing devices, and wherein the group of computing devices comprises at least one queue service, a scalable storage server, at least one server pod and at least one metadata database, wherein the at least one queue service stores messages referencing locations associated with the event data on the scalable storage server, wherein the scalable storage server is associated with the first scalable storage module and the second scalable storage module and stores the files generated at each stage of the processing, wherein the at least one server pod coordinates one or more indexers deployed in the active deployment that index the event data, and wherein the metadata database stores metadata associated with the indexed event data generated by the one or more indexers and stored on the scalable storage server.
16. The computing device of claim 11, wherein at least one stage of the plurality of stages comprises: ingesting the event data and transforming the event data into ingested file blocks; generating messages corresponding to the ingested file blocks to be uploaded to a queue, wherein each message contains a reference pointer to a corresponding ingested file block; and uploading the ingested file blocks to a scalable storage module deployed in the active deployment.
17. The computing device of claim 11, wherein at least one stage of the plurality of stages comprises: accessing a queue to retrieve a location pointer for an ingested file block associated with the event data; retrieving the ingested file block using the location pointer from the first scalable storage module; indexing event data in the ingested file block; and uploading hot bucket slices associated with the event data to the first scalable storage module.
18. The computing device of claim 11, wherein at least one stage of the plurality of stages comprises: responsive to a determination that a threshold number of hot bucket slices have been uploaded by one of more indexers in the active deployment to the first scalable storage module, concatenating the hot bucket slices; generating a metadata file and a time-series index file associated with the hot bucket slices; consolidating the concatenated hot bucket slices, the metadata file and the time-series index file into a hot bucket; and changing the status of the hot bucket to a warm bucket, wherein the hot bucket remains operable for writing by an indexer, and wherein the warm bucket is no longer open for writing.
19. A non-transitory computer-readable medium having stored thereon instructions that, when executed by one or more processors, cause the one or more processor to perform operations including:
receiving event data at an active deployment of a data intake and query system;
processing the event data in a plurality of stages of the data intake and query system to convert the event data into searchable buckets of indexed data, wherein files generated at each stage of the processing are uploaded to a first scalable storage module in the active deployment;
replicating the files generated at each stage of the processing to a second scalable storage module in a standby deployment of the data intake and query system; responsive to an outage at the active deployment, transitioning control to the standby deployment; and recovering the event data at the standby deployment using the files replicated to the second scalable storage module.
20. The non-transitory computer-readable medium of claim 19, wherein the data intake and query system comprises a cloud deployment of the data intake and query system, and wherein the data intake and query system is associated with one or more stacks, wherein each stack is dedicated to a subscriber of the data intake and query system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ghosh (US 11620541) discloses Custom Use Case Framework In Computer Analytics System.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERILYN P NGUYEN whose telephone number is 571-272-4026. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kavita Stanley can be reached on (571) 272-8352. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MERILYN P NGUYEN/Primary Examiner, Art Unit 2153 August 21, 2026
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