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 .
DETAILED ACTION
This responds to Applicant’s Arguments/Remarks filed 07/02/2026. Claims 2, 6, 9-10, 16 and 19 have been amended. Claim 1 had been cancelled. Claims 2-21 are now pending in this Application.
Double Patenting
Applicant’s amendment has been considered. However, the added limitation does not render the claims patentably distinct from the claims of the reference patent/application. The claims continue to encompass subject matter that is not patentably distinct from the subject matter claimed in the reference patent. Therefore, the non-statutory double patenting rejection is maintained.
Claim Rejections - 35 USC § 101
Claims 2-21 have been amended. However, the amendment does not make the claims overcome with the 35 USC § 101 rejection. Therefore, the examiner respectfully maintained the rejection.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 2-21 rejected under 35 U.S.C. 101 because
Claim 1 appears to be directed to an abstract idea without reciting additional limitations that tie it to a practical application or without reciting additional limitations that amount to significantly more than the abstract idea. One can mentally generate graph with nodes for spaces in a building as well as assets that are contained within those spaces. Then one can also mentally associate and classify senor readings and generate relationships between spaces, assets and sensors. The additional limitations are receiving data. These additional limitations are mere data gathering which are insignificant extra solution activities under step 2A prong II and well understood routine and conventional under step 2B (For Berkhiemer See MPEP 2106.05(d)(II) Versata.)
Step 2A, Prong One:
Independent claims 1, 9, and 17 are directed Configuration Aware Micro Database Caches
Receiving request for data that is stored in a database system;
Determining, that the data is not stored in the first cache memory associated with the first computer node, in response to determining that the data is not stored in the first cache memory, determining that the data is stored in a second cache memory; retrieving, the data from the second cache memory of the second computer node;
[0030] FIG. 3 illustrates a process 300 for using dispersed cached data stored in different application servers to service a request for data according to various embodiments of the disclosure. The process 300 may be performed by an application server (e.g., the application server 110 of the database system 140). The process 300 begins by receiving (at step 305) a request for data from a requesting device. For example, the request for data may be initiated by a requesting device (e.g., the requesting device 102) and transmitted to the database system 104. The request for data may be transmitted directly to an application server of the database system 104……If the application server 110 receives a normal or expected response from the database 116 in response to the request signal, the application server 110 may determine that the database 116 is available. However, if the request signal times out (no response after a predetermined duration) or if an error signal is received, the application server 110 may determine that the database 116 is unavailable. In some embodiments, the process 300 performs the following steps (e.g., steps 315-335) in response to the determination that the local database is unavailable. In these embodiments, when the local database is available, the process 300 may retrieve the requested data from the local database and may provide the requested data to the requesting device.
Providing the data to a device associated with the request. As such this step can be performed mentally.
Step 2A Prong Two and Step 2B
Use of processors to receive, determining the data, retrieving, providing the data would constitute use of a generic computer used as tool to implement the abstract idea discussed above.
The step of receiving data associated with a building constitutes an insignificant extra-solution activity in the form of mere data gather, see MPEP 2106.05(g)
i. Performing clinical tests on individuals to obtain input for an equation, In re Grams, 888 F.2d 835, 839-40; 12 USPQ2d 1824, 1827-28 (Fed. Cir. 1989);
Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation.
Claims 3-8, 10-15, 17-21 are rejected under 35 U.S. C. 101 because it depends from on claims 2, 9 and 16. Which is directed to a judicial exception without significantly more. The additional limitation of claim 3, 17 “the request is routed to the first computer node based on a set of attributes”. Claims 4, 18 “the set of attribute is a location”. Claims 5, 19 “adding computer node”. Claims 6, 20 “updating the metadata of the database based on the adding of the data to the first cache”. Claims 7, 21 “the computer network is a sub-network”. Claim 9 “determining the data is also stored in third cache memory, selecting second and third cache for retrieving and providing the data based on a set of criteria”. Claims 11-12 “the set of criteria comprise a response time, age of instances of the data”. Claim 13-15 “determining the database system is unavailable; based on a missing response from the database”, constitutes insignificant extra solution activity and does not integrate the abstract idea into a practical application. The limitation is merely a generic implement using a computer and does not amount to significantly more than the abstract idea,
Accordingly claims 2-21 are found to be directed to a patent ineligible abstract idea.
Response to Arguments
Applicant’s arguments with respect to claim(s) 2-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 2-3, 5-6, 9-10, 12-17, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baek et al (U.S. Pub No. 2017/0063992), and Qi et al (U.S. Pub No. 2016/0132576 A1), and further in view of Fliam et al (U.S. Pub No. 2013/0204961 A1).
As per claim 2, Baek discloses a system comprising:
one or more hardware processors; and one or more machine-readable storage media having instructions stored thereon that, in response to being executed by the one or more hardware processors, cause the system to perform operations comprising (Par [0021]):
receiving, by a first computer node of a plurality of computer nodes, a request for data that is stored in a database system accessible by the plurality of computer nodes (Par [0069]);
in response to determining that the data is not stored in the first cache memory, determining, based on a cache index associated with the database system, that the data is stored in a second cache memory associated with a second computer node of the plurality of computer nodes (Par [0067-0070]);
retrieving, by the first computer node, the data from the second cache memory of the second computer node via a computer network (Par [0067-0070]).
Baek discloses more than one caches memory, more than one computer nodes and allocate address but Baek does not explicitly disclose determining, by the first computer node, that the data is not stored in a first cache memory associated with the first computer node; providing the data to a device associated with the request.
However, Qi discloses determining, by the first computer node, that the data is not stored in a first cache memory associated with the first computer node (Par [0074-0077]);
providing the data to a device associated with the request (par [0067]).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention was made to incorporate the feature as disclosed in Qi into the teaching of Baek in order to provide techniques for facilitating the management of data centers (par [0006]).
Baek discloses more than one caches memory, more than one computer nodes and allocate address but Baek and Qi do not explicitly disclose wherein each computer node in the plurality of computer nodes has access to a corresponding cache memory; that map keys to different cache memories associated with different computer nodes in the plurality of computer nodes.
However, Fliam discloses wherein each computer node in the plurality of computer nodes has access to a corresponding cache memory; that map keys to different cache memories associated with different computer nodes in the plurality of computer nodes (Par [0036, 0040]).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention was made to incorporate the feature as disclosed in Fliam into the teaching of Baek as modified by Qi in order to improve the system (par [0037]).
As per claim 3, Baek discloses the system of claim 2, wherein the request is routed to the first computer node based on a set of attributes associated with the device (par [0011, 0225]).
As per claim 5, Baek discloses the system of claim 2, wherein the operations further comprise: adding, by the first computer node, the data to the first cache memory (Par [0075, 0090]).
As per claim 6, Baek discloses the system of claim 5, wherein the operations further comprise: updating the metadata of the database system based on the adding of the data to the first cache memory (Par [0075, 0077]).
As per claim 9, Baek discloses a method, comprising:
determining, by a first computer node of a plurality of computer nodes, an indication that a request for data stored in a database system has been submitted by a device; querying, by the first computer node, a first cache memory associated with the first computer node for the data (par [0069]);
determining, by the first computer node, that the data is stored in a second cache memory associated with a second computer node from the plurality of computer nodes based on metadata associated with a database system the plurality of computer nodes; retrieving, by the first computer node, the data from the second cache memory of the second computer node via a computer network (Par [0067-0070]).
Baek discloses more than one caches memory, more than one computer nodes and allocate address but Baek does not explicitly disclose determining, by the first computer node, that the data is not stored in a first cache memory associated with the first computer node; providing the data to a device associated with the request.
However, Qi discloses determining, by the first computer node, that the data is not stored in a first cache memory associated with the first computer node (Par [0074-0077]);
providing the data to a device associated with the request (par [0067]).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention was made to incorporate the feature as disclosed in Qi into the teaching of Baek in order to provide techniques for facilitating the management of data centers (par [0006]).
Baek discloses more than one caches memory, more than one computer nodes and allocate address but Baek and Qi do not explicitly disclose a first cache memory associated with the first computer node for the data; wherein each computer node in the plurality of computer nodes has access to a corresponding cache memory; that map keys to different cache memories associated with different computer nodes in the plurality of computer nodes.
However, Fliam discloses a first cache memory associated with the first computer node for the data; wherein each computer node in the plurality of computer nodes has access to a corresponding cache memory; that map keys to different cache memories associated with different computer nodes in the plurality of computer nodes (Par [0036, 0040]).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention was made to incorporate the feature as disclosed in Fliam into the teaching of Baek as modified by Qi in order to improve the system (par [0037]).
As per claim 10, Qi discloses the method of claim 9, further comprising: determining that the data is also stored in a third cache memory associated with a third computer node of the plurality of computer nodes based on the metadata; and selecting, the second cache memory and the third cache memory for retrieving and providing the data based on a set of criteria (Par [0074-0077]).
As per claim 12, Qi discloses the method of claim 10, wherein the set of criteria comprises an age of corresponding instances of the data stored in the second cache memory and the third cache memory (Par [0074-0077]).
As per claim 13, Qi discloses the method of claim 9, further comprising: determining that the database system is unavailable to the first computer node, wherein the retrieving the data from the second cache memory is in response to the determining that the database system is unavailable (Par [0074-0077]).
As per claim 14, Qi discloses the method of claim 13, wherein the determining that the database system is unavailable is based on a missing response signal from the database system (Par [0049]).
As per claim 15, Qi discloses the method of claim 9, further comprising: in response to determining that the data is not stored in the first cache memory based on the querying, transmitting a request signal to the database system; and determining that the database system is unavailable to the first computer node based on a missing response signal from the database system (Par [0074-0077]).
As per claim 16, Baek discloses a non-transitory machine-readable medium having stored thereon machine-readable instructions executable to cause a first computer node of a plurality of computer nodes associated with a database system to perform operations comprising:
receiving, from a device, a request for data (Par [0069]);
determining that the data is not stored in a first cache memory associated with the first computer node; determining, based on metadata associated with the database system, that the data is stored in a second cache memory associated with a second computer node of the plurality of computer nodes; retrieving the data from the second cache memory of the second computer node (Par [0067-0070]).
Baek discloses more than one caches memory, more than one computer nodes and allocate address but Baek does not explicitly disclose in response to determining that the data is not stored in the first cache memory providing the data to the device.
However, Qi discloses in response to determining that the data is not stored in the first cache memory providing the data to the device (Par [0074-0077]);
providing the data to a device associated with the request (par [0067]).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention was made to incorporate the feature as disclosed in Qi into the teaching of Baek in order to provide techniques for facilitating the management of data centers (par [0006]).
Baek discloses more than one caches memory, more than one computer nodes and allocate address but Baek and Qi do not explicitly disclose a first cache memory associated with the first computer node for the data; wherein each computer node in the plurality of computer nodes has access to a corresponding cache memory; that map keys to different cache memories associated with different computer nodes in the plurality of computer nodes.
However, Fliam discloses a first cache memory associated with the first computer node for the data; wherein each computer node in the plurality of computer nodes has access to a corresponding cache memory; that map keys to different cache memories associated with different computer nodes in the plurality of computer nodes (Par [0036, 0040]).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention was made to incorporate the feature as disclosed in Fliam into the teaching of Baek as modified by Qi in order to improve the system (par [0037]).
As per claim 17, Baek discloses the non-transitory machine-readable medium of claim 16, wherein the request is routed to the first computer node based on a set of attributes associated with the device (par [0011, 0025]).
As per claim 19, Baek discloses the non-transitory machine-readable medium of claim 16, wherein the operations further comprise: adding, the data to the first cache memory (par [0075, 0090]).
As per claim 20, Baek discloses the non-transitory machine-readable medium of claim 19, wherein the operations further comprise: updating the metadata of the database system based on the adding of the data to the first cache memory (Par [0075, 0077]).
Claim(s) 4, 7-8, 11, 18, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baek et al (U.S. Pub No. 2017/0063992), and in view of Qi et al (U.S. Pub No. 2016/0132576 A1), and Fliam et al (U.S. Pub No. 2013/0204961), and further in view of Jungek et al (U.S. Pub No. 2002/0009079 A1).
As per claim 4, Baek and Qi do not explicitly disclose the system of claim 3, wherein the set of attributes comprises a location attribute.
However, Jungek discloses herein the set of attributes comprises a location attribute (Par [0118]).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention was made to incorporate the feature as disclosed in Jungek into the teaching of Baek as modified by Qi in order to provide a higher capacity and more reliable connection (Par [0039]).
As per claim 7, Jungek discloses the system of claim 2, wherein the computer network is a sub-network associated with the database system (Par [0118]).
As per claim 8, Jungek discloses the system of claim 2, wherein each computer node in the plurality of computer nodes is configured to service data access requests associated with a corresponding geographical region (Par [0118]).
As per claim 11, Jungek discloses the method of claim 10, wherein the set of criteria comprises a response time (Par [0066, 0067]).
As per claim 18, Baek and Qi do not explicitly disclose the non-transitory machine-readable medium of claim 17, wherein the set of attributes comprises a location attribute.
However, Jungek discloses wherein the set of attributes comprises a location attribute (Par [0118]).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention was made to incorporate the feature as disclosed in Jungek into the teaching of Baek as modified by Qi in order to provide a higher capacity and more reliable connection (Par [0039]).
As per claim 21, Jungek discloses the non-transitory machine-readable medium of claim 16, wherein each computer node in the plurality of computer nodes is configured to service data access requests associated with a corresponding geographical region Jungek discloses
Conclusion
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.
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August 27, 2026
/THU N NGUYEN/Examiner, Art Unit 2154
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