DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. The Action is responsive to Applicant’s amendment, filed on May 26, 2026.
3. It is acknowledged that as a result of the amendment, claim 1 has been amended. Claims 2-3 have been added.
4. Claims 1-3 are pending.
Response to Arguments
5. Applicant’s arguments with respect to claims 1-3 have been considered but are moot in view of the new grounds of rejection necessitated by Applicant’s amendment of the claims.
Double Patenting
6. 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. See 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); 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) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 11,573,934 and 1-20 of 11,907178.
Although the claims at issue are not identical, they are not patentably distinct from each other because 1-3 of the instant application substantially recite the limitations of claims 1-20 of the cited US 11,573,934 for a System and Method of Presenting a Hybrid Cloud Cache as a File System and 1-20 of 11,907178, and of Claims 1-3 of US 12,298.945.
The claim merely omits certain bolded limitations as shown in comparison table below, and replace them with more specific limitations.
Claim 1 (instant application)
Claim 1 (US 11,573,934)
1. A non-transitory data storage element including a set of computer-executable instructions, which when executed by
an electronic processor or processors,
cause the processor or processors to perform operations comprising:
implementing one or more command line interfaces presented through a local interactive shell, wherein each of the command line interfaces corresponds to an operation executable on a remote hybrid cloud cache or on an object in the hybrid cloud cache; presenting a set of objects in the local interactive shell;
receiving a selection of an object from the set of objects;
receiving an input of a command line interface to the interactive shell;
and remotely executing the operation corresponding to the input command line interface on the selected object
at the hybrid cloud cache; wherein the set of computer-executable instructions further comprise computer-executable instructions that cause the processor or processors to present cloud objects cached in the hybrid cloud cache on the display as part of an interactive shell file system.
1. A system, comprising: a non-transitory data storage element; a set of computer-executable instructions stored in the data storage element; and an electronic processor or processors,
wherein when the processor or processors execute the set of instructions, the set of instructions cause the processor or processors to perform operations comprising:
implementing one or more command line interfaces accessible to a user by an interactive shell, wherein each of the command line interfaces corresponds to an operation that the user is able to perform on a hybrid cloud cache or on an object in the hybrid cloud cache; presenting a set of objects to the user using the interactive shell;
receiving a selection from the user of an object from the set of objects;
receiving from the user an input of a command line interface to the interactive shell;
and executing the operation corresponding to the input command line interface on the selected object.
Table 1
Therefore, it would have been obvious to one of ordinary skill in the art of data processing at the time the invention was made to modify the invention as claimed in the instance application by substituting remote or locally, and wherein the set of computer-executable instructions further comprise computer-executable instructions that cause the processor or processors to present cloud objects cached in the hybrid cloud cache on the display as part of an interactive shell file system, with wherein when the processor or processors execute the set of instructions, the set of instructions cause the processor or processors to perform operations, since an omission and addition of a cited limitation would have not changed the process according to which the method and system as claimed.
Therefore, the use of executing an interactive shell at a computing device remote and locally from a server computer engaging a hybrid cloud cache would not interfere with the functionality of the steps previously claimed and would perform the same function.
Claim 1 (instant application)
Claim 1 (US 11,907,178)
1. A non-transitory data storage element including a set of computer-executable instructions,
which when executed by an electronic processor or processors, cause the processor or processors to perform operations comprising:
implementing one or more command line interfaces presented through a local interactive shell,
wherein each of the command line interfaces corresponds to an operation executable on a remote hybrid cloud cache or on an object in the hybrid cloud cache;
presenting a set of objects in the local interactive shell;
receiving a selection of an object from the set of objects;
receiving an input of a command line interface to the interactive shell;
and remotely executing the operation corresponding to the input command line interface on the selected object at the hybrid cloud cache;
wherein the set of computer-executable instructions further comprise computer-executable instructions that cause the processor or processors to present cloud objects cached in the hybrid cloud cache on the display as part of an interactive shell file system.
1. A computing device, comprising: an electronic processor or processors configured to execute an interactive shell at the computing device,
the interactive shell in communication with a remote hybrid cloud cache;
a non-transitory data storage element; a set of computer-executable instructions stored in the data storage element;
and a display coupled to the electronic processor or processors and configured to display the interactive shell;
wherein when the processor or processors execute the set of computer-executable instructions cause the processor or processors to perform operations comprising:
implementing one or more command line interfaces presented through the interactive shell,
wherein each of the command line interfaces corresponds to an operation executable on the hybrid cloud cache or on an object in the hybrid cloud cache;
presenting a set of objects in the interactive shell;
receiving a selection of an object from the set of objects;
receiving an input of a command line interface to the interactive shell;
and executing the operation corresponding to the input command line interface on the selected object at the hybrid cloud cache.
Table 1
Therefore, it would have been obvious to one of ordinary skill in the art of data processing at the time the invention was made to modify the invention as claimed in the instance application by substituting remote or locally, and wherein the set of computer-executable instructions further comprise computer-executable instructions that cause the processor or processors to present cloud objects cached in the hybrid cloud cache on the display as part of an interactive shell file system, with wherein when the processor or processors execute the set of instructions, the set of instructions cause the processor or processors to perform operations, since an omission and addition of a cited limitation would have not changed the process according to which the method and system as claimed.
Therefore, the use of executing an interactive shell at a computing device remote from a server computer engaging a hybrid cloud cache would not interfere with the functionality of the steps previously claimed and would perform the same function.
Claim 1 (instant application)
Claim 1 (US 12,298,945)
1. A non-transitory data storage element including a set of computer-executable instructions,
which when executed by an electronic processor or processors, cause the processor or processors to perform operations comprising:
implementing one or more command line interfaces presented through a local interactive shell,
wherein each of the command line interfaces corresponds to an operation executable on a remote hybrid cloud cache or on an object in the hybrid cloud cache;
presenting a set of objects in the local interactive shell;
receiving a selection of an object from the set of objects;
receiving an input of a command line interface to the interactive shell;
and remotely executing the operation corresponding to the input command line interface on the selected object at the hybrid cloud cache;
wherein the set of computer-executable instructions further comprise computer-executable instructions that cause the processor or processors to present cloud objects cached in the hybrid cloud cache on the display as part of an interactive shell file system.
1. A non-transitory data storage element including a set of computer-executable instructions, which when executed by an electronic processor or processors, cause the processor or processors to perform operations comprising:
implementing one or more command line interfaces presented through a local interactive shell,
wherein each of the command line interfaces corresponds to an operation executable on a remote hybrid cloud cache or on an object in the hybrid cloud cache;
presenting a set of objects in the local interactive shell;
locally receiving a selection of an object from the set of objects;
locally receiving an input of a command line interface to the interactive shell;
and remotely executing the operation corresponding to the input command line interface on the selected object at the hybrid cloud cache;
wherein the set of computer-executable instructions further comprise computer-executable instructions that cause the processor or processors to present cloud objects cached in the hybrid cloud cache on the display as part of an interactive shell file system.
Table 1
Therefore, it would have been obvious to one of ordinary skill in the art of data processing at the time the invention was made to modify the invention as claimed in the instance application by deleting locally, since an omission and addition of a cited limitation would have not changed the process according to which the method and system as claimed. Therefore, the use of executing an interactive shell at a computing device remote from a server computer engaging a hybrid cloud cache would not interfere with the functionality of the steps previously claimed and would perform the same function.
Allowable Subject Matter
7. Claims 1-3 would be allowable if rewritten or amended to overcome the double patenting rejection set forth in this Office action.
The following is an examiner’s statement of reasons for allowance: The present invention relates to System and Method of Presenting a Hybrid Cloud Cache as A File System. The closest prior art Convertino; Gregorio (US-20200097847-A1) relates to HYPERPARAMETER TUNING USING VISUAL ANALYTICS IN A DATA SCIENCE PLATFORM, uses an interactive shell to run jobs in the cluster with local cache and associative caches and servers to store the instructions. Cmielowski; Lukasz G. (US-20190317849-A1), relates to AUTOMATIC CORRECTING OF COMPUTING CLUSTER EXECUTION FAILURE, provides an interactive shell runs to correct failure.
Patimer; David (US-11444925-B1), relates to Distributed Cloud Computing Platform and Content Delivery Network, using a UNIX shell or interactive shell to tie a framework and to provide an offloaded computation to store data. However, neither Convertino, nor Cmielowski and Patimer specifically disclose the computing device remote from a server computer engaging a hybrid cloud cache by implementing one or more command line interfaces accessible by the interactive shell and the command lines being displayed or presented at the interactive shell, while receiving selection and executing operations remotely or locally. The command line interfaces corresponding to an operation that is operable on a hybrid cloud cache or on an object in the hybrid cloud cache, presented, displayed, and executed.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Malhotra; Ritik (US 2010/0049770) relates to a first cache to store read data items, in which the first cache observes a first set of eviction rules. A second cache is allocated (8B30) to store modified instances of the read data items that is modified by operation of at least one aspect of the virtual file system, in which the second cache observes a second set of eviction rules that comprise waiting to evict until after a commit confirmation. A third cache is allocated to store a set of offline data available on the user device when the user device is disconnected from the network.
JAI; BEN-CHIAO (US-20170208052-A1), relates to the device has a hybrid cloud file system element for defining hybrid cloud storage volumes (450) corresponding to authorized cloud storage volumes. The system element defines a cache storage (470) corresponding to the storage volumes, allocates a storage capacity in a non-transitory storage medium for a cache storage, receives a data unpinning request for data stored in the cache storage, searches an available space defined as spaces storing unpinned data in the cache storage and writes other data to be stored into the available space based upon receiving other data.
Panghal; Vijay (US-10445296-B1), relates to a method enables allowing the clients to realize performance benefits of a local object store while being able to access a geographically diverse distributed file system. The method enables storing the data objects in the transient object store to improve distributed file system's performance to allow the site cache to rapidly service read and/or write requests from the client over a high bandwidth, low latency communication.
9. 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.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELICA RUIZ whose telephone number is (571)270-3158. The examiner can normally be reached M-F 10:00 am to 6:00 pm.
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, Boris Gorney can be reached at (571) 270-5626. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANGELICA RUIZ/Primary Examiner, Art Unit 2154 October 10, 2026
