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 .
Claims 1-20 are pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/08/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 7 and 14 are objected to because of the following informalities: As to claims 7 and 14, the claims recite “the destination captured capture”. Applicant may have intended to only recite one form of capture. Appropriate correction is required.
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 1, 3-8, 10-15, and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,423,004. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims anticipate claims 1, 3-8, 10-15, and 17-20 of the instant application as set forth in the table below.
Instant Application
US Pat No 11,423,004
1. A method comprising:
receiving, by a destination node from a source node, a set of differences for data that is part of a consistency group;
processing, by the destination node, the set of differences to create one or more change logs;
performing, by the destination node, a check as to whether the one or more change logs are to be applied to data for the consistency group based upon whether one or more conditions are met; and
in response to the check determining that the one or more change logs are to be applied to data for the consistency group, applying updated data from the one or more change logs to volume data of a volume containing the consistency group.
1. A method comprising:
receiving, by a file assembler hosted on a backup node, a request to access a requested version of a file of a consistency group;
identifying, by the file assembler, backup data of the file backed up to the backup node, wherein the backup data corresponds to a version of the file different than the requested version of the file;
cloning the file to create a cloned file corresponding to the version of the file represented by the backup data, wherein the cloned file comprises a mapping of a set of file block numbers of the cloned file to a set of physical volume block numbers of the file, wherein a first file block number is mapped by the mapping to a first physical volume block number;
maintaining a change log populated with updates to the file corresponding to differences between versions of the file;
(File data is received and differences determined to generate a change log, thus at least a set of differences must be received to determine the difference.)
identifying a subset of updates within the change log based upon the subset of updates corresponding to the requested version of the file;
applying the subset of updates to the cloned file to create a modified cloned file corresponding to the requested version of the file requested by the request;
determining that the subset of updates updated the first file block number within the mapping;
in response to determining that the subset of updates updated the first file block number within the mapping, modifying the mapping to remap the first file block number from being mapped to the first physical volume block number to being mapped to a second physical volume block number corresponding to changed data within the subset of updates to create a modified mapping; and
executing the request upon the modified cloned file utilizing the modified mapping.
2. The method of claim 1, comprising:
creating the consistency group to include a first subset of data of the volume and exclude a second subset of data of the volume.
3. The method of claim 1, comprising:
defining a domain for a change log of the one or more change logs, wherein the domain constrains the change log to an individual logical unit number, an individual virtual machine disk, or a file system within the consistency group.
A method…
cloning the file to create a cloned file corresponding to the version of the file represented by the backup data, wherein the cloned file comprises a mapping of a set of file block numbers of the cloned file to a set of physical volume block numbers of the file, wherein a first file block number is mapped by the mapping to a first physical volume block number;
maintaining a change log populated with updates to the file corresponding to differences between versions of the file;
identifying a subset of updates within the change log based upon the subset of updates corresponding to the requested version of the file;
applying the subset of updates to the cloned file to create a modified cloned file corresponding to the requested version of the file requested by the request;
(the file block numbers corresponding to claimed logical unit numbers)
4. The method of claim 1, comprising:
applying, by the destination node, data operations to change data on the destination node in accordance with the set of differences; and
logging metadata blocks in the one or more change logs that provide information about the set of differences.
A method…
applying the subset of updates to the cloned file to create a modified cloned file corresponding to the requested version of the file requested by the request;
determining that the subset of updates updated the first file block number within the mapping;
in response to determining that the subset of updates updated the first file block number within the mapping, modifying the mapping to remap the first file block number from being mapped to the first physical volume block number to being mapped to a second physical volume block number corresponding to changed data within the subset of updates to create a modified mapping; and
5. The method of claim 1, comprising:
determining that the one or more conditions are met based upon a request from a user or a backup schedule.
A method…
receiving, by a file assembler hosted on a backup node, a request to access a requested version of a file of a consistency group
6. The method of claim 1, comprising:
in response to determining that the set of differences modify a cloned copy of an original source file captured by a snapshot or modify the original source file, writing changed data to a new data block not shared between the cloned copy and the original source file.
A method…
in response to determining that the subset of updates updated the first file block number within the mapping, modifying the mapping to remap the first file block number from being mapped to the first physical volume block number to being mapped to a second physical volume block number corresponding to changed data within the subset of updates to create a modified mapping; and
7. The method of claim 1, comprising:
generating a source snapshot capturing at least some of an instance of the consistency group at the source node;
generating a destination snapshot capturing at least some of an instance of the consistency group at the destination node, wherein the source snapshot and the destination captured capture different granularities of data; and
utilizing at least one of the source snapshot or the destination snapshot to apply the one or more change logs.
A method …
cloning the file to create a cloned file corresponding to the version of the file represented by the backup data, wherein the cloned file comprises a mapping of a set of file block numbers of the cloned file to a set of physical volume block numbers of the file, wherein a first file block number is mapped by the mapping to a first physical volume block number;
maintaining a change log populated with updates to the file corresponding to differences between versions of the file;
identifying a subset of updates within the change log based upon the subset of updates corresponding to the requested version of the file;
applying the subset of updates to the cloned file to create a modified cloned file corresponding to the requested version of the file requested by the request;
determining that the subset of updates updated the first file block number within the mapping;
in response to determining that the subset of updates updated the first file block number within the mapping, modifying the mapping to remap the first file block number from being mapped to the first physical volume block number to being mapped to a second physical volume block number corresponding to changed data within the subset of updates to create a modified mapping;
8. A non-transitory machine readable medium having stored thereon instructions comprising machine executable code which when executed by a machine, cause the machine to:
receive, by a destination node from a source node, a set of differences for data that is part of a consistency group;
process, by the destination node, the set of differences to create one or more change logs;
perform, by the destination node, a check as to whether the one or more change logs are to be applied to data for the consistency group based upon whether one or more conditions are met; and
in response to the check determining that the one or more change logs are to be applied to data for the consistency group, apply updated data from the one or more change logs to volume data of a volume containing the consistency group.
8. A non-transitory machine readable medium having stored thereon instructions comprising machine executable code which when executed by a machine, cause the machine to:
receive, by a file assembler hosted on a backup node, a request to access a requested version of a file of a consistency group;
identify, by the file assembler, backup data of the file backed up to the backup node, wherein the backup data corresponds to a version of the file different than the requested version of the file;
clone the file to create a cloned file corresponding to the version of the file represented by the backup data, wherein the cloned file comprises a mapping of a set of file block numbers of the cloned file to a set of physical volume block numbers of the file, wherein a first file block number is mapped by the mapping to a first physical volume block number;
maintain a change log populated with updates to the file corresponding to differences between versions of the file;
(File data is received and differences determined to generate a change log, thus at least a set of differences must be received to determine the difference.)
identify a subset of updates within the change log based upon the subset of updates corresponding to the requested version of the file;
apply the subset of updates to the cloned file to create a modified cloned file corresponding to the requested version of the file requested by the request;
determine that the subset of updates updated the first file block number within the mapping;
in response to determining that the subset of updates updated the first file block number within the mapping, modify the mapping to remap the first file block number from being mapped to the first physical volume block number to being mapped to a second physical volume block number corresponding to changed data within the subset of updates to create a modified mapping; and
execute the request upon the modified cloned file utilizing the modified mapping.
9. The non-transitory machine readable medium of claim 8, wherein the machine executable code causes the machine to:
create the consistency group to include a first subset of data of the volume and exclude a second subset of data of the volume.
10. The non-transitory machine readable medium of claim 8, wherein the machine executable code causes the machine to:
define a domain for a change log of the one or more change logs, wherein the domain constrains the change log to an individual logical unit number, an individual virtual machine disk, or a file system within the consistency group.
8. A non-transitory machine readable medium having stored thereon instructions comprising machine executable code which when executed by a machine, cause the machine to:
…
clone the file to create a cloned file corresponding to the version of the file represented by the backup data, wherein the cloned file comprises a mapping of a set of file block numbers of the cloned file to a set of physical volume block numbers of the file, wherein a first file block number is mapped by the mapping to a first physical volume block number;
(the file block numbers corresponding to claimed logical unit numbers)
11. The non-transitory machine readable medium of claim 8, wherein the machine executable code causes the machine to:
apply, by the destination node, data operations to change data on the destination node in accordance with the set of differences; and
log metadata blocks in the one or more change logs that provide information about the set of differences.
8. A non-transitory…
apply the subset of updates to the cloned file to create a modified cloned file corresponding to the requested version of the file requested by the request;
determine that the subset of updates updated the first file block number within the mapping;
in response to determining that the subset of updates updated the first file block number within the mapping, modify the mapping to remap the first file block number from being mapped to the first physical volume block number to being mapped to a second physical volume block number corresponding to changed data within the subset of updates to create a modified mapping;
12. The non-transitory machine readable medium of claim 8, wherein the machine executable code causes the machine to:
determine that the one or more conditions are met based upon a request from a user or a backup schedule.
8. A non-transitory machine readable medium having stored thereon instructions comprising machine executable code which when executed by a machine, cause the machine to:
receive, by a destination node from a source node, a set of differences for data that is part of a consistency group;
13. The non-transitory machine readable medium of claim 8, wherein the machine executable code causes the machine to:
in response to determining that the set of differences modify a cloned copy of an original source file captured by a snapshot or modify the original source file, write changed data to a new data block not shared between the cloned copy and the original source file.
8. A non-transitory machine readable medium…
determine that the subset of updates updated the first file block number within the mapping;
in response to determining that the subset of updates updated the first file block number within the mapping, modify the mapping to remap the first file block number from being mapped to the first physical volume block number to being mapped to a second physical volume block number corresponding to changed data within the subset of updates to create a modified mapping;
14. The non-transitory machine readable medium of claim 8, wherein the machine executable code causes the machine to:
generate a source snapshot capturing at least some of an instance of the consistency group at the source node;
generate a destination snapshot capturing at least some of an instance of the consistency group at the destination node, wherein the source snapshot and the destination captured capture different granularities of data; and
utilize at least one of the source snapshot or the destination snapshot to apply the one or more change logs.
8. A non-transitory machine readable medium…
clone the file to create a cloned file corresponding to the version of the file represented by the backup data, wherein the cloned file comprises a mapping of a set of file block numbers of the cloned file to a set of physical volume block numbers of the file, wherein a first file block number is mapped by the mapping to a first physical volume block number;
…
apply the subset of updates to the cloned file to create a modified cloned file corresponding to the requested version of the file requested by the request;
determine that the subset of updates updated the first file block number within the mapping;
in response to determining that the subset of updates updated the first file block number within the mapping, modify the mapping to remap the first file block number from being mapped to the first physical volume block number to being mapped to a second physical volume block number corresponding to changed data within the subset of updates to create a modified mapping;
15. A system comprising:
a processor; and
a memory storing instructions that when executed by the processor cause the system to:
receive, by a destination node from a source node, a set of differences for data that is part of a consistency group;
process, by the destination node, the set of differences to create one or more change logs;
perform, by the destination node, a check as to whether the one or more change logs are to be applied to data for the consistency group based upon whether one or more conditions are met; and
in response to the check determining that the one or more change logs are to be applied to data for the consistency group, apply updated data from the one or more change logs to volume data of a volume containing the consistency group.
15. An apparatus comprising:
a processor; and
a machine readable storage medium having machine executable code stored therein that is executable by the processor to cause the apparatus to:
receive, by a file assembler hosted on a backup node, a request to access a requested version of a file of a consistency group;
identify, by the file assembler, backup data of the file backed up to the backup node, wherein the backup data corresponds to a version of the file different than the requested version of the file;
clone the file to create a cloned file corresponding to the version of the file represented by the backup data, wherein the cloned file comprises a mapping of a set of file block numbers of the cloned file to a set of physical volume block numbers of the file, wherein a first file block number is mapped by the mapping to a first physical volume block number;
maintain a change log populated with updates to the file corresponding to differences between versions of the file;
(File data is received and differences determined to generate a change log, thus at least a set of differences must be received to determine the difference.)
identify a subset of updates within the change log based upon the subset of updates corresponding to the requested version of the file;
apply the subset of updates to the cloned file to create a modified cloned file corresponding to the requested version of the file requested by the request;
determine that the subset of updates updated the first file block number within the mapping;
in response to determining that the subset of updates updated the first file block number within the mapping, modify the mapping to remap the first file block number from being mapped to the first physical volume block number to being mapped to a second physical volume block number corresponding to changed data within the subset of updates to create a modified mapping; and
execute the request upon the modified cloned file utilizing the modified mapping.
16. The system of claim 15, wherein the instructions cause the system to:
create the consistency group to include a first subset of data of the volume and exclude a second subset of data of the volume.
17. The system of claim 15, wherein the instructions cause the system to:
define a domain for a change log of the one or more change logs, wherein the domain constrains the change log to an individual logical unit number, an individual virtual machine disk, or a file system within the consistency group.
15. An apparatus…
clone the file to create a cloned file corresponding to the version of the file represented by the backup data, wherein the cloned file comprises a mapping of a set of file block numbers of the cloned file to a set of physical volume block numbers of the file, wherein a first file block number is mapped by the mapping to a first physical volume block number;
maintain a change log populated with updates to the file corresponding to differences between versions of the file;
identify a subset of updates within the change log based upon the subset of updates corresponding to the requested version of the file;
apply the subset of updates to the cloned file to create a modified cloned file corresponding to the requested version of the file requested by the request;
(the file block numbers corresponding to claimed logical unit numbers)
18. The system of claim 15, wherein the instructions cause the system to:
apply, by the destination node, data operations to change data on the destination node in accordance with the set of differences; and
log metadata blocks in the one or more change logs that provide information about the set of differences.
15. An apparatus…
apply the subset of updates to the cloned file to create a modified cloned file corresponding to the requested version of the file requested by the request;
determine that the subset of updates updated the first file block number within the mapping;
in response to determining that the subset of updates updated the first file block number within the mapping, modify the mapping to remap the first file block number from being mapped to the first physical volume block number to being mapped to a second physical volume block number corresponding to changed data within the subset of updates to create a modified mapping;
19. The system of claim 15, wherein the instructions cause the system to:
determine that the one or more conditions are met based upon a request from a user or a backup schedule.
15. An apparatus comprising:
a processor; and
a machine readable storage medium having machine executable code stored therein that is executable by the processor to cause the apparatus to:
receive, by a file assembler hosted on a backup node, a request to access a requested version of a file of a consistency group;
20. The system of claim 15, wherein the instructions cause the system to:
in response to determining that the set of differences modify a cloned copy of an original source file captured by a snapshot or modify the original source file, write changed data to a new data block not shared between the cloned copy and the original source file.
15. An apparatus…
in response to determining that the subset of updates updated the first file block number within the mapping, modify the mapping to remap the first file block number from being mapped to the first physical volume block number to being mapped to a second physical volume block number corresponding to changed data within the subset of updates to create a modified mapping;
Claims 2, 9, and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, and 15 of U.S. Patent No. 11,423,004 in view of Patnaik et al. (cited in IDS filed 08/08/2025)(US 2017/0249222 A1), hereinafter Patnaik.
As to claims 2, 9, and 16, US Pat No. 11,423,004 does not disclose creating the consistency group to include a first subset of data of the volume and exclude a second subset of data of the volume.
However, Patnaik discloses creating the consistency group to include a first subset of data of the volume and exclude a second subset of data of the volume ([0021], “consistency within the defined arbitrary group, may be provided. For example, a file, a set of files, a logical unit number (LUN), a set of LUNs, a subdirectory, a storage object, and/or any other arbitrary grouping of data may be defined for synchronous or asynchronous replication from the first volume.”).
Before the effective filing date of the claimed invention, it would have been obvious that any user/administrator desired data can be selected as a “consistency group” and said user can select to capture less than all data they choose as needed to be consistent as a group. As such, it would have been obvious to use less than all data of a consistency group, similar to Patnaik. Said artisan would have been motivated to do so in order to only capture data at a level of granularity they want as part of a consistency group.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,373,418. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims render obvious claims 1-20 of the instant application as set forth in the table below.
Instant Application
US Pat No 12,373,418
1. A method comprising:
receiving, by a destination node from a source node, a set of differences for data that is part of a consistency group;
processing, by the destination node, the set of differences to create one or more change logs;
performing, by the destination node, a check as to whether the one or more change logs are to be applied to data for the consistency group based upon whether one or more conditions are met; and
in response to the check determining that the one or more change logs are to be applied to data for the consistency group, applying updated data from the one or more change logs to volume data of a volume containing the consistency group.
1. A method, comprising:
evaluating a first snapshot of a volume at a first point in time and a second snapshot of the volume at a second point in time to identify differences of the volume between the first point in time and the second point in time, wherein the differences are identified at a volume level for data of the volume;
utilizing configuration data, defining a subset of the data of the volume as a consistency group that includes less than all of the data of the volume, to filter the differences to generate a set of differences for the consistency group within the volume, wherein the filtering removes differences identified for data of the volume not included within the consistency group; and
replicating the set of differences, excluding the differences identified for data of the volume not included within the consistency group, to a destination node
for creating a change log having a domain at a consistency group level or sub-consistency group level.
12. The non-transitory machine readable medium of claim 10, wherein the machine executable code causes the machine to:
determine whether a condition exists to trigger the application of the change log to data of the consistency group maintained at the destination node; and
in response to detecting the condition, apply the change log to the data of the consistency group maintained at the destination node.
Claims 1 and 10 are of similar scope differing in being directed to a method vs. a medium, and as such, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to use the features of claims in either set of claims (independent and dependents therefrom) in the other with a reasonable expectation of successfully performing the method using a medium and processor.
2. The method of claim 1, comprising:
creating the consistency group to include a first subset of data of the volume and exclude a second subset of data of the volume.
3. The method of claim 1, comprising:
utilizing the configuration data during snapshot creation so that the first snapshot includes data of the consistency group and exclude other data within the volume that is not part of the consistency group.
3. The method of claim 1, comprising:
defining a domain for a change log of the one or more change logs, wherein the domain constrains the change log to an individual logical unit number, an individual virtual machine disk, or a file system within the consistency group.
8. The method of claim 1, comprising:
defining the change log to have the domain set for a logical unit number (LUN) within the consistency group.
4. The method of claim 1, comprising:
applying, by the destination node, data operations to change data on the destination node in accordance with the set of differences; and
logging metadata blocks in the one or more change logs that provide information about the set of differences.
11. The non-transitory machine readable medium of claim 10, wherein the machine executable code causes the machine to:
apply data operations to change data at the destination node in relation to the set of differences; and
log metadata blocks in the change log specify information about the set of differences.
5. The method of claim 1, comprising:
determining that the one or more conditions are met based upon a request from a user or a backup schedule.
1. A method, comprising:
evaluating a first snapshot of a volume at a first point in time and a second snapshot of the volume at a second point in time to identify differences of the volume between the first point in time and the second point in time, wherein the differences are identified at a volume level for data of the volume;
(evaluating at different times implies a backup schedule)
6. The method of claim 1, comprising:
in response to determining that the set of differences modify a cloned copy of an original source file captured by a snapshot or modify the original source file, writing changed data to a new data block not shared between the cloned copy and the original source file.
4. The method of claim 1, comprising:
utilizing the configuration data during snapshot creation so that the second snapshot includes data of the consistency group and exclude other data within the volume that is not part of the consistency group.
7. The method of claim 1, comprising:
generating a source snapshot capturing at least some of an instance of the consistency group at the source node;
generating a destination snapshot capturing at least some of an instance of the consistency group at the destination node, wherein the source snapshot and the destination captured capture different granularities of data; and
utilizing at least one of the source snapshot or the destination snapshot to apply the one or more change logs.
3. The method of claim 1, comprising:
utilizing the configuration data during snapshot creation so that the first snapshot includes data of the consistency group and exclude other data within the volume that is not part of the consistency group.
4. The method of claim 1, comprising:
utilizing the configuration data during snapshot creation so that the second snapshot includes data of the consistency group and exclude other data within the volume that is not part of the consistency group.
A method…
replicating the set of differences, excluding the differences identified for data of the volume not included within the consistency group, to a destination node for creating a change log having a domain at a consistency group level or sub-consistency group level.
8. A non-transitory machine readable medium having stored thereon instructions comprising machine executable code which when executed by a machine, cause the machine to:
receive, by a destination node from a source node, a set of differences for data that is part of a consistency group;
process, by the destination node, the set of differences to create one or more change logs;
perform, by the destination node, a check as to whether the one or more change logs are to be applied to data for the consistency group based upon whether one or more conditions are met; and
in response to the check determining that the one or more change logs are to be applied to data for the consistency group, apply updated data from the one or more change logs to volume data of a volume containing the consistency group.
10. A non-transitory machine readable medium having stored thereon instructions comprising machine executable code which when executed by a machine, cause the machine to:
evaluate a first snapshot of a volume at a first point in time and a second snapshot of the volume at a second point in time to identify differences of the volume between the first point in time and the second point in time, wherein the differences are identified at a volume level for data of the volume;
utilize configuration data, defining a subset of the data of the volume as a consistency group that includes less than all of the data of the volume, to filter the differences to generate a set of differences for the consistency group within the volume, wherein the filtering removes differences identified for data of the volume not included within the consistency group; and
replicate the set of differences, excluding the differences identified for data of the volume not included within the consistency group, to a destination node for creating a change log having a domain at a consistency group level or sub-consistency group level.
12. The non-transitory machine readable medium of claim 10, wherein the machine executable code causes the machine to:
determine whether a condition exists to trigger the application of the change log to data of the consistency group maintained at the destination node; and
in response to detecting the condition, apply the change log to the data of the consistency group maintained at the destination node.
9. The non-transitory machine readable medium of claim 8, wherein the machine executable code causes the machine to:
create the consistency group to include a first subset of data of the volume and exclude a second subset of data of the volume.
13. The non-transitory machine readable medium of claim 10, wherein the machine executable code causes the machine to:
utilize the configuration data during snapshot creation so that the first snapshot includes data of the consistency group and exclude other data within the volume that is not part of the consistency group.
10. The non-transitory machine readable medium of claim 8, wherein the machine executable code causes the machine to:
define a domain for a change log of the one or more change logs, wherein the domain constrains the change log to an individual logical unit number, an individual virtual machine disk, or a file system within the consistency group.
8. The method of claim 1, comprising:
defining the change log to have the domain set for a logical unit number (LUN) within the consistency group.
Claims 1 and 10 are of similar scope differing in being directed to a method vs. a medium, and as such, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to use the features of claims in either set of claims (independent and dependents therefrom) in the other with a reasonable expectation of successfully performing the method using a medium and processor.
11. The non-transitory machine readable medium of claim 8, wherein the machine executable code causes the machine to:
apply, by the destination node, data operations to change data on the destination node in accordance with the set of differences; and
log metadata blocks in the one or more change logs that provide information about the set of differences.
11. The non-transitory machine readable medium of claim 10, wherein the machine executable code causes the machine to:
apply data operations to change data at the destination node in relation to the set of differences; and
log metadata blocks in the change log specify information about the set of differences.
12. The non-transitory machine readable medium of claim 8, wherein the machine executable code causes the machine to:
determine that the one or more conditions are met based upon a request from a user or a backup schedule.
10. A non-transitory machine readable medium having stored thereon instructions comprising machine executable code which when executed by a machine, cause the machine to:
evaluate a first snapshot of a volume at a first point in time and a second snapshot of the volume at a second point in time to identify differences of the volume between the first point in time and the second point in time, wherein the differences are identified at a volume level for data of the volume;
(evaluating at different times implies a backup schedule)
13. The non-transitory machine readable medium of claim 8, wherein the machine executable code causes the machine to:
in response to determining that the set of differences modify a cloned copy of an original source file captured by a snapshot or modify the original source file, write changed data to a new data block not shared between the cloned copy and the original source file.
10. A non-transitory machine readable medium …
utilize configuration data, defining a subset of the data of the volume as a consistency group that includes less than all of the data of the volume, to filter the differences to generate a set of differences for the consistency group within the volume, wherein the filtering removes differences identified for data of the volume not included within the consistency group; and
14. The non-transitory machine readable medium of claim 8, wherein the machine executable code causes the machine to:
generate a source snapshot capturing at least some of an instance of the consistency group at the source node;
generate a destination snapshot capturing at least some of an instance of the consistency group at the destination node, wherein the source snapshot and the destination captured capture different granularities of data; and
utilize at least one of the source snapshot or the destination snapshot to apply the one or more change logs.
13. The non-transitory machine readable medium of claim 10, wherein the machine executable code causes the machine to:
utilize the configuration data during snapshot creation so that the first snapshot includes data of the consistency group and exclude other data within the volume that is not part of the consistency group.
12. The non-transitory machine readable medium of claim 10, wherein the machine executable code causes the machine to:
determine whether a condition exists to trigger the application of the change log to data of the consistency group maintained at the destination node; and
in response to detecting the condition, apply the change log to the data of the consistency group maintained at the destination node.
15. A system comprising:
a processor; and
a memory storing instructions that when executed by the processor cause the system to:
receive, by a destination node from a source node, a set of differences for data that is part of a consistency group;
process, by the destination node, the set of differences to create one or more change logs;
perform, by the destination node, a check as to whether the one or more change logs are to be applied to data for the consistency group based upon whether one or more conditions are met; and
in response to the check determining that the one or more change logs are to be applied to data for the consistency group, apply updated data from the one or more change logs to volume data of a volume containing the consistency group.
14. An apparatus comprising:
a processor; and
a machine readable storage medium having machine executable code stored therein that is executable by the processor to cause the apparatus to:
evaluate a first snapshot of a volume at a first point in time and a second snapshot of the volume at a second point in time to identify differences of the volume between the first point in time and the second point in time, wherein the differences are identified at a volume level for data of the volume;
utilize configuration data, defining a subset of the data of the volume as a consistency group that includes less than all of the data of the volume, to filter the differences to generate a set of differences for the consistency group within the volume, wherein the filtering removes differences identified for data of the volume not included within the consistency group; and
replicate the set of differences, excluding the differences identified for data of the volume not included within the consistency group, to a destination node for creating a change log having a domain at a consistency group level or sub-consistency group level.
12. The non-transitory machine readable medium of claim 10, wherein the machine executable code causes the machine to:
determine whether a condition exists to trigger the application of the change log to data of the consistency group maintained at the destination node; and
in response to detecting the condition, apply the change log to the data of the consistency group maintained at the destination node.
Claims 1, 14 and 10 are of similar scope differing in being directed to a method vs. a medium, and as such, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to use the features of claims in either set of claims (independent and dependents therefrom) in the other with a reasonable expectation of successfully performing the method using a medium and processor.
16. The system of claim 15, wherein the instructions cause the system to:
create the consistency group to include a first subset of data of the volume and exclude a second subset of data of the volume.
16. The apparatus of claim 14, wherein the machine executable code causes the apparatus to:
utilize the configuration data during snapshot creation so that the first snapshot includes data of the consistency group and exclude other data within the volume that is not part of the consistency group.
17. The system of claim 15, wherein the instructions cause the system to:
define a domain for a change log of the one or more change logs, wherein the domain constrains the change log to an individual logical unit number, an individual virtual machine disk, or a file system within the consistency group.
8. The method of claim 1, comprising:
defining the change log to have the domain set for a logical unit number (LUN) within the consistency group.
18. The system of claim 15, wherein the instructions cause the system to:
apply, by the destination node, data operations to change data on the destination node in accordance with the set of differences; and
log metadata blocks in the one or more change logs that provide information about the set of differences.
11. The non-transitory machine readable medium of claim 10, wherein the machine executable code causes the machine to:
apply data operations to change data at the destination node in relation to the set of differences; and
log metadata blocks in the change log specify information about the set of differences.
19. The system of claim 15, wherein the instructions cause the system to:
determine that the one or more conditions are met based upon a request from a user or a backup schedule.
14. An apparatus…
evaluate a first snapshot of a volume at a first point in time and a second snapshot of the volume at a second point in time to identify differences of the volume between the first point in time and the second point in time, wherein the differences are identified at a volume level for data of the volume;
(evaluating at different times implies a backup schedule)
20. The system of claim 15, wherein the instructions cause the system to:
in response to determining that the set of differences modify a cloned copy of an original source file captured by a snapshot or modify the original source file, write changed data to a new data block not shared between the cloned copy and the original source file.
14. An apparatus…
utilize configuration data, defining a subset of the data of the volume as a consistency group that includes less than all of the data of the volume, to filter the differences to generate a set of differences for the consistency group within the volume, wherein the filtering removes differences identified for data of the volume not included within the consistency group; and
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 1-5, 7-12, and 14-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea of mental processes performed in the human mind or on pen and paper without significantly more.
As to claim 1, the claim recites the mental processes of a method comprising:
receiving, by a destination node from a source node, a set of differences for data that is part of a consistency group (A person can mentally read a set of differences presented to them to ‘receive’ them.);
processing, by the destination node, the set of differences to create one or more change logs (A person can mentally process the read differences to mentally create a change log with difference information. Said person could also write down differences in a log.);
performing, by the destination node, a check as to whether the one or more change logs are to be applied to data for the consistency group based upon whether one or more conditions are met (A person can mentally determine whether changes are to be applied based on comparing conditions they think of with the data they’ve mentally processed.); and
in response to the check determining that the one or more change logs are to be applied to data for the consistency group, applying updated data from the one or more change logs to volume data of a volume containing the consistency group (The limitation does not state how changes are applied or what the volume is. A volume can be printed data on paper or mentally known. Said person can mentally update their knowledge, or using pen and paper, update the printed volume with the updates from the change log.).
This judicial exception is not integrated into a practical application because there are no steps performed beyond the mental processes to possibly integrate it into a practical application. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because there are no additional elements.
As to claim 8, the claim recites the mental processes of a to:
receive, by a destination node from a source node, a set of differences for data that is part of a consistency group (A person can mentally read a set of differences presented to them to ‘receive’ them.);
process, by the destination node, the set of differences to create one or more change logs (A person can mentally process the read differences to mentally create a change log with difference information. Said person could also write down differences in a log.);
perform, by the destination node, a check as to whether the one or more change logs are to be applied to data for the consistency group based upon whether one or more conditions are met (A person can mentally determine whether changes are to be applied based on comparing conditions they think of with the data they’ve mentally processed.); and
in response to the check determining that the one or more change logs are to be applied to data for the consistency group, apply updated data from the one or more change logs to volume data of a volume containing the consistency group (The limitation does not state how changes are applied or what the volume is. A volume can be printed data on paper or mentally known. Said person can mentally update their knowledge, or using pen and paper, update the printed volume with the updates from the change log.).
This judicial exception is not integrated into a practical application because there are no steps performed beyond the mental processes to possibly integrate it into a practical application. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the features “non-transitory machine readable medium having stored thereon instructions comprising machine executable code which when executed by a machine, cause the machine” merely recite generic computer components intended to merely implement the abstract idea on a computer. See MPEP §2106.05(f).
As to claim 15, the claim recites the mental processes
to:
receive, by a destination node from a source node, a set of differences for data that is part of a consistency group (A person can mentally read a set of differences presented to them to ‘receive’ them.);
process, by the destination node, the set of differences to create one or more change logs (A person can mentally process the read differences to mentally create a change log with difference information. Said person could also write down differences in a log.);
perform, by the destination node, a check as to whether the one or more change logs are to be applied to data for the consistency group based upon whether one or more conditions are met (A person can mentally determine whether changes are to be applied based on comparing conditions they think of with the data they’ve mentally processed.); and
in response to the check determining that the one or more change logs are to be applied to data for the consistency group, apply updated data from the one or more change logs to volume data of a volume containing the consistency group (The limitation does not state how changes are applied or what the volume is. A volume can be printed data on paper or mentally known. Said person can mentally update their knowledge, or using pen and paper, update the printed volume with the updates from the change log.).
This judicial exception is not integrated into a practical application because there are no steps performed beyond the mental processes to possibly integrate it into a practical application. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the features “a system comprising: a processor; and a memory storing instructions that when executed by the processor cause the system to” merely recite generic computer components intended to merely implement the abstract idea on a computer. See MPEP §2106.05(f).
As to claims 2, 9, and 16, the claims are rejected for the same reasons as claims 1, 10, and 15 above. In addition, the claims recite the mental processes of creating the consistency group to include a first subset of data of the volume and exclude a second subset of data of the volume (A consistency group is nothing more than an abstract grouping of data, and a person can mentally group data into what they want as a consistency group.).
As to claims 3, 10, and 17, the claims are rejected for the same reasons as claims 1, 10, and 15 above. In addition, the claims recite the mental processes defining a domain for a change log of the one or more change logs, wherein the domain constrains the change log to an individual logical unit number, an individual virtual machine disk, or a file system within the consistency group (A person can mentally define a domain for their mental processing of the change log previously discussed.).
As to claims 4, 11, and 18, the claims are rejected for the same reasons as claims 1, 10, and 15 above. In addition, the claims recite the mental processes applying, by the destination node, data operations to change data on the destination node in accordance with the set of differences (A person can mentally alter remembered data or write down on paper.); and
logging metadata blocks in the one or more change logs that provide information about the set of differences (This merely describes the human processable data that a person can mentally process in the log or write down.).
As to claims 5, 12, and 19, the claims are rejected for the same reasons as claims 1, 10, and 15 above. In addition, the claims recite the mental processes determining that the one or more conditions are met based upon a request from a user or a backup schedule (A person can mentally determine conditions are made based on looking at a schedule.).
As to claims 7 and 14, the claims are rejected for the same reasons as claims 1, 10, and 15 above. In addition, the claims recite the mental processes generating a source snapshot capturing at least some of an instance of the consistency group at the source node (A person can make a mental snapshot of a small set of data, or write it down.);
generating a destination snapshot capturing at least some of an instance of the consistency group at the destination node, wherein the source snapshot and the destination captured capture different granularities of data (A person can make a mental snapshot of a small set of data, or write it down.); and
utilizing at least one of the source snapshot or the destination snapshot to apply the one or more change logs (A person can mentally process their snapshots to mentally and generically apply the change logs.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bono et al. (US 10,037,251 B1) discloses determining changes of a consistency group and to be replicated to a replica, writing the changes as entries in a log/journal, and applying the journaled changes to the replica (Fig. 11; Col. 14, Lines 25-33; Col. 16, Line 63-Col. 17, Line 10).
Goyal (US 2005/0165851 A1) discloses using consistency groups to replicate data between storage sites (Abstract, Fig. 4).
Doman et al. (US 7,072,911 B1) discloses using a transaction log to keep data set replicas consistent (Col. 1, Lines 18-40).
Brown et al. (US 2020/0081792 A1) discloses replicating data of consistency groups and using a bitmap to identify whether volumes are in a particular consistency group (Fig. 4; [0048])
Cohen et al. (cited in IDS filed 8/08/2025)(US 9,405,481 B1) discloses replicating a first and second volume to a consistency group file on a backup device, the first and second volumes both being part of a consistency group.
Natanzon (cited in IDS filed 8/08/2025) (US 9,135,120 B1) discloses moving a consistency group from a first replication cluster to a second replication cluster using snapshots of the consistency group and journaling.
Natanzon (cited in IDS filed 8/08/2025) (US 10,185,583 B1) discloses using differences between a first and second point in time of a volume to replicate difference data corresponding to consistency groups.
Revur et al. (cited in IDS filed 8/08/2025) (US 9,218,252 B1) discloses taking snapshots of LUNs to form consistency groups.
Taylor et al. (cited in IDS filed 8/08/2025) (US 9,063,892 B1) discloses taking snapshots of LUNs which form a consistency group. Changed data can be used to restore data to a point in time.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES E RICHARDSON whose telephone number is (571)270-1917. The examiner can normally be reached Mon-Fri 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sherief Badawi can be reached at (571) 272-9782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James E Richardson/Primary Examiner, Art Unit 2169
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