WDETAILED ACTION
Notice of Pre-AIA or AIA Status
The Action is res e present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The Action is responsive to the Application filed 10/14/2025.
Please note claims 1-15 are pending and stand objected to in which claims 1, 10 and 14 are independent.
Foreign Priority
Applicant’s claim for the benefit of a prior-filed U.K. Patent Applications GB GB2305549.4, filed 04/14/2023 and 2403087.6 filed 03/04/2024 under 35 U.S.C. § 119(a)-(d) or under 35 U.S.C. § 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
The information disclosure statements filed 10/14/2025 are compliant with 37 CFR 1.97(c) and herein have been considered. Its corresponding PTO-1449 have been electronically signed as attached.
Claim Interpretation
A “patent is invalid for indefiniteness if its claims, read in light of the specification delineating the patent, and the prosecution history, fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention.” Nautilus, Inc. v. Biosig Instruments, Inc., 134 S.Ct. 2120, 2124, 110 USPQ2d 1688 (2014). The Office does not interpret claims when examining patent applications in the same manner as the courts. The Office construes claims by giving them their broadest reasonable interpretation during prosecution in an effort to establish a clear record of what the applicant intends to claim. See, MPEP 2173.02 (Determining Whether Claim Language is Definite). Such claim construction during prosecution may effectively result in a lower threshold for ambiguity than a court's determination. Id. However, Applicant has the ability to amend the claims during prosecution to ensure that the meaning of the language is clear and definite prior to issuance or provide a persuasive explanation (with evidence as necessary) that a person of ordinary skill in the art would not consider the claim language unclear. Id. (citing In re Buszard, 504 F.3d 1364, 1366 (Fed. Cir. 2007) (claims are given their broadest reasonable interpretation during prosecution “to facilitate sharpening and clarifying the claims at the application.
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 therefore, subject to the conditions and requirements of this title.
Claims 1-13 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to non-statutory subject matter.
As per claim 1, the claim recites "A communication system comprises at least one unstructured data storage function (UDSF) node, wherein the at least one UDSF node comprises:
an unstructured data storage manager (UDSM) configured as a first functional entity; and
an unstructured data storage repository (UDSR) operably coupled to the UDSM and configured as a plurality of individual data stores that form a distributed unstructured data-plane database that is managed by the UDSM".
As such, claim 1 recites a system comprising of USDF node(s) which comprises of USDM and USDR coupled to the USDF and configured as data stores to form data-plane database.
First, the UDSM is recited as a data manager configured as a functional entity. As such, the data manager is a software implemented module or model as an entity for performing managing function(s).
Accordingly, USDM is not a hardware device and is lack of physically structured component.
Concerning USDR, as generally comprehended, a data-plane database may be software implemented instance as a set of modules or models. The data stores to form the database were not described explicitly, in the Specification, as a hardware device comprising of physically structured component.
The system comprising of a data storage function node in a hierarchy of in-plane database, data store and data repository which may be implemented as software modules or models even being capable of performing specific functions of method steps that does not place the system as a physically structured computer system equipped with memory, processor or any physically structured hardware as component(s).
Accordingly, the modules and model are clearly not a machine or an article of manufacture having physical supporting structure, are not a series of steps or act as a processor, nor a combination of chemical compounds to be a composition of matter. As such, they fail to fall within a statutory category. They are, at best, functional descriptive material per se.
Descriptive material can be characterized as either “functional descriptive material” or “nonfunctional descriptive material.” Both types of “descriptive material” are non-statutory when claimed as descriptive material per se, 33 F.3d at 1360, 31 USPQ2d at 1759. When functional descriptive material is recorded on some computer-readable medium, it becomes structurally and functionally interrelated to the medium and will be statutory in most cases since use of technology permits the function of the descriptive material to be realized. Compare In re Lowry, 32 F.3d 1579, 1583-84, 32 USPQ2d 1031, 1035 (Fed. Cir. 1994).
Merely claiming non-functional descriptive material, i.e., even if stored on a computer-readable medium, in a computer, executed by a processor, or on an electromagnetic carrier signal, abstract ideas does not make it statutory. See Diehr, 450 U.S. at 185-86, 209 USPQ at 8: (noting that the claims for an algorithm in Benson were unpatentable as abstract ideas because “the sole practical application of the algorithm was in connection with the programming of a general purpose computer”).
As per claims 2-9, the claims directly or indirectly depend upon claim 1, inherit the deficiency of being non-statutory and do not remedy the deficiency.
Accordingly, claims 2-9 are rejected along the same rationale that rejected claim 1.
As per claim 10, the claim recites "An unstructured data storage manager (UDSM) configured as a first functional entity in an unstructured data storage function (UDSF) node and configured to be operably coupled to an unstructured data storage repository (UDSR) that comprises a plurality of individual data stores that form a distributed unstructured data-plane database that is managed by the UDSM".
Accordingly, the claim recites subject matters of a data storage manager configured as a functional entity for performing data storage manager function. The recited functional entity is in a hierarchy of in-plane database, data store and data repository. The hierarch may be implemented as software modules or models even being capable of performing specific functions of method steps that does not place the system as a physically structured computer system equipped with memory, processor or any physically structured hardware as component(s).
The data storage manager of functional oriented entity structured as a hierarchy of in-plane database, data store and data repository which may be implemented as software modules or models, even being capable of performing specific functions of method steps that does not place the system as a physically structured computer system equipped with memory, processor or any physically structured hardware as component(s).
Accordingly, the modules and model are clearly not a machine or an article of manufacture having physical supporting structure, are not a series of steps or act as a processor, nor a combination of chemical compounds to be a composition of matter. As such, they fail to fall within a statutory category. They are, at best, functional descriptive material per se.
Descriptive material can be characterized as either “functional descriptive material” or “nonfunctional descriptive material.” Both types of “descriptive material” are non-statutory when claimed as descriptive material per se, 33 F.3d at 1360, 31 USPQ2d at 1759. When functional descriptive material is recorded on some computer-readable medium, it becomes structurally and functionally interrelated to the medium and will be statutory in most cases since use of technology permits the function of the descriptive material to be realized. Compare In re Lowry, 32 F.3d 1579, 1583-84, 32 USPQ2d 1031, 1035 (Fed. Cir. 1994).
Merely claiming non-functional descriptive material, i.e., even if stored on a computer-readable medium, in a computer, executed by a processor, or on an electromagnetic carrier signal, abstract ideas does not make it statutory. See Diehr, 450 U.S. at 185-86, 209 USPQ at 8: (noting that the claims for an algorithm in Benson were unpatentable as abstract ideas because “the sole practical application of the algorithm was in connection with the programming of a general purpose computer”).
As per claims 11-13, the claims directly or indirectly depend upon claim 10, inherit the deficiency of being non-statutory and do not remedy the deficiency.
Accordingly, claims 11-13 are rejected along the same rationale that rejected claim 10.
Claims 1-15 are also rejected under 35 U.S.C. § 101 because the claimed invention is directed to non-statutory subject matter.
Remarks: Hereafter the claim limitation may also be referred interchangeably as element or step.
As per Claims 1, 10 and 14, the claims respectively recite
a communication system comprises at least one unstructured data storage function (UDSF) node, wherein the at least one UDSF node comprises:
an unstructured data storage manager (UDSM) configured as a first functional entity, and
an unstructured data storage repository (UDSR) operably coupled to the UDSM and configured as a plurality of individual data stores that form a distributed unstructured data-plane database that is managed by the UDSM;
an unstructured data storage manager (UDSM) configured as a first functional entity in an unstructured data storage function (UDSF) node and configured to be operably coupled to an unstructured data storage repository (UDSR) that comprises a plurality of individual data stores that form a distributed unstructured data-plane database that is managed by the UDSM; and
a method for deploying a distributed unstructured data-plane in a communication system that comprises at least one unstructured data storage function (UDSF) node,
wherein the at least one UDSF node comprises an unstructured data storage manager (UDSM) operably coupled to an unstructured data storage repository (UDSR), the method comprising:
configuring the UDSM, as a first functional entity;
configuring the UDSR as a plurality of individual data stores that form a distributed unstructured data-plane database; and
managing the UDSR and the plurality of individual data stores that form a distributed unstructured data-plane database by the UDSM.
a). In analyzing under step 2A Prong One, Does the claim recite an abstract idea law of nature or natural phenomenon? Yes.
The texts of claims 1 are drafted as a system of a data storage function node in a hierarchy of in-plane database, data store and data repository, mainly configured as a data manager and a data repository.
The texts of claim 10 are drafted as a data storage manager configured as a functional entity in a for performing data storage manager function. The recited functional entity is in a data storage function node of a hierarchy of in-plane database, data store and data repository.
The limitations of the claims as briefly described are configuring or managing the storage functional node or functional entity. The limitations are merely processes that, under its broadest reasonable interpretation, cover mental processes – concepts performed in the human mind (observation, evaluation, judgment and opinion).
The limitations are mere data gathering, which is recited at a high level of generality, is thus an insignificant extra-solution activity and is clearly an abstract idea of concepts of observation performed in human mind. The limitation falls into the "mental processes" grouping of abstract ideas.
As described above, for example, a warehouse inventory control and storage management is a similar activity that can be performed in human mind as a routine.
As per claim 14, the claim recites a method for deploying a data-plane in a system of data storage function (UDSF) node(s) comprises the steps (limitations) of configuring the data manager as a functional entity, configuring the data storage repository as data stores to form data-plane database and managing the data storage repository. The configuring and managing steps are mere data gathering and outputting being recited a high level of generality, is thus an insignificant extra-solution activity and is clearly an abstract idea of concepts of observation, evaluation and judgment performed in human mind, optionally with a pencil and a sheet of paper. The limitations clearly falls into the "mental processes" grouping of abstract ideas.
As the example described, similar activities of distributing of inventory in the warehouse and bookkeeping the inventory can be performed in human mind and be noted on paper.
With respect to the above process of extremely low limited number of operations, there isn’t any qualifying or refining condition(s) to the limitations as included and analyzed in the above descriptions that provides nothing that precludes the steps from practically being conceptually performed in the mind by observation, evaluation, judgement and opinion or from being grouped as mental processes, nor precluding the steps from mathematical calculations in the group of mathematical concepts, belonging to the Groupings of Abstract Ideas.
Considering claims 1, 10 and 14 in combination, with respect to all limitations as recited, all can be analogously interpreted similarly to human mental activities such as warehouse inventory above, the limitations clearly belong to a group of abstract ideas as mental process as concepts that can be performed in the human mind, and a group of abstract ideas.
As such, the set of limitations are clearly an abstract idea of mental processes of observation, evaluation, opinion and judgement that can be performed in human mind optionally with or without the help of paper and pencil, also are clearly mental processes falls in the group of abstract ideas.
The claim limitations, under its broadest reasonable interpretation, covers performance of the steps in the mind but for the recitation of generic hardware components, then it falls within the “Mental Processes” (thinking) that “can be performed in the human mind, or by a human” grouping as abstract ideas, as the Examiner utilized the example of cooking session as similar activities.
Therefore, there are the steps that can be performed mentally, or which are the equivalent of human mental work in the group of mental processes are unpatentable abstract ideas that the ‘basic tools of scientific and technological work’ are open to all.
Accordingly, claims 1, 10 and 14 recite an abstract idea.
b) In analyzing under step 2A Prong Two, Does the claim recite additional elements that integrate the judicial exception into a practical application? NO.
This judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements – “computer processor” and “memory”. The additional components are generic even recited as additional limitations, however, do not preclude claims 1, 15 and 8 from reciting an abstract idea. For instance, as the above detailed analysis on the three minimal limitations as abstract ideas that can be performed mentally in mind by human, without reciting any “additional element” to integrate the judicial exception into a practical application.
The processes of receiving necessities for performing an action and providing indication of completed such that it amounts no more than mere instructions to apply the exception even if using a generic computer components, processing unit(s), memory and computer readable medium for the processes. That is, the limitations represent well-understood, routine, conventional activity (See MPEP 2106.05(g) or 2106.05(d) for receiving or transmitting data over a network, e.g. see Intellectual Ventures v. Symantec; Storing and retrieving information in memory: Versata; Analyzing data: Genetic Techs; Determining: OIP Techs; Electronic recordkeeping: Alice Corp). Accordingly, even considering all the elements as additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. As such, the claims are directed at abstract ideas.
c) In analyzing under step 2B, does the claim recite additional elements that amount to significantly more than the judicial exception? NO
Claims 1, 10 and 14 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, there are simply no additional elements adding to the already analyzed some few minimal steps of performing some actions. The action steps represent well-understood, routine, conventional activity previously known to the industry and are specified at a high level of generality, and in the context of the limitations reciting performing action that can be practically performed in the human mind and may be considered to fall within the mental process and mathematical concepts groupings.
As such, the limitations represent well-understood, routine, conventional activity (See MPEP 2106.05(g) or 2106.05(d) for receiving or transmitting data over a network, e.g. see Intellectual Ventures v. Symantec; Storing and retrieving information in memory: Versata; Analyzing data: Genetic Techs; Determining: OIP Techs; Electronic recordkeeping: Alice Corp). The claims are not patent eligible.
Dependent claims 2-9, 11-13 and 15 include all the limitations of claims 1, 10 and 14, respectively. Therefore, claims 2-9, 11-13 and 15 recite the same abstract idea of concepts of in the human mind by observation, evaluation, opinion and judgement that can practically be performed in the mind grouping as mental processes or recite mathematical calculations in the group of mathematical concepts. As such, the analysis must therefore proceed to Step 2A Prong Two.
Accordingly, dependent claims 2-9, 11-13 and 15 recite no additional elements that are sufficient to amount to significantly more than the judicial exception as defined in independent claims 1, 10 and 14, respectively.
In particular,
Claim 2 recites "The communication system of claim 1, wherein the communication system is one of a fifth generation (5G), a sixth generation (6G), a third generation partnership project (3GPP), or a core network, wherein the UDSM is configured to add and delete UDSRs from the UDSF node, wherein the UDSM is configured to employ sharding that load-balances data across the plurality of individual data stores in the UDSR, wherein the UDSM is configured to employ horizontal hash-based sharding to distribute one or more datasets across multiple databases contained within the plurality of individual data stores in the UDSR, or wherein the UDSM is configured to employ one of a range based horizontal hash-based sharding or a dictionary-based horizontal hash-based sharding".
Claim 2 recites several abstract ideas, including steps of "add and delete" and "range" are mathematical calculations that fall within the "mathematical concepts" grouping of abstract ideas. As per the sharding element, there is nothing in the element that precludes the step from being practically performed in the mind by dividing data on paper. As such, the element (limitation recites) a mental process.
In analyzing under step 2B, The claim does not provide an inventive concept (amounting significantly more than the abstract idea). Therefore, the claim is ineligible.
Claim 3 recites " The communication system of claim 1, further comprising; a plurality of network functions (NFs) operably coupled to the UDSM, wherein the UDSM is configured to divide up incoming data from requesting NFs and store unstructured divided up data across the plurality of individual data stores of the UDSR, and thereby remove overheads from a requesting NF when it selects a shard.".
Claim 3 recites abstract ideas, including step of " divide up incoming data" is mathematical calculations that fall within the "mathematical concepts" grouping of abstract ideas. As per the divide up incoming data element, there is nothing in the element that precludes the step from being practically performed in the mind by dividing data on paper. As such, the element (limitation recites) a mental process.
In analyzing under step 2B, The claim does not provide an inventive concept (amounting significantly more than the abstract idea). Therefore, the claim is ineligible.
Claim 4 recites "the communication system of claim 1, wherein a single UDSF comprises a first UDSM and a first UDSR, wherein the single UDSF is configured to perform hierarchical deployment of at least one further UDSM and at least one further UDSR, whilst the first UDSM manages data across the plurality of individual data stores at the first UDSR, wherein the UDSM is operably coupled to at least one , network repository function (NRF) that is configured to maintain profiles of a plurality of UDSMs using an NRF interface, Nnrf_NFManagement, wherein the UDSM is configured to subscribe to notifications in a context of discovery of yet further UDSRs whenever the yet further UDSRs register, deregister or update themselves with the at least one NRF, or wherein the UDSM is configured to subscribe to notifications in a context of discovery of yet further UDSRs by creating a new individual resource under a collection resource of subscriptions.".
Claim 4 recites several abstract ideas. "Deployment", "register, deregister or update" and "maintain profiles" are merely data gathering and "subscribe" is a data outputting. Data gathering and outputting may be practically performed in the human mind using observation, evaluation, judgment, and opinion. Data gathering and outputting are recited at a high level of generality, and thus are insignificant extra-solution activity.
In analyzing under step 2B, The claim does not provide an inventive concept (amounting significantly more than the abstract idea). Therefore, the claim is ineligible.
Claim 6 recites "The communication system of claim 4, wherein the UDSR is configured to register itself in the NRF via a NFRegister interface by providing its network function (NF) profile to the NRF, and in response thereto the NRF identifies a requesting UDSR NF as being available to be discovered by other NFs, or wherein the UDSM is configured to use a NFStatusNotify interface to notify at least one UDSM service consumer that is subscribed to receiving notifications of registration/deregistration of at least one of an UDSR that registers, deregisters or updates itself, a notification of a change of an NF profile of a NF."
Claim 6 recites several abstract ideas. "Identifies", "register, deregister or update" and "maintain profiles" are merely data gathering which may be practically performed in the human mind using observation, evaluation, judgment, and opinion. Data gathering and outputting are recited at a high level of generality, and thus are insignificant extra-solution activity.
In analyzing under step 2B, The claim does not provide an inventive concept (amounting significantly more than the abstract idea). Therefore, the claim is ineligible.
Claim 5 recites "The communication system of claim 1, Wherein the UDSM is configured to subscribe to notifications in a context of discovery of yet further UDSRs in the same public land mobile network, (PLMN).".
The element "subscribe" is a data outputting. Data outputting may be practically performed in the human mind using observation, evaluation, judgment, and opinion. Data gathering and outputting are recited at a high level of generality, and thus are insignificant extra-solution activity.
In analyzing under step 2B, The claim does not provide an inventive concept (amounting significantly more than the abstract idea). Therefore, the claim is ineligible.
Claim 7 recites "The communication system of claim 1, wherein the UDSM is configured to implement a Nudsm interface when communicating with a network function (NF)."
Claim 7 recites the limitation "implement"" is a data outputting. Data outputting may be practically performed in the human mind using observation, evaluation, judgment, and opinion. Data gathering and outputting are recited at a high level of generality, and thus are insignificant extra-solution activity.
In analyzing under step 2B, The claim does not provide an inventive concept (amounting significantly more than the abstract idea). Therefore, the claim is ineligible.
As per claim 8, the claim recites "The communication system of claim 1, wherein at least one of the plurality of individual data stores of the UDSR is configured to implement a Nudsr interface when communicating with a network function (NF)."
The configuring and implementing steps are mere data gathering and outputting being recited a high level of generality, is thus an insignificant extra-solution activity and is clearly an abstract idea of concepts of observation, evaluation and judgment performed in human mind, optionally with a pencil and a sheet of paper. The limitations clearly falls into the "mental processes" grouping of abstract ideas.
As the example described, similar activities of distributing of inventory in the warehouse and bookkeeping the inventory can be performed in human mind and be noted on paper.
In analyzing under step 2B, The claim does not provide an inventive concept (amounting significantly more than the abstract idea). Therefore, the claim is ineligible.
As per claim 9, the claim recites "The communication system of claim 1, wherein a single UDSM is configured to deploy two UDSMs, a first UDSM configured to operate as a master UDSM and a second UDSM configured to operate as a slave UDSM in a master-slave implementation."
Claim 9 recites several abstract ideas. "deploy" and "operate" are merely data outputting and gathering. Data gathering and outputting may be practically performed in the human mind using observation, evaluation, judgment, and opinion. Data gathering and outputting are recited at a high level of generality, and thus are insignificant extra-solution activity.
In analyzing under step 2B, The claim does not provide an inventive concept (amounting significantly more than the abstract idea). Therefore, the claim is ineligible.
Claim 11 recites " The UDSM of claim 10, wherein the UDSM is configured to add and delete UDSRs from the UDSF node, wherein the UDSM is configured to employ sharding that load-balances data across the plurality of individual data stores in the UDSR, wherein the UDSM is configured to employ horizontal hash-based sharding to distribute one or more datasets across multiple databases contained within the plurality of individual data stores in the UDSR, or wherein the UDSM is configured to employ one of a range based horizontal hash-based sharding, or a dictionary-based horizontal hash-based sharding."
Claim 11 recites several abstract ideas including steps of "add and delete", "sharding", "load-balances" and "range" are mathematical calculations that fall within the "mathematical concepts" grouping of abstract ideas. As per the sharding element, there is nothing in the element that precludes the step from being practically performed in the mind by dividing data on paper. As such, the element (limitation recites) a mental process.
The "employ" is merely a data gathering and outputting. Data gathering and outputting may be practically performed in the human mind using observation, evaluation, judgment, and opinion. Data gathering and outputting are recited at a high level of generality, and thus are insignificant extra-solution activity.
In analyzing under step 2B, The claim does not provide an inventive concept (amounting significantly more than the abstract idea). Therefore, the claim is ineligible.
As per claim 12, the claim recites "The UDSM of claim 10, wherein the UDSM is configured to be operably coupled to a plurality of network functions (NFS) and the UDSM is configured to divide up data across the plurality of individual data stores of the UDSR, and thereby remove overheads from a requesting NF when it selects a shard, wherein the UDSM is operably coupled to at least one network repository function (NRF) that is configured to maintain profiles of a plurality of UDSMs using an NRF interface, Nnrf NFManagement, or wherein the UDSM is configured to subscribe to notifications in a context of discovery of yet further UDSRs whenever the UDSR registers, deregisters or updates itself with the at least one NRF."
Claim 12 recites several abstract ideas including step of "divide up data across" is mathematical calculations that fall within the "mathematical concepts" grouping of abstract ideas. As per the sharding element, there is nothing in the element that precludes the step from being practically performed in the mind by dividing data on paper. As such, the element (limitation recites) a mental process; and the steps of "configured", "maintain" are merely data gathering and "subscribe" is a data outputting. Data gathering and outputting may be practically performed in the human mind using observation, evaluation, judgment, and opinion. Data gathering and outputting are recited at a high level of generality, and thus are insignificant extra-solution activity.
In analyzing under step 2B, The claim does not provide an inventive concept (amounting significantly more than the abstract idea). Therefore, the claim is ineligible.
As per claim 13, the claim recites "The UDSM of claim 10, wherein the UDSM is configured to subscribe to notifications in a context of discovery of yet further UDSRs by creating a new individual resource under a collection resource of subscriptions, or wherein the UDSM is configured to subscribe to notifications in a context of discovery of yet further UDSRs in the same public land mobile network (PLMN).".
Claim 13 recite several abstract ideas, including "subscribe" is a data outputting. Data gathering and outputting may be practically performed in the human mind using observation, evaluation, judgment, and opinion. Data gathering and outputting are recited at a high level of generality, and thus are insignificant extra-solution activity.
In analyzing under step 2B, The claim does not provide an inventive concept (amounting significantly more than the abstract idea). Therefore, the claim is ineligible.
As per claim 15, the claim recites "The method of claim 14, further comprising: performing a load-balancing between the plurality of individual data stores of the UDSR by the UDSM when distributing unstructured data-plane data.".
Claim 15 recites several abstract ideas including step of "load-balances" which is mathematical calculations that fall within the "mathematical concepts" grouping of abstract ideas. As per the load balancing element, there is nothing in the element that precludes the step from being practically performed in the mind by dividing data on paper.
The step of "distributing" is a data outputting. Data gathering and outputting may be practically performed in the human mind using observation, evaluation, judgment, and opinion. As such, the element (limitation recites) a mental process.
In analyzing under step 2B, The claim does not provide an inventive concept (amounting significantly more than the abstract idea). Therefore, the claim is ineligible.
In conclusion, the limitations of the claims 2-9, 11-13 and 15 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, all the elements of the claims as discussed and analyzed above represent well-understood, routine, conventional activity previously known to the industry and are specified at a high level of generality (See MPEP 2106.05(g) or 2106.05(d) for receiving or transmitting data over a network, e.g. see Intellectual Ventures v. Symantec; Storing and retrieving information in memory: Versata; Analyzing data: Genetic Techs; Determining: OIP Techs; Electronic recordkeeping: Alice Corp). The claims are not patent eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 7, 9-10, 12 and 14 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by
Li et al.: "NON-STRUCTURED DATA STORAGE METHOD AND BLOCKCHAIN" (China Patent Application Document CN 112818061 A, DATE PUBLISHED 2021-05-18; and DATE FILED 2021-02-02, hereafter "Li").
As per claim 1, Li teaches a communication system comprises at least one unstructured data storage function (UDSF) node, wherein the at least one UDSF node comprises:
an unstructured data storage manager (UDSM) configured as a first functional entity (See Page 16, Step S701: the blockchain-structured data management node initiates the unstructured data storage request to the non-structured data management node; and Step S702: the unstructured data management node generates the public and private key pair Pub and Priv actually used for encrypting and decrypting. Here the non-structured data management node taches the first functional entity configured as the non-structured data management, the manager, the UDSM); and
an unstructured data storage repository (UDSR) operably coupled to the UDSM and configured as a plurality of individual data stores that form a distributed unstructured data-plane database that is managed by the UDSM (See Pages 17-18, Step S702: … the unstructured data management node broadcasts file coding file ID, threshold encryption parameter v [], threshold encryption public key Pub, the unstructured data storage node i unicast share [i], data of the file segment to the unstructured data storage node. Step S703: the non-structured data storage node establishes the control relation of file ID and receiving data segment addressing information, recording to the local storage. Further at Page 24, the plurality of backup file is distributed to the different unstructured data storage node[s]. Here the non-structured data storage node teaches the unstructured data storage repository operably coupled to the UDSM and configured as a plurality of individual data stores that form a distributed unstructured data-plane database that is managed).
As per claim 10, Li teaches an unstructured data storage manager (UDSM) configured as a first functional entity in an unstructured data storage function (UDSF) node and configured to be operably coupled to an unstructured data storage repository (UDSR) that comprises a plurality of individual data stores that form a distributed unstructured data-plane database that is managed by the UDSM (See Pages 16-18 and 24, Step S701: the blockchain-structured data management node initiates the unstructured data storage request to the non-structured data management node; Step S702: the unstructured data management node generates the public and private key pair Pub and Priv actually used for encrypting and decrypting; Step S702: … the unstructured data management node broadcasts file coding file ID, threshold encryption parameter v [], threshold encryption public key Pub, the unstructured data storage node i unicast share [i], data of the file segment to the unstructured data storage node. Step S703: the non-structured data storage node establishes the control relation of file ID and receiving data segment addressing information, recording to the local storage; and the plurality of backup file is distributed to the different unstructured data storage node[s]).
As per claim 14, Li teaches a method for deploying a distributed unstructured data-plane in a communication system that comprises at least one unstructured data storage function (UDSF) node (See Page 16, Step S701: the blockchain-structured data management node initiates the unstructured data storage request to the non-structured data management node; and Step S702: the unstructured data management node generates the public and private key pair Pub and Priv actually used for encrypting and decrypting. Here the non-structured data management node taches the first functional entity configured as the non-structured data management, the manager, the UDSM for the unstructured data storage function (UDSF)),
wherein the at least one UDSF node comprises an unstructured data storage manager (UDSM) operably coupled to an unstructured data storage repository (UDSR), the method comprising:
configuring the UDSM, as a first functional entity (See Page 16, Step S701: the blockchain-structured data management node initiates the unstructured data storage request to the non-structured data management node; and Step S702: the unstructured data management node generates the public and private key pair Pub and Priv actually used for encrypting and decrypting. Here the non-structured data management node taches the first functional entity configured as the non-structured data management, the manager, the UDSM);
configuring the UDSR as a plurality of individual data stores that form a distributed unstructured data-plane database (See Page 24, the plurality of backup file is distributed to the different unstructured data storage node[s]); and
managing the UDSR and the plurality of individual data stores that form a distributed unstructured data-plane database by the UDSM (See Pages 17-18, Step S702: … the unstructured data management node broadcasts file coding file ID, threshold encryption parameter v [], threshold encryption public key Pub, the unstructured data storage node i unicast share [i], data of the file segment to the unstructured data storage node. Step S703: the non-structured data storage node establishes the control relation of file ID and receiving data segment addressing information, recording to the local storage. Further at Page 24, the plurality of backup file is distributed to the different unstructured data storage node[s]. Here the non-structured data storage node teaches the unstructured data storage repository operably coupled to the UDSM and configured as a plurality of individual data stores that form a distributed unstructured data-plane database that is managed).
As per claim 3, Li teaches the communication system of claim 1, further comprising:
a plurality of network functions (NFs) operably coupled to the UDSM (See Page 9, blockchain node 2 not only bears the function of blockchain, but also can be used as the non-structured data management node of the blockchain network or non-structured data storage node),
wherein the UDSM is configured to divide up incoming data from requesting NFs and store unstructured divided up data across the plurality of individual data stores of the UDSR, and thereby remove overheads from a requesting NF when it selects a shard (See Page 13, Step S210: unstructured data management node records data backup information, comprising but not limited to a non-structured file is divided into several file fragments, each file fragment is stored to which data storage node, whether using the data encryption storage function, data encryption storage distributed key information and so on. after finishing recording, returning the unstructured data storage result (data index, data hash), data encryption storage distributed key information to the main node blockchain).
As per claim 7, Li teaches the communication system of claim 1,
wherein the UDSM is configured to implement a Nudsm interface when communicating with a network function (NF) (See Li: Page 9, the blockchain the node 2 is a target in the blockchain processing the blockchain request, finishing the transaction consensus, transaction data ordering and packaging processing, managing intelligent contract node and other blockchain function of the node, besides the basic function also supports unstructured data storage cluster management and use.).
As per claim 9, Li teaches the communication system of claim 1, wherein a single UDSM is configured to deploy two UDSMs, a first UDSM configured to operate as a master UDSM and a second UDSM configured to operate as a slave UDSM in a master-slave implementation (See Li: Page 16, Step S605: The blockchain master node or other nodes send unstructured data to the unstructured data management node. Here the data management node is the salve node and the blockchain master node is the master node).
As per claim 12, Li teaches the UDSM of claim 10, wherein the UDSM is configured to be operably coupled to a plurality of network functions (NFs) and the UDSM is configured to divide up incoming data from requesting NFs and store unstructured divided up data across the plurality of individual data stores of the UDSR, and thereby remove overheads from a requesting NF when it selects a shard, (See Pages 9 and 13, blockchain node 2 not only bears the function of blockchain, but also can be used as the non-structured data management node of the blockchain network or non-structured data storage node; and Step S210: unstructured data management node records data backup information, comprising but not limited to a non-structured file is divided into several file fragments, each file fragment is stored to which data storage node, whether using the data encryption storage function, data encryption storage distributed key information and so on. after finishing recording, returning the unstructured data storage result (data index, data hash), data encryption storage distributed key information to the main node blockchain),
wherein the UDSM is operably coupled to at least one network repository function (NRF) that is configured to maintain profiles of a plurality of UDSMs using an NRF interface, Nnrf NFManagement, or
wherein the UDSM is configured to subscribe to notifications in a context of discovery of yet further UDSRs whenever the UDSR registers, deregisters or updates itself with the at least one NRF.
Claim Rejections - 35 USC § 103
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 of this title, 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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
For application naming joint inventors, in considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2, 4-6, 8, 11, 13 and 15 are rejected under 35 U.S.C. § 103 as being unpatentable over
Li, as applied to claims 1, 3, 7, 9-10, 12 and 14 above, and in view of
ZHAO, XIN: "A NEW DATABASE AND METHOD" (China Patent Application Document CN 111984696 A, DATE PUBLISHED 2020-11-24; and DATE FILED 2020-07-23, hereafter "ZHAO").
As per claim 2, Li teaches the communication system of claim 1, wherein the communication system is one of a fifth generation (5G), a sixth generation (6G), a third generation partnership project (3GPP), or a core network (See Page 3, blockchain network periodically consensus, randomly selecting one of blockchain node as the unstructured data management node, one or more of blockchain node as the nonstructured data common storage node. Here the blockchain teaches the core network),
wherein the UDSM is configured to add and delete UDSRs from the UDSF node (See Page 3, blockchain network periodically consensus, randomly selecting one of blockchain node as the unstructured data management node, one or more of blockchain node as the nonstructured data common storage node. Here the selecting blockchain node for data storage management or data repository reads on the adding or deleting UDSR from USDF as the repository for the data management function).
Li does not explicitly teach wherein the UDSM is configured to employ sharding that load-balances data across the plurality of individual data stores in the UDSR.
On the other hand, in the same endeavor, ZHAO teaches wherein the UDSM is configured to employ sharding that load-balances data across the plurality of individual data stores in the UDSR (See Pages 13 and 23, the main control system is responsible for the management work of the database; the management work comprises one or more of the following: managing the data server to realize load balance; managing and assigning a table partition; realizing data definition DDL operation, the DDL operation comprises creating a database, creating a table and/or modifying column; managing the metadata of the database and the table; authority control; and access to database, wherein the database is the new database; the data storage system of the new database is hosted with several table partitions; the step of data access request comprises the lookup table partition).
It would have been obvious to one having ordinary skill in the art at the time of the Applicant's application was filed to combine the teaching of ZHAO with Li reference because Li is dedicated to blockchain applied to the financial field and data storage field, especially to a non-structured data storage, ZHAO is dedicated to forming a database integrated framework and constructing the database integrated framework on the distributed file system, and the combined teaching would have improved the performance of Li's system because of utilizing partitioned storage segments across distributed repository nodes for balanced processing and storage.
Li in view of ZHAO further teaches the following:
wherein the UDSM is configured to employ horizontal hash-based sharding to distribute one or more datasets across multiple databases contained within the plurality of individual data stores in the UDSR (See Pages 13 and 23, the main control system is responsible for the management work of the database; the management work comprises one or more of the following: managing the data server to realize load balance; managing and assigning a table partition; realizing data definition DDL operation, the DDL operation comprises creating a database, creating a table and/or modifying column; managing the metadata of the database and the table; authority control; and access to database, wherein the database is the new database; the data storage system of the new database is hosted with several table partitions; the step of data access request comprises the lookup table partition), or
wherein the UDSM is configured to employ one of a range based horizontal hash-based sharding or a dictionary-based horizontal hash-based sharding.
As per claim 4, Li in view of ZHAO teaches the communication system of claim 1, wherein a single UDSF comprises a first UDSM and a first UDSR (See Li: Page 3, blockchain network periodically consensus, randomly selecting one of blockchain node as the unstructured data management node, one or more of blockchain node as the nonstructured data common storage node. Here the selecting blockchain node for data storage management or data repository reads on the adding or deleting UDSR from USDF as the repository for the data management function),
wherein the single UDSF is configured to perform hierarchical deployment of at least one further UDSM and at least one further UDSR, whilst the first UDSM manages data across the plurality of individual data stores at the first UDSR (See ZHAO: Page 7, the data storage system of the data storage adopts the determinant storage model, the data storage system for data query using hierarchical scanner matching different storage levels to search target data.),
wherein the UDSM is operably coupled to at least one , network repository function (NRF) that is configured to maintain profiles of a plurality of UDSMs using an NRF interface, Nnrf_NFManagement,
wherein the UDSM is configured to subscribe to notifications in a context of discovery of yet further UDSRs whenever the yet further UDSRs register, deregister or update themselves with the at least one NRF, or
wherein the UDSM is configured to subscribe to notifications in a context of discovery of yet further UDSRs by creating a new individual resource under a collection resource of subscriptions.
As per claim 6, Li in view of ZHAO teaches the communication system of claim 4, wherein the UDSR is configured to register itself in the NRF via a NFRegister interface by providing its network function (NF) profile to the NRF, and in response thereto the NRF identifies a requesting UDSR NF as being available to be discovered by other NFs (See Li: Pages 9-10, external application 1 and the blockchain node 2 are one-to-one relationship. blockchain node 2 not only bears the function of blockchain; and after starting the blockchain network, non-structured storage function initialization and external application trigger intelligent contract transaction), or
wherein the UDSM is configured to use a NFStatusNotify interface to notify at least one UDSM service consumer that is subscribed to receiving notifications of registration/deregistration of at least one of an UDSR that registers, deregisters or updates itself, a notification of a change of an NF profile of a NF.
As per claim 5, Li in view of ZHAO teaches the communication system of claim 1, Wherein the UDSM is configured to subscribe to notifications in a context of discovery of yet further UDSRs in the same public land mobile network, (PLMN) (See ZHAO: Page 34, the consistency coordination system will inform the client which has subscribed the relative route in the first time. when the client is connected with the consistency coordination system, attempting to connect any node in the consistency coordination system cluster; as long as establishing a connection with one of the nodes (the network connection); and Li: Pages 9-10, external application 1 and the blockchain node 2 are one-to-one relationship. blockchain node 2 not only bears the function of blockchain; and after starting the blockchain network, non-structured storage function initialization and external application trigger intelligent contract transaction in which the blockchain network may be a public and mobile network).
As per claim 8, Li in view of Zhao teaches the communication system of claim 1, wherein at least one of the plurality of individual data stores of the UDSR is configured to implement a Nudsr interface when communicating with a network function (NF) (See ZHAO: Figs. 1-2 and Page 26, distributed file system related to the new database of the present invention. FIG. 1 includes a node 1, a node 2 and a node 3 connected by a network, the node 1 being a local node, and a program (user) capable of performing file reading and writing on the disk of each node through a distributed file system; and Fig. 2, element c represents the consistency coordination system is connected with the client module through the client access interface, d represents the main control system and the client module are connected through the external interface module).
As per claim 11, Li in view of ZHAO teaches the UDSM of claim 10, wherein the UDSM is configured to add and delete UDSRs from the UDSF node (See Page 3, blockchain network periodically consensus, randomly selecting one of blockchain node as the unstructured data management node, one or more of blockchain node as the nonstructured data common storage node. Here the blockchain teaches the core network),
wherein the UDSM is configured to employ sharding that load-balances data across the plurality of individual data stores in the UDSR (See ZHAO: Pages 13 and 23, the main control system is responsible for the management work of the database; the management work comprises one or more of the following: managing the data server to realize load balance; managing and assigning a table partition; realizing data definition DDL operation, the DDL operation comprises creating a database, creating a table and/or modifying column; managing the metadata of the database and the table; authority control; and access to database, wherein the database is the new database; the data storage system of the new database is hosted with several table partitions; the step of data access request comprises the lookup table partition),
wherein the UDSM is configured to employ horizontal hash-based sharding to distribute one or more datasets across multiple databases contained within the plurality of individual data stores in the UDSR, or
wherein the UDSM is configured to employ one of a range based horizontal hash-based sharding, or a dictionary-based horizontal hash-based sharding.
As per claim 13, Li in view of ZHAO teaches the UDSM of claim 10, wherein the UDSM is configured to subscribe to notifications in a context of discovery of yet further UDSRs by creating a new individual resource under a collection resource of subscriptions, or
wherein the UDSM is configured to subscribe to notifications in a context of discovery of yet further UDSRs in the same public land mobile network (PLMN) (See ZHAO: Page 34, the consistency coordination system will inform the client which has subscribed the relative route in the first time. when the client is connected with the consistency coordination system, attempting to connect any node in the consistency coordination system cluster; as long as establishing a connection with one of the nodes (the network connection); and Li: Pages 9-10, external application 1 and the blockchain node 2 are one-to-one relationship. blockchain node 2 not only bears the function of blockchain; and after starting the blockchain network, non-structured storage function initialization and external application trigger intelligent contract transaction in which the blockchain network may be a public and mobile network).
As per claim 15, Li in view of ZHAO teaches the method of claim 14, further comprising:
performing a load-balancing between the plurality of individual data stores of the UDSR by the UDSM when distributing unstructured data-plane data (See ZHAO: Pages 13 and 23, the main control system is responsible for the management work of the database; the management work comprises one or more of the following: managing the data server to realize load balance; managing and assigning a table partition; realizing data definition DDL operation, the DDL operation comprises creating a database, creating a table and/or modifying column; managing the metadata of the database and the table; authority control; and access to database, wherein the database is the new database; the data storage system of the new database is hosted with several table partitions; the step of data access request comprises the lookup table partition).
Related Prior Arts
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the PTO-892 Notice of Reference Cited.
Conclusion
Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. SEE MPEP 2141.02 [R-5] VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984) In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004). >See also MPEP §2123.
In the case of amending the Claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUEN S LU whose telephone number is (571)272-4114. The examiner can normally be reached on M-F, 8-19, Mid-Flex 2 hours.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mr. Aleksandr Kerzhner can be reached on 571-270-1760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KUEN S LU /Kuen S Lu/
Art Unit 2165
Primary Patent Examiner
September 13, 2026
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