Prosecution Insights
Last updated: October 01, 2026
Application No. 19/282,544

METHODS AND SYSTEMS TO REDUCE LATENCY OF INPUT/OUTPUT (I/O) OPERATIONS BASED ON CONSISTENCY POINT OPTIMIZATIONS DURING CREATION OF COMMON SNAPSHOTS FOR SYNCHRONOUS REPLICATED DATASETS OF A PRIMARY COPY OF DATA AT A PRIMARY STORAGE SYSTEM TO A MIRROR COPY OF THE DATA AT A CROSS-SITE SECONDARY STORAGE SYSTEM

Non-Final OA §103
Filed
Jul 28, 2025
Priority
Oct 28, 2022 — IN 202241061494 +1 more
Examiner
FILIPCZYK, MARCIN R
Art Unit
Tech Center
Assignee
Netapp Inc.
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
2y 3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
297 granted / 462 resolved
+4.3% vs TC avg
Strong +37% interview lift
Without
With
+37.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
12 currently pending
Career history
487
Total Applications
across all art units

Statute-Specific Performance

§101
13.6%
-26.4% vs TC avg
§103
33.8%
-6.2% vs TC avg
§102
34.3%
-5.7% vs TC avg
§112
7.1%
-32.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 462 resolved cases

Office Action

§103
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 action is responsive to application filed on 7/28/25. This application is a DIV of 18/148,644 and claims priority from a foreign application dating 10/28/22. Claims 1-20 are presented for examination. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hutcheson et al (USPN. 2020/0159625) in view of Cox et al (USPN. 2007/0233980). Regarding claims 1, 9 and 17, Hutcheson teaches a distributed storage system having a primary storage site with a first storage node and a secondary storage site with a second storage node comprising (fig. 11A, storage systems with sync processing): one or more processing resources (fig. 11A, Server 1106); and a non-transitory computer-readable medium coupled to the one or more processing resources, having stored therein instructions, which when executed by the one or more processing resources cause the one or more processing resources to (fig. 11A, requests and responses performed by instructions): block input/output (I/O) operations for first and second storage objects of a batch having a plurality of replicated datasets with each replicated dataset having a synchronous replication relationship between at least one storage object of the first storage node and at least one replicated storage object of a second storage node (par. 275, data blocks are fetched in batches based on associated dataset equated to comprising a relationship. See also pars. 102, 112 and 175, the look ahead optimization looks at current blocks whether changed and delays copying on the merit); initiate a coalescing consistency point for storage objects of the batch for the first storage node to copy unwritten data in one or more memory systems of the first storage node to one or more physical storage devices of the primary storage site and connected to the first storage node when the storage objects of the batch for the first storage node have completed a snapshot (par. 378, take snapshots and combine them into a single stream communication to be sent over a single connection to the replication target. Paragraphs. 70-71, teach “indication that the operating system has written to a block of the source volume”, and “add an identifier corresponding to the written-to-block to a list of modified blocks” the citation teaches identifying unwritten data and managing it as taught in par. 379, wherein snapshots from a queue are ordered by rules for replications by a queueing module and replication module). To the degree that Hutcheson does not explicitly teach the unwritten data is temporarily stored, storing any data temporarily is well known in storage systems. One such system, Cox, teaches writing data to a temporary storage (fig. 4, pars. 113 and 313, data is written to data field of temporary storage, Cox). It would have been obvious to one of ordinary skill in the field before the effective filing date to store unwritten data to temporary storage as done in Cox by using temporary storage (fig. 4, Cox). One would have been motivated to store data in temporary storage to reduce resources. Hutcheson modified in view of Cox teach, independently unblock input/output (I/O) operations for the first storage object in the first replicated dataset and the second storage object in the second replicated dataset to reduce delay in performing I/O operations (pars. 379-380, unblocking data equated to processing/aggregating snapshot, Hutcheson). 2. Hutcheson modified in view of Cox teach, unblocking input/output (I/O) operations for the first storage object at a first time and unblocking input/output (11O) operations for the second storage object at a second time (pars. 379-380, processing/aggregating snapshots at multiple storage systems, Hutcheson). 3. Hutcheson modified in view of Cox teach, wherein a dependent write order consistency of replication operations for the replicated datasets is maintained (par. 46, consistent managing of source volume using copy-on-write mode before copying to the target volume, Hutcheson). 4. Hutcheson modified in view of Cox teach, wherein the coalescing consistency point provides a single consistency point for all storage objects of the batch (par. 378, single stream processing by all nodes, Hutcheson, and further see par. 330, single consistency group, Cox). 5. Hutcheson modified in view of Cox teach, further comprising: performing a create snapshot work operation when no consistency point is currently in progress (par. 84, create restore point by creating snapshots by way of tracking/maintaining a queue of snapshots to replicate, Hutcheson). 6. Hutcheson modified in view of Cox teach, further comprising: determining whether all storage objects of the batch for the first storage node have completed a snapshot, wherein the coalescing consistency point provides a single consistency point for all storage objects of the batch (par. 378, single stream processing by all nodes, Hutcheson, and further see par. 330, single consistency group, Cox). 7. Hutcheson modified in view of Cox teach waiting for all storage objects of the batch for the first storage node to complete the snapshot when all storage objects of the batch for the first storage node have not completed the snapshot and proactively accelerating the coalescing consistency point when all storage objects of the batch for the first storage node have completed the snapshot (pars. 201 and 379, wait before performing backup based on some service being backed up, also note that queueing module has orchestration function and keeps track when to replicate, wherein when ready the orchestration accelerates the consistency, Hutcheson). 8. Hutcheson modified in view of Cox teach, wherein if a consistency point is triggered from a timer, a watermark setting, or a log of the one or more memory systems being full, the entire batch of storage objects for the first storage node is not held to finish (pars. 111 and 127, a crash consistent source volume is time dependent on when the OS entered copy-on-write mode, Hutcheson). System claims 10-16 and medium claims 18-20 comprise substantially the same subject matter as rejected method claims 2-8 above, and are therefore rejected on the merits. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure in the field of replication and managing data objects: USPN. 2022/0405262: pars. 20 and 52, replication and relationships Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCIN R FILIPCZYK whose telephone number is (571)272-4019. The examiner can normally be reached M-F 7-4 EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kavita Stanley can be reached at 571-272-8352. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. September 3, 2026 /MARCIN R FILIPCZYK/Primary Examiner, Art Unit 2153
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Prosecution Timeline

Jul 28, 2025
Application Filed
Sep 09, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
64%
Grant Probability
99%
With Interview (+37.3%)
3y 5m (~2y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 462 resolved cases by this examiner. Grant probability derived from career allowance rate.

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