Ex Parte IyengarDownload PDFBoard of Patent Appeals and InterferencesMay 24, 201010629284 (B.P.A.I. May. 24, 2010) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte ARUN KWANGIL IYENGAR ____________ Appeal 2009-003338 Application 10/629,284 Technology Center 2100 ____________ Decided: May 24, 2010 ____________ Before JOSEPH L. DIXON, HOWARD B. BLANKENSHIP, and THU A. DANG, Administrative Patent Judges. BLANKENSHIP, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE This is an appeal under 35 U.S.C. § 134(a) from the Examiner’s final rejection of claims 1-28, which are all the claims in the application. We have jurisdiction under 35 U.S.C. § 6(b). We reverse. Appeal 2009-003338 Application 10/629,284 2 Representative Claim 16. A method of maintaining a plurality of objects in a storage transfer unit, comprising the steps of: identifying an object position in the storage transfer unit by an object offset in the storage transfer unit; in response to a request to one of access and update a storage transfer unit, copying the storage transfer unit so that different objects are copied into different buffers; performing at least one update to at least one object in the storage transfer unit by modifying at least one buffer; and after the at least one update has occurred, updating the storage transfer unit from the at least one buffer. Prior Art Cabrera 5,802,599 Sep. 1, 1998 Rabii 2002/0032691 A1 Mar. 14, 2002 Garthwaite 2004/0172507 A1 Sep. 2, 2004 Chen 6,804,761 B1 Oct. 12, 2004 Mattis 6,915,307 B1 Jul. 5, 2005 Examiner’s Rejections Claims 1-3, 9, 11, 12, 14-16, and 19-28 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Rabii and Mattis. Claims 4-8 and 10 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Rabii, Mattis, and Chen. Claims 13 and 17 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Rabii, Mattis, and Cabrera. Appeal 2009-003338 Application 10/629,284 3 Claim 18 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over Rabii, Mattis, Cabrera, and Garthwaite. ANALYSIS With respect to claim 16, Appellant submits that neither Rabbi nor Mattis, nor their combination, teach or suggest the “storage transfer units” and “object offsets” as claimed. App. Br. 12. A “storage transfer unit” may be a sector (App. Br. 3, top). A “sector” is defined as a disk sector, but more broadly as “any fixed unit of transfer between two different storage media” (Spec. 6: 9-11). Further, according to Appellant, the term “object” refers to any form of data. Id. at ll. 11-12. An “object offset” refers to the position of an object within a sector. For example, if an object is the 10th object in sector “x,” then its object offset is 10. Id. at 9: 25-27. For the “storage transfer units,” the rejection submits that Rabii discloses segments (Fig. 5) that correspond to “storage transfer units” as claimed. See Ans. 3. The segments (Rabii Fig. 5) are part of an individual disk partition (¶ [0083]). Objects are stored whole and contiguously in a segment of the disk partition (¶ [0084]). Rabii discloses that the segments are designed to be larger than any of the objects to be stored therein, and are each of a fixed amount of memory storage (e.g., 72 megabytes) (¶ [0039]). If we assume that the claimed “storage transfer units” are taught by the “segments” as described by Rabii, the reference teaches an “object offset,” as claimed. For example, object 4 (230-4) (Fig. 5) is the 4th object in segment 2 (220-2), and thus has an “object offset” of 4. Appeal 2009-003338 Application 10/629,284 4 However, we find no teaching or suggestion in Rabii that a segment corresponds to or teaches a “storage transfer unit” as claimed, in view of the definition for the term set forth in Appellant’s Specification, broad though that definition may be. Although the segment size is fixed, the rejection does not show where one or more segments constitute a unit of transfer between two different storage media (e.g., between the disk and other memory). We do not find any relevant discussion of the physical transfer of the data in the segments being provided from or to the disk, other than that in-memory versions of the on-disk data objects may be held in buffers (e.g., ¶ [0104]; Fig. 10) and that the objects are stored contiguously in a segment (¶ [0084]), such that most data objects can be read from the disk in a single contiguous operation (¶ [0091]). The reference appears to discuss the reading and writing of data objects within a segment (e.g., ¶ [0086]), rather than the reading and writing of disk segments from and to other memory. Although the Examiner suggests (Ans. 11-12) that several different types of data transfer exchange blocks of data that meet the definition of “storage transfer unit,” the rejection does not show that the “segments” that hold the data objects as described by Rabii constitute such blocks of data. The allocation of burdens requires that the USPTO produce the factual basis for its rejection of an application under 35 U.S.C. §§ 102 and 103. In re Piasecki, 745 F.2d 1468, 1472 (Fed. Cir. 1984) (citing In re Warner, 379 F.2d 1011, 1016 (CCPA 1967)). Because the evidentiary basis for the rejection of claim 16 is lacking, we do not sustain the rejection of claim 16 or the claims that depend from the claim. Since all the other independent claims on appeal (1, 25, 26, 27, and 28) operate on storage transfer units Appeal 2009-003338 Application 10/629,284 5 containing objects, which have not been shown as disclosed or suggested in the references, we cannot sustain the rejection of any claim on appeal. DECISION The rejections of claims 1-28 under 35 U.S.C. § 103(a) are reversed. REVERSED msc Ryan, Mason & Lewis, LLP 90 Forest Avenue Locust Valley, NY 11560 Copy with citationCopy as parenthetical citation