`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark OHM:
`Address: COMMISSIONER FOR PATENI‘S
`PO. Box 1450
`Alumdn'l, Virginia 223l1—l450
`www.usplo.gm
`
`v
`
`09/753,245
`
`12/29/2000
`
`Sung-H0011 Back
`
`51876p219
`
`8804
`
`BLAKELY SOKOLOFF TAYLOR & ZAFMAN
`12400 WlLSHlRE BOULEVARD, SEVENTH FLOOR
`LOS ANGELES, CA 90025
`
`BRANCOLINI, JOHNR
`
`2153
`DATEMAILED: 0530/2004
`
`PAPER NUMBER
`
`3
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. 10/03)
`
`3c
`
`VMWARE-1002
`
`Page 1 of 58
`
`VMWARE-1002
`Page 1 of 58
`
`

`

`'
`
`Application No.
`
`09/753,245
`
`Applicant(s)
`
`BAEK ET AL.
`
`Office Action Summary
`
`Examine,
`John R Brancolini
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after Six (6) MONTHS from the mailing date at this communication.
`If the period for reply specified above is less than thirty (30) days. a reply within the statutory minimum of thirty (30) days will be considered timely.
`If NO period for reply is specified above. the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will. by statute. cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication. even if timely filed. may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event. however. may a reply be timelyIfiled
`
`Status
`
`1). Responsive to communication(s) filed on 29 December 2000.
`
`2b)IX| This action is non-final.
`23)I:] This action is FINAL.
`3)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 0.6. 213.
`
`Disposition of Claims
`
`MIX Claim(s) L8 is/are pending in the application.
`43) Of the above Claim(s) _ is/are withdrawn from consideration.
`
`5)I:l Claim(s) _ is/are allowed.
`
`6)I:I Claim(s)1l8 is/are rejected.
`"OE Claim(s) §.§ is/are objected to.
`
`8)I:| Claim(s) _ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)[] The specification is objected to by the Examiner.
`10m The drawing(s) filed on 29 December 2000 is/are: a)|:l accepted or WE objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`11)|:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12)I:I Acknowledgment is made of a claim forforeign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`b)I:I Some * 0):] None of:
`a)I:I All
`1:] Certified copies of the priority documents have been received.
`
`2D Certified copies of the priority documents have been received in Application No. _
`
`3:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 172(3)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`1) IX Notice of References Cited (PTO—892)
`2) El Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) E Information Disclosure Statement(s) (PTO-1449 or PTO/SB/OB)
`Paper No(s)/Mai| Date
`.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 1-04)
`
`4) D Interview Summary (PTO-413)
`Paper No(s)/Mai| Date. _
`5) I:I Notice of Informal Patent Application (PTO-152)
`6) C] Other:
`
`Office Action Summary
`
`Part of Paper No./Mail Date 5
`
`VMWARE-1002 I Page 2 of 58
`
`VMWARE-1002 / Page 2 of 58
`
`

`

`Application/Control Number: 09/753,245
`
`AH Unit: 2153
`
`'
`
`Page 2
`
`DETAILED ACTION
`
`Claims 1-8 are pending in the application.
`4
`
`Priority
`
`Priority has been claimed to Korean application number 2000-54807. The
`
`effective filing date of the application is September 19, 2000.
`
`Information Disclosure Statement
`
`The information disclosure statement (IDS) was submitted on December
`
`29, 2000. The submission is in compliance with the provisions of 37 CFR 1.97.
`
`Accordingly, the information disclosure statement is being considered by the
`
`examiner.
`
`Drawings
`
`Figures 1, 2 and 3 should be designated by a legend such as --Prior Art--
`
`because only that which is old is illustrated. See MPEP § 608.02(g). A proposed
`
`drawing correction or corrected drawings are required in reply to the Office action
`
`to avoid abandonment of the application. The objection to the drawings will not
`
`be held in abeyance.
`
`The drawings are objected to as falling to comply with 37 CFR 1.84(p)(5)
`
`because they do not include the following reference sign(s) mentioned in the
`
`description: 450, 490.
`
`VMWARE-1002 I Page 3 of 58
`
`VMWARE-1002 / Page 3 of 58
`
`

`

`Application/Control Number: 09/753,245
`
`Page 3
`
`Ah Unit: 2153
`
`A proposed drawing correction or corrected drawings are required in reply
`
`to the Office action to avoid abandonment of the application. The objection to the
`
`drawings will not be held in abeyance.
`
`The” drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
`
`because they include the following reference sign(s) not mentioned in the
`
`description:
`
`Fig 1, items 100, 101, 120, 121, 130, 150, 151.
`
`Fig 2, items 220, 223, 240.
`
`Fig 3, items 310, 311, 320, 321, 330, 331, 340.
`
`Fig 5, items 500, 501, 502, 503, 504, 505, 530.
`
`Fig 6, items 600, 601, 602, 603, 604, 605.
`
`A proposed drawing correction, corrected drawings, or amendment to the
`
`specification to add the reference sign(s) in the description, are required in reply
`
`to the Office action to avoid abandonment of the application. The objection to the
`
`drawings will not be held in abeyance.
`
`Claim Objections
`
`Claims 3 and 8 are objected to because of the following informalities: The
`
`phrasing “constructed by a pair”. The intended meaning of the phrase is
`
`uncertain to the examiner, and for reference purposes in the application of prior
`
`art, the examiner is interpreting the phrase to mean “constructed in pairs”.
`
`Appropriate correction is required.
`
`VMWARE-1002 I Page 4 of 58
`
`VMWARE-1002 / Page 4 of 58
`
`

`

`Application/Control Number: 09/753,245
`
`Page 4
`
`Art Unit: 2153
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35
`
`U.S.C. 102 that form the basis for the rejections under this section made in this
`
`Office action:
`
`A person shall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in
`the United States
`
`Claims 1-8 are rejected under 35 U.S.C. 102(b) as being anticipated by
`
`Lui et al. (US Patent 5812754), hereinafter referred to as Lui.
`
`In regards to claim 1, Lui discloses an apparatus for a redundant
`
`interconnection between multiple hosts and a RAID, comprising:
`
`. A plurality of RAID controlling units for processing a requirement of
`
`numerous host computers (Figure 3 shows items 302 A and B, separate
`
`RAID controllers).
`
`- A plurality of connecting units for connecting the plurality of RAID
`
`controlling units to the numerous host computers (In Figure 3, controller
`
`chassis 344 contains a plurality of connecting units, the connections
`
`between the local hosts and the host loops, see also col 5 lines 36-40).
`
`. A plural number of network interface controlling units respectively
`
`contained into the plurality of RAID controlling units, for exchanging
`
`information directly with the numerous host computers and an opposite
`
`network interface controlling unit provided within an opposite RAID
`
`VMWARE-1002 I Page 5 of 58
`
`VMWARE-1002 / Page 5 of 58
`
`

`

`Application/Control Number: 09/753,245
`Ah Unit: 2153
`
`Page 5
`
`controlling units, through the plurality of connecting units (each separate
`
`RAID unit interacts directly with a host loop, which in turn communicates
`
`directly through a port bypass circuit and a serializer/deserializer for
`
`communication with the local host, col 5 lines 24-40).
`
`In regards to claim 2, Lui discloses the respective RAID controlling units
`
`are connected to the plurality of individual connecting units (Figure 3 shows
`
`several individual connecting units connected to the RAID controlling units, see
`
`also col 5 lines 36-40).
`
`In regards to claim 3, Lui discloses each network interface controlling unit
`
`is constructed in a pair, namely two, and is contained into the plurality of RAID
`
`controlling units, a first network interface controlling unit of said network interface
`
`controlling unit being connected to the connecting unit of one side and a second
`
`network interface controlling unit thereof being connected to the connecting unit
`
`oftanother side (Figure 3 shows the two separate Raid controllers, each with a
`
`host loop which acts as a network interface controlling unit, as discussed in claim
`
`1).
`
`In regards to claim 4, Lui discloses each network interface controlling unit
`
`further comprises: the first network interface controlling unit for processing the
`
`requirement of the numerous host computers (the first host loop is provided for
`
`communication to a local host, col 5 lines 36-38); and the second network
`
`VMWARE-1002 I Page 6 of 58
`
`VMWARE-1002 / Page 6 of 58
`
`

`

`Application/Control Number: 09/753,245
`Art Unit: 2153
`
`Page 6
`
`interface controlling unit used for fault tolerance in a communication between the
`
`respective RAID controlling units when the respective RAID controlling units do
`
`not have the occurrence of the error, said second network interface controlling
`
`unit being for eXecuting a function of the first network interface controlling unit of
`
`the RAID controlling unit having the occurrence of the error in case that one
`
`given RAID controlling unit has the occurrence of the error (when an error is
`
`detected, the control of the network interface function can be switched from the
`
`.first to the second host loop, thereby insuring the fault tolerance is provided, col 6
`
`lines 11-32).
`
`In regards to claim 5, Lui discloses the plurality of connecting units have
`
`connection ports more than three, the two connection ports among them being
`
`connected to said network interface controlling unit and the rest connection ports
`
`thereof being provided as a hub equipment connected with the numerous host
`
`computers (in Figure 3, the connection chassis shows a plurality of connecting
`
`.units, two of the connection ports being used to connect to the host loops, and
`
`the rest used in a hub, or switching manner, for the various host computers).
`
`In regards to claim 6, Lui discloses the plurality of connecting units have
`
`the connection ports more than three, the two connection ports among them
`
`being connected to said network interface controlling unit and the rest connection
`
`ports thereof being provided as a network switch equipment connected with the
`
`numerous host computers (in Figure 3, the connection chassis shows a plurality
`
`VMWARE-1002 I Page 7 of 58
`
`VMWARE-1002 / Page 7 of 58
`
`

`

`Application/Control Number: 09/753,245
`
`Page 7
`
`Art Unit: 2153
`
`of connecting units, two of the connection ports being used to connect to the host
`
`loops, and the rest used in a hub, or switching manner, for the various host
`
`computers).
`
`In regards to claim 7, Lui discloses the plurality of connecting units have
`
`the connection ports more than five, the four connection ports among them being
`
`connected to said network interface controlling unit and the rest connection ports
`
`thereof being provided as a switch connected with the numerous host computers
`
`(in Figure 3, the connection chassis shows a plurality of connecting units, with at
`
`least 6 points of connection including the host loops, two of the connection ports
`
`being used to connect to the host loops, and the rest used in a hub, or switching
`
`manner, for the various host computers).
`
`In regards to claim 8, Lui discloses the RAID controlling unit, the network
`
`interface controlling unit and the connecting unit are respectively constructed in
`
`pairs, the first network interface controlling unit of a first RAID controlling unit
`
`being connected to a first connecting unit, the second network interface
`
`controlling unit of said first RAID controlling unit being connected to a second
`
`connecting unit, the first network interface controlling unit of a second RAID
`
`controlling unit being connected to the second connecting unit, and the second
`
`network interface controlling unit of the second RAID controlling unit being
`
`connected to the first connecting unit (in Figure 3, one can see that each of the
`
`RAID controlling unit, the network controlling unit [the host loop] and the
`
`VMWARE-1002 I Page 8 of 58
`
`VMWARE-1002 / Page 8 of 58
`
`

`

`Application/Control Number: 09/753,245
`
`Page 8
`
`Art Unit: 2153
`
`connecting unit [the chassis back plane individual connections] are in pairs, and
`
`the crossover of the fibre wiring allows for the first set of components to
`
`communicate with the second set, see also col 6 lines 11-32 for how the
`
`bypasses occur between the component sets in case of an error).
`
`Conclusion
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure:
`
`. Takita et al. (US Patent 6192485), a redundant apparatus for connection
`
`to a controller, the apparatus including an active unit and a stand-by unit
`
`for fault tolerance.
`
`o Nguyen et al. (US Patent 6609213), a method for connecting various
`
`computers to a hub which leads to a series of RAID drives, the system
`
`including a switching mechanism for fault tolerance.
`
`Any inquiry concerning this communication or earlier communications from
`
`the examiner should be directed to John R Brancolini whose telephone number is
`
`(703) 305-7107. The examiner can normally be reached on M-Th 7am-5:30pm.
`
`If attempts to reach the examiner by telephone are unsuccessful, the
`
`examiner’s supervisor, Glenton Burgess can be reached on (703) 305-4792. The
`
`fax phone number for the organization where this application or proceeding is
`
`assigned is 703-872-9306.
`
`VMWARE-1002 I Page 9 of 58
`
`VMWARE-1002 / Page 9 of 58
`
`

`

`Application/Control Number: 09/753,245
`
`Page 9
`
`Art Unit: 2153
`
`Information regarding the status of an application may be obtained from
`
`the Patent Application Information Retrieval (PAIR) system. Status information
`
`for published applications may be obtained from either Private PAIR or Public
`
`PAIR. Status information for unpublished applications is available through
`
`Private PAIR only. For more information about the PAIR system, see httpzllpair-
`
`direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-
`
`free).
`
`%
`J RB
`
`4%
`FHANTZ B. JEAN
`mom: ARV EXAMNER
`
`VMWARE-1002 I Page 10 of 58
`
`VMWARE-1002 / Page 10 of 58
`
`

`

`§
`Application/ControlQ
`Applicant(s)/Patent Under
`Reexamination
`
`09/753,245
`BAEK ET AL.
`
`
`
`Notice of References Cited
`
`
`
`’,
`
`Examiner
`
`Art Unit
`
`.
`U.S. PATENT DOCUMENTS
`
`Countr'izzztm‘mlzm:sm Miri‘sw“—
`
`
`
`
`
`
`
`
`
`
`
`CI
`
`C
`
`Document Number
`Country Code-Number-Kind Code
`
`
`
`Date
`MM-YYYY
`
`Country
`
`FOREIGN PATENT DOCUMENTS
`
`Classification
`
`NON-PATENT DOCUMENTS
`
`
`
`
`
`0
`
`
`
`III-IIIIIIIIIIElflllflfllflfllflll
`
`‘P‘P‘P‘P‘P‘P‘P‘PV’Q’
`CCCCCCCCCC
`
`
`
`
`
`
`I—
`
`
`
`i—
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`'A copy of this reference is nol being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
`US. Patent and Trademark Office
`PTO-892 (Rev. 01-2001)
`
`Notlce of References Cited
`
`Part of Paper No. 5
`
`VMWARE-1002 I Page 11 of 58
`
`VMWARE-1002 / Page 11 of 58
`
`

`

`Form PTO-1449 (Modified)
`
`List of Patents 8 Publications Statement
`
`51876p219
`
`
`
`Sun_—Hoon Baek, et a1.
`
`
`
`
` (Use several sheets if necessary)
`
`‘
`
`
`
`U.S. PATENT DOCUMENTS
`
`
`
`FOREIGN PATENT DOCUMENTS
`
`Document
`Number
`
`Date
`
`Country
`
`Class
`
`Sub-
`class
`
`TranslatiNon
`Yes
`
`
`
`
`5,251 ,062
`
`5,798,306
`
`4,652,536
`
`
`
`
`
`
`
`
`
`
`
`
`
`Tellurite glass: a new candidate for fiber devices by J.S Wang: Optical Materials 3((1994)
`
`187-203
`
`Structure and optical properties of rare earth doped zinc oxyhalide tellurite glasses by
`UL. Sidebottom: Journl of Non-Crystalline Solids 222 (1997), pages 282-289
`Raman spectra snd thermal analysis of a new lead-tellurium-germanate glass system by
`Z. Pan: Iournl of Non-Crystalline Solids 210 (1997), pages 130-135
`
`VMWARE-1002 I Page 12 of 58
`
`VMWARE-1002 / Page 12 of 58
`
`

`

`
`
`Attorney’s Docket No.: 051876P219
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application for:
`
`Examiner: John R. Brancolini
`
`Sung-Hoon Baek
`
`Art Group: 2153
`
`Serial No.: 09/753,245
`
`»
`
`Filed: December 29, 2000
`APPARATUS FOR REDUNDANT
`INTERCONNECTION BETWEEN
`MULTIPLE HOSTS AND RAID
`
`RECENED
`
`AUG ‘2 7 2004
`Technology. Center 2160
`
`AMENDMENT AND RESPONSE TO OFFICE ACTION
`
`Mail Stop Amendment
`Commissioner for Patents
`
`,
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`Sir:
`
`In connection with the Office Action mailed May 20, 2004, regarding the
`
`above—referenced application, Applicants respectfully request consideration of the
`
`following amendments and remarks below.
`
`VMWARE-1002 I Page 13 of 58
`
`VMWARE-1002 / Page 13 of 58
`
`

`

`Application No. 09/ 753,245
`Page 2
`
`IN THE SPECIFICATION
`
`Please amend the paragraph beginning on page 1, line 25 as follows:
`
`As shown in the drawing, seek—system—rnelependentl—y—uses—Hve—RAID
`
`
`
`eefitrellers—l-lgrl—l—l—ef—the—hest—eemputersthe RAID 130 includes two RAID
`
`controllers 140 141 and each of RAID controllers 140 141 includes network interface
`
`
`controllers 150 151. The network interface controllers 150 151 of the RAID
`
`controllers 140, 141 are independently connected to network interface controllers 110I
`
`111 of the host computers 100, 101 through communication links 120, 121 such as a
`
`copper line and an optical fiber. That is, such system has twice the bandwidth and
`
`twice the performance. However, there is such a problem that a loss of data occurs
`
`when one out of two RAID controllers 140, 141 has a trouble, in other words, this
`
`system does not become the fault tolerant system.
`
`Please amend the paragraph beginning on page 2, line 8 as follows:
`
`In order to provide fault tolerance not provided in Fig. 1, ave-RAID
`v,
`-
`
`
`
`-
`
`
`
`u
`
`threagh—a—hub—er—swrteh—ZLQmene—nemerkRAlD 240 includes two RAID controllers
`
`230, 231 and two RAID controllers 230, 231 and host computers 200, 201 are
`
`connected with each other through a hub or switch 210 in one network. The RAID
`
`controller 230 includes a pair of network interface controllers 220 and 221 and the
`
`RAID controller 231 includes a pair of network interface controllers 222 and 223.
`
`Thus, even though one RAID controller 230 or 231 has a trouble, all of the host
`
`computers 200, 201 are connected to a RAID controller that does not have a trouble.
`
`That is, this RAID controller not having the trouble serves as a role of the controller
`
`that has the trouble. Also, since the RAID controllers 230, 231 should exchange
`
`information with each other by preparing in advance against some trouble, the RAID
`
`controllers 230, 231 are connected with each other through communication
`
`controllers 221, 222. However, in this case only a half of performance for the
`
`bandwidth provided in Fig. 1 can be obtained.
`
`VMWARE-1002 I Page 14 of 58
`
`VMWARE-1002 / Page 14 of 58
`
`

`

`Application No. 09/753,245
`Page 3
`
`Please amend the paragraph beginning on page 2, line 26 as follows:
`
`The construction shown in the drawing partially represents a systematic
`
`connection between a RAID and host computers, which is extracted from contents
`
`disclosed in the U. 5. Patent No. 5,812,754. The RAID 340 includes two RAID
`
`controllers each of which has network interference controllers 330, 331 and four ports
`
`310 311 320 and 321. However, this construction has no any difference from that of
`
`Fig. 2, in the structure of a communication network, and in case that one out of two
`
`host computers 300, 301 has rather a trouble, there is caused a problem that a
`
`network is broken. Thus, this construction is inferior to the construction of Fig. 2.
`
`Please amend the paragraph beginning on page 8, line 14 as follows:
`
`As shown in Fig. 4, the present invention can be constructed by a method of
`
`internally installing the hubs 440, 441 in the RAID 490, and as shown in Fig. 5, it—ean
`
`.
`'
`'
`
`
`‘ = -the host
`
`computers 500, 501, 502, 503, 504 and 505 are connected to the RAID 530 by using
`
`external hubs 510 and 520.
`
`Please amend the paragraph beginning on page 8, line 19 as follows:
`
`As shown in the drawing, Figvé-ean—haye-a—funetieH—ef—Figréla plurality of host
`
`computers 600, 601, 602, 604 and 605 are connected to RAID through a network
`
`switch 610. In other words, information from a second network interface controller
`
`622 of a first RAID controller 620 is sent to a first network interface controller 632 of a
`
`second RAID controller 630, and information from a second network interface
`
`controller 632 of the second RAID controller 630 is transmitted to a first network
`
`interface controller 621 of the first RAID controller 620. Further, information from
`
`the first network interface controller 631 of the second RAID controller 630 is
`
`transmitted to the second network interface controller 622 of the first RAID
`
`controller 620. Also, information from the first network interface controller 621 of
`
`the first RAID controller 620 is sent to the second network interface controller 632 of
`
`the second RAID controller 630.
`
`VMWARE-1002 I Page 15 of 58
`
`VMWARE-1002 / Page 15 of 58
`
`

`

`Application No. 09/ 753,245
`Page 4
`
`W
`
`Please amend claims as follows:
`
`Claim 1 (Currently Amended): An apparatus for a redundant interconnection
`
`between multiple hosts and a RAID, comprising:
`
`a plurality of RAID controlling units for processing a requirement of
`
`numerous host computers;£151
`
`a plurality of connection units for connecting the plurality of RAID
`
`controlling units to the numerous host computerseand
`
`, wherein each of the plurality of RAID controlling units includessa plural
`
`number of network interface controlling units respeehvel—y—eentaa-ned—mte—the
`
`plurahtyLef—MI-D-eefitreH-mg—Imfis- for directly exchanging information direetl—y with
`
`the numerous host computers and sin-opposite a_ network interface controlling unit
`
`pmvided—witkdn—an—eppesi-te included in another RAID controlling units, through
`
`the plurality of connecting units.
`
`Claim 2 (Original):
`
`The apparatus as recited in claim 1, wherein said
`
`respective RAID controlling units are connected to the plurality of individual
`
`connecting units.
`
`Claim 3 (Currently Amended).
`
`The apparatus as recited in claim 2,
`
`
`
`number of the network interface controlling units are a first network interface
`
`controlling unit ef—smé—nehverlea-tesfaee—eentrol-hng—mt being connected to the
`
`connecting unit of one side and a second network interface controlling unit thereef
`
`being connected to the connecting unit of another side.
`
`Claim 4 (Currently Amended):
`
`The apparatus as recited in claim 3,
`
`wherein smd—eaeh—netweflemterfaeeeemellmgfinH—fusthepeempnses-
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`the first network interface controlling unit fer—preeessing processes the
`
`requirement of the numerous host computers; and
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`the second network interface controlling unit i_s used for f-aalt—teleranee—in—a
`
`communication between the respective RAID controlling units when the respective
`
`VMWARE-1002 I Page 16 of 58
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`VMWARE-1002 / Page 16 of 58
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`

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`Application No. 09/ 753,245
`Page 5
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`RAID controlling unitsWWW are not faulg and
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`said th_e second network interface controlling unit beingm for executing a
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`function of the first network interface controlling unit included in the respective
`
`RAID controlling units ef—the—RAHQ—eearrelling—urtib-havmg-rheeeeurreneeef—flae
`
`errer—in—ease—that when ene—gwen—KAIDeentrellmg—umt—hfle—eeeurreneeefrhe
`
`error the res ective RAID controllin unit is faul
`
`.
`
`Claim 5 (Original):
`
`The apparatus as recited in claim 1, wherein said
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`plurality of connecting units have connection ports more than three, the two
`
`connection ports among them being connected to said network interface controlling
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`unit and the rest connection ports thereof being provided as a hub equipment
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`connected with the numerous host computers.
`
`Claim 6 (Original):
`
`The apparatus as recited in claim 1, wherein said
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`plurality of connecting units have the connection ports more than three, the two
`
`connection ports among them being connected to said network interface controlling
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`unit and the rest connection ports thereof being provided as a network switch
`
`equipment connected with the numerous host computers.
`
`Claim 7 (Original):
`
`The apparatus as recited in claim 1, wherein said
`
`plurality of connecting units have the connection ports more than five, the four
`
`connection ports among them being connected to said network interface controlling
`
`unit and the rest connection ports thereof being provided as a switch connected with
`
`the numerous host computers.
`
`Claim 8 (Currently Amended):
`
`The apparatus as recited in claim 1,
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`wherein said RAID controlling unit, said network interface controlling unit and said
`
`connecting unit are respectively constructed by in a pair, the first network interface
`
`controlling unit of a first RAID controlling unit being connected to a first connecting
`
`unit, the second network interface controlling unit of said first RAID controlling unit
`
`being connected to a second connecting unit, the first network interface controlling
`
`unit of a second RAID controlling unit being connected to the second connecting
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`unit, and the second network interface controlling unit of the second RAID
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`controlling unit being connected to the first connecting unit.
`
`VMWARE-1002 I Page 17 of 58
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`VMWARE-1002 / Page 17 of 58
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`Application No. 09/753,245
`Page 6
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`Claim 9 (New):
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`An apparatus for a redundant interconnection
`
`between multiple host computers and a RAID, the apparatus comprising:
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`a plurality of connection units for connecting the host computers and the
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`RAID;
`
`a first and a second RAID controllers, included in the RAID, each of which
`
`having a first network interface controller and a second network interface controller
`
`for processing requests from the plurality of the host computers connected through
`
`the plurality of the connection units,
`
`wherein the first network interface controller in the first RAID controller
`
`supplies data to the host computers connected through the plurality of connection
`
`units and processes information transmitted from the second network interface
`
`controller in the second RAID controller,
`
`wherein the first network interface controller in the second RAID controller
`
`supplies data to the host computers connected through the plurality of connection
`
`units and processes information transmitted from the second network interface
`
`controller in the first RAID controller,
`
`wherein the second network interface controller in the first RAID controller is
`
`used for fault tolerance by performing functions of the first network interface
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`controller in the second RAID controller when the second RAID controller is faulty,
`
`and
`
`I
`
`wherein the second network interface controller in the second RAID
`
`controller is used for fault tolerance by performing functions of the first network
`
`interface controller in the first RAID controller when the first RAID controller is
`
`faulty.
`
`VMWARE-1002 I Page 18 of 58
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`VMWARE-1002 / Page 18 of 58
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`Application No. 09/ 753,245
`Page 7
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`REMARKS
`
`Claims 1-8 were examined and reported in the Office Action. Claims 1-8 are
`
`rejected. Claims 1, 3, 4, and 8 are amended. New claim 9 is added. New Claim 9 is
`
`based on the original specification, page 7 line 8 to page 8 line 8, page 9 lines 5 to 14,
`
`Fig. 4 and Fig. 5. Therefore, no new matter is added. Claims 1-9 remain.
`
`Applicants request reconsideration of the application in View of the
`
`following remarks.
`
`I.
`
`In the Drawings
`
`Figures 1, 2 and 3 are objected to because only that which is old is illustrated.
`
`The Figures are also objected to for not including reference numerals 450 and 490.
`
`Additionally, the Figures are objected to for including reference numerals not
`
`mentioned in the specification. Applicant has amended Figures 1-3 with the
`
`addition of the legend --Prior Art—-. Applicant has added reference numerals 450 and
`
`490 to Figure 4. Applicant has amended the specification to include the reference
`
`numerals previously not mentioned in the specification. Approval is respectfully
`
`requested.
`
`II.
`
`35 U.S.C. §102(b)
`
`It is asserted in the Office Action that claims 1-8 are rejected under 35 U.S.C.
`
`§102(b) as being anticipated by US. Patent No. 5,812,754 issued to Liu et a1. (”Liu”).
`
`Applicant respectfully traverses the aforementioned rejection for the following
`reasons.
`
`According to MPEP §2131, ”’[a] claim is anticipated only if each and every
`
`element as set forth in the claim is found, either expressly or inherently described, in
`
`a single prior art reference.’ (Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d
`
`628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987)).
`
`’The identical invention must be
`
`shown in as complete detail as is contained in the
`
`Motor Co. 868 F.2d 1226, 1236, 9 USPQ2d 1913, 1920 (Fed. Cir. 1989)). The elements
`
`(Richardson V. Suzuki
`
`claim.’
`
`must be arranged as required by the claim, but this is not an ipsissimis verbis test,
`
`VMWARE-1002 I Page 19 of 58
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`VMWARE-1002 / Page 19 of 58
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`Application No. 09/753,245
`Page 8
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`i.e., identity of terminology is not required.
`
`(In re Bond, 910 F.2d 831, 15 USPQ2d
`
`1566 (Fed. Cir. 1990)).”
`
`Applicant’s amended claim 1 contains the limitations of ”[a]n apparatus for a
`
`redundant interconnection between multiple hosts and a RAID, comprising: a
`
`plurality of RAID controlling units for processing a requirement of numerous host
`
`computers; and a plurality of connection units for connecting the plurality of RAID
`
`controlling units to the numerous host computers, wherein each of the plurality of
`
`RAID controlling units includes a plural number of network interface controlling
`
`units for directly exchanging information with the numerous host computers and a
`
`network interface controlling unit included in another RAID controlling units,
`
`through the plurality of connecting units.”
`
`In other words, Applicant’s claimed invention includes two network
`
`interface controlling units, such as the first network interface controlling unit and the
`
`second network interface controlling unit, in one RAID controller for fault tolerance.
`
`The first network interface controlling unit of one RAID controller is connected to a
`
`second network controlling unit of the other RAID controller through a connecting
`
`unit. The second network interface controlling unit of the one RAID controller is
`
`connected to a first network interface controlling unit of the other RAID controller
`
`through the connecting unit. The second network interface controlling unit of one
`
`RAID controller receives information from the first network interface controlling
`
`unit of the other RAID controller through a connecting unit, such as a switch and a
`
`hub in normal state. Furthermore, the second network interface controlling unit of
`
`one RAID controller performs the role of the first network interface controlling unit
`
`of the other RAID controller when the first network interface controlling unit of the
`
`other RAID controller is faulty.
`
`Lui discloses a RAID system having a fiber channel arbitrated loop. Lui,
`
`however, does not teach, disclose or suggest two network interface controlling units
`
`included in one RAID controller. That is, in Fig. 3 of Lui, there only one controller
`
`SERDES 336 is shown (where controller SERDES 336 is similar to the RAID controller
`
`network interface controller of Applicant’s claimed invention). Further, Lui discloses
`
`a RAID including only one RAID controlling unit having only one serializer/de-
`
`VMWARE-1002 I Page 20 of 58
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`VMWARE-1002 / Page 20 of 58
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`Application No. 09/ 753,245
`Page 9
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`serializer module, which is similar to the RAID controller network interface
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`controller of Applicant’s claimed invention. Distin