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 .
Claim Status
Claims 1-24 are pending.
Specification
The disclosure is objected to because of the following informalities:
[0001] This U.S. Patent Application is a Continuation of U.S. Patent Application No.
18/488,755, filed October 17, 2023, now U.S. Pat. No. 12,298,942 which is hereby incorporated by reference in its entirety for all purposes.
Appropriate correction is required.
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 1-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 12,298,942 in view of Jernigan.
Present Application
1.A non-transitory computer-readable storage medium having stored thereon instructions that, when executed by one or more processors, cause the one or more processors to:
18/488,755
1. A non-transitory computer-readable storage medium having stored thereon instructions that, when executed by one or more processors, cause the one or more processors to:
Present Application
determine whether conditions on a first node indicate a bottleneck condition, wherein the
first node comprises a first set of interface module(s), a first set of data management module(s), and a first set of data storage devices;
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receive a write request at a first data storage node having a first set of interface module(s), a first set of data management module(s), and a first set of data storage devices, the write request indicating a target file to be written
Present Application
trigger a non-disruptive file move in response to determining conditions on the first node
indicate the bottleneck condition, wherein one or more files to be moved in response to the
bottleneck condition are associated with a cause of the bottleneck condition;
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determine whether conditions on the first node indicate a bottleneck condition,
trigger a non-disruptive file move in response to determining conditions on the first node indicate the bottleneck condition
Present Application
convert the one or more files to corresponding multipart files with a file location for the multipart files in a first constituent, wherein the multipart files utilize a directory that indicates a plurality of nodes corresponding to the multipart files;
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convert the target file in a first constituent on the first node
to a multipart file in the first constituent with a file
location for the multipart file in the first constituent in
response to the trigger, wherein the multipart file is
created from the target file and utilizes a directory that
indicates a plurality of nodes corresponding to the multipart file
Present Application
create one or more new file in a second constituent corresponding to the one or more files to
be moved from the first constituent; and
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create a new file in a second constituent
Present Application
move contents of the one or more files in the first constituent to the one or more
corresponding new files on the second constituent while maintaining access to contents of the one or more files in the first constituent via an associated file handle via access to the multipart file.
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create a new file in a second constituent
move contents of the target file to a new file on the second constituent while maintaining access to the target file via an associated file handle via access to the multipart file and
delete the target file from the first constituent
Present Application
2. The non-transitory computer-readable storage medium of claim 1 further comprising
instructions that, when executed, cause the one or more processors to:
receive a subsequent request to move the new file from the second constituent to a third
constituent;
create a new file in the third constituent;
move contents of the new file in the second constituent to the new file in the third constituent
while maintaining access to the new file in the second constituent via the associated file handle and via access to the multipart file;
delete the new file from the second constituent.
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2. The non-transitory computer-readable storage medium of claim 1 further comprising
instructions that, when executed, cause the one or more processors to:
receive a subsequent request to move the new file from the second constituent to a third
constituent;
create a new file in the third constituent;
move contents of the new file in the second constituent to the new file in the third constituent
while maintaining access to the new file in the second constituent via the associated file handle and via access to the multipart file;
delete the new file from the second constituent.
Present Application
3. The non-transitory computer-readable storage medium of claim 1 wherein the
instructions that, when executed, cause the one or more processors to move contents of the target
file to a new file in the second constituent while maintaining access to the target file via the associated file handle via access to the multipart file further comprise instructions that, when
executed, cause the one or more processors to:
change location information in a buffer tree for the multipart file from indicating the target
file in the first constituent to indicating the new file in the second constituent;
update a buffer tree associated with the new file in the second constituent to store inode data
for the new file in the second constituent.
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3. The non-transitory computer-readable storage medium of claim 1 wherein the
instructions that, when executed, cause the one or more processors to move contents of the target
file to a new file in the second constituent while maintaining access to the target file via the associated file handle via access to the multipart file further comprise instructions that, when
executed, cause the one or more processors to:
change location information in a buffer tree for the multipart file from indicating the target
file in the first constituent to indicating the new file in the second constituent;
update a buffer tree associated with the new file in the second constituent to store inode data
for the new file in the second constituent.
Present Application
4. The non-transitory computer-readable storage medium of claim 1 wherein
determining whether conditions on the first node indicate a bottleneck condition comprises applying a points-based analysis based on queue latency.
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4. The non-transitory computer-readable storage medium of claim 1 wherein
determining whether conditions on the first node indicate a bottleneck condition comprises applying a points-based analysis based on queue latency.
Present Application
5. The non-transitory computer-readable storage medium of claim 4 wherein the points-
based analysis is a function of at least raw access count and access percentile.
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5. The non-transitory computer-readable storage medium of claim 4 wherein the points-
based analysis is a function of at least raw access count and access percentile.
Present Application
6. The non-transitory computer-readable storage medium of claim 5 wherein the raw
access count and the access percentile are maintained in a bloom filter.
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6. The non-transitory computer-readable storage medium of claim 5 wherein the raw
access count and the access percentile are maintained in a bloom filter.
Present Application
7. The non-transitory computer-readable storage medium of claim 1 wherein the instructions that, when executed, cause the one or more processors to create a new file in the second constituent further comprise instructions that, when executed, cause the one or more processors to: generate a private file in the second constituent; allocate space for a buffer tree for the private file in the second constituent; create a public file in the second constituent, wherein the public file comprises the new file in the second constituent; link the public file to the buffer tree for the private file; remove the link from the private file to the buffer tree; and delete the one or more files in the first constituent.
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7. The non-transitory computer-readable storage medium of claim 1 wherein the instructions that, when executed, cause the one or more processors to create a new file in the second constituent further comprise instructions that when executed, cause the one or more processors to: generate a private file in the second constituent; allocate space for a buffer tree for the private file in the second constituent;
create a public file in the second constituent, wherein the public file comprises the new file in the second constituent link the public file to the buffer tree for the private file; remove the link from the private file to the buffer tree.
Present Application
8. The non-transitory computer-readable storage medium of claim 1 wherein the new
file in the second constituent comprises a part inode file and the multipart file comprises at least a
link to a parts catalog having links to one or more part inode files that each comprise a portion of
user data previously stored in the multipart file.
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8. The non-transitory computer-readable storage medium of claim 1 wherein the new
file in the second constituent comprises a part inode file and the multipart file comprises at least a
link to a parts catalog having links to one or more part inode files that each comprise a portion of
user data previously stored in the multipart file.
Present Application
9. A system comprising:
a first data storage node having a first set of interface module(s), a first set of data
management module(s), and a first set of data storage devices;
a second data storage node coupled with the first data storage node, the second data storage
node having a second set of interface module(s), a second set of data management module(s), and a second set of data storage devices;
the first set of interface module(s) to receive a write request at a first data storage node
having a first set of interface module(s), a first set of data management module(s), and a first set of data storage devices, the write request indicating a target file to be written, to determine whether conditions on the first node indicate a bottleneck condition, to trigger a non-disruptive file move in response to determining conditions on the first node indicate the bottleneck condition, to convert the target file in a first constituent on the first node to a multipart file in the first constituent with a file location for the multipart file in the first constituent in response to the trigger, wherein the multipart file is created from the target file and utilizes a directory that indicates a plurality of nodes corresponding to the multipart file, to create a new file in a second constituent, and to move contents of the target file to a new file on the second constituent while maintaining access to the target file via an associated file handle via access to the multipart file.
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9. A system comprising:
a first data storage node having a first set of interface module(s), a first set of data
management module(s), and a first set of data storage devices;
a second data storage node coupled with the first data storage node, the second data storage
node having a second set of interface module(s), a second set of data management module(s), and a second set of data storage devices;
the first set of interface module(s) to receive a write request at a first data storage node
having a first set of interface module(s), a first set of data management module(s), and a first set of data storage devices, the write request indicating a target file to be written, to determine whether conditions on the first node indicate a bottleneck condition, to trigger a non-disruptive file move in response to determining conditions on the first node indicate the bottleneck condition, to convert the target file in a first constituent on the first node to a multipart file in the first constituent with a file location for the multipart file in the first constituent in response to the trigger, wherein the multipart file is created from the target file and utilizes a directory that indicates a plurality of nodes corresponding to the multipart file, to create a new file in a second constituent, and to move contents of the target file to a new file on the second constituent while maintaining access to the target file via an associated file handle via access to the multipart file and to delete the target file from the first constituent.
Present Application
10. The system of claim 9 wherein the second set of interface module(s) to receive a
subsequent request to move the new file from the second constituent to a third constituent, to cause a new file to be created in the third constituent, to move contents of the new file in the second constituent to the new file in the third constituent while maintaining access to the new file in the second constituent via the associated file handle and via access to the multipart file, and to delete the new file from the second constituent.
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10. The system of claim 9 wherein the second set of interface module(s) to receive a
subsequent request to move the new file from the second constituent to a third constituent, to cause a new file to be created in the third constituent, to move contents of the new file in the second constituent to the new file in the third constituent while maintaining access to the new file in the second constituent via the associated file handle and via access to the multipart file, and to delete the new file from the second constituent.
Present Application
11. The system of claim 9 moving contents of the target file to a new file in the second
constituent while maintaining access to the target file via the associated file handle via access to the multipart file further comprises:
changing location information in a buffer tree for the multipart file from indicating the target
file in the first constituent to indicating the new file in the second constituent;
updating a buffer tree associated with the new file in the second constituent to store inode
data for the new file in the second constituent.
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11. The system of claim 9 moving contents of the target file to a new file in the second
constituent while maintaining access to the target file via the associated file handle via access to the multipart file further comprises:
changing location information in a buffer tree for the multipart file from indicating the target
file in the first constituent to indicating the new file in the second constituent;
updating a buffer tree associated with the new file in the second constituent to store inode
data for the new file in the second constituent.
Present Application
12. The system of claim 9 wherein determining whether conditions on the second node
indicate a bottleneck condition comprises applying a points-based analysis based on queue latency.
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12. The system of claim 9 wherein determining whether conditions on the second node
indicate a bottleneck condition comprises applying a points-based analysis based on queue latency.
Present Application
13. The system of claim 12 wherein the points-based analysis is a function of at least raw
access count and access percentile.
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13. The system of claim 12 wherein the points-based analysis is a function of at least raw
access count and access percentile.
Present Application
14. The system of claim 13 wherein the raw access count and the access percentile are
maintained in a bloom filter.
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14. The system of claim 13 wherein the raw access count and the access percentile are
maintained in a bloom filter.
Present Application
15. The system of claim 9 wherein creating a new file in the second constituent further
comprises:
generating a private file in the second constituent;
allocating space for a buffer tree for the private file in the second constituent;
creating a public file in the second constituent, wherein the public file comprises the new file
in the second constituent;
linking the public file to the buffer tree for the private file;
removing the link from the private file to the buffer tree.
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15. The system of claim 9 wherein creating a new file in the second constituent further
comprises:
generating a private file in the second constituent;
allocating space for a buffer tree for the private file in the second constituent;
creating a public file in the second constituent, wherein the public file comprises the new file
in the second constituent;
linking the public file to the buffer tree for the private file;
removing the link from the private file to the buffer tree.
Present Application
16. The system of claim 9 wherein the new file in the second constituent comprises a part
inode file and the multipart file comprises at least a link to a parts catalog having links to one or
more part inode files that each comprise a portion of user data previously stored in the multipart file.
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16. The system of claim 9 wherein the new file in the second constituent comprises a part
inode file and the multipart file comprises at least a link to a parts catalog having links to one or
more part inode files that each comprise a portion of user data previously stored in the multipart file.
Present Application
17. A method comprising:
receiving a write request at a first data storage node having a first set of interface module(s),
a first set of data management module(s), and a first set of data storage devices, the write request
indicating a target file to be written;
determining whether conditions on the first node indicate a bottleneck condition;
triggering a non-disruptive file move in response to determining conditions on the first node
indicate the bottleneck condition;
converting the target file in a first constituent on the first node to a multipart file in the first
constituent with a file location for the multipart file in the first constituent in response to the trigger,
wherein the multipart file is created from the target file and utilizes a directory that indicates a
plurality of nodes corresponding to the multipart file;
creating a new file in a second constituent; and
moving contents of the target file to a new file on the second constituent while maintaining
access to the target file via an associated file handle via access to the multipart file.
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17. A method comprising:
receiving a write request at a first data storage node having a first set of interface module(s),
a first set of data management module(s), and a first set of data storage devices, the write request
indicating a target file to be written;
determining whether conditions on the first node indicate a bottleneck condition;
triggering a non-disruptive file move in response to determining conditions on the first node
indicate the bottleneck condition;
converting the target file in a first constituent on the first node to a multipart file in the first
constituent with a file location for the multipart file in the first constituent in response to the trigger,
wherein the multipart file is created from the target file and utilizes a directory that indicates a
plurality of nodes corresponding to the multipart file;
creating a new file in a second constituent; and
moving contents of the target file to a new file on the second constituent while maintaining
access to the target file via an associated file handle via access to the multipart file; and deleting the target file from the first constituent.
Present Application
18. The method of claim 17 further comprising:
receiving a subsequent request to move the new file from the second constituent to a third
constituent;
creating a new file in the third constituent;
moving contents of the new file in the second constituent to the new file in the third
constituent while maintaining access to the new file in the second constituent via the associated file handle and via access to the multipart file;
deleting the new file from the second constituent.
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18. The method of claim 17 further comprising:
receiving a subsequent request to move the new file from the second constituent to a third
constituent;
creating a new file in the third constituent;
moving contents of the new file in the second constituent to the new file in the third
constituent while maintaining access to the new file in the second constituent via the associated file handle and via access to the multipart file;
deleting the new file from the second constituent.
Present Application
19. The method of claim 17 wherein moving contents of the target file to a new file in the
second constituent while maintaining access to the target file via the associated file handle via
access to the multipart file further comprises: changing location information in a buffer tree for the multipart file from indicating the target file in the first constituent to indicating the new file in the second constituent;
updating a buffer tree associated with the new file in the second constituent to store inode
data for the new file in the second constituent.
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19. The method of claim 17 wherein moving contents of the target file to a new file in the
second constituent while maintaining access to the target file via the associated file handle via
access to the multipart file further comprises: changing location information in a buffer tree for the multipart file from indicating the target file in the first constituent to indicating the new file in the second constituent;
updating a buffer tree associated with the new file in the second constituent to store inode
data for the new file in the second constituent.
Present Application
20. The method of claim 17 wherein determining whether conditions on the first node
indicate a bottleneck condition comprises applying a points-based analysis based on queue latency.
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20. The method of claim 17 wherein determining whether conditions on the first node
indicate a bottleneck condition comprises applying a points-based analysis based on queue latency.
Present Application
21. The method of claim 20 wherein the points-based analysis is a function of at least
raw access count and access percentile.
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21. The method of claim 20 wherein the points-based analysis is a function of at least
raw access count and access percentile.
Present Application
22. The method of claim 21 wherein the raw access count and the access percentile are
maintained in a bloom filter.
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22. The method of claim 21 wherein the raw access count and the access percentile are
maintained in a bloom filter.
Present Application
23. The method of claim 17 wherein creating a new file in the second constituent further
comprises:
generating a private file in the second constituent;
allocating space for a buffer tree for the private file in the second constituent;
creating a public file in the second constituent, wherein the public file comprises the new file
in the second constituent;
linking the public file to the buffer tree for the private file;
removing the link from the private file to the buffer tree.
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23. The method of claim 17 wherein creating a new file in the second constituent further
comprises:
generating a private file in the second constituent;
allocating space for a buffer tree for the private file in the second constituent;
creating a public file in the second constituent, wherein the public file comprises the new file
in the second constituent;
linking the public file to the buffer tree for the private file;
removing the link from the private file to the buffer tree.
Present Application
24. The method of claim 17 wherein the new file in the second constituent comprises a part inode file and the multipart file comprises at least a link to a parts catalog having links to one or more part inode files that each comprise a portion of user data previously stored in the multipart file.
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24. The method of claim 17 wherein the new file in the second constituent comprises a part inode file and the multipart file comprises at least a link to a parts catalog having links to one or more part inode files that each comprise a portion of user data previously stored in the multipart file.
Potential Allowable Subject Matter
Claims 1-24 are potentially allowable depending on further search and consideration.
The prior art does not teach, disclose or fairly suggest the elements of independent claims 1, 9 and 17. Specifically, the prior art does not disclose “move contents of the one or more files in the first constituent to the one or more corresponding new files on the second constituent while maintaining access to contents of the one or more files in the first constituent via an associated file handle via access to the multipart file.” On the other hand, Jernigan discloses:
Jernigan (US 12,298,942) column 1 lines 43-53, A non-disruptive file move is triggered in response to determining conditions on the first node indicate the bottleneck condition. The target file in the first constituent is converted to a multipart file in the first constituent with a file location for the new file in the first constituent in response to the trigger. A new file is created in the second constituent. Contents of the target file are moved to a new file on the second constituent while maintaining access to the target file via the associated file handle via access to the multipart file. The target file is deleted from the first constituent.
However, Jernigan (US 12,298,942) application 18/488,755 filed October 17. 2023 is a parent application of the present claimed invention. Jernigan (US 12,298,942) is not prior art.
Dependent claims 2-8, 10-16 and 18-24 being definite further limiting and fully enabled by the specification are being considered for allowance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to the present application:
Wong US 2021/0049044 [0003] It is also possible that data should be redistributed due to performance bottlenecks. In all these cases, a load balancer module of the cluster needs to select a subset of files from the congested node to migrate to another node. In a cluster-based storage system where each cluster contains a number of nodes and heavy data loads, proper operation involves frequent, if not constant movement of files among the nodes to maintain efficiency.
Sivertsen US 9,886,697 in the title discloses Systems and Methods For Distributing Segmented Media Content To Signage Devices In Private Networks.
Rathnakara claim 1. A non-transitory computer readable medium having stored thereon instructions to perform background rectification for setting file attributes, the instructions, when executed, cause one or more processors to: receive a request to set one or more attributes for one or more parts of a multipart file, wherein the multipart file was created from an original file and utilizes a redirection layer that includes a directory that indicates a plurality of nodes corresponding to the original file;
Examiner Note: Above disclosure shares a common assignee, i.e., NetApp.
Rathi (US 8,650,168) column 11 lines 25-30, In either case, the file system triggers an activity to move the file to the desired QoS while maintaining access to the file and all other files in the file system.
Vahalia (US 7,739,379) col 16 lines 43-46, The exclusive ownership of the files by the data movers does not present a substantial bottleneck to file access because load balancing can be performed dynamically before a serious bottleneck occurs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ETIENNE PIERRE LEROUX whose telephone number is (571)272-4022. The examiner can normally be reached M-F 8:00 am to 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Apu Mofiz can be reached at 571 272 4080. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ETIENNE P LEROUX/Primary Examiner of Art Unit 2161