DETAILED ACTION
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 .
Status of Claims
In response to communications filed on 11 May 2026, claims 1-20 are presently pending in the application, of which, claims 1, 10, and 20 are presented in independent form. The Examiner acknowledges amended claims 1, 10 and 20. No claims were cancelled.
Priority
The Examiner acknowledges the instant application is a continuation of U.S. 17/590,378 (now issued as U.S. Patent 12,300,109), filed 01 February 2022 and has been accorded the earliest effective file date.
Response to Remarks/Arguments
All objections and/or rejections issued in the previous Office Action, mailed 11 February 2026, have been withdrawn, unless otherwise noted in this Office Action.
The Examiner acknowledges the nonstatutory double patenting rejection of claims 1-20 will be held in abeyance until allowable subject matter has been identified. For the purposes of prosecution, a copy of the nonstatutory double patenting will remain in subsequent office actions.
Applicant’s arguments, see page 10, filed supra, with respect to the rejection(s) of claims 1-20 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Yucel, Sakir, et al (U.S. 2013/0238554 and known hereinafter as Yucel).
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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,380,128 (known hereinafter as ‘128). Although the claims at issue are not identical, they are not patentably distinct from each other because all the claims in ‘128 are directed to a specific embodiment of the limitations in the instant claims and therefore the claims in ‘128 would anticipate the broader claims of the instant application.
Instant 19/199,508
U.S. 12,380,128
Claim 1:
A system for data synchronization and replication in distributed networks, the system comprising:
Claim 1:
A system for data synchronization and replication in distributed networks, the system comprising:
a processing device;
at least one non-transitory storage device;
a non-transitory storage device containing instructions when executed by the processing device, causes the processing device to perform the following operations:
at least one processor coupled to the at least one non-transitory storage device, wherein the at least one processor is configured to:
monitor performance of one or more operations executed on a source computing cluster by one or more computing devices forming the source computing cluster, wherein the one or more operations are associated with one or more applications including at least a first application whose operations are executed on the source computing cluster and a second application linked to performance of the first application on the source computing cluster;
monitor performance of one or more operations executed on a source computing cluster by one or more computing devices forming the source computing cluster, wherein the one or more operations are associated with one or more applications including at least a first application whose operations are executed on the source computing cluster and a second application linked to performance of the first application on the source computing cluster;
replicate one or more data entries associated with the one or more operations on a data recovery computing cluster communicably coupled with the source computing cluster;
replicate one or more data entries associated with the one or more operations on a data recovery computing cluster communicably coupled with the source computing cluster;
determine an outage condition associated with the source computing cluster;
determine an outage condition associated with the source computing cluster;
determine at least a first operation of the first application, the execution of which is pending on the source computing cluster, wherein the first operation comprises one or more first execution characteristics defining instructions for performance of the first operation of the first application;
determine at least a first operation of the first application the execution of which is pending on the source computing cluster, wherein the first operation comprises one or more first execution characteristics defining instructions for performance of the first operation of the first application;
execute the first operation on the data recovery computing cluster; and
execute the first operation on the data recovery computing cluster based on the one or more first execution characteristics; and
modify one or more connections associated with the second application based on the execution of the first operation on the data recover computing cluster.
modify one or more connections associated with the second application based on the execution of the first operation on the data recover computing cluster.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable by Chipman, Ryan, et al (U.S. 2023/0393958 and known hereinafter as Chipman) in view of Yucel, Sakir, et al (U.S. 2013/0238554 and known hereinafter as Yucel)(newly presented).
As per claim 1, Chipman teaches a system for data synchronization and replication in distributed networks, the system comprising:
at least one non-transitory storage device (e.g. Chipman, see Figure 2, which discloses a processor coupled to memory and non-volatile storage.); and
at least one processor coupled to the at least one non-transitory storage device (e.g. Chipman, see Figure 2, which discloses a processor coupled to memory and non-volatile storage.), wherein the at least one processor is configured to:
monitor performance of one or more operations on a source computing cluster by one or more computing devices forming the source computing cluster (e.g. Chipman, see paragraphs [0050-0052], which discloses independently monitoring a change of data on the source cluster and translating the change of data to one or more database operations to be performed on the destination cluster.), wherein the one or more operations are associated with one or more applications (e.g. Chipman, see paragraphs [0050-0052], which discloses one or more database operations to be performed on the destination cluster, where application quiesces writes on source clusters, as described in paragraph [0043], indicating one or more application.) including at least a first application whose operations are executed on the source computing cluster and a second application linked to performance of the first application on the source computing cluster (e.g. Chipman, see paragraph [0041], which discloses in another scenario, cluster to cluster synchronization between the source cluster and the destination cluster may be needed to synchronize any new changes to the data on the source cluster to the destination cluster on a continuous basis. See further paragraph [0042], which discloses the parallel replication for different subsets of data in the source cluster may improve the performance of data synchronization by expediting the replication of data from the source to the destination.);
replicate one or more data entries associated with the one or more operations on a data recovery computing cluster communicably coupled with the source computing cluster (e.g. Chipman, see paragraphs [0050-0052], which discloses in performing the replication operation, where the change of data may contain a respective change stream associated with each replicator. See further paragraphs [0063-0071], which discloses a plurality of replicators, and where synchronization occurs between the source cluster and destination cluster.);
determine an outage condition associated with the source computing cluster (e.g. Chipman, see paragraphs [0085, 0137, 0141], which discloses monitoring whether the primary node is unavailable based on predetermined conditions.);
determine at least a first operation of the first application, the execution of which is pending on the source computing cluster (e.g. Chipman, see paragraphs [0075-0077], which discloses executing one or more database operations, based on the source cluster.), wherein the first operation comprises one or more first execution characteristics defining instructions for performance of the first operation of the first application (e.g. Chipman, see paragraphs [0075-0078], which discloses executing database operations for storing, retrieving, managing, removing and/or updating data, where the performance of the communication can improve synchronization between the source cluster and the destination cluster.);
execute the first operation on the data recovery computing cluster (e.g. Chipman, see paragraphs [0039-0041], which discloses initiating replication for cluster to cluster synchronization for disaster recovery, where if the source cluster breaks down, the data can be recovered from the destination cluster.).
Chipman does not explicitly disclose modify one or more connections associated with the second application to redirect communications from the source computing cluster to the data recovery computing cluster based on the execution of the first operation on the data recovery computing cluster.
Yucel teaches modify one or more connections associated with the second application to redirect communications from the source computing cluster to the data recovery computing cluster based on the execution of the first operation on the data recovery computing cluster (e.g. Yucel, see paragraphs [0060-0066], which discloses a cluster configuration to restore a cluster node, where the cluster configuration may be restored using cluster backup from a healthy node, where synchronization of the failed node in the cluster network is removed and/or redirected using a data replication service processing. The data replication services may remove the root volume of the restored node and then restart and restore the node into the cluster node environment.).
Chipman is directed to synchorizing between source database cluster and destination cluster. Yucel is directed to cluster configuration backup and recovery. Both are analogous art because they are directed to data recovery and synchronization and therefore it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to modify the teachings of Chipman with the teachings of Yucel to include the claimed features with the motivation to improve data recovery.
As per claim 10, Chipman teaches a computer program product for data synchronization and replication in distributed networks, the computer program product comprising a non-transitory computer-readable medium comprising code that, when executed, causes an apparatus to:
monitor performance of one or more operations on a source computing cluster by one or more computing devices forming the source computing cluster (e.g. Chipman, see paragraphs [0050-0052], which discloses independently monitoring a change of data on the source cluster and translating the change of data to one or more database operations to be performed on the destination cluster.), wherein the one or more operations are associated with one or more applications (e.g. Chipman, see paragraphs [0050-0052], which discloses one or more database operations to be performed on the destination cluster, where application quiesces writes on source clusters, as described in paragraph [0043], indicating one or more application.) including at least a first application whose operations are executed on the source computing cluster and a second application linked to performance of the first application on the source computing cluster (e.g. Chipman, see paragraph [0041], which discloses in another scenario, cluster to cluster synchronization between the source cluster and the destination cluster may be needed to synchronize any new changes to the data on the source cluster to the destination cluster on a continuous basis. See further paragraph [0042], which discloses the parallel replication for different subsets of data in the source cluster may improve the performance of data synchronization by expediting the replication of data from the source to the destination.);
replicate one or more data entries associated with the one or more operations on a data recovery computing cluster communicably coupled with the source computing cluster (e.g. Chipman, see paragraphs [0050-0052], which discloses in performing the replication operation, where the change of data may contain a respective change stream associated with each replicator. See further paragraphs [0063-0071], which discloses a plurality of replicators, and where synchronization occurs between the source cluster and destination cluster.);
determine an outage condition associated with the source computing cluster (e.g. Chipman, see paragraphs [0085, 0137, 0141], which discloses monitoring whether the primary node is unavailable based on predetermined conditions.);
determine at least a first operation of the first application, the execution of which is pending on the source computing cluster (e.g. Chipman, see paragraphs [0075-0077], which discloses executing one or more database operations, based on the source cluster.), wherein the first operation comprises one or more first execution characteristics defining instructions for performance of the first operation of the first application (e.g. Chipman, see paragraphs [0075-0078], which discloses executing database operations for storing, retrieving, managing, removing and/or updating data, where the performance of the communication can improve synchronization between the source cluster and the destination cluster.);
execute the first operation on the data recovery computing cluster (e.g. Chipman, see paragraphs [0039-0041], which discloses initiating replication for cluster to cluster synchronization for disaster recovery, where if the source cluster breaks down, the data can be recovered from the destination cluster.).
Chipman does not explicitly disclose modify one or more connections associated with the second application to redirect communications from the source computing cluster to the data recovery computing cluster based on the execution of the first operation on the data recovery computing cluster.
Yucel teaches modify one or more connections associated with the second application to redirect communications from the source computing cluster to the data recovery computing cluster based on the execution of the first operation on the data recovery computing cluster (e.g. Yucel, see paragraphs [0060-0066], which discloses a cluster configuration to restore a cluster node, where the cluster configuration may be restored using cluster backup from a healthy node, where synchronization of the failed node in the cluster network is removed and/or redirected using a data replication service processing. The data replication services may remove the root volume of the restored node and then restart and restore the node into the cluster node environment.).
Chipman is directed to synchorizing between source database cluster and destination cluster. Yucel is directed to cluster configuration backup and recovery. Both are analogous art because they are directed to data recovery and synchronization and therefore it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to modify the teachings of Chipman with the teachings of Yucel to include the claimed features with the motivation to improve data recovery.
As per claim 16, Chipman teaches a method for data synchronization and replication in distributed networks, the method comprising:
monitor performance of one or more operations on a source computing cluster by one or more computing devices forming the source computing cluster (e.g. Chipman, see paragraphs [0050-0052], which discloses independently monitoring a change of data on the source cluster and translating the change of data to one or more database operations to be performed on the destination cluster.), wherein the one or more operations are associated with one or more applications (e.g. Chipman, see paragraphs [0050-0052], which discloses one or more database operations to be performed on the destination cluster, where application quiesces writes on source clusters, as described in paragraph [0043], indicating one or more application.) including at least a first application whose operations are executed on the source computing cluster and a second application linked to performance of the first application on the source computing cluster (e.g. Chipman, see paragraph [0041], which discloses in another scenario, cluster to cluster synchronization between the source cluster and the destination cluster may be needed to synchronize any new changes to the data on the source cluster to the destination cluster on a continuous basis. See further paragraph [0042], which discloses the parallel replication for different subsets of data in the source cluster may improve the performance of data synchronization by expediting the replication of data from the source to the destination.);
replicate one or more data entries associated with the one or more operations on a data recovery computing cluster communicably coupled with the source computing cluster (e.g. Chipman, see paragraphs [0050-0052], which discloses in performing the replication operation, where the change of data may contain a respective change stream associated with each replicator. See further paragraphs [0063-0071], which discloses a plurality of replicators, and where synchronization occurs between the source cluster and destination cluster.);
determine an outage condition associated with the source computing cluster (e.g. Chipman, see paragraphs [0085, 0137, 0141], which discloses monitoring whether the primary node is unavailable based on predetermined conditions.);
determine at least a first operation of the first application, the execution of which is pending on the source computing cluster (e.g. Chipman, see paragraphs [0075-0077], which discloses executing one or more database operations, based on the source cluster.), wherein the first operation comprises one or more first execution characteristics defining instructions for performance of the first operation of the first application (e.g. Chipman, see paragraphs [0075-0078], which discloses executing database operations for storing, retrieving, managing, removing and/or updating data, where the performance of the communication can improve synchronization between the source cluster and the destination cluster.);
execute the first operation on the data recovery computing cluster (e.g. Chipman, see paragraphs [0039-0041], which discloses initiating replication for cluster to cluster synchronization for disaster recovery, where if the source cluster breaks down, the data can be recovered from the destination cluster.).
Chipman does not explicitly disclose modify one or more connections associated with the second application to redirect communications from the source computing cluster to the data recovery computing cluster based on the execution of the first operation on the data recovery computing cluster.
Yucel teaches modify one or more connections associated with the second application to redirect communications from the source computing cluster to the data recovery computing cluster based on the execution of the first operation on the data recovery computing cluster (e.g. Yucel, see paragraphs [0060-0066], which discloses a cluster configuration to restore a cluster node, where the cluster configuration may be restored using cluster backup from a healthy node, where synchronization of the failed node in the cluster network is removed and/or redirected using a data replication service processing. The data replication services may remove the root volume of the restored node and then restart and restore the node into the cluster node environment.).
Chipman is directed to synchorizing between source database cluster and destination cluster. Yucel is directed to cluster configuration backup and recovery. Both are analogous art because they are directed to data recovery and synchronization and therefore it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to modify the teachings of Chipman with the teachings of Yucel to include the claimed features with the motivation to improve data recovery.
As per claim 2, 11, and 17, the modified teachings of Chipman and Yucel teaches the system of Claim 1, the computer program product of claim 10, and the method of claim 16, respectively, wherein executing of the first operation on the data recovery computing cluster is based on one or more first execution characteristics (e.g. Chipman, see paragraphs [0050-0052], which discloses in performing the replication operation, where the change of data may contain a respective change stream associated with each replicator. See further paragraphs [0063-0071], which discloses a plurality of replicators, and where synchronization occurs between the source cluster and destination cluster.).
As per claims 3, 12, and 18, the modified teachings of Chipman and Yucel teaches the system of Claim 1, the computer program product of claim 10, and the method of claim 16, respectively, wherein, in executing the first operation on the data recovery computing cluster, the processor is further configured to terminate execution of the first operation on the source computing cluster (e.g. Chipman, see paragraphs [0075-0078], which discloses executing database operations for storing, retrieving, managing, removing and/or updating data, where the performance of the communication can improve synchronization between the source cluster and the destination cluster.).
As per claim 4, the modified teachings of Chipman and Yucel teaches the system of Claim 1, wherein the processor is further configured to generate a user notification comprising the outage condition (e.g. Chipman, see paragraphs [0085, 0137, 0141], which discloses monitoring whether the primary node is unavailable based on predetermined conditions.).
As per claim 5, the modified teachings of Chipman and Yucel teaches the system of Claim 1, wherein the outage condition is indicative of an operational failure of one or more computing components forming the source computing cluster (e.g. Chipman, see paragraphs [0085, 0137, 0141], which discloses monitoring whether the primary node is unavailable based on predetermined conditions.).
As per claim 6, the modified teachings of Chipman and Yucel teaches the system of Claim 1, wherein the outage condition is indicative of a scheduled service operation associated with the source computing cluster (e.g. Chipman, see paragraphs [0050-0052], which discloses in performing the replication operation, where the change of data may contain a respective change stream associated with each replicator. See further paragraphs [0063-0071], which discloses a plurality of replicators, and where synchronization occurs between the source cluster and destination cluster.).
As per claims 7, 13, and 19, the modified teachings of Chipman and Yucel teaches the system of Claim 1, the computer program product of claim 10, and the method of claim 16, respectively, wherein the second application is an upstream application of the first application that is configured to supply data to the first application, the processor further configured to:
redirect one or more connections between the second application and the source computing cluster to the data recovery computing cluster such that inputs from the second application are directed to the data recovery computing cluster (e.g. Chipman, see paragraphs [0039-0041], which discloses initiating replication for cluster to cluster synchronization for disaster recovery, where if the source cluster breaks down, the data can be recovered from the destination cluster.).
As per claims 8, 14, and 20, the modified teachings of Chipman and Yucel teaches the system of Claim 6, the computer program product of claim 10, and the method of claim 16, respectively, wherein the second application is a downstream application of the first application that is configured to receive data from the first application, the processor further configured to:
redirect one or more connections between the source computing cluster and the second application to the data recovery computing cluster such that outputs from the data recovery computing cluster are directed to the second application (e.g. Chipman, see paragraphs [0039-0041], which discloses initiating replication for cluster to cluster synchronization for disaster recovery, where if the source cluster breaks down, the data can be recovered from the destination cluster.).
As per claims 9 and 15, the modified teachings of Chipman and Yucel teaches the system of Claim 1 and the computer program product of claim 10, respectively, wherein the one or more first execution characteristics further comprise one or more data entries indicative of a priority associated with the first operation, the processor further configured to:
determine an execution order queue for the data recovery computing cluster (e.g. Chipman, see paragraphs [0040-0043], which discloses applying all operations from the source based on order to bring a consistent copy of the data to the destination.); and
execute the first operation on the data recovery computing cluster based on the priority of the first operation (e.g. Chipman, see paragraphs [0039-0041], which discloses initiating replication for cluster to cluster synchronization for disaster recovery, where if the source cluster breaks down, the data can be recovered from the destination cluster.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See attached PTO-892 that includes additional prior art of record describing the general state of the art in which the invention is directed to.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARHAN M SYED whose telephone number is (571)272-7191. The examiner can normally be reached M-F 8:30AM-5:30PM.
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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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/FARHAN M SYED/Primary Examiner, Art Unit 2161 July 8, 2026
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