DETAILED ACTION
The instant application having Application No. 19/239,887 has a total of 20 claims pending in the application; there are 3 independent claims and 17 dependent claims, all of which are ready for examination by the examiner.
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 .
INFORMATION CONCERNING DRAWINGS
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
INFORMATION CONCERNING THE SPECIFICATION
Specification
The applicant’s specification submitted is acceptable for examination purposes.
REJECTIONS BASED ON PRIOR ART
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 21, 24-26, 31, 33-35, and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 6-7, 12, and 17 of U.S. Patent No. 12,332,831 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant application and the corresponding patent document disclose transmitting data along a path that is connected a binding layer and PLDM layer.
Instant Application 19/239,887
Patent Number US 12,332,831 B2
Claim 21
A system comprising: a storage device;
and a management device communicatively connected to the storage device, wherein the management device:
transmits, via a first path, first data of a first type to the storage device,
the first path being connected to a first layer, a binding layer, and a platform level data model (PLDM) layer of a protocol stack associated with the storage device;
and transmits, via a second path, second data of a second type different from the first type to the storage device, the second path being connected to the binding layer and the PLDM layer.
Claim 1
A system for storage, comprising: a chassis comprising storage devices for storing data;
a management processor that determines routing information for routing in-band data to a storage device of the storage devices;
and a management device that performs communication management, wherein the management device:
transmits, via a first port, in-band data to the storage device based on the routing information, the in-band data, transmitted to the storage device, comprising a management operation comprising a data update; and transmits, via a second port, out-of-band data to the storage device, wherein the first port corresponds to a first path comprising a higher bandwidth storage path than a second path corresponding to the second port, wherein the first path comprises the management processor connected between the management device and the storage device, wherein the first port and the second port connect to different layers of a protocol stack within the storage device, and wherein: the first port is connected to a first layer, a binding layer, and a platform level data model (PLDM) layer of the protocol stack within the storage device;
and the second port is connected to the binding layer and the PLDM layer within the storage device.
Claim 24
further comprising a switch, wherein the management processor routes the first data from the management device to a second storage device via the switch.
Claim 3
wherein the system further comprises a switch, and the management processor routes the in-band data from the management device to a second storage device of the storage devices via the switch.
Claim 25
wherein: the first data of the first type comprises in-band data;
and the second data of the second type comprises out-of-band data.
Claim 6
wherein the storage device comprises a third port to receive the in-band data
and a fourth port to receive the out-of-band data.
Claim 26
wherein the first data comprises a management operation.
Claim 3
wherein the system further comprises a switch, and the management processor routes the in-band data from the management device to a second storage device of the storage devices via the switch.
Claim 31
The system of claim 21, wherein the storage device comprises: an Ethernet port connected to the first path;
and an Inter-Integrated Circuit (I2C) port or a System Management Bus (SMBus) port connected to the second path.
Claim 7
wherein the storage device comprises an Ethernet solid state drive (SSD) and the third port comprises an Ethernet port
and the fourth port comprises an Inter-Integrated Circuit (I2C) or System Management Bus (SMBus) port.
Claim 33
A device, comprising: at least one memory device that stores computer-executable instructions;
and at least one processor configured to access the at least one memory device, wherein the at least one processor is configured to execute the computer-executable instructions to:
transmit, via a first path, first data of a first type to a storage device, the first path being connected to a first layer, a binding layer, and a platform level data model (PLDM) layer of a protocol stack associated with the storage device;
and transmit, via a second path, second data of a second type different from the first type to the storage device, the second path being connected to the binding layer and the PLDM layer.
Claim 12
A device for performing communication management, comprising: at least one memory device that stores computer-executable instructions;
and at least one processor configured to access the at least one memory device, wherein the at least one processor is configured to execute the computer-executable instructions to: receive, via a first port corresponding to a first path, in-band data from a management device, the in-band data comprising a management operation comprising a data update;
generate routing information for routing the in-band data comprising the management operation to one or more storage devices in a chassis;
apply the routing information to a header of a packet of data associated with the in-band data; and transmit, via a second port corresponding to the first path, the in-band data to a storage device of the one or more storage devices based on the routing information, wherein the first path comprises a higher bandwidth storage path than a second path corresponding to the storage device, wherein the first path comprises the processor connected between the management device and the storage device, wherein the first port and the second port connect to different layers of a protocol stack within the storage device, and wherein: the first port is connected to a first layer, a binding layer, and a platform level data model (PLDM) layer of the protocol stack within the storage device;
and the second port is connected to the binding layer and the PLDM layer within the storage device.
Claim 34
wherein: the first data of the first type comprises in-band data;
and the second data of the second type comprises out-of-band data.
Claim 6
wherein the storage device comprises a third port to receive the in-band data
and a fourth port to receive the out-of-band
Claim 35
wherein the first data comprises a management operation.
Claim 3
wherein the system further comprises a switch, and the management processor routes the in-band data from the management device to a second storage device of the storage devices via the switch.
Claim 40
A method comprising: transmitting, by a first device, via a first path, first data of a first type to a storage device, the first path being connected to a first layer, a binding layer, and a platform level data model (PLDM) layer of a protocol stack associated with the storage device;
and transmitting, by the first device, via a second path, second data of a second type different from the first type to the storage device, the second path being connected to the binding layer and the PLDM layer.
Claim 17
A method for performing communication management, comprising: receiving in-band data from a management device via a first path, the in-band data comprising a management operation comprising a data update; generating routing information for routing the in-band data comprising the management operation to one or more storage devices;
applying the routing information to a header of a packet of data associated with the in-band data;
and transmitting the in-band data to a storage device of the one or more storage devices via the first path based on the routing information, wherein the first path comprises a higher bandwidth storage path than a second path corresponding to the storage device, wherein the first path comprises a management processor connected between the management device and the storage device, wherein the first path and the second path connect to different layers of a protocol stack within the storage device, and wherein: the first path is connected to a first layer, a binding layer, and a platform level data model (PLDM) layer of the protocol stack within the storage device; and the second path is connected to the binding layer and the PLDM layer within the storage device.
ACKNOWLEDGEMENT OF REFERENCES CITED BY APPLICANT
As required by M.P.E.P. 609(c), the applicant's submission of the Information Disclosure Statement dated June 16, 2025; July 24, 2025; December 4, 2025; and February 27, 2026, is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P 609 C(2), a copy of the PTOL-1449 initialed and dated by the examiner is attached to the instant office action.
CLOSING COMMENTS
Conclusion
The examiner requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Henry Yu whose telephone number is (571)272-9779. The examiner can normally be reached Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IDRISS ALROBAYE can be reached at (571) 270-1023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/H.W.Y/Examiner, Art Unit 2181 September 3, 2026
/IDRISS N ALROBAYE/Supervisory Patent Examiner, Art Unit 2181
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