`
`In re PATENT APPLICATION OF:
`
`Attorney Docket:
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`2618-0020
`
`FARBER, David et al.
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`Group Art Unit:
`
`2166
`
`Application Serial No.:
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`l 1/980,679
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`Examiner: PHAM, Khanh B.
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`Application Filing Date: October 31, 2007
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`Confirmation No.:
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`682?
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`Title: DISTRIBUTING AND ACCESSING DATA
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`IN A DATA PROCESSING SYSTEM
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`Date:
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`October 5, 2009
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`AMENDMENT
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`Hon. Commissioner of Patents
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`PO. Box 1450
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`Alexandria, VA 22313-1450
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`Sir:
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`This Amendment is being filed in response to the non—final Office Action
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`mailed 05/06/2009. Please amend this application as follows:
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`Amendments to the claims begin on page 2 below.
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`Remarks begin on page 11 below.
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`A Petition fbr Extension of Time is being filed herewith, along with the
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`required fee.
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`EMCVMW 1037
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`
`
`In re Application of: FARBER, David et a1.
`Application S.N.:
`l ”980,679
`Response to Non-Final Office Action
`
`IN THE CLAIMS
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`Please amend the claims as follows. This listing of claims will replace all
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`prior versions and listings of claims in the application.
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`1. (Currently amended) A method of distributing a data item to a plurality
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`of computers in a network of computers, wherein at least some of said computers
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`in said network comprise part of a peer-to-peer (P2P) network of computersi the
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`method comprising:
`
`(A)
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`dividing the data item into a plurality of segments; and
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`(B)
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`foFeaeh—partieulaiLsegment—ef—said-pltuahty—efsegments;
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`—(—b—l)—causing each said particular segment of said plurality of
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`segments to be stored on a plurality of computers at—least—ene—eemputer in said
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`P2P network;
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`(C) maintaining information about the a—listeef computers in said P2P
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`network onto which eachof said segments has have been stored; and
`
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`(D) making available to other computers in said P2P network the
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`information about the computers onto which said segments have been stored.
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`2. (Original) A method as recited in claim 1 wherein each segment of the
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`plurality of segments is distinct from each other segment.
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`3. (canceled)
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`
`
`In re Application of: FARBER, David et a1.
`Application S.N.:
`l 1/980,679
`Response to Non-Final Office Action
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`4. (Currently amended) A method as recited in claim 1 wherein the
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`information about the computers comprises a list of computers in the P2P network=
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`the method further comprising:
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`(D) maintaining, for each computer on said list of computers,
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`information relating to a measure of availability of said each computer.
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`5. (Original) A method as recited in claim 1 further comprising:
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`for each particular segment, determining an identifier, said identifier being
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`determined as a function of all of the data in said particular segment and only the
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`data in said particular segment, where any two identical segments will have
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`identical identifiers, and wherein the step (C) of maintaining further comprises
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`associating each of said segments with its corresponding identifier.
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`6. (Original) A method as recited in claim 1 wherein at least some of said
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`plurality of segments are stored in an encoded form by compressing said at least
`
`some segments.
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`7. (Original) A method as recited in claim 6 wherein at least some of said
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`segments are compressed after being sent.
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`8. (Original) A method as recited in claim 1 further comprising:
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`for each particular segment, determining an identifier, said identifier being
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`determined as a given function of the data comprising said particular segment,
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`where any two identical segments will have identical identifiers, and wherein the
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`
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`In re Application of: FARBER, David et a1.
`Application S.N.:
`l ”980,679
`Response to Non-Final Office Action
`
`step (C) of maintaining further comprises associating each of said segments with
`
`its corresponding identifier.
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`9. (Currently amended) A method of distributing a plurality of data items to
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`a plurality of computers in a network of computers, wherein at least some of said
`
`computers in said network comprise part of a peer—to—peer (P2P) network of
`
`computers, the method comprising:
`
`(A)
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`¥or—eaeh—of—said—plural-H=_7Lefidata—items;
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`(-a-l—)—dividing each of said plurality of data items the—data—item into
`
`a plurality of segments; and
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`[[(a2)]]
`
`for—eaeh—pameular—segment—of—said-phiral-H-y-of
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`59313339,
`
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`(fl—(aafl—causing each said—partieulaasegment of said
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`segments to be stored on a plurality of computers {at—least oneeomputer in
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`said fl network;
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`[[(B)]] (Q) maintaining a4ist~o£ information about computers in said P2P
`
`network onto which each—o¥ said segments for crash—oiE said plurality of data items
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`has have been stored; and
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`(D)
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`makingJr available to other computers in said P2P network the
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`information about the computers onto which said segments for said plurality of
`
`data items have been stored.
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`l0. (Currently amended) A method of obtaining a data item at a first
`
`computer in a eer-to- eer P2P network of computers, said data item comprising
`
`
`
`In re Application of: FARBER, David et a1.
`Application S.N.:
`l ”980,679
`Response to Non-Final Office Action
`
`a plurality of segments, each of said plurality of segments being stored on more
`
`than one computer in said P2P network, the method comprising:
`
`(A)
`
`obtaining information about computers in said P2P network that may
`
`have a copy of for each particular segment of said plurality of segments that
`
`comprise said data itellirsaid—eompnter—z;
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`(B) [[(al)]]
`
`based at least in part on said information, requesting said a_t
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`least one particular segment of said plurality of segments that comprise said data
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`item from at—least—one—of- a plurality of computers in said P2P network of
`
`computers; and
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`Q[[(a2)]]
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`obtaining said particular segment from said at least one of a
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`plurality of computers in said P2P network of computers; and
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`D
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`obtainin r at least one other se 1rment of said luralit of se Iments
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`from at least one other computer in said P2P network.
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`1 1. (Currently amended) A method as recited in claim 10 further
`
`comprising:
`
`said first computer combining a plurality of received segments each—said
`
`particular—segment to form said data item.
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`12. (canceled)
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`13. (Currently amended) A method as recited in claim 10 further
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`comprising, for each said particular segment that comprises said data item:
`
`
`
`In re Application of: FARBER, David et al.
`Application S.N.:
`l l/980,679
`Response to Non-Final Office Action
`
`obtaining a list of one tw_o or more computers in said P2P network that
`
`should have a copy of said particular segment stored thereon, and wherein said
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`step [[(al)]] (E) of requesting comprises requesting said particular segment from
`
`at least tw_o of said computers that should have a copy of said particular segment
`
`stored thereon.
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`14. (Currently amended) A method as recited in claim 1 1 wherein said
`
`segments are stored on computers in said network in an encoded form, and
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`wherein said step [[(a2)]] (Q) of obtaining, obtains the encoded form of each said
`
`particular segment, the method further comprising:
`
`for each particular segment of said plurality of segments that comprise said
`
`data item:
`
`(a3)
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`decoding the particular segment.
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`15. (Original) A method as recited in claim 14 wherein the encoded form
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`comprises a compressed form, and wherein step (a3) comprises decompressing the
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`particular segment.
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`16. (Currently amended) A method as recited in claim 10 wherein said
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`particular segments have been stored on said plurality of computers prior to said
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`step [[(al)]] (E) of requesting.
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`l7. (Currently amended) A method of obtaining a data item at a first
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`computer in a eer-to- eer P2P network of computers, said data item comprising
`
`
`
`In re Application of: FARBER, David et al.
`Application S.N.:
`l l/980,679
`Response to Non-Final Office Action
`
`a plurality of segments, each of said plurality of segments being stored on a
`
`plurality of computers in said P2P network: said plurality of computers being
`
`distinct from said first computer, the method comprising:
`
`(A)
`
`for each particular segment of said plurality of segments that
`
`comprise said data item:
`
`(a0)
`
`obtaining a list of computers in said m network of
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`computers that should have said particular segment;
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`(al)
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`requesting said particular segment from at least two
`
`computers oneeomputer on said list of computers; and
`
`(a2)
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`obtaining [[of]] said particular segment from said at least one
`
`computer in said P2P network on—said—l-ist; and
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`(B)
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`combining each said particular segment to form said data item g
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`said first computer,
`
`wherein at least two distinct segments are obtained in step (a2) from
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`different computers in said P2P network.
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`l8. (Canceled)
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`19. (Original) A method as recited in claim 17 wherein said step (a2)
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`obtains an encoded copy of said particular segment, the method further comprising
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`the step of:
`
`(a3)
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`decoding the encoded copy of the particular segment.
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`
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`In re Application of: FARBER, David et al.
`Application S.N.:
`l ”980,679
`Response to Non-Final Office Action
`
`20. (Original) A method as recited in claim 19 wherein said encoded copy
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`is encoded by compressing said particular segment, and wherein said step (a3) of
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`decoding comprises decompressing said encoded copy of the particular segment.
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`21. (Currently amended) A method of storing a data item in a network of
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`computers where at least some of said computers comprise a peer-to-peer network
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`of computers, the method comprising:
`
`(A)
`
`dividing the data item into a plurality of parts; and
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`(B)
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`causing each particular part of said plurality of parts of said data
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`item to be stored on a plurality of computers of at—least eneeomputeea said peer-
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`to—peer network of computers;
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`(C) maintaining {Hist of information about computers in said peer—to-
`
`peer network of computers onto which each—of said parts has have been stored; and
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`(D) making the information about said computers available to other
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`computers in said P2P network.
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`22. (Canceled)
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`23. (NEW) The method of claim 5 wherein the information made available
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`to other computers in step (D) comprises: the identifier determined for a segment.
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`24. (NEW) The method of claim 8 wherein the information made available
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`to other computers in step (D) comprises: the identifier determined for a segment.
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`
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`In re Application of: FARBER, David et al.
`Application S.N.:
`l l/980,679
`Response to Non-Final Office Action
`
`25. (NEW) The method of claim 4 wherein the measure of availability of a
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`computer comprises a measure of one or more measurement of bandwidth, cost,
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`and reliability of a connection to the computer.
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`26. (NEW) A method of obtaining a data item at a first computer in a peer-
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`to—peer (P2P) network of computers, said data item comprising a plurality of
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`segments, each of said plurality of segments having been stored on one or more
`
`computers in said P2P network, the method comprising:
`
`(A)
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`for a particular segment of said plurality of segments that comprise
`
`said data item:
`
`(a1)
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`obtaining information about computers in said P2P network
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`that may have a copy of said particular segment, said information obtained
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`for said particular segment including at least a substantially unique data
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`identifier of the particular segment, said identifier having been determined
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`as a given function of the data comprising said particular segment, where
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`any two identical segments will have identical identifiers;
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`(a2)
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`based at least in part on said information obtained, requesting
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`said particular segment from one or more computers in said P2P network;
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`and
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`(a3)
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`in response to said requesting, obtaining said particular
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`segment from at least one of said computers in said P2P network; and
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`(B)
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`repeating step (A) for multiple segments of said plurality of
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`segments that comprise said data item; and
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`
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`In re Application of: FARBER, David et al.
`Application S.N.:
`l 1/980,679
`Response to Non-Final Office Action
`
`(C)
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`combining the obtained segments to form said data item at said first
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`computer, wherein at least two distinct segments are obtained from distinct
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`computers in said P2P network.
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`27. (New) The method of claim 26 wherein said data item is a compound
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`file comprising a sequence of data segments.
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`_10_
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`
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`In re Application of: FARBER, David et al.
`Application S.N.:
`l l/980,679
`Response to Non-Final Office Action
`
`Reconsideration and allowance of this application are respectfully
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`REMARKS
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`requested.
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`By this Amendment, claims 3, 12, 18, and 22 have been canceled, and
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`claims I, 9, 10,
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`l l, l3, l4, l6, l7, and 21 have been amended. New claims 23-27
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`have been added.
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`The subject matter of canceled claims 3, 12, 18, and 22 has been
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`incorporated into the claims from which the depended. Thus, e.g., independent
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`claim 1 now recites that “at least some of said computers in said network comprise
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`part of a peer-to-peer (P2P) network of computers.” Similar amendments have
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`been made to independent claims 9, 10, 17, and 21.
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`No new matter has been added by these amendments.
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`Claims 1, 2, 4—1 1, 13-17, 19-21, and 23—27 are pending in this application.
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`THE §102 REJECTIONS
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`The Examiner rejected claims 1-22 under 35 U.S.C. § 102(e) as being
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`anticipated by Woodhill er al. (US 5,649,196 A, hereinafter “Woodhill”). The
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`grounds for this rejection are respectfully traversed.
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`The present invention relates to a data processing system operable in a
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`peer-to-peer (P2P) network. Data items (e.g., compound data files) are split into
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`multiple segments, and the data segments are distributed to computers in the P2P
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`network. A particular data segment may be located on a number of computers in
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`the P2P network. (There is no requirement that the data segments that make up a
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`data file all be located at the same computers in the network. Different data
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`segments may be on the same or on different computers in the P2P network.)
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`_11_
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`
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`In re Application of: FARBER, David et al.
`Application S.N.:
`l l/980,679
`Response to Non-Final Office Action
`
`In one aspect, e.g., as described in independent claims 1, 9, and 21 (and
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`their respective dependents), the invention relates to distributing data in such a
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`system, whereby each segment may be stored on one or more computers within
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`the P2P network. Information about the computers onto which the segments have
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`been stored is made available to other computers in the P2P network, thus
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`allowing other, possibly anonymous, computers in the network to gain access to
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`the data items and to rely on the availability of these data items.
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`As recited in amended independent claim 1, this invention is a method of
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`distributing a data item to a plurality of computers in a network of computers.
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`At least some of the computers in the network comprise part of a peer—to-peer
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`(P2P) network. The method includes the steps of: dividing the data item into a
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`plurality of segments; and causing each segment of the plurality of segments to be
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`stored on a plurality of computers in the P2P network. The method further
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`includes the steps of maintaining information about the computers in the P2P
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`network onto which the segments have been stored; and making available to other
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`computers in the P2P network the information about the computers onto which the
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`segments have been stored.
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`Claim 5 depends from claim 1 and further recites the step of determining,
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`for each particular segment, an identifier, the identifier being determined as a
`
`function of all of the data in the particular segment and only the data in the
`
`particular segment, where any two identical segments will have identical
`
`identifiers. Claim 8 requires that the identifier be determined as a given function
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`of the data comprising the particular segment, where any two identical segments
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`will have identical identifiers. For both claims 5 and 8, step (C) of maintaining
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`further comprises associating each of the segments with its corresponding
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`identifier. New claims 23 and 24 depend from claims 5 and 8, respectively, and
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`_12_
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`
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`In re Application of: FARBER, David et al.
`Application S.N.:
`l l/980,679
`Response to Non-Final Office Action
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`require that “the information made available to other computers . . . comprises: the
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`identifier determined for a segment.”
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`Independent claim 9 recites a method of distributing a plurality of data
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`items to a plurality of computers in a network of computers, wherein at least some
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`of the computers in the network comprise part of a peer-to-peer (P2P) network of
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`computers. The method of claim 9 includes the steps of dividing each of the
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`plurality of data items into a plurality of segments; and causing each of the
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`segments to be stored on a plurality of computers in the P2P network. (As noted
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`earlier, there is no requirement that the data segments that make up a data file all
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`be located at the same computers in the network. Different data segments for a
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`particular file may be on the same or on different computers in the P2P network.
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`Similarly, there is no requirement that each of data items be distributed over the
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`same computers in the network). The method further includes the steps of
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`maintaining information about computers in the P2P network onto which the
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`segments for the plurality of data items have been stored; and making available to
`
`other computers in the P2P network the information about the computers onto
`
`which the segments for the plurality of data items have been stored.
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`Independent claim 21 (as amended) recites a method of storing a data item
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`in a network of computers where at least some of the computers comprise a peer-
`
`to-peer network of computers. The method includes the steps of: dividing the data
`
`item into a plurality of parts; and causing each particular part of the plurality of
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`parts of the data item to be stored on a plurality of computers of the peer-to-peer
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`network of computers. The method further requires maintaining information
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`about computers in the peer-to-peer network of computers onto which the parts
`
`have been stored; and making the infomiation about the computers available to
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`other computers in the P2P network.
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`_13_
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`
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`In re Application of: FARBER, David et al.
`Application S.N.:
`l l/980,679
`Response to Non-Final Office Action
`
`In another aspect, e.g., as described in independent claims 10, 17, and 25
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`(new), and their respective dependents, this invention relates to obtaining data
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`items in such a system.
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`Independent claim 10 (as currently amended) recites a method of
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`obtaining a data item at a first computer in a peer-to-peer (P2P) network. As
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`required by the claim, the data item comprises a plurality of segments, where each
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`of the plurality of segments is stored on more than one computer in the P2P
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`network. The method of claim 10 includes the steps of: obtaining information
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`about computers in the P2P network that may have a copy of each particular
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`segment of the plurality of segments that comprise the data item; and, based at
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`least in part on the information, requesting at least one particular segment of the
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`plurality of segments that comprise the data item from a plurality of computers in
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`the P2P network. The method further requires obtaining the particular segment
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`from at least one of the computers in the P2P network; and obtaining at least one
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`other segment from at least one other computer in the P2P network.
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`Independent claim 17 (as currently amended) recites a method of
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`obtaining a data item at a first computer in a peer—to—peer (P2P) network. The
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`data item comprises a plurality of segments, each of the segments being stored on
`
`a plurality of computers in the P2P network. (Note, again, that each different
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`segment need not be stored on the same plurality of computers.) The method of
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`claim 17 includes the steps of, for each of the plurality of segments that comprise
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`the data item: (a0) obtaining a list of computers in the P2P network that should
`
`have the particular segment; (a1) requesting the particular segment from at least
`
`two computers on the list of computers; and (a2) obtaining the segment from at
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`least one computer in the P2P network. The method of claim 17 further requires
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`the step of combining the segments to form the data item on the first computer,
`
`_14_
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`
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`In re Application of: FARBER, David et al.
`Application S.N.:
`l 1/980,679
`Response to Non-Final Office Action
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`“wherein at least two distinct segments are obtained in step (a2) from different
`
`computers in the P2P network.”
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`New independent claim 26 recites a method of obtaining a data item at a
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`first computer in a peer—to—peer (P2P) network. The data item comprises a
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`plurality of segments, each of the segments having been stored on one or more
`
`computers in the P2P network. The method comprising includes the step of: (A)
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`for a particular segment of the plurality of segments that comprise the data item:
`
`(a l) obtaining information about computers in the P2P network that may have a
`
`copy of the particular segment, the information obtained for the particular segment
`
`including at least a substantially unique data identifier of the particular segment,
`
`the identifier having been determined as a given function of the data comprising
`
`the particular segment, where any two identical segments will have identical
`
`identifiers; (a2) based at least in part on the information obtained, requesting the
`
`particular segment from one or more computers in the P2P network; and (a3) in
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`response to the requesting, obtaining the particular segment from at least one of
`
`the computers in the P2P network. Step (A) is repeated for multiple segments of
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`the plurality of segments that comprise the data item. The obtained segments are
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`combined to form the data item at the first computer, “wherein at least two distinct
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`segments are obtained from distinct computers in the P2P network.”
`
`Note that the claims do not preclude (and do contemplate) that one or more
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`portions of a compound data item may already be present on the computer trying
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`to obtain the data item.
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`Woodhill relates to “distributed storage management on a networked
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`computer system and, more specifically, to a system and method for distributed
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`storage management on a networked computer system including a remote backup
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`_15_
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`
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`In re Application of: FARBER, David et al.
`Application S.N.:
`l 1/980,679
`Response to Non-Final Office Action
`
`file server and one or more local area networks in communication with the remote
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`backup file server.” Woodhill, col. 1, lines 10—17.
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`Woodhill describes a system for backing up and restoring data in a
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`network. Woodhill, col. 1, lines ()5 et seq. Local computer files are backed up to a
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`remote backup server via a wide area network (WAN). One copy of each file is
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`made on the backup server, and one other copy of the file is made on another
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`“local” computer (i.e., another computer on the same local area network (LAN)).
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`The backup file on the LAN may be deleted if space is needed. If a file needs to
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`be restored, it is obtained either from the other computer in the same LAN or, if
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`that is not available, from the backup server via the WAN.
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`Woodhill does not describe computers in a peer-to-peer (P2P) relationship.
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`The Examiner relies on elements 20 in Woodhill’s Fig. 1 (reproduced below) to
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`supposedly teach a P2P network. Applicant respectfully disagrees.
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`-16-
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`
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`In re Application of: FARBER, David et al.
`Application S.N.:
`1 1/980,679
`Response to Non-Final Office Action
`
`As shown in Woodhill’s Fig. l (and described in Woodhill, col. 3, lines 8—
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`30), each local computer 20 is part of a corresponding local area network 16.
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`(“Each local area network 16 includes
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`local computers 20 each in
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`connnunication with their respective local area network 16 via data paths 17.” Id.
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`lines 24 et seq.) But there is nothing in Woodhill to teach or in any way suggest
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`that any of the computers across any local area network form a peer-to—peer
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`network. Even if, arguendo, the local computers 20 within a LAN 16 in Woodhill
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`do form a P2P network (which applicant does not accept), Woodhill’s remote
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`backup file server 12 is not part of any such P2P network.
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`As to claim 1, Woodhill lacks any teaching of the claimed: “causing each
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`segment of said plurality of segments to be stored on a plurality of computers in
`
`said P2P network.” In Woodhill each segment is stored on the backup server and
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`on one other computer 20 in the same LAN. As noted above, the backup server
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`and the computer 20 are not part of a P2P network. Furthermore, Woodhill has no
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`teaching of the claimed steps of “maintaining information about the computers in
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`said P2P network onto which said segments have been stored; and making
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`available to other computers in said P2P network the information about the
`
`computers onto which said segments have been stored.” In Woodhill the
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`computer being backed up maintains its own information, but this information is
`
`not and would not be made available to other computers in the network.
`
`For at least these reasons, claim 1 and its dependents are patentable over
`
`Woodhill.
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`Similar arguments apply to claims 9 and 2] and their dependents.
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`As to the claims to obtaining data in a P2P network (claims 10, 17, and
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`25 and their dependents), Woodhill lacks any teaching of the P2P network (as
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`discussed above). Further, as to claim 10, Woodhill lacks any teaching of the
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`claimed “requesting at least one
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`segment
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`from a plurality of computers
`
`_17_
`
`
`
`In re Application of: FARBER, David et a1.
`Application S.N.:
`l 1/980,679
`Response to Non-Final Office Action
`
`in said P2P network.” As noted above, in Woodhill, if a file needs to be restored,
`
`that file is obtained either from the other computer 20 in the same LAN or, if that
`
`is not available, from the backup server via the WAN. But Woodhill does not
`
`request a segment from a plurality of computers in a P2P network. Claim 10
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`further requires obtaining one segment “from said at least one of a plurality of
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`computers in said P2P network” and another segment “from at least one other
`
`computer in said P2P network.” This feature is lacking from Woodhill where a
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`file is restored either from another computer 20 in the same LAN or, if that is not
`
`available, from the backup server (as noted, backup server and the computer 20
`
`are not part of a P2P network).
`
`For at least these reasons, claim 10 and its dependents are patentable over
`
`Woodhill.
`
`Similar arguments apply to claims 17 and 25 and their dependents.
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`[11 view of the above, withdrawal of this rejection under §102 is respectfully
`
`requested.
`
`RELATED APPLICATIONS
`
`The Examiner’s attention has previously been directed to co-pending US.
`
`Patent Applications which are directed to related technical subject matter. The
`
`attached Form PTO-1449 (modified) lists office actions issued in applications
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`1 1/017,650 and 1 1/724,232. As these patent applications are stored electronically
`
`at the PTO, no copies are being provided herewith. If the Examiner requires
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`copies of any of these applications or any additional information regarding any of
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`the documents cited herein, the Examiner is respectfully requested to contact the
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`undersigned at the number provided.
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`_18_
`
`
`
`In re Application of: FARBER, David et a1.
`Application S.N.:
`l ”980,679
`Response to Non-Final Office Action
`
`CONCLUSION
`
`Applicant respectfully submits that this application is in condition for
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`allowance, and an early action allowing the claims is earnestly solicited.
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`Should the Examiner believe that a telephone call will resolve any
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`outstanding issues in this case, he is invited to telephone the undersigned at the
`
`number provided.
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`until/ u nless an issue fee transmittal sheet is filed.
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`CU STO M ER N U M BER
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`Respectfully submitted,
`
`
`
`
`CHARGE STATEMENT: De osit Account No. 501860, order no. 2618-0020.
`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 AccountingrOrder Nos. shown above, for which purpose a duplicate copy of this sheet
`
`is attached
` This CHARGE STATEMENT does not authorize charge of the issue fee
`
`
`
` [Brian Siritzky/Reg. No. 37,497
`
`
`
`Brian Siritzky, PILD.
`Registration NO . 37 49?
`
`75948
`
`Davidson Bcrquisl Jackson & Gowdcy LLP
`4300 Wilson Blvd, "i'lh Floor,
`Arlington Virginia 22203
`Main; (703) 894—64onomx; (703) 894—6430
`
`By:
`
`_19_
`
`