`
`Art Unit: 2177
`
`Page 3
`
`Specification
`
`5.
`
`The title of the invention has not been substantially amended to be descriptive. A new title
`
`is required that is clearly indicative of the invention to which the claims are directed.
`
`6.
`
`The abstract of the disclosure is objected to because it fails to be narrative of thé claimed
`
`invention. Correction is required. See MPEP § 608.01(b).
`
`7.
`
`Applicant is reminded of the proper content of an abstract of the disclosure.
`
`A patent abstract is a concise statement of the technical disclosure of the patent and
`should include that which is new in the art to which the invention pertains. If the patent is of a
`basic nature, the entire technical disclosure may be new in the art, and the abstract should be
`directed to the entire disclosure. If the patent is in the nature of an improvement in an old
`apparatus, process, product, or composition, the abstract should include the technical disclosure
`of the improvement. In certain patents, particularly those for compounds and compositions,
`wherein the process for making and/or the use thereof are not obvious, the abstract should set
`forth a process for making and/or use thereof. If the new technical disclosure involves
`modifications or alternatives, the abstract should mention by way of example the preferred
`modification or alternative.
`
`The abstract should not refer to purported merits or speculative applications of the
`invention and should not compare the invention with the prior art.
`
`Where applicable, the abstract should include the following:
`(1) if a machine or apparatus, its organization and operation;
`(2) if an article, its method of making;
`(3) if a chemical compound, its identity and use;
`(4) if a mixture, its ingredients;
`(5) if a process, the steps.
`
`Extensive mechanical and design details of apparatus should not be given.
`
`8.
`
`Applicant is reminded of the proper language and format for an abstract of the disclosure.
`
`GOOG-1002
`
`Page 176 of 351
`
`
`
`
`
`
`
`
`
`
`
`Ï
`
`Ì
`
`
`
`
`
`
`
`
`
`
`
`GOOG-1002
`
`
`
`Serial Number: 09/283,160
`
`Art Unit: 2177
`
`Page 4
`
`The abstract should be in narrative form and generally limited to a single paragraph on a
`separate sheet within the range of 50 to 250 words.
`It is important that the abstract not exceed
`250 words in length since the space provided for the abstract on the computer tape used by the
`printer is limited. The form and legal phraseology often used in patent claims, such as "means"
`and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist
`readers in deciding whether there is a need for consulting the full patent text for details.
`
`The language should be clear and concise and should not repeat information given in the
`It should avoid using phrases which can be implied, such as, "The disclosure concerns,"
`title.
`"The disclosure defined by this invention," "The disclosure describes," etc.
`
`Claim Objections
`
`9.
`
`Claims 72-76 and 91 are objected to because of the following informalities: the cited
`
`method claims improperly depend on the system of claim 54 . Appropriate correction is required.
`
`Claim Rejections - 35 USC § 112
`
`10.
`
`The following is a quotation of the first paragraph of 35 U.S.C. 1 12:
`
`The specification shall contain a written description ofthe invention, and ofthe manner and
`process of making and using it, in such full, clear, concise, and exact terms as to enable any
`person skilled in the art to which it pertains, or with which it is most nearly connected, to
`make and use the same and shall set forth the best mode contemplated by the inventor of
`carrying out his invention.
`
`11.
`
`Claims 54-106 are rejected under 35 U.S.C. 112, first paragraph, as containing subject
`
`matter which was not described in the specification in such a way as to enable one skilled in the
`
`art to which it pertains, or with which it is most nearly connected, to make and/or use the
`
`invention. The specification does not seem to have described the operation of the claimed plurality
`
`of servers, including a source server,
`
`that allows a client to request and retrieve cached a data
`
`GOOG-1002
`
`Page 177 of 351
`
`
`
`
`
`
`
`
`
`
`
`
`Ð
`
`Ð
`
`
`
`
`
`
`
`
`
`
`
`GOOG-1002
`
`
`
`Serial Number: 09/283,160
`
`Art Unit: 2177
`
`Page 5
`
`item through the use of a hashed identifier. Applicant is respectfully requested to indicate where
`
`support has been provided for these limitations.
`
`In the event that the original specification does provide support for the instant claims, the
`
`examiner submits that these claims are rejected under double patenting as follows:
`
`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created doctrine
`12.
`grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or
`improper timewise extension of the "right to exclude" granted by a patent and to prevent possible
`harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed.
`Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686
`F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA
`1970);and, In re Thoringron, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321© may be used to
`overcome an actual or provisional rejection based on a nonstatutory double patenting ground
`provided the conflicting application or patent is shown to be commonly owned with this
`application. See 37 CFR 1.130(b).
`Effective Januaiy 1, 1994, a registered attorney or agent of record may sign a terminal
`disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
`
`13.
`
`Claims 54-106 are rejected under the judicially created doctrine of double patenting over
`
`claims 1-48 of U. S. Patent No. 5,978,791 since the claims, if allowed, would improperly extend
`
`the "right to exclude" already granted in the patent.
`
`The subject matter claimed in the instant application is fully disclosed in the patent and is
`
`covered by the patent since the patent and the application are claiming common subject matter.
`
`Furthermore, there is no apparent reason why applicant was prevented from presenting
`
`claims corresponding to those of the instant application during prosecution of the application
`
`GOOG-1002
`
`À
`
`Á
`
`Â
`
`Ã
`
`½
`
`Ö
`
`ê
`
`Page 178 of 351
`
`Æ
`
`Ç
`
`È
`
`É
`
`½
`
`GOOG-1002
`
`
`
`Serial Number: O9/283,160
`
`Art Unit: 2177
`
`Page 6
`
`which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968).
`
`See also MPEP § 804.
`
`Claim Rejections - 35 USC § 103
`
`14.
`
`The following is a quotation of 35 U.S.C. lO3(a) which forms the basis for all obviousness
`
`rejections set forth in this Ofiice action:
`
`(a) A patent may not be obtained though one invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
`
`This application currently names joint inventors.
`
`In considering patentability of the claims
`
`under 35 U.S.C. lO3(a), the examiner presumes that the subject matter of the various claims was
`
`commonly owned at the time any inventions covered therein were made absent any evidence to
`
`the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor
`
`and invention dates of each claim that was not commonly owned at the time a later invention was
`
`made in order for the examiner to consider the applicability of 35 U.S.C. 103© and potential 35
`
`U.S.C. 102(t) or (g) prior art under 35 U.S.C. lO3(a).
`
`15.
`
`Claims 54-106 are rejected under 35 U.S.C. lO3(a) as being unpatentable over Nelson et
`
`al. (Nelson), US. Patent No. 5,452,447,
`
`in view of Hamilton et al. (Hamilton), US Patent No.
`
`5,640,564.
`
`GOOG-1002
`
`¨
`
`©
`
`ª
`
`«
`
`¥
`
`µ
`
`
`
`Page 179 of 351
`
`®
`
`¯
`
`¬
`
`°
`
`¥
`
`GOOG-1002
`
`
`
`
`
`Serial Number: 09/283,160
`
`Art Unit: 2177
`
`Page 7
`
`As to claims 54-56, Nelson substantially discloses the invention including a data
`
`processing system for caching a file server to thereby allow client users to request and retrieve
`
`files in a distributed computer system (abstract, lines 1-8 et seq). In particular, Nelson discloses a
`
`plurality of network servers (fig. 3, items 56, 58, 60, 68) including at least some cached? data
`items from a source server (see fig. 1, items 28, 30; abstract, lines 8-15, et seq). Nelson further
`
`discloses the use of a hash function on a data file to thereby quickly retrieve the data file from the
`
`cache upon user’s request (col.17, lines 18-41 et seq).
`
`Nelson does not particularly detail the use of the hashing fiinction on the data file to create
`
`an identifier, which can be utilized to retrieve the data file upon user’s request. However,
`
`Hamilton discloses an analogous system wherein a hashing function is applied to a data item to
`
`thereby create an identifier, which a user can utilize to request and retrieve a corresponding data
`
`item (col. 6, -lines 28-39 et seq).
`
`It would have been obvious to one of ordinary skill in the art of
`
`data processing to combine the teachings of the cited references because Hamilton’s teaching
`
`would allow the users of Nelson’s system to expeditiously and dynamically retrieve a file as it is
`
`updated.
`
`As to claim 57, Hamilton discloses the correspondence between a data identifier and a
`
`data item on a server, wherein a data identifier uniquely identifies a corresponding data item (col.
`
`6, lines 20-21 et seq).
`
`GOOG-1002
`
`Page 180 of 351
`
`¨
`
`©
`
`ª
`
`«
`
`¥
`
`Ñ
`
`¦
`
`®
`
`¯
`
`¬
`
`°
`
`¥
`
`GOOG-1002
`
`
`
`Serial Number: 09/283,160
`
`Art Unit: 2177
`
`Page 8
`
`As to claim 58, Nelson discloses the retrieval of a data item from another server, if it is not
`
`located on a given server (col. 15, lines 50-60 et seq).
`
`As to claim 59, Nelson discloses the retrieval of a local copy of the data item froin another
`
`server, if it is not located on a given server (col. 15, lines 23-26 et seq).
`
`As to claim 60, Nelson discloses some data items distributed across the network as cached
`
`version of another server (col. 7, lines 29-35 et seq).
`
`As to claim 61, Nelson discloses the resolution of a request for a particular data item
`
`based on the availability of the servers (col. 10, lines 8-24 et seq).
`
`16.
`
`The limitations of claims 62-106 have already been discussed in the in the rejection of
`
`claims 54-61 above . They are therefore rejected on similar grounds.
`
`Conclusion
`
`17.
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure. Please see attached PTO-892.
`
`GOOG-1002
`
`¨
`
`©
`
`ª
`
`«
`
`¥
`
`Ñ
`
`¥
`
`Page 181 of 351
`
`®
`
`¯
`
`¬
`
`°
`
`¥
`
`GOOG-1002
`
`
`
`Serial Number: 09/283,160
`
`Art Unit: 2177
`
`Page 9
`
`Any inquiry concerning this communication or earlier communications from the examiner should
`
`be directed to Jean R. Homere whose telephone number is (703)-308-6647.
`
`The examiner can
`
`normally be reached on Monday-Friday from 08:30 a.m.-5:00 p.m.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, John
`
`Breene, can be reached on Monday-Friday from 8:00 a.m. to 3:30 p.m. at (703)-305-9700.
`
`Any response to this action should be mailed to: Commissioner of Patents and Trademarks
`
`Washington, D.C. 20231, or faxed to: (703) 308-9051, (for formal communications intended for
`
`entry), Or: (703) 305-9731 (for informal or draft communications, please label "PROPOSED"
`
`or "DRAFT"). Hand-delivered responses should be brought to Crystal Park 11, 2121 Crystal Drive, Arlington. VA.,
`
`Sixth Floor (Receptionist). The facsimile phone number for this group is (703) 308-5357.
`
`Any inquiry of a general nature or relating to the status of this application should be directed to
`
`the Group receptionist whose telephone number is (703) 305-9600.
`
`flr*\(v~e_
`Jfgg
`Jean R. Homere
`
`Primary Examiner, A.U. 2177
`June 01 , 2001
`
`GOOG-1002
`
`¨
`
`©
`
`ª
`
`«
`
`¥
`
`Ñ
`
`§
`
`Page 182 of 351
`
`®
`
`¯
`
`¬
`
`°
`
`¥
`
`GOOG-1002
`
`
`
`FORM PTO-892
`
`U.S. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`NOTICE OFREFERENCES CITED
`
`SERIAL NO.
`O9/283,160
`APPL|CANT(S)
`
`GROUP ART
`UNQ177
`
`ATTACHMENT
`T0 PAPER NO.
`
`PAGE 1 OF 1
`
`U.S. PATENT DOCUMENTS
`
`DATE
`
`10/2000
`
`12/1999
`
`9/1998
`
`6/1997
`9/1995
`
`4/1993
`
`NAME
`
`Jones etai.
`
`Burnett et al.
`
`Nguyen
`
`Hamilton et al.
`Nelson et al.
`
`Gramlich et al.
`
`F5';\'~'r”E
`
`Farber et al.
`
`CLASS
`
`709
`
`395
`
`707
`
`709
`707
`
`707
`
`CS._L,i§‘3
`
`330
`
`200.49
`
`1
`
`3035
`205
`
`2
`
`*
`
`DOCUMENT NO.
`
`6,134,603
`
`6,006,018
`
`5,809,494
`
`5,640,564
`5,452,447
`
`5,202,982
`
`A
`
`B
`
`C
`
`D
`E
`
`F
`
`G H «
`
`J
`
`I‘
`
`SUB-
`CLASS
`
`1
`
`T
`
`*
`
`DOCUMENT N0.
`
`DATE
`
`COUNTRY
`
`NAME
`
`CLASS
`
`FOREIGN PATENT DOCUMENTS
`
`OTHER REFERENCES (Including Author, Title, Date, Pertinent Pages, Etc.)
`
`L M N o
`
`P Q
`
`R S
`
`T U
`
`EXAMINER
`
`DATE
`
`June 1, 2001
`Jean R. Homere
`* A copy ofthis reference is not being furnished with this office action.
`(See Manual of Patent Examining Procedure, section 707.05(a).)
`
`,;o,m5g2mm5b
`
`Page 183 of 351
`
`
`
`
`
`
`
`
`
`
`
`
`·
`
`
`
`
`
`
`
`
`
`
`
`
`
`GOOG-1002
`
`
`
`
`
`Form PTO 048 (Rev. 8—98)
`
`U.S. DEPARTMENT OF COMMERCE - Patent and Trademark Office
`
`Application No.
`
`Q I "8 3/bé
`0
`
`NOTICE OF DRAFTSPERSON‘S
`PATENT DRAWING REVIEW
`
`are:
`l
`'1 he drawing(s) filed (insert date)
`A. [3 zpproved by the Draftsperson under 37 CFR 1.84 or 1.152.
`jected to by the Draftsperson under 37 CFR 1.84 or 1.152 for the reasons indicated below. The Examiner will require
`s mission of new, corrected drawings when necessary. Corrected drawing must be sumitted according to the instructions on the back ofthis notice.
`
`. DRAWINGS. 37 CFR l.84(a): Acceptable categories of drawings:
`Black ink. Color.
`Color drawings are not acceptable until petiton is granted.
`Fig(s) ____?
`__ Pencil and non black ink not permitted. Fig(s)
`. PHOTOGRAPHS. 37 CFR L84 (b)
`_ I full<tone set is required. Fig(s)
`_ Photographs not properly mounted (must use brystol board or
`photographic double-weight paper). Fig(s)
`__ Foor quality (half-tone). Fig(s)
`. TYPE OF PAPER. 37 CFR 1.84(e)
`_ Paper not flexible, strong, while, and durable.
`Fig(s) _____.
`Erasures, alterations, overwritings, inlerlineations,
`folds, copy machine marks not accepted. Fig(s)
`__ Mylar, velum paper is not acceptable (too thin).
`Fists) ___._
`. SIZE OF PAPER. 37 CFR l.84(i): Acceptable sizes:
`__ 21.0 cm by 29.7 cm (DIN size A4)
`__ 21.6 cm by 27.0 cm (8 1/2 x11 inches)
`All drawing sheets not the same size.
`Sheet(s)
`? Drawings sheets not an acceptable size. Fig(s)
`. MARGINS. 37 CFR l.84(g): Acceptable margins:
`
`Top 2.5 cm Left 2.5cm Right I5 cm Bottom 1.0 cm
`SIZE: A4 Size
`Top 2.5 cm Left 2.5 cm Right 15 cm Bottom 1.0 cm
`
`3' (-91, ab/Lg , ;€;»-lCl
`l/=ft( )
`Top (I)
`__ Right (R) _: Bottom (B)
`_
`‘
`. VIEWS. 37 CFR 1.84(h)
`REMINDER: Specification may require revision to
`correspond to drawing changes.
`Partial views. 37 CFR 1.84(h)(2)
`__ Brackets needed to show figure as one entity.
`Fig(s) _.__._
`& Views not labeled separately or properly.
`Fig(s) __j
`Enlarged view not labeled separetely or properly.
`Fig(s)T
`. SECFIONAL VIEWS. 37 CFR 1.84 (h)(3)
`Hatching not indicated for sectional portions of an object.
`Fig(s) ___.:
`__ Sectional designation should be noted with Arabic or
`Roman numbers. Fig(s)
`
`COMMEINIZFS
`
`. ARRANGEMENT OF VIEWS. 37 CFR I.84(i)
`Words do not appear on a horizontal, left-to-right fashion
`when page is either upright or turned so that the top
`becomes the right side, except for graphs. Fig(s)
`. SCALE. 37 CFR 1.84(k)
`Scale not large enough to show mechanism without
`crowding when drawing is reduced in size to two-thirds in
`reproduction.
`Fig(s)
`. CHARACTER OF LINES, NUMBERS, & LETFERS.
`37 CFR 1.84(i)
`Lines, numbers 84 letters not uniformly thick and well
`defined, clean, durable, and black (poor line quality).
`Fig(s)
`. SHADING. 37CFR1.84(m)
`Solid black areas pale. Fig(s)
`Solid black shading not permitted. Fig(s)
`Shade lines, pale, rough and blurred. Fig(s)
`. NUMBERS, LETTERS, & REFERENCE CHARACTERS.
`37 CFR l.84(p)
`.
`__ Numbers and reference characters not plain and legible.
`Fig(s)_:
`__ Figure legends are poor. Fig(s)
`__ Numbers and reference characters not oriented in the
`same direction as the view. 37 CFR 1.84(p)(l)
`Fig(s) __.__
`__ English alphabet not used. 37 CFR 1.84-(p)(2)
`Figs ________
`Numbers, letters and reference characters must be at
`.32 cm (1/8 inch) in height. 37 CFR l.84(p)(3)
`/
`Fig(s)
`. LEAD LINES. 37 can l.84(q)
`bead lines cross each other. Fig(s)
`-— Lead lines missing. Fig(s)
`. NUMBERING OF SHEETS OF DRAWINGS. 37 CFR l.84(t)
`Sheets not numbered consecutively, and in Arabic numerals
`beginning with number I. Sheet(s)
`. NUMBERING OF VIEWS. 37 CFR l.84(u)
`Views not numbered consecutively, and in Arabic numerals,
`beginning with number 1. Fig(s)
`'. CORRECTIONS. 37 CFR l.84(w)
`Corrections not made from prior PTO-948
`dated
`. DESIGN DRAWINGS. 37 CFR 1.152
`Surface shading shown not appropriate. Fig(s)
`Solid black shading not used for color contrast.
`Fig(s)
`
`least
`
`L TELEPHOR
`
`GOOG-1002
`
`Page 184 of 351
`
`®
`
`¯
`
`¬
`
`°
`
`¥
`
`¨
`
`©
`
`ª
`
`«
`
`¥
`
`Ñ
`
`³
`
`GOOG-1002
`
`
`
`
`
`INFORMATION ON HOW TO EFFECT DRAWING CHANGES
`
`1. Correction of Informalities--37 CFR 1.85
`
`File new drawings with the changes incorporated therein. The application number or the title ofthe invention,
`inventor's name, docket number (if any), and the name and telephone number of a person to call if the Office
`is unable to match the drawings to the proper application, should be placed on the back of each sheet of
`drawings in accordance with 37 CFR1.84(c). Applicant may delay filing ofthe new drawings until receipt of
`the Notice of Allowability (PTOL-37). Extensions of time may be obtained under the provisions of 37 CFR
`1.136. The drawing should be filed as a separate paper with a transmittal letter addressed to the Drawing
`Processing Branch.
`
`2. Timing for Corrections
`
`Applicant is required to submit acceptable corrected drawings within the three-month shortened statutory
`period set in the Notice of Allowability (PTOL-37).
`if it correction is determined to be unacceptable by the
`Office, applicant must arrange to have acceptable corrections resubmitted within the original tltrec—montl:
`period to avoid the necessity of obtaining an extension of time and paying the extension fee. Therefore,
`applicant should file corrected drawings as soon a possible.
`
`Failure to take corrective action within set (or €X‘.t:l’td€Cil
`Application.
`
`period will result in AB/-ENDONMENT of thc
`
`3. Corrections other than lnformalities Noted by the Drawing Review Branch on the Form l-”l‘0-948
`
`All changes to the drawings, other than inforrnalities noted by the Drawing Review Branch, MUST be approved
`by the examiner before the application will be allowed. No changes will be permitted to be made, other than
`correction of informalities, unless the examiner has approved the proposed changes.
`
`\ t
`
`‘‘
`
`GOOG-1OO2
`Page 185 of 351
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`GOOG-1002
`
`
`
`DEPT OF COMMERCE
`PATENT
`AND
`TRADEMARK
`
`
`
`a
`
`2121 CRYSTAL DRIVE
`
`
`
`ARLINGTON, VA 22202
`
`
`
`facsimile transmittal
`
`I
`
`V‘
`
`To:
`‘]D3“~Q5”0D
`Fax: Q05‘)
`1»Jrz_K\:(
`From:
`‘kg
`_ %,°n,\J(£L Date:
`g!_U [OJ
`
`
`D Urgent
`
`D For Review
`
`D Please Comment
`
`[3 Please Reply
`
`El Please Recycle
`
`GOOG-1002
`
`Page 186 of 351
`
`À
`
`Á
`
`Â
`
`Ã
`
`½
`
`ê
`
`Í
`
`Æ
`
`Ç
`
`È
`
`É
`
`½
`
`GOOG-1002
`
`
`
`Application No.
`
`09/283,160
`_
`Farber et al.
`
`Examiner
`Inter‘/Iew Summary
`' Group Art Unit Jean R. Homere 2177
`
`
`
`
`All participants (applicant, applicant's representative, PTO personnel):
`
`Appiicant(s)
`
`
`
`(3)
`
`(4)
`
`(1) Jean R. Homere
`
`(2) Brian Siritzky, Reg. No. 37 497
`
`Date of Interview
`
`Aug 13, 2001
`
`flideo Conference
`b)
`Type: a)ljTeIephonic
`c)K] Personal [copy isgiven to 1)
`[applicant 2)
`
`Ebplicants representative]
`
`Exhibit shown ordemonstratlon conducted: d)
`
`fires
`
`e)
`
`fix If yes, brief description:
`
`
`
`C|aim(s) discussed: 54
`
`identification of prior art discussed:
`Hamilton (USP No. 5 640 564) and Nelson (USP No. 5 452,447)
`
`
`Agreementwithrespecttothe claims
`
`f) Evasreached. g)
`
`Easnotreached.
`
`h) N.
`
`Substance of Interview including description of the general nature of what was agreed to if an agreement was reached, or any
`other comments:
`
`The applicant's representative pointed to various portions of the specification in support of the claimed languaae. and to
`overcome the 35 USC 112 reiectlon. The examiner informed the representative that so lonq as the cited portions of the
`specification are made of record they are likely to be sufficient to overcome the 112 reiection. Regardina the prior art
`reiection the representative argued that the prior art of record does not detail data items as being files that are
`content-sensitive. In response, the examiner pointed out that the claimed data items encompass both obiect identifiers and
`actual files. Conseguentlv the representative faxed in an amemded claim to limit the language to data files that comprise the
`content of the files. The examiner then informed the representative that the proposed amendment is likely to overcome the
`nor art of record. However. further consideration mi ht be deemed necessarv.
`
`:
`
`(A fuller description, if necessary, and a copy of the amendments which the examiner agreed would render the claims allowable, If
`available, must be attached. Also, where no copy of the amendments that would render the claims allowable is available, a
`summary thereof must be attached.)
`
`It is not necessary for applicant to provide a separate record of the substance of the interview (if box is checked).
`i)L]
`Unless the paragraph above has been checked, THE FORMAL WRITTEN REPLY TO THE LAST OFFICE ACTION MUST
`INCLUDE THE SUBSTANCE OF THE INTERVIEW.
`(See MPEP section 713.04).
`If a reply to the last Office action has
`already been filed, APPLICANT IS GIVEN ONE MONTH FROM THIS INTERVIEW DATE TO FILE A STATEMENT OF THE
`SUBSTANCE OF THE INTERVIEW. See Summary of Record of Interview requirements on reverse side or on attached sheet.
`
`Examiner Note: You must sign this form unless it is an
`Attachment to a signed Office action.
`U. 5 Patent and Trademark Office
`
`PTO-413 (Rev. 03-98)
`
`Interview Summary
`
`yfl/\,
`JEAN R. HOMERE
`PRIMARY EXAMWER
`ART UM-r 2177
`
`Part of Paper No.
`GOOG-1 02
`
`I
`
`Page 187 of 351
`
`
`
`
`
`
`
`
`
`
`
`
`·
`
`Ð
`
`
`
`
`
`
`
`
`
`
`
`GOOG-1002
`
`
`
`fire
`<2 2 7 0/
`W
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`In re PATENT APPLICATION of
`
`FARBER et aL
`
`Appln. No. 09/283,160
`
`Filed: April 1, 1999
`
`
`
`Group Art Unit:
`
`2177
`
`Examiner: Homere, Jean R.
`
`EXPEDITED
`EXAMINA TI0N
`
`For:
`
`IDENTIFYING AND REQUESTING DATA IN NETWORK USING
`IDENTIFIERS WHICH ARE BASED ON CONTENTS OF DATA (As Amended)
`
`>l<
`
`* * >l< *
`
`August 22, 2001
`
`RESPONSE
`
`R
`
`Hon. Commissioner of Patents
`and Trademarks
`Washington, D.C. 20231
`
`Sir:
`
`'
`
`Te /7
`
`AUG 2 4 _
`/’//_r ,
`flolggy C
`,0!‘:
`enterg,
`
`Please amend this application as follows:
`
`IN THE CLAIMS:
`
`Please amend the claims as follows (the claim amendments are shown in detail in the
`
`attached appendix):
`
`&
`54. (Amended) In a system in which a set of data files are distributed across a network
`
`of servers, at least some of the data files being cached versions of data files from a source
`
`server, wherein the source server is distinct from the servers in the network, a content
`
`delivery method comprising:
`
`determining a data identifier for a particular data file on the source server, the data
`
`identifier being determined using a given function of the data, wherein said data used by the
`
`GOOG-1002*”
`
`Page 188 of 351
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`GOOG-1002
`
`
`
`/ A
`
`../r"
`
`J l
`
`pplication of Farber et a., .10. 09/283,160
`
`given function to determine the data identifier comprises the contents ofthe particular data
`file; and
`responsive to a request for the particular data file, the request including at least the
`data identifier of the particular data file, providing the particular data file from a given one of
`the servers of the network of servers, said providing being based on the data identifier of the
`
`requested data item.
`
`gl/.(Amended) In a system in which a set ofdata files are distributed across a network
`of servers, some of the data files being cached from a source server distinct from the servers
`
`in the network, a content delivery method comprising:
`determining a data identifier for a particular data file on the source server, the data
`identifier being determined using a given function of the data, wherein said data used 3_by the
`given function to determine the data identifier comprises the contents ofthe particular data
`file; and
`responsive to a request for the particular data file, the request including at least the
`data identifier of the particular data file, causing a copy of the particular data file to be
`
`provided from a given one of the servers of the network of servers.
`
`$4 (Amended) A content delivery method, comprising:
`
`distributing a set of data files across a network of servers;
`determining a data identifier for a particular data file, the data identifier being
`determined using a given function of the data, wherein said data used by the given function to
`determine the data identifier comprises the contents of the particular data file; and
`
`in response to a request for the particular data file, the request including at least the
`data identifier of the particular data file, providing the particular data file from a given one of
`the servers of the network of servers, said providing being based on the data identifier of the
`
`particular data file.
`
`ll
`
`‘D
`. (Amended) A method as in claim 5/Kfurther comprising:
`determining whether the data identifier corresponds to a data identifier of any data file
`
`present on the given server.
`
`GOOG-1002
`Page 189 of 351
`
`®
`
`¯
`
`¬
`
`°
`
`¥
`
`¨
`
`©
`
`ª
`
`«
`
`¥
`
`Ñ
`
`
`
`GOOG-1002
`
`
`
`
`
`5 Application of Farber et a., .40. 09/283,160
`
`1)
`
`Y2
`
`(Amended) A method as in claim 57 further comprising:
`based on said determining, if the data identifier does not correspond to a data file
`
`present on the given server, locating the particular data file from another server.
`
`(5
`
`Vb
`(Amended) A method as in claim :}8 further comprising:
`obtaining, on the given server, a local copy of the particular data file, from the other
`
`server.
`
`ti)
`(Amended) A method as in claim ';'6 wherein at least some ofthe data files
`idi
`distributed across the network of servers are cached versions of data files from another
`
`server, distinct from the network of servers.
`
`,
`\9
`
`1°
`‘_
`(Amended) A method as in claim §6 further comprising:
`resolving the request for the particular data file based on a measure of availability of
`at least one of the servers.
`
`)5
`pp 6/2/. (Amended) A method as in claim§ri/wherein the measure ofavailability is based
`
`on one or more of:
`
`(a) a measurement of bandwidth to the server;
`
`(b) a measurement of a cost of a connection to the server, and
`
`(c) a measurement of a reliability of a connection to the server.
`
`no
`\’\
`9?. (Amended) A method as in claim Sfl wherein the data file is a compound data file
`made up of various component data files, the method further comprising:
`
`for each component data file of at least some of the component data files:
`
`(a) determining a data identifier for the component data file, the data identifier
`
`for the component file determined using the given function of the data,
`
`wherein said data used by the given function to determine the data identifier
`
`comprises the contents of the component data file; and
`
`(b) providing the component data file from a given one of the servers of the
`network of servers.
`
`7 ,
`
`,
`) Kg
`
`7
`;/
`GOOG-1002
`
`Page 190 of 351
`
`m
`
`n
`
`o
`
`p
`
`j
`
`
`
`k
`
`r
`
`s
`
`t
`
`u
`
`j
`
`GOOG-1002
`
`
`
`
`
`
`.2‘K .
`1 Application of Farber et a., .40. 09/283,160
`Lg
`1‘?
`M. (Amended) A content delivery method, comprising:
`distributing a set of data files across a network of servers;
`for a particular data file having a particular name specifying a location in the network
`at which the data file may be located, determining another name for the particular data file,
`the other name including a data identifier determined using a given function of the data,
`where said data used by the given function comprises the contents of the particular data file;
`and
`
`in response to a request for the particular data file, the request including the other
`name of the particular data file, providing the particular data file from a given one of the
`servers of the network of servers.
`
`[1
`(1
`6;((Amended) A method as in claim 94’wherein at least some of the data files are
`cached versions of data files from another server which is distinct from the network of
`servers.
`
`(‘B
`«Z0
`6/6/. (Amended) A method as in claim 6/Vfurther comprising:
`resolving the request for the particular data file based on a measure of availability of
`at least one of the servers.
`
`'p\
`go
`9%(Amended) A method as in claim§6/wherein the measure of availability is based
`on one or more of:
`
`(a) a measurement of bandwidth to the server;
`(b) a measurement of a cost of a connection to the server, and
`
`(c) a measurement of a reliability of a connection to the server.
`
`" (68. (Amended) A method as in claimV.64'wherein the particular data file is a
`compound data file comprising various component data files, the method further comprising:
`for at least one component data file:
`(a) determining a data identifier for the component data file, the data identifier
`determined using a given function of the data, wherein said data used by the
`
`given function comprises the contents of the component data file; and
`
`(b) providing the component data file from a given one of the servers of the
`network of servers.
`
`4
`
`/7"
`/
`
`.‘',
`
`,
`‘.2
`
`GOOG-1002
`
`Page 191 of 351
`
`
`
`
`
`
`
`
`
`
`
`
`Õ
`
`
`
`
`
`
`
`
`
`
`
`
`
`GOOG-1002
`
`
`
`l Application of Farber et a ,
`L"
`
`lo. 09/283,160
`
`n Q
`
`9. (Amended) A content delivery method, comprising:
`distributing a set of data files across a network of servers, at least some of the data
`files being cached versions of data files from another server, distinct from the network of
`servers;
`
`determining a data identifier for a particular data file, the data identifier determined
`using a given function of the data, wherein said data used by the given function comprises the
`
`contents of the particular data file; and
`in response to a request for the particular data file, the request including at least the
`data identifier of the particular data file, providing the particular data file from a given one of
`
`the servers of the network of servers.
`
`(Amended) Acontentdelivery method, comprising:
`
`‘,
`
`causing a set of data files to be distributed across a network of servers, at least some
`of the data files being cached versions of data files from another server distinct from the
`network of sewers;
`
`determining a data identifier for a particular data file, the data identifier determined
`using a given function of the data, wherein said data used by the given function comprises the
`
`contents of the particular data file; and
`
`in response to a request for the particular data file, the request including at least the
`data identifier of the particular data file, causing the particular data file to be provided from a
`
`given one of the servers of the network of servers.
`
`7,5
`}(. (Amended) A content delivery method, comprising:
`distributing a set of data files across a network of servers, the network of servers
`
`being organized into a set of regions;
`
`determining a data identifier for a particular data file, the data identifier determined
`
`using a given function of the data, wherein said data used by the given function comprises the
`contents of the data file;
`
`in response to a client request for the particular data file, the request including at least
`
`the data identifier of the particular data file, providing the client with the particular data file
`
`from a given one of the servers of the network of servers within the region.
`
`?
`1/
`%. (Amended) A method as in claim;4 wherein the given function is a message
`digest function or a hash function.
`
`GOOG-1002 ;;
`Page 192 of 351
`
`
`
`
`
`
`
`
`
`
`
`Ë
`
`
`
`
`
`
`
`
`
`
`
`
`
`GOOG-1002
`
`
`
`ljpplication of Farber et al, No. 09/283,160
`
`Z
`3
`73. (Amended) A method as in claim ]& wherein the given function is selected from
`the functions: MD4, MD5, and SHA.
`
`.
`.
`‘
`4
`%. (Amended) A method as in claim ;4 wherein the given function randomly
`distributes its outputs.
`
`6
`\
`yi. (Amended) A method as in claim §«4 wherein, for a particular data file, the given
`function produces a substantially unique value based on the data comprising the data file.
`
`(9
`1
`7/6. (Amended) A method as in claimyl wherein a data file may comprise a file, a
`portion of a file, a page in memory, a digital message, a digital image, a