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 .
Claims 1-20 are active in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/21/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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).
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Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of Patent No. 12,353,353. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims recite substantially similar claim limitations as depicted in the table below.
Instant Application
12,353,353
1. A method, comprising:
determining, by a data management system after an expiration of a first incremental snapshot of a plurality of snapshots of a computing object, satisfaction of one or more consolidation thresholds for a set of expired incremental snapshots included in the plurality of snapshots; and
creating, by the data management system and based at least in part on determining of the satisfaction of the one or more consolidation thresholds, a merged snapshot comprising data associated with the set of expired incremental snapshots and data associated with an unexpired snapshot included in the plurality of snapshots.
6. The method of claim 1, wherein creating the merged snapshot comprises: selecting most recent versions of data blocks from among the set of expired incremental snapshots and the unexpired snapshot for inclusion in the merged snapshot.
7. The method of claim 1, wherein determining the satisfaction of the one or more consolidation thresholds comprises: determining that a quantity of expired incremental snapshots of the set of expired incremental snapshots exceeds a threshold quantity, the one or more consolidation thresholds comprising the threshold quantity.
8. The method of claim 1, wherein determining the satisfaction of the one or more consolidation thresholds comprises: determining that a duration until expiration of a next incremental snapshot of the plurality of snapshots is greater than a threshold duration, the one or more consolidation thresholds comprising the threshold duration.
9. The method of claim 1, wherein determining the satisfaction of the one or more consolidation thresholds comprises: determining that a time period since expiration of a temporally earliest incremental snapshot of the set of expired incremental snapshots exceeds a threshold time period, the one or more consolidation thresholds comprising the threshold time period.
10. The method of claim 1, wherein determining the satisfaction of the one or more consolidation thresholds comprises: determining that an amount of available storage space within a storage system at which the plurality of snapshots are stored is less than a threshold amount of storage space, the one or more consolidation thresholds comprising the threshold amount of storage space.
11. The method of claim 1, wherein determining the satisfaction of the one or more consolidation thresholds comprises: determining that a collective data size of the set of expired incremental snapshots exceeds a threshold data size, the one or more consolidation thresholds comprising the threshold data size.
12. The method of claim 1, further comprising: determining, by the data management system at a first time prior to the expiration of the first incremental snapshot of the computing object, that the one or more consolidation thresholds are not satisfied for one or more previously expired incremental snapshots, the set of expired incremental snapshots comprising the one or more previously expired incremental snapshots and the first incremental snapshot; and refraining, by the data management system, from creating any merged snapshot at the first time based at least in part on determining that the one or more consolidation thresholds are not satisfied as of the first time.
13. The method of claim 1, further comprising: determining, by the data management system and based at least in part on a clock of a storage system at which the plurality of snapshots are stored, that a time period for a periodic consolidation operation is satisfied, wherein determining the satisfaction of the one or more consolidation thresholds is responsive to determining that the time period for the periodic consolidation operation is satisfied.
14. The method of claim 1, further comprising: identifying the expiration of the first incremental snapshot, wherein determining the satisfaction of the one or more consolidation thresholds is responsive to the expiration of the first incremental snapshot.
15. The method of claim 1, further comprising: receiving, by the data management system, scheduling information for expiration of the plurality of snapshots; and identifying the expiration of the first incremental snapshot based at least in part on the scheduling information.
16. An apparatus, comprising:
one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the apparatus to:
determine, by a data management system after an expiration of a first incremental snapshot of a plurality of snapshots of a computing object, satisfaction of one or more consolidation thresholds for a set of expired incremental snapshots included in the plurality of snapshots; and
create, by the data management system and based at least in part on determining of the satisfaction of the one or more consolidation thresholds, a merged snapshot comprising data associated with the set of expired incremental snapshots and data associated with an unexpired snapshot included in the plurality of snapshots.
20. A non-transitory computer-readable medium storing code, the code comprising instructions executable by one or more processors to:
determine, by a data management system after an expiration of a first incremental snapshot of a plurality of snapshots of a computing object, satisfaction of one or more consolidation thresholds for a set of expired incremental snapshots included in the plurality of snapshots; and
create, by the data management system and based at least in part on determining of the satisfaction of the one or more consolidation thresholds, a merged snapshot comprising data associated with the set of expired incremental snapshots and data associated with an unexpired snapshot included in the plurality of snapshots.
1. A method, comprising:
identifying, by a data management system, an expiration of a first incremental snapshot of a computing object, the first incremental snapshot being one of a plurality of snapshots of the computing object accessible to the data management system;
determining, by the data management system after the expiration of the first incremental snapshot, satisfaction of one or more consolidation thresholds for a set of expired incremental snapshots included in the plurality of snapshots, the set of expired incremental snapshots including the first incremental snapshot; and
creating, by the data management system and based at least in part on determining of the satisfaction of the one or more consolidation thresholds, a merged incremental snapshot comprising data associated with the set of expired incremental snapshots and data associated with an unexpired incremental snapshot included in the plurality of snapshots.
2. The method of claim 1, wherein creating the merged incremental snapshot comprises: selecting most recent versions of data blocks from among the set of expired incremental snapshots and the unexpired incremental snapshot for inclusion in the merged incremental snapshot.
3. The method of claim 1, wherein determining the satisfaction of the one or more consolidation thresholds comprises: determining that a quantity of expired incremental snapshots of the set of expired incremental snapshots exceeds a threshold quantity, the one or more consolidation thresholds comprising the threshold quantity.
4. The method of claim 1, wherein determining the satisfaction of the one or more consolidation thresholds comprises: determining that a duration until expiration of a next incremental snapshot of the plurality of snapshots is greater than a threshold duration, the one or more consolidation thresholds comprising the threshold duration.
5. The method of claim 1, wherein determining the satisfaction of the one or more consolidation thresholds comprises: determining that a time period since expiration of a temporally earliest incremental snapshot of the set of expired incremental snapshots exceeds a threshold time period, the one or more consolidation thresholds comprising the threshold time period.
6. The method of claim 1, wherein determining the satisfaction of the one or more consolidation thresholds comprises: determining that an amount of available storage space within a storage system at which the plurality of snapshots are stored is less than a threshold amount of storage space, the one or more consolidation thresholds comprising the threshold amount of storage space.
7. The method of claim 1, wherein determining the satisfaction of the one or more consolidation thresholds comprises: determining that a collective data size of the set of expired incremental snapshots exceeds a threshold data size, the one or more consolidation thresholds comprising the threshold data size.
8. The method of claim 1, further comprising: determining, by the data management system at a first time prior to the expiration of the first incremental snapshot of the computing object, that the one or more consolidation thresholds are not satisfied for one or more previously expired incremental snapshots, the set of expired incremental snapshots comprising the one or more previously expired incremental snapshots and the first incremental snapshot; and refraining, by the data management system, from creating any merged incremental snapshot at the first time based at least in part on determining that the one or more consolidation thresholds are not satisfied as of the first time.
9. The method of claim 1, further comprising: determining, by the data management system and based at least in part on a clock of a storage system at which the plurality of snapshots are stored, that a time period for a periodic consolidation operation is satisfied, wherein determining the satisfaction of the one or more consolidation thresholds is responsive to determining that the time period for the periodic consolidation operation is satisfied.
10. The method of claim 1, wherein determining the satisfaction of the one or more consolidation thresholds is responsive to identifying the expiration of the first incremental snapshot.
11. The method of claim 1, further comprising: receiving, by the data management system, scheduling information for expiration of the plurality of snapshots, wherein identifying the expiration of the first incremental snapshot is based at least in part on the scheduling information.
12. An apparatus, comprising:
one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the apparatus to: identify, by a data management system, an expiration of a first incremental snapshot of a computing object, the first incremental snapshot being one of a plurality of snapshots of the computing object accessible to the data management system;
determine, by the data management system after the expiration of the first incremental snapshot, satisfaction of one or more consolidation thresholds for a set of expired incremental snapshots included in the plurality of snapshots, the set of expired incremental snapshots including the first incremental snapshot; and
create, by the data management system and based at least in part on determining of the satisfaction of the one or more consolidation thresholds, a merged incremental snapshot comprising data associated with the set of expired incremental snapshots and data associated with an unexpired incremental snapshot included in the plurality of snapshots.
13. The apparatus of claim 12, wherein, to create the merged incremental snapshot, the one or more processors are individually or collectively operable to execute the code to cause the apparatus to: select most recent versions of data blocks from among the set of expired incremental snapshots and the unexpired incremental snapshot for inclusion in the merged incremental snapshot.
14. The apparatus of claim 12, wherein, to determine the satisfaction of the one or more consolidation thresholds, the one or more processors are individually or collectively operable to execute the code to cause the apparatus to: determine that a quantity of expired incremental snapshots of the set of expired incremental snapshots exceeds a threshold quantity, the one or more consolidation thresholds comprising the threshold quantity.
15. The apparatus of claim 12, wherein, to determine the satisfaction of the one or more consolidation thresholds, the one or more processors are individually or collectively operable to execute the code to cause the apparatus to: determine that a duration until expiration of a next incremental snapshot of the plurality of snapshots is greater than a threshold duration, the one or more consolidation thresholds comprising the threshold duration.
16. The apparatus of claim 12, wherein, to determine the satisfaction of the one or more consolidation thresholds, the one or more processors are individually or collectively operable to execute the code to cause the apparatus to: determine that a time period since expiration of a temporally earliest incremental snapshot of the set of expired incremental snapshots exceeds a threshold time period, the one or more consolidation thresholds comprising the threshold time period.
17. The apparatus of claim 12, wherein, to determine the satisfaction of the one or more consolidation thresholds, the one or more processors are individually or collectively operable to execute the code to cause the apparatus to: determine that an amount of available storage space within a storage system at which the plurality of snapshots are stored is less than a threshold amount of storage space, the one or more consolidation thresholds comprising the threshold amount of storage space.
18. The apparatus of claim 12, wherein, to determine the satisfaction of the one or more consolidation thresholds, the one or more processors are individually or collectively operable to execute the code to cause the apparatus to: determine that a collective data size of the set of expired incremental snapshots exceeds a threshold data size, the one or more consolidation thresholds comprising the threshold data size.
19. The apparatus of claim 12, wherein the one or more processors are individually or collectively further operable to execute the code to cause the apparatus to: determine, by the data management system at a first time prior to the expiration of the first incremental snapshot of the computing object, that the one or more consolidation thresholds are not satisfied for one or more previously expired incremental snapshots, the set of expired incremental snapshots comprising the one or more previously expired incremental snapshots and the first incremental snapshot; and refrain, by the data management system, from creating any merged incremental snapshot at the first time based at least in part on determining that the one or more consolidation thresholds are not satisfied as of the first time.
20. A non-transitory computer-readable medium storing code, the code comprising instructions executable by one or more processors to:
identify, by a data management system, an expiration of a first incremental snapshot of a computing object, the first incremental snapshot being one of a plurality of snapshots of the computing object accessible to the data management system;
determine, by the data management system after the expiration of the first incremental snapshot, satisfaction of one or more consolidation thresholds for a set of expired incremental snapshots included in the plurality of snapshots, the set of expired incremental snapshots including the first incremental snapshot; and
create, by the data management system and based at least in part on determining of the satisfaction of the one or more consolidation thresholds, a merged incremental snapshot comprising data associated with the set of expired incremental snapshots and data associated with an unexpired incremental snapshot included in the plurality of snapshots.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chen (US 9626250) discloses Data Synchronization Of Block-level Backup.
Karthik (US 2023/0168968) discloses consolidating snapshots using partitioned patch files.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERILYN P NGUYEN whose telephone number is 571-272-4026. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kavita Stanley can be reached on (571) 272-8352. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MERILYN P NGUYEN/ Primary Examiner, Art Unit 2153
July 09, 2026
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