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 .
DETAILED ACTION
The pending claims 1-20 are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/06/2025 has been considered by the examiner. Please see attached PTO-1449.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. It is important that the abstract not exceed 150 words in length since the space provided for the abstract on the computer tape used by the printer is limited. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc.
Line 1recites “In some examples” is a phrase that can be implied and not clear.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of Patent 12,423,318.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the inventions are obvious variants. Claim 1 of the Instant application substantially recites the limitations of claim 1 of Patent 12,423,318 as shown in comparison table below.
Instant Application
Patent 12,423,318
1, a system, comprising: a memory storing instructions; and one or more processors coupled with the memory storing instructions that, when executed, perform operations comprising at least:
registering a host database at a backup service by connecting a backup node cluster to a host database node cluster;
triggering, based on host registration, an automatic host database discovery process to discover one or more undiscovered databases, the automatic host database discovery process using file metadata obtained by the host database node cluster;
discovering one or more databases based at least in part on one or more changes in the file metadata;
identifying a current working directory from a set of processes running on a host directory of the one or more discovered databases;
connecting to the one or more discovered databases via a home path of the current working directory and in accordance with an instance security identifier; and
running one or more queries against the one or more discovered databases to obtain a set of database properties associated with the one or more discovered databases.
5, the system of claim 1, wherein connecting to the one or more discovered databases comprises: adding or removing the one or more discovered databases from the host database node cluster in accordance with a periodicity, wherein the periodicity is based at least in part on the changes in the file metadata
1. A system, comprising: a memory storing instructions; and one or more processors coupled with the memory storing instructions that, when executed, perform operations comprising at least:
registering a host database at a backup service by connecting a backup node cluster to a host database node cluster;
triggering, based on host registration, an automatic host database discovery process to discover one or more undiscovered databases, the automatic host database discovery process using file metadata obtained by the host database node cluster;
discovering one or more databases based at least in part on one or more changes in the file metadata;
monitoring for changes in the one or more discovered databases based at least in part on changes in the file metadata; and
modifying a quantity of the one or more discovered databases based at least in part on the discovery of the one or more databases, wherein the modifying comprises adding or removing the one or more discovered databases from the host database node cluster.
Although the conflicting claims are not identical, they are not patentably distinct from each other because they are substantially similar in scope and they use the same limitations.
It would have been obvious to a person of ordinary skill in the art at the time the invention was made to omit the additional elements “identifying a current working directory from a set of processes running on a host directory of the one or more discovered databases;
connecting to the one or more discovered databases via a home path of the current working directory and in accordance with an instance security identifier; and running one or more queries against the one or more discovered databases to obtain a set of database properties associated with the one or more discovered databases” of claims 1 of the Instant application to arrive at the claim 1 of Patent 12,423,318 because the person would have realized that the remaining element would perform the same functions as before. “Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U. S. Court of Customs and Patent Appeals.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAU SHYA MENG whose telephone number is (571)270-1634. The examiner can normally be reached 9AM-5PM EST M-F.
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/JAU SHYA MENG/Primary Examiner, Art Unit 2168
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