The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2 and 4-8 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by MacLaurin et al. (U.S. Pub. 2008/0082490 A1)
With respect to claim 1, Maclaurin et al. discloses a system for indexing a plurality of items stored data centers in a storage system, the system comprising:
a control computer comprising a processor coupled to a non-transitory memory containing instructions which, when executed by the processor, cause the control computer to coordinate an indexing operation of the items stored in the data centers (i.e., “The innovation enables generation of an index of cloud-based resources (e.g., data, services, applications). The index can be used to retrieve a subset of the cloud-based resources by analyzing a user-generated or standing query. `Identity` and contextual factors can be incorporated to enable rich indexing as well as subsequent retrieval of meaningful resources.”(abstract)), by:
establishing communication between the control computer and a cloud computing service (i.e., “the index can be searched to identify and locate data and services relevant to the user in a particular capacity and/or context. In other aspects, users can access the index from any client device to retrieve and render a rich view of relevant data and services. ”(0011));
causing the cloud computing service to access each item within the data center where that item is stored (i.e., “The innovation enables generation of an index of cloud-based resources (e.g., data, services, applications). The index can be used to retrieve a subset of the cloud-based resources by analyzing a user-generated or standing query. `Identity` and contextual factors can be incorporated to enable rich indexing as well as subsequent retrieval of meaningful resources.”(abstract)),;
causing the cloud computing service to determine, by a first cloud process, which process from among the first cloud process and a second cloud process ((i.e., “methodology that enables index of cloud-based resources (e.g., data, services, applications). Other aspects are directed to employing the index to retrieve a subset of the cloud-based resources. In each scenario, `identity` and other contextual factors can be incorporated to enable retrieval of meaningful resources.” (0008) and “In addition to indexing cloud-based resources, aspects of the invention provide for rapid search and location of user specific data and/or services within the cloud of devices and services provided by the third party. Accordingly, the index can be searched to identify and locate data and services relevant to the user in a particular capacity and/or context.”(0011)), to use to extract the content from the first item, said process being a selected process (i.e., “a user employing a client device located at an Internet cafe can retrieve selected (or relevant) information without downloading all available user specific information to the client device.”(0011) and enables index od cloud-based resources is causing the cloud computing device as claimed invention);
causing the selected process to index that item within that data center (i.e., “a user employing a client device located at an Internet cafe can retrieve selected (or relevant) information without downloading all available user specific information to the client device.”(0011) and Examiner asserts that without downloading, mean item within that data center and “at 208, an index can be established and that identifies associations and/or locations of resources located within the cloud.”(0038));
causing the cloud computing service to collect results from indexing the plurality of items (i.e., “In addition to indexing cloud-based resources, aspects of the invention provide for rapid search and location of user specific data and/or services within the cloud of devices and services provided by the third party. Accordingly, the index can be searched to identify and locate data and services relevant to the user in a particular capacity and/or context…a user employing a client device located at an Internet cafe can retrieve selected (or relevant) information without downloading all available user specific information to the client device.”(0011)); and
causing the cloud computing service to provide a master index (104)(fig. 1, and 4) comprising all of the results (fig. 4 shows the result from resource analysis (402) and metadata generation component (404))), thereby allowing a user to find material within the storage system by using the master index (i.e., “a user employing a client device located at an Internet cafe can retrieve selected (or relevant) information without downloading all available user specific information to the client device.”(0011) and “In order to provide a rich index view of resources, the search component 702 can include a results configuration component 902. In operation, the results configuration component 902 can facilitate managing and/or organizing retrieved resource references prior to rendering via the rich index view”(0062), Examiner asserts that the system 100 at figs. 1, 4-6 is the storage system as claim invention as claimed invention, for particular, “The system 100 can provide for rapid search and location of user-specific data and/or services within the cloud-based architecture. In doing so, a rich index component 104 can be maintained and made available to a user. This index 104 can be searched to identify and locate data and services relevant to the user or appropriate context. ”(0033)).
Regarding claim 2, MacLaurin et al. discloses wherein causing the cloud computing service to access each item within the data center where that item is stored comprises using a password specific to that item (i.e., “in addition to this identify being established via biometrics, login/password, challenge/response…via authentication/authorization mechanisms described in there lated applications set forth supra” (0040)).
Regarding claim 4, MacLaurin et al. discloses wherein each of the plurality of data centers comprises a separate building housing storage computers (i.e.,“resource store 106 is illustrated as a single store, it will be appreciated that the storage of resource can be distributed in accordance with aspects of the innovation. ...resources can located in disparate storages exclusively maintained within the cloud environment” (0031) and it is inherent those disparate storages have housing in order to protect the storage).
Regarding claim 5, MacLaurin et al. discloses wherein each item is stored in one of the plurality of data centers within a computer device comprising a non-transitory memory (i.e., “In a distributed computing environment, program modules can be located in both local and remote memory storage devices”(0071)).
Regarding claim 6, MacLaurin et al. discloses wherein the first cloud process executes on the data center where the first item is located (fig. 4 shows wherein each item 406 is indexed by process 102 within the data center 100).
Regarding claim 7, MacLaurin et al. discloses wherein each data center of the plurality of data centers is part of the cloud computing service (i.e., “employing an index to render resources within a cloud-based environment ….received and analyzed to identify the type of resource desired” (0042).
Regarding claim 8, MacLaurin et al. discloses the system of claim 7, wherein each process used to index the items is provided by the cloud computing service (i.e., “The innovation enables generation of an index of cloud-based resources (e.g., data, services, applications). The index can be used to retrieve a subset of the cloud-based resources by analyzing a user-generated or standing query. ”(abstract)).
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over MacLaurin et al. (U.S. Pub. 2008/0082490 A1) and in view of Frank (U.S. Pub. 2008/0059452 A1).
Regarding claim 3, MacLaurin et al. discloses wherein the plurality of items includes email accounts; documents (i.e., “the input can be a routine `save` operation of a document, a receipt of an email or other external correspondence, an acknowledgement of a subscription service or the like. ”(0036)); folders; and items that are not text-searchable held in email system files or document management systems (0037 show image document, audio/music file)., and wherein items that are not text-searchable include PDF-formatted files and image files (i.e., “the system can establish the type of data element, for example, image document, audio/music file, word processing document, etc.”(0037)) but MacLaurin et al. do not explicitly discloses PDF-formatted files and performing a character recognition operation on those items to generate text and identifying character strings within the text. However, Frank et al. discloses PDF-formatted files (0130, 0175) and further comprises performing a character recognition operation on those items to generate text and identifying character strings within the text (0129, 0150, 0186). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify MacLaurin with the teachings of Frank in order to search with specific criteria, such as containing specified keywords, therefore, easy to create the easy interface for user. Moreover, both references disclose features that are directed to analogous art and the same field of endeavor, such as index and matching. This close relationship between MacLaurin and Frank highly suggests an expectation of success.
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 obviousness-type 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 Omum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 10 of Patent No. 9,928,260 Although the conflicting are not patentably distinct from each other because since the claims of the Patent No. 9,928,260 contains every element of the claims of the instant application, and as such, anticipate the claims of the instant application. (see table below).
Instant Application claim 1
Patent No. 9,928,260 claim 10
A system for indexing a plurality of items stored data centers in a storage system, the system comprising:
a control computer comprising a processor coupled to a non-transitory memory containing instructions which, when executed by the processor, cause the control computer to coordinate an indexing operation of the items stored in the data centers, by:
establishing communication between the control computer and a cloud computing service;
causing the cloud computing service to access each item within the data center where that item is stored;
causing the cloud computing service to determine, by a first cloud process, which process from among the first cloud process and a second cloud process, to use to extract the content from the first item, said process being a selected process;
causing the selected process to index that item within that data center;
causing the cloud computing service to collect results from indexing the plurality of items; and
causing the cloud computing service to provide a master index comprising all of the results, thereby allowing a user to find material within the storage system by using the master index.
A system for indexing a storage system, the system comprising:
a control computer comprising a processor coupled to a non-transitory memory containing instructions configured to cause the control computer to coordinate an indexing operation of data stored in a cloud comprising a plurality of items and to load-balance the indexing operations, each item stored in one of a plurality of data centers and wherein the plurality of items include at least one of email accounts, documents, folders, and items that are not text-searchable, by:
accessing each item within the data center where that item is stored;
determining whether to index at least one of the plurality of items using a first process, wherein the first process determines whether to index an item directly and whether to cause a second process to index the item, wherein each process load-balances indexing operations across the processes, wherein load-balancing comprises detecting embedded data of the at least one of the plurality of items, creating a work item for the embedded data, and processing the work item to determine a characteristic of the embedded data and further determine under which of the first process and second process that the at least one of the plurality of items should be indexed; causing the first or the second process within that data center to index that item; collecting or compiling results from indexing the plurality of items; and providing a master index comprising all of the results, thereby allowing a user to find material within the storage system by using the master index.
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 10 of Patent No. 11,030,170 Although the conflicting are not patentably distinct from each other because since the claim 10 of the Patent No. 11,030,170 contains every element of the claim 1 of the instant application, and as such, anticipate the claims of the instant application. (see table below).
Instant Application claim 1
Patent No. 11,030,170 claim 10
A system for indexing a plurality of items stored data centers in a storage system, the system comprising:
a control computer comprising a processor coupled to a non-transitory memory containing instructions which, when executed by the processor, cause the control computer to coordinate an indexing operation of the items stored in the data centers, by:
establishing communication between the control computer and a cloud computing service;
causing the cloud computing service to access each item within the data center where that item is stored;
causing the cloud computing service to determine, by a first cloud process, which process from among the first cloud process and a second cloud process, to use to extract the content from the first item, said process being a selected process;
causing the selected process to index that item within that data center;
causing the cloud computing service to collect results from indexing the plurality of items; and
causing the cloud computing service to provide a master index comprising all of the results, thereby allowing a user to find material within the storage system by using the master index.
A method for indexing a storage system, the method comprising:
analyzing a storage system comprising a plurality of items, wherein the plurality of items includes at least one of email accounts; documents; folders; and items that are not text-searchable held in email system files or document management systems, each item stored in one of a plurality of data centers, by accessing each item within the data center where that item is stored;
determining whether to index at least one of the plurality of items using a first process, wherein the first process determines whether to index an item directly, or to index the at least one of the plurality of items using a second process, each of the first and second processes being executed in
a cloud computer service; indexing the at least one of the plurality of items using the first process or the second process in the cloud computer service, wherein indexing items that are not text searchable comprises performing a character recognition operation on those items to generate text and identifying character strings within the text; and collecting results from the indexing at a control system; and providing a master index comprising all of the results, thereby allowing a user to find material within the storage system by using the master index.
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 11 of Patent No. 11,886,406 Although the conflicting are not patentably distinct from each other because since the claim 11 of the Patent No. 11,886,406 contains every element of the claims of the instant application, and as such, anticipate the claims of the instant application. (see table below).
Instant Application claim 1
Patent No. 11,886,406 claim 10
A system for indexing a plurality of items stored data centers in a storage system, the system comprising:
a control computer comprising a processor coupled to a non-transitory memory containing instructions which, when executed by the processor, cause the control computer to coordinate an indexing operation of the items stored in the data centers, by:
establishing communication between the control computer and a cloud computing service;
causing the cloud computing service to access each item within the data center where that item is stored;
causing the cloud computing service to determine, by a first cloud process, which process from among the first cloud process and a second cloud process, to use to extract the content from the first item, said process being a selected process;
causing the selected process to index that item within that data center;
causing the cloud computing service to collect results from indexing the plurality of items; and
causing the cloud computing service to provide a master index comprising all of the results, thereby allowing a user to find material within the storage system by using the master index.
A system for extracting content of a plurality of items in a storage system, the system comprising: a control computer comprising
a processor coupled to a non-transitory memory containing instructions causing the control computer to coordinate a content extracting operation of data stored in a cloud comprising a plurality of items, each item stored in one of a plurality of data centers, by:
accessing each item within the data center where that item is stored; identifying, by a first cloud process, a first item from the plurality of items, which first item includes content comprising an embedded second item;
determining, by the first cloud process, which process from among the first cloud process and a second cloud process, to use to extract the content from the first item, said process being a selected process;
causing selected process within that data center to extract content of that item; collecting or compiling the content extracted from the plurality of items; and providing all of the results in a format selected from a group consisting of PDF, Tiff, text, and the native format of the results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG T VY whose telephone number is (571)272-1954. The examiner can normally be reached M-F 8-5.
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 can be reached at (571)272-4078. 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.
/HUNG T VY/Primary Examiner, Art Unit 2163 March 21, 2026
Prosecution Insights