Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 1 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 1 of 21
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`EXHIBIT 14
`EXHIBIT 14
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`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 2 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 2 of 21
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re PATENT APPLICATION OF:
`
`Attorney Docket:
`
`2618-0021
`
`David A. FARBERetal.
`
`Group Art Unit:
`
`2166
`
`Application Serial No.: 11/980,688
`
`Examiner: PHAM, Khanh P.
`
`Application Filing Date: 10-31-2007
`Title: Similarity-Based Access Control Of
`December30, 2010
`Date:
`Data In A Data Processing System
`
`
`Confirmation No.: 6768
`
`AMENDMENT
`
`via EFS-Web
`Hon. Commissionerof Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`“ In response to the Non-Final Office Action mailed July 2, 2010, please
`
`amend this application as follows:
`
`Amendments to the Specification begin on page 2 hereof.
`
`Amendments to the Claims begin on page 10 hereof.
`
`Remarksbegin on page 16 hereof.
`
`An Information Disclosure Statementis being filed herewith, along with
`
`the required fee.
`
`A Petition for Extension of Time (3 months) is being filed herewith, along
`
`with the required fee.
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 3 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 3 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 2 of 20
`
`In The Specification
`Please amendthe specification as follows:
`
`Please replace paragraph 0001 with the following:
`
`[0001]
`
`This application is a continuation of and [[an]] claims priority to co-
`
`pending U.S. Patent Application No. 11/724,232, which is a continuation of co-pending
`
`application no. 11/017,650, filed December 22, 2004, which is a continuation of pending
`
`application no. 10/742,972, filed December 23, 2003, which is a continuation of
`
`09/987,723, filed November 15, 2001, patented as 6,928,442; which is a which is a
`
`continuation of application No. 09/283,160, filed April 1, 1999, now U.S. Patent No.
`
`6,415,280, whichis a division of application Ser. No. 08/960,079, filed Oct. 24, 1997,
`
`now U.S. Pat. No. 5,978,791, which is a continuation of Ser. No. 08/425,160, filed Apr.
`
`11, 1995, now abandoned,the contents of which each of these applications are hereby
`
`incorporated herein by reference. This application is a continuation of and claimspriority
`
`to co-pending application no. 11/017,650, filed December 22, 2004, whichis a
`
`continuation of application No. 09/987,723, filed November 15, 2001, now U.S. Patent
`
`No. 6,928,442, which is a continuation of application No. 09/283,160, filed April 1, 1999,
`
`now U.S. Patent No. 6,415,280, which is a division of application Ser. No. 08/960,079,
`
`filed Oct. 24, 1997, now U.S. Pat. No. 5,978,791, which is a continuation of Ser. No.
`
`08/425,160, filed Apr. 11, 1995, now abandoned,the contents of which each of these
`
`applications are hereby incorporated herein by reference. This is also a continuation of
`
`and claimspriority to co-pending application no. 10/742,972, filed December 23, 2003,
`
`whichis a division of application No. 09/987,723, filed November 15, 2001, now U.S.
`
`Patent No. 6,928,442, which is a continuation of application No. 09/283,160, filed April
`
`1, 1999, now U.S. Patent No. 6,415,280, whichis a division of application Ser. No.
`
`08/960,079, filed Oct. 24, 1997, now U.S. Pat. No. 5,978,791, which is a continuation of
`
`Ser. No. 08/425,160, filed Apr. 11, 1995, now abandoned, the contents of which each of
`
`these applications are hereby incorporated herein by reference.
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 4 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 4 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 3 of 20
`
`Please delete paragraphs 0019 and 0020.
`
`Please replace paragraph 0056 with the following:
`
`[0056]
`
`Primitive mechanismsprovide fundamental capabilities used to
`
`support other mechanisms. The following primitive mechanismsare described:
`
`— . Calculate True Name;
`
`2. Assimilate Data Item;
`
`3. New TrueFile;
`
`4. Get True Name from Path;
`
`5. Link path to True Name;
`
`6.
`
`Realize True File from Location;
`
`. Locate Remote File;
`
`. Make True File Local;
`
`. Create Scratch File;
`
`7 8 9
`
`10. Freeze Directory;
`
`11. Expand Frozen Directory;
`
`12. Delete True File;
`
`13. Process Audit File Entry;
`
`14. Begin Grooming;
`
`15. Select For Removal; and
`
`16. End Grooming.
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 5 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 5 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 4 of 20
`
`Please replace paragraph 0084with the following:
`
`[0084]
`
`The following primitive mechanismsare described:
`
`—
`
`. Calculate True Name;
`
`2. Assimilate Data Item;
`
`3. New TrueFile;
`
`4. Get True Name from Path;
`
`5. Link Path to True Name;
`
`6.
`
`Realize True File from Location;
`
`. Locate Remote File;
`
`. Make True File Local;
`
`. Create Scratch File;
`
`7 8 9
`
`10. Freeze Directory;
`
`11. Expand Frozen Directory;
`
`12. Delete True File;
`
`13. Process Audit File Entry;
`
`14. Begin Grooming;
`
`15. Select For Removal; and
`
`16. End Grooming.
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 6 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 6 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 5 of 20
`
`Please replace the heading between paragraphs 00103-
`
`00104 with the following (the word “New”is inserted before the
`
`words “True File”).
`
`3.
`
`New True File
`
`Please replace paragraph 00104 with the following:
`
`[00104]
`
`The New True File process is invoked when processing the auditfile
`
`132, some time after a True File has been assimilated (using the Assimilate Data
`
`Item primitive mechanism). Given a local directory extensions table entry record
`
`138 in the local directory extensions table 124, the New True File process can
`
`provide the following steps (with reference to FIG. 12), depending on how the
`
`local processoris configured:
`
`Please replace paragraph 00143 with the following:
`
`[00143]
`
`Determine the operation in the entry 142 currently being processed
`
`(Step $365). If the operation indicates that a file was created or written (Step
`
`$366), then assimilate the file using the Assimilate Data Item primitive
`
`mechanism (Step S368), use the New True File primitive mechanism to do
`
`additional desired processing (such as cache update, compression, and mirroring)
`
`(Step $369), and record the newly computed True Nameforthefile in the audit
`
`file record entry (Step $370).
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 7 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 7 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 6 of 20
`
`Please replace paragraph 00164 with the following:
`
`[00164]
`
`A.
`
`Identify the segment(s) segmehtts} to be read by dividing the
`
`specified file offset and length each by the fixed size of a segment (a system
`
`dependent parameter), to determine the segment number and numberof segments
`
`that must be read.
`
`Please replace paragraph 00276 with the following:
`
`[00276] The inventory can be used for archival of data (makingit possible to
`
`avoid archiving data whenthose [[.]] 44hen+hat data 4s are already on a separate
`
`volume), for grooming (making it possible to delete infrequently accessedfiles if
`
`they can be retrieved from removable volumes), for version control (makingit
`
`possible to generate a new version of a CD-ROM without having to copy the old
`
`version), and for other purposes.
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 8 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 8 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 7 of 20
`
`Please replace paragraph 00324 with the following:
`
`[00324|
`
`(A) Note every time a file is created or deleted, for instance by
`
`monitoring audit entries in the Process Audit File Entry primitive mechanism.
`
`Whensuch an event is encountered, create an entry 148 in the accounting log 134
`
`that shows Skews the responsible party and the identity of the file created or
`
`deleted.
`
`Please replace paragraph 00331 with the following:
`
`[00331]
`
`(B) Occasionally eceastonatty, compare the contents of each user
`
`processor against the license table 136. For each True Namein the license table do
`
`the following:
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 9 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 9 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 8 of 20
`
`Please replace paragraph 00336 with the following:
`
`[00336]
`
`Further, in operation of a DP system incorporating the present
`
`invention, multiple copies of data items are avoided (unless they are required for
`
`some reason such as backupsor mirror copies in a fault-tolerant system). Multiple
`
`copies of data items are avoided even when multiple namesrefer to the same data
`
`item. The primitive mechanisms Assimilate Data Items and New True File support
`
`this property. Using the Assimilate Data Item primitive mechanism,if a data item
`
`already exists in the system, as indicated by an entry in the True File registry 126,
`
`this existence will be discovered by this mechanism, and the duplicate data item
`
`(the new data item) will be eliminated (or not added). Thus, for example, if a data
`
`file is being copied onto a system from a floppy disk, if, based on the True Name
`
`of the data file, it is determinedthat the data file already exists in the system (by
`
`the same or some other name), then the duplicate copy will not be installed. If the
`
`data item wasbeing installed on the system by some nameother than its current
`
`name, then, using the Link Path to True Nameprimitive mechanism,the other (or
`
`new) namecanbe linkedto the already existing data item.
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 10 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 10 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 9 of 20
`
`Please replace paragraph 00340 with the following:
`
`[00340]
`
`Whena file is opened (using the epesn Open File operating system
`
`mechanism), it uses the Make True File Local primitive mechanism (either
`
`directly or indirectly through the Create Scratch File primitive mechanism) to
`
`create a local copy ofthe file. The Open File operating system mechanism usesthe
`
`Make True File Local primitive mechanism, which uses the Realize True File
`
`from Location primitive mechanism, which,in turn uses the Request True File
`
`remote mechanism.
`
`Please replace paragraph 00365 with the following:
`
`[00365]
`
`In operation, the system automatically archives data items as they
`
`are created or modified. After a file is created or modified, the Close File
`
`operating system mechanism creates an audit file record, which is eventually
`
`processed by the Process Audit File Entry primitive mechanism. This mechanism
`
`uses the New True File primitive mechanism for any file which is newly created,
`
`which in turn uses the Mirror True File background mechanism if the True File is
`
`in a mirrored or archived region. This mechanism causes one or more copiesof the
`
`new file to be made on remote processors.
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 11 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 11 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 10 of 20
`
`In the Claims
`
`Please amendthe claims as follows:
`
`1. (Currently amended) A computer-implemented method, the method
`
`comprising:
`
`
`
`for a first data item comprisingdatarepresenting-ar-audie-sienalvideo
`
`signalordecumentcontentsaidfirstdataitem comprising a plurality of segments,
`
`
`
`
`
`
`
`each of said segments consisting of a corresponding sequence ofbits, obtaining,
`
`determinine asecmentidentifier for each of said segments, a corresponding
`
`segmentidentifier, each said segmentidentifier being based at least in part on, and
`
`beingdeterminedas a first function of the bitsofdata-comprisine the
`
`corresponding segment, wherein two identical segments will have the same
`
`segment identifier as determined using said first function; and
`
`determinine ascertaining whether or not any of said segment identifiers of
`
`said plurality of segments correspond to any of a plurality of identifiers, said
`
`plurality of identifiers corresponding to a plurality of data items, each of said
`
`plurality of identifiers being based, at least in part, on said first function of the data
`
`
`
`of a corresponding segment of one of the plurality of data itemsfirstdatatemis
`
`and
`
`based at least in part on said ascertaining, determining whetheror not said
`
`first data item corresponds to any of the plurality of data items.
`
`2.(Currently amended)
`
`=A method as recited in claim 1 wherein said
`
`step of determining ascertaining comprises:
`
`-10-
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 12 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 12 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 11 of 20
`
`comparing at least some of said segmentidentifiers of said first data item
`
`with at least some segmentidentifiers of said plurality of identifiers seconddata
`
`Hem.
`
`3. (Currently amended)
`
`=A method as recited in claim 2 wherein said
`
`first data item is determined to not be the sameasany ofsaid seeend plurality of
`
`data itemsif at least one of said segmentidentifiers of said first data item does is
`
`
`
`not correspond to any of the plurality of identifiersthesame-as-a-corresponding
`
`.dentifier
`
`of
`
`said
`
`|
`
`data
`
`item.
`
`4.(Currently amended)
`
`=A method as recited in claim 2 wherein said
`
`first data item is determined to be the same as satd-second one of said plurality of
`
`data items if aH each of said segment identifiers of said first data item correspond
`
`
`
`to at least one of the plurality of identifiers-arethe-same-as-a-corresponding
`
`dents
`
`>
`
`said
`
`|
`
`data
`
`item.
`
`5. (Original) A method as recited in claim 1 wherein each said segment
`
`identifier is based at least in part on a hash of the corresponding segment.
`
`6. (Original) A method as recited in claim 1 wherein said step of
`
`determining is used to ascertain whether access to said first data item is
`
`authorized.
`
`7. (Original) A method as recited in claim 1 wherein said step of
`
`determining is used to ascertain whether access to said first data item should be
`
`permitted.
`
`-ll-
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 13 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 13 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 12 of 20
`
`8. (Currently amended)
`
`=A methodasrecited in claim 6 wherein access
`
`to said data item is not authorized based at least in part on whetherat least one of
`
`said segmentidentifiers of said first data item does is not the-same-as-a
`
`corresponding correspondto any ofsaid plurality of seementidentifiers efsaid
`
`
`
`seconddataitem.
`
`9.(Currently amended)
`
`=A method asrecited in claim 6 wherein access
`
`to said data item is authorized based at least in part on whetherall of said segment
`
`identifiers of said first data item correspond to at least one of the plurality of
`
`identifiers-are-the-sameas-a-correspondins
`
`sesmentidenttierofsaidsecoend
`
`Hera.
`
`10. (Currently amended) A method as recited in claim 1| further
`
`comprising: saidstep-ofwhereindeterminingcomprises
`
`
`
`
`
`
`
`determining an identifier for the first data item, said data item identifier
`
`being based at least in part on as a second function ef applied to said segment
`
`identifiers.
`
`11. (Currently amended) A method as recited in claim 10 wherein said
`
`first function and said second function are both comprise hash functions.
`
`12. (Original) A method as recited in claim 10 wherein said first function
`
`is the sameas said second function.
`
`13. (Currently amended) A method as recited in claim 10 wherein said first
`
`data item is ascertained to be the sameas a the second data item when said
`
`-12-
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 14 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 14 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 13 of 20
`
`identifier for the first data item is the same as a corresponding data+tem identifier
`
`for the second data item.
`
`14. (Currently amended) A computer-implemented method, the method
`
`comprising:
`
`
`
`for a first data item comprising data+representing-an-audie-sienalvideo
`
`
`
`
`
`sienatordecumentcontentsaidfirstdatatem comprising a plurality of segments,
`
`determining a segmentidentifier for each of said segments, each said segment
`
`consisting of a corresponding sequence of bits, and each said segmentidentifier
`
`being determinedas a first function of the data bits comprising the corresponding
`
`segment, wherein two segments having identical sequencesof bits will have
`
`identical segmentidentifiers;
`
`determining whethersaid first data item corresponds to any of a plurality of
`
`
`
`
`
`data items,isthesame-as-a-seconddatatentbased at least in part on said segment
`
`identifiers; and
`
`basedat least in part on said determining, ascertaining whether access to
`
`said first data item is authorized.
`
`15. (Currently amended) A method as recited in claim 14 wherein said
`
`step of determining comprises:
`
`comparing a relationship between at least some of said segmentidentifiers
`
`of said first data item with segmentidentifiers of said plurality of seeend data
`
`items.
`
`16. (Currently amended) A method as recited in claim 15 wherein said
`
`step of comparing a relationship comprises comparing whetherat least some of
`
`-13-
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 15 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 15 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 14 of 20
`
`said segmentidentifiers of said first data item are equal to any of a plurality of
`
`corresponding-segment identifiers of said second plurality data items.
`
`17. (Currently amended) A method as recited in claim 15 wherein said
`
`first data item is determined to not be the sameasany of said seeond plurality of
`
`data itemsif at least one of said segment identifiers of said first data item is not the
`
`
`
`
`
`same as a-correspondinesegmentany of said plurality of identifiers efsatd-second
`
`dataitem, and wherein access to said data item is not authorized based at least in
`
`part on whetherat least one of said segment identifiers of said first data item is not
`
`
`
`
`
`the same as a any ofsaid plurality of cerrespondinesegmentidentifiers efsaid
`
`
`
`seconddataHen.
`
`18. (Currently amended) A method as recited in claim 15 wherein said
`
`first data item is determined to be the same as one of said second plurality of data
`
`items if all of said segmentidentifiers of said first data item are the same as a
`
`
`
`correspondingsegmentat least one of said plurality of identifiers efsaid-second
`
`datadtem.
`
`19, (Original) A method as recited in claim 14 wherein each said segment
`
`identifier is based at least in part on a hash of the corresponding segment.
`
`20. (Currently amended) A computer-implemented method, the method
`
`comprising:
`
`
`
`for a first data item comprising data+representing-ar-audie-sienalvideo
`
`
`
`
`
`signalordecumentcontentsaidfirstdatattem comprising a plurality of segments,
`
`determining a segmentidentifier for each of said segments, each said segment
`
`consisting of a corresponding sequenceof bits, and each said segmentidentifier
`
`-14-
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 16 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 16 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 15 of 20
`
`being determined based at least in part on a hash function or message digest
`
`function of the data bits comprising the corresponding segment;
`
`determining whethersaid first data item is the sameasanyofa plurality of
`
`seconddata items based at least in part on said segmentidentifiers; and
`
`basedat least in part on said determining, ascertaining whether access to
`
`said first data item is authorized.
`
`21.(Currently amended) A computer-implemented method, the method
`
`comprising:
`
`for a first data item eeniprisinedatarepresentingan_andio signal deo
`
`
`
`
`
`
`
`
`
`
`
`stenalerdecumentcontentsaidfirstdatatem comprising a plurality of segments,
`
`determining a segmentidentifier for each of said segments, each said segment
`
`consisting of a corresponding sequence of bits, and each said segmentidentifier
`
`being determined basedat least in part on a hash function or message digest
`
`function of the data bits comprising the corresponding segment, wherein two
`
`identical segments will have the same segmentidentifier;
`
`determining whethersaid first data item is the sameasanyofa plurality of
`
`second-data items based at least in part on said segmentidentifiers; and
`
`basedat least in part on said determining, aseertainine-whether accessing te
`
`said first data item-s-permited.
`
`22 (Canceled)
`
`23. (Currently amended) A method as recited in claim 1 [[22]] wherein said
`
`first data item comprises data representing an audio signal or a video signal or
`
`document content.
`
`24 - 25. (Canceled)
`
`-15-
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 17 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 17 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 16 of 20
`
`REMARKS
`
`By this Amendment, claims 22, 24, and 25 are canceled without prejudice
`
`or disclaimer of their subject matter. No new claims are added. The specification
`
`has been amendedto correct typographical errors and to conform the summary of
`the invention to the currently-pending claims. In some paragraphs’ the word
`
`“New” was omitted in front of the term “True File.” This typographical error has
`
`been corrected throughout. Support for this correction can be found in the original
`
`applications from which this application claimspriority, e.g., in U.S. Patent No.
`
`5,978,791 which wasincorporated into the present application by reference (see
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`“Related Applications” in §0001).
`
`Approval of the specification changesis respectfully requested.
`
`No new matter has been added by these amendments.
`
`Claims 1-21, and 23, are pending in this application.
`
`Note on Powerof Attorney
`The undersigned has twice filed a powerof attorney in this application,
`
`appointing the practitioners associated with customer number 75948 (July 19,
`
`2009 and again April 26, 2010). Both times the filing included the required
`
`Statement Under 37 CFR 3.73(b). The Office has not yet acknowledged either of
`
`those documents.
`
`Please update the Office records to reflect that Power of Attorney filed July
`
`19, 2009 and again April 26, 2010.
`
`Claim Objections
`The Examiner objected to various claims. In view of the amendments to
`
`the claims, withdrawal of these objections are respectfully requested.
`
`' 40056, 0084, 0104, 0143, 0336, 0365.
`
`-16-
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 18 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 18 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 17 of 20
`
`Claim 10 has been amendedto clarify its meaning,1.e., that the data item
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`identifier is based on a function of the segmentidentifiers. For example, a data
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`item may consist of N segments, thereby having N segmentidentifiers. The data
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`item identifier would, in this case, be a function of the N segmentidentifiers. One
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`example of this is a hash function of a block formed by the NV segmentidentifiers.
`
`THE PRIOR ART REJECTIONS
`
`Claim Rejections under §102
`The Examiner rejected claims 1-5, and 10-13 under 35 U.S.C. § 102(e) as
`
`being anticipated by Squibb (US 6,816,872 B1), hereinafter "Squibb". The
`
`groundsfor this rejection are respectfully traversed.
`
`Claim 1: In one aspect, as recited in amended claim 1, this invention is a
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`computer-implemented method. The method includes,for a first data item
`
`comprising a plurality of segments, each of the segments consisting of a
`
`corresponding sequence of bits, obtaining, for each of the segments, a
`
`corresponding segmentidentifier, each the segmentidentifier being basedat least
`
`in part on, and being determinedasa first function of the bits of the corresponding
`
`segment, wherein two identical segments will have the same segmentidentifier as
`
`determined using the first function.
`
`The method of claim 1 further includes ascertaining whether or not any of
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`the segment identifiers of the plurality of segments correspond to any of a plurality
`
`of identifiers, the plurality of identifiers corresponding to a plurality of data items,
`
`each of the plurality of identifiers being based,at least in part, on the first function
`
`of the data of a corresponding segmentof one ofthe plurality of data items. Based
`
`at least in part on the ascertaining, the method includes determining whetheror not
`
`the first data item correspondsto any ofthe plurality of data items.
`
`-17-
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 19 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 19 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 18 of 20
`
`Thus, as recited in claim 1, the segmentidentifiers of the first data item are
`
`comparedto identifiers corresponding to a plurality of data items.
`
`Squibb maintains a clean copy ofeach file that he wants to monitor “in
`
`safe places.” Abstract. A so-called TOKEN Table is made ofthe earlier (safe)
`
`file, and then the integrity of a current file is determined by comparing the tokens.
`
`In Squibb, each file is being compared to a knownsafe copy of that samefile.
`
`In the presently claimed invention, on the other hand, the identifiers of the
`
`segments of a data item are comparedto a plurality of identifiers corresponding to
`
`a plurality of data items. This is used to determine whetherornotsaid first data
`
`item correspondsto any ofthe plurality of data items.
`
`Nothing in Squibb teaches or in any way suggests using segmentidentifiers
`
`to determine whetheror notsaid first data item correspondsto any of the plurality
`
`of data items.
`
`Forat least these reasons, claim 1 (and its dependents) are patentable over
`
`Squibb.
`
`In view of the above, withdrawal of this rejection under § 102 is
`
`respectfully requested.
`
`Claim Rejections - 35 USC § 103
`The Examinerrejected claims 6-9, and 14-25 are rejected under 35 U.S.C. §
`
`103(a) as being unpatentable over Squibb in view of Dyson (US 5,050,212),
`
`hereinafter "Dyson". The groundsfor this rejection are respectfully traversed.
`
`Claims 6-9 depend from claim | and are therefore patentable over Squibb
`
`for at least the reasons given abovefor claim 1.
`
`Claims 14, 20, and 21 are patentable over Squibb for similar reasons to
`
`those given for claim 1. Dyson does not overcomethe deficiencies in Squibb, and
`
`-18-
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 20 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 20 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 19 of 20
`
`no proposed combination of Squibb and Dyson would produce the invention of
`
`claims 14, 20, or 21 (or any of their dependents).
`
`In view of the above, withdrawal of this rejection under § 103 is
`
`respectfully requested.
`
`DOUBLE PATENTING REJECTIONS
`
`The Examinerhas rejected various of the claims on the ground of
`
`nonstatutory obviousness-type double patenting as being unpatentable over claims
`
`of U.S. Patents Nos. 5,978,791 and 6,928,442. The Examinerhas also issued
`
`provisional obviousness-type double patenting rejections over the claims of
`
`applications nos. 11/980,679, and 11/980,687 (now U.S. Patent No. 7,802,310,
`
`issued 09/21/2010).
`
`Applicant respectfully submits that the currently-pending claims are
`
`patentably distinct from the claims of each of these patents / applications.
`
`Accordingly, withdrawal of these double patenting rejections is respectfully
`
`requested.
`
`CONCLUSION
`
`Applicant respectfully submits that this application is in condition for
`
`allowance. If the Examiner believes that a personal or telephone interview will
`
`expedite the prosecution and allowanceofthis application, the Examineris kindly
`
`requested to contact the undersigned at the number provided.
`
`CHARGE STATEMENT: Deposit Account No. 501860, order no. 2618-0021.
`The Commissioner is hereby authorized to charge any fee specifically authorized hereafter, or any missing
`or insufficient fee(s) filed, or asserted to be filed, or which should have been filed herewith or concerning any
`paper filed hereafter, and which may be required under Rules 16-18 (missing or insufficiencies only) now or
`hereafter relative to this application and the resulting Official Document under Rule 20, or credit any
`overpayment, to our Accounting/Order Nos. shown above
`
`an issue fee transmittal sheetis filed.
`
`This CHARGE STATEMENTdoes not authorize charge of the issue fee until/unless
`
`-19-
`
`

`

`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 21 of 21
`Case 5:18-md-02834-BLF Document 412-15 Filed 04/22/19 Page 21 of 21
`
`In re Application of: FARBER, David etal.
`Application S.N.:
`11/980,688
`Amendment/ Responsefiled 12/30/10
`Page 20 of 20
`
`
`
`CUSTOMER NUMBER
`476274
`
`Davidson Berquist Jackson & Gowdey LLP
`4300 Wilson Blvd., 7th Floor,
`Arlington Virginia 22203
`Main: (703) 894-6400 e FAX:
`
`(703) 894-6430
`
`Respectfully submitted,
`/Brian Siritzky/Reg. No. 37,497
`
`By:
`
`
`Brian Siritzky, Ph.D.
`Registration No.: 37,497
`
`-20 -
`
`