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 .
This office action is in response to the application filed on June 10, 2025, in which claims 1-20 are presented for examination.
Information Disclosure Statement
The information disclosure statement filed on November 18,2025 complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. It has been placed in the application file. The information referred to therein has been considered as to the merits.
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.
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Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,360,942. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 under examination are obvious, respectively, by claims 1-15 of the reference Patent. Every limitations in the instant application under examination claims are recited in the conflicting reference patent claims, and the differences or additional limitations between the claims are highlighted below by underlining and bolding all limitations. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the independent claim 1 of the instant application to access a dataset that comprises primary data stored at a primary data storage; index one or more metadata attributes that are associated with data objects of the dataset, resulting in indexed metadata of the dataset; and index a first content attribute that is associated with some of the dataset, resulting in indexed first content of the dataset, in order to greatly improve the speed with which system performs information management operations and the capacity of the system to handle large numbers of such operations, while reducing the computational load on the production environment of client computing devices.
Note, such deviation would not interfere with the functionality of the claims that are already patented, and would achieve the same end result.
Please, see the comparison table below:
Patent
Application
1. A system comprising one or more computer hardware processors and non-transitory computer-readable media comprising computer programming instructions, which, when executed by the one or more computer hardware processors, configure the system to:
access a dataset that comprises primary data stored at a primary data storage;
index one or more metadata attributes that are associated with data objects of the dataset, resulting in indexed metadata of the dataset;
index a first content attribute that is associated with some of the dataset, resulting in indexed first content of the dataset;
receive, via a user interface, a request to simulate an archiving plan for the dataset, wherein the request comprises a plurality of archiving criteria that include the first content attribute, wherein the request indicates a first archive storage destination for storing archive copies, and wherein the first archive storage destination is distinct from the primary data storage;
based on the indexed metadata and on the indexed first content, identify one or more portions of the dataset that satisfy the plurality of archiving criteria;
determine a first amount of data storage that the one or more portions occupy at the primary data storage;
predict a cost savings of the archiving plan, wherein the archiving plan includes freeing up the first amount of data storage at the primary data storage and storing archive copies of the one or more portions at the first archive storage destination;
present a simulated outcome of the archiving plan, at the user interface, including one or more of: the first amount of data storage and the cost savings;
responsive to a selection of the archiving plan received at the user interface:
store, at a management database maintained by the system, the archiving plan and an association between the archiving plan and the dataset; and
perform an archiving job of the dataset according to the archiving plan, wherein the archiving job comprises: generating one or more archive copies of the one or more portions of the dataset that satisfy the plurality of archiving criteria, storing the one or more archive copies at the first archive storage destination, and removing the one or more portions from the primary data storage.
1. A system comprising one or more computer hardware processors and non- transitory computer-readable media comprising computer programming instructions, which, when executed by the one or more computer hardware processors, configure the system to:
receive, via a user interface, a request to simulate an archiving plan for a dataset that comprises primary data stored at a primary data storage,
wherein the request comprises one or more archiving criteria for archiving a subset of the dataset, wherein the request indicates a first archive storage destination for storing archive copies, and wherein the first archive storage destination is distinct from the primary data storage,
wherein the one or more archiving criteria comprise one or more of: a metadata attribute of the dataset that was indexed prior to the request, and a content attribute of the dataset that was indexed prior to the request;
identify a first subset of the dataset that satisfies the one or more archiving criteria;
determine a first amount of data storage that the first subset occupies at the primary data storage;
predict a cost savings of the archiving plan, wherein the archiving plan includes freeing up the first amount of data storage at the primary data storage and storing one or more archive copies of the first subset at the first archive storage destination;
present a simulated outcome of the archiving plan at the user interface;
responsive to a selection of the archiving plan received at the user interface:
store, at a management database maintained by the system, an association between the archiving plan and the dataset; and
perform an archiving job of the dataset according to the archiving plan, wherein the archiving job comprises: generating one or more archive copies of a second subset of the dataset that satisfies the one or more archiving criteria at a time of the archiving job, storing the one or more archive copies at the first archive storage destination, and removing the second subset from the primary data storage.
Claims 2-10 are rejected for incorporating the deficiency of their respective base claims by dependency.
Patent
Application
2. The system of claim 1, wherein the computer programming instructions further configure the system to: present, at the user interface, a total amount of data storage that excludes the first amount of data storage.
3. The system of claim 1, wherein the computer programming instructions further configure the system to: store the indexed metadata and the indexed first content in an index data structure that is configured at an index server component of the system, wherein the index server component is configured to predict the cost savings, based on a unit cost associated with the first archive storage destination.
4. The system of claim 1, wherein the computer programming instructions further configure the system to: maintain the management database at a storage manager component of the system, wherein the storage manager component is configured to initiate the archiving job according to a timing parameter associated with the archiving plan.
5. The system of claim 1, wherein the computer programming instructions further configure the system to simulate archiving the dataset to the first archive storage destination, comprising: identifying the one or more portions of the dataset that satisfy the plurality of archiving criteria, determining the first amount of data storage that the one or more portions of the dataset occupy at the primary data storage, predicting the cost savings, and presenting, at the user interface, one or more of: the first amount of data storage and the cost savings.
6. The system of claim 1, wherein the first archive storage destination is configured in a cloud storage service.
7. The system of claim 1, wherein the one or more computer hardware processors operate in a cloud computing environment that comprises a cloud storage service, wherein the primary data storage and the first archive storage destination are configured in the cloud storage service, and wherein the first archive storage destination is a lower-priced storage tier than the primary data storage.
8. The system of claim 1, wherein the one or more metadata attributes comprise one or more of: a file-size, a last-modified time of a file, and a last-accessed time of a file, and wherein the first content attribute comprises one or more of: an importance classification and a personal identifying information.
2. The system of claim 1, wherein the simulated outcome of the archiving plan presented at the user interface comprises one or more of: the first amount of data storage, and the cost savings.
3. The system of claim 1, wherein the one or more archiving criteria comprise a retention period for keeping archive copies at the first archive storage destination.
4. The system of claim 1, wherein the first archive storage destination is configured in a cloud storage service.
5. The system of claim 1, wherein the one or more computer hardware processors operate in a cloud computing environment that comprises a cloud storage service, wherein the primary data storage and the first archive storage destination are configured in the cloud storage service, and wherein the first archive storage destination is a lower-priced storage tier than the primary data storage.
6. The system of claim 1, wherein the computer programming instructions further configure the system to store, in an index data structure: metadata attributes that were indexed prior to the request, including the metadata attribute, and content attributes that were indexed prior to the request, including the content attribute.
7. The system of claim 6, wherein the metadata attributes comprise one or more of: a file-size, a last-modified time of a file, and a last-accessed time of a file.
8. The system of claim 6, wherein the content attributes comprise one or more of: an importance classification, a personal identifying information, an association with a person, an association with a company job function, and an association with an event.
9. The system of claim 6, wherein the index data structure is configured at an index server component of the system, wherein the index server component is configured to predict the cost savings, based on a cost profile associated with the first archive storage destination.
10. The system of claim 1, wherein the computer programming instructions further configure the system to: maintain the management database at a storage manager component of the system, wherein the storage manager component is configured to initiate the archiving job according to a frequency associated with the archiving plan, wherein the one or more archiving criteria comprise the frequency.
With respect to claim 11, one having ordinary skill in the art before the effective filing date of the claimed invention to modify the independent claim 11 of the instant application to access a dataset that comprises primary data stored at a primary data storage; index one or more metadata attributes that are associated with data objects of the dataset, resulting in indexed metadata of the dataset; and index a first content attribute that is associated with some of the dataset, resulting in indexed first content of the dataset, in order to greatly improve the speed with which system performs information management operations and the capacity of the system to handle large numbers of such operations, while reducing the computational load on the production environment of client computing devices.
Note, such deviation would not interfere with the functionality of the claims that are already patented, and would achieve the same end result.
Please, see the comparison table below:
Patent
Application
9. A system deployed in a cloud computing environment, wherein computer programming instructions that are executed by one or more computer hardware processors of the cloud computing environment configure the system to:
access a dataset comprising primary data stored at a primary data storage;
index one or more metadata attributes that are associated with data objects of the dataset, resulting in indexed metadata of the dataset;
receive, via a user interface, a request to simulate an archiving plan for the dataset wherein the request comprises a plurality of archiving criteria, wherein the request indicates a first archive storage destination for storing archive copies, and wherein the first archive storage destination is distinct from the primary data storage;
identify, based on the indexed metadata, one or more portions of the dataset that satisfy the plurality of archiving criteria;
determine a first amount of data storage that is occupied by the one or more portions of the dataset at the primary data storage;
predict a cost savings of the archiving plan, wherein the archiving plan includes freeing the first amount of data storage at the primary data storage and storing archive copies of the one or more portions at the first archive storage destination;
present a simulated outcome of the archiving plan at the user interface, including one or more of: the first amount of data storage and the cost savings;
responsive to a selection of the archiving plan received at the user interface:
store, at a management database maintained by the system, the archiving plan and an association between the archiving plan and the dataset; and
perform an archiving job of the dataset according to the archiving plan, wherein the archiving job comprises: generating one or more archive copies of the one or more portions of the dataset that satisfy the plurality of archiving criteria, storing the one or more archive copies at the first archive storage destination, and removing the one or more portions from the primary data storage; wherein the primary data storage is configured in the cloud computing environment, wherein the first archive storage destination is also configured in the cloud computing environment, and wherein the first archive storage destination is a lower-priced storage tier than the primary data storage.
11. A computer-implemented method performed by one or more computer hardware processors, the computer-implemented method comprising:
receiving, via a user interface, a request to simulate an archiving plan for a dataset that comprises primary data stored at a primary data storage,
wherein the request comprises one or more archiving criteria for archiving a subset of the dataset, wherein the request indicates a first archive storage destination for storing archive copies, and wherein the first archive storage destination is distinct from the primary data storage,
wherein the one or more archiving criteria comprise one or more of: a metadata attribute of the dataset that was indexed prior to the request, and a content attribute of the dataset that was indexed prior to the request;
identifying a first subset of the dataset that satisfies the one or more archiving criteria;
determining a first amount of data storage that the first subset occupies at the primary data storage;
predicting a cost savings of the archiving plan, wherein the archiving plan includes freeing up the first amount of data storage at the primary data storage and storing one or more archive copies of the first subset at the first archive storage destination;
presenting a simulated outcome of the archiving plan at the user interface;
responsive to a selection of the archiving plan received at the user interface:
storing, at a management database, an association between the archiving plan and the dataset; and
performing an archiving job of the dataset according to the archiving plan, wherein the archiving job comprises: generating one or more archive copies of a second subset of the dataset that satisfies the one or more archiving criteria at a time of the archiving job, storing the one or more archive copies at the first archive storage destination, and removing the second subset from the primary data storage.
Claims 12-20 are rejected for incorporating the deficiency of their respective base claims by dependency.
Patent
Application
10. The system of claim 9, wherein the computer programming instructions further configure the system to: index a first content attribute that is associated with a first portion of the dataset, resulting in indexed first content of the dataset; and wherein the plurality of archiving criteria include the first content attribute; wherein the one or more portions of the dataset that satisfy the plurality of archiving criteria are identified based on the indexed metadata and on the indexed first content, and wherein the one or more portions include the first portion.
11. The system of claim 9, wherein the computer programming instructions further configure the system to: store the indexed metadata in an index data structure that is configured at an index server component of the system, wherein the index server component is configured to predict the cost savings.
12. The system of claim 9, wherein the computer programming instructions further configure the system to: maintain the management database at a storage manager component of the system, wherein the storage manager component is configured to initiate the archiving job according to a timing parameter associated with the archiving plan.
13. The system of claim 9, wherein the computer programming instructions further configure the system to simulate archiving the dataset to the first archive storage destination, comprising: identifying the one or more portions of the dataset that satisfy the plurality of archiving criteria, determining the first amount of data storage, predicting the cost savings, and presenting, at the user interface, one or more of: the first amount of data storage and the cost savings.
14. The system of claim 9, wherein a cloud storage service of the cloud computing environment supplies one or more of: the primary data storage and the first archive storage destination.
15. The system of claim 14, wherein the one or more metadata attributes comprise one or more of: a file-size, a last-modified time of a file, and a last-accessed time of a file.
12. The computer-implemented method of claim 11, wherein the simulated outcome of the archiving plan presented at the user interface comprises one or more of: the first amount of data storage, and the cost savings.
13. The computer-implemented method of claim 11, wherein the one or more archiving criteria comprise a retention period for keeping archive copies at the first archive storage destination.
14. The computer-implemented method of claim 11, wherein the first archive storage destination is configured in a cloud storage service.
15. The computer-implemented method of claim 11, wherein the one or more computer hardware processors operate in a cloud computing environment that comprises a cloud storage service, wherein the primary data storage and the first archive storage destination are configured in the cloud storage service, and wherein the first archive storage destination is a lower-priced storage tier than the primary data storage.
16. The computer-implemented. method of claim 11, further comprising storing in an index data structure: metadata attributes that were indexed prior to the request, including the metadata attribute, and content attributes that were indexed prior to the request, including the content attribute.
17. The computer-implemented method of claim 16, wherein the metadata attributes comprise one or more of: a file-size, a last-modified time of a file, and a last-accessed time of a file.
18. The computer-implemented method of claim 16, wherein the content attributes comprise one or more of: an importance classification, a personal identifying information, an association with a person, an association with a company job function, and an association with an event.
19. The computer-implemented method of claim 16, wherein the index data structure is configured at an index server component that comprises at least one of the one or more computer hardware processors, wherein the index server component is configured to predict the cost savings, based on a cost profile associated with the first archive storage destination.
20. The computer-implemented method of claim 11, further comprising: maintaining the management database at a storage manager component that comprises at least one of the one or more computer hardware processors, wherein the storage manager component is configured to initiate the archiving job according to a frequency associated with the archiving plan, wherein the one or more archiving criteria comprise the frequency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20220327095 (involved in a data archiving method and system capable of reducing the cost of transmitting and retrieving archived data by determining a transmission capacity or a retrieval capacity according to at least one of a characteristic of a storage system and a charging system in a process of transmitting at least some of data stored in a target system for archiving to the storage system or in a process of retrieving data archived in the storage system.)
US 20160292040 (involved in executing monitoring utility on network-attached storage device. A determination is made whether data set of primary data stored in network storage device satisfies archiving criterion. The data set is archived to secondary storage device and removed from network storage device. The stubs for archived data set are generated and stored to network storage device. The determination is made whether first access call is directed to first data in archived data set. The first access call is served from restored first data to client computing device).
US 20130018847 (involved in a database archiving performance benefit determination system for estimating the performance benefit for an application.).
US 8,918,603 (involved in a file archiving process can choose which files to move to archived storage based on various factors, such as user preference settings (preferences) relating to the type of files, the size of the files, the frequency of use, or other factors. )
US 9613035 (involved in moving data between and among the tiers.)
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ann J Lo can be reached at (571)272-9767. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEAN M CORRIELUS/Primary Examiner, Art Unit 2159 June 24, 2026
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