`
`SEARCH NOTES. -
`(INCLUDING SEARCH STRATEGY)
`
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`Realtime 2023
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`DBS
`Default
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`Operator
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`USPAT
`
`2006/02/06 12:02
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`(pre$1|oad$3 cach$3) near3 boot
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`US-PGPUB
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`IBM_TDB
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`2006/02/06 12:04
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`2006/02/06 12:04
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`2006/02/06 12:15
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`2006/02/06 12:27
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`2006/02/06 12:27
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`2006/02/06 12:31
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`2006/02/06 12:33
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`2006/02/06 13:10
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`2006/02/06 14:18
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`2/6/06 4:35:07 PM Page 1
`Search HistOry
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`Search History
`C:\Documents and Settings\ssuryawanshi\My Documents\EA$T\workspaces\09776267AcceIeratedLoadRqufififglg‘lQGQ3
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`
`pplicants: Fallon et a1.
`
`erialNo.: 09/776,267 '
`
`iled: February 2, 2001
`
`‘
`
`Examiner: Suryawanshi, Suresh
`
`I
`
`I
`
`V
`
`Group Art Unit: 2115
`
`Docket: 8011-15
`
`or:
`
`SYSTEMS AND METHODS FOR ACCELERATED LOADING OF
`OPERATING SYSTEMS AND APPLICATION PROGRAMS
`
`ommissioner for Patents
`
`1.0. Box 1450
`lexandria, VA 22313-1450
`
`AMENDMENT
`
`This is a response to the Office Action mailed on June 6, 2005. Please amend the
`
`laims as follows:
`
`CERTl'FlCATE OF MAILlNG 37 C.F.R. §l.8§a[
`
`I hereby certin that this correspondence is being deposited with the United States Postal Service as
`first class mail, postpaid in an envelope, addressed. to the Commissioner for Patents, PO. Box 1450,
`Alexandria, VA 223134450, on the date indicated below.
`
`Date:
`
`j,
`
`Frank V. DeRosa
`
`‘Realtime 2023
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`Page 550 of 964
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`g7 - E
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`Attorney Docket No.: 011-15
`
`I THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICANT(S):
`
`Fallon et al.
`
`'
`
`Examiner: s. Suryawanshi
`
`SERIAL NO.:
`FILED:
`i
`
`09/776,267
`February 2, 2001
`
`Group Art Unit: 2115
`Dated: December 6, 2005
`
`FOR:
`
`SYSTEMS AND METHODS FOR ACCELERATED LOADING OF
`OPERATING SYSTEMS AND APPLICATION PROGRAMS.
`
`Mail Stop Amendment
`Commissioner for Patents
`
`PO. Box 1450
`Alexandria, VA 22313—1450
`
`Sir:
`
`AMENDMENT TRANSMI‘I'I'AL FORM
`
`Transmitted herewith is an amendment in the above-identified application.
`
`[] Small entity status of this application under 37 C.F.R. §§1.9 and 1.27 has been
`established by a verified statement previously submitted.
`
`[] A verified statement to establish small entity under 37 C.F.R. §§1.9 and 1.27 is
`enclosed.
`
`[X] No additional fee is required.
`
`Claims Remaining
`After Amendment
`
`Highest No.
`Previously
`Paid For
`
`Rate
`(Small
`Enti
`
`
`
`TOTAL CLAIMS
`
`INDEPENDENT
`CLAIMS
`
`
`
`Presentation of
`Multiple Dep.
`Claim
`
`
`is less than entry in Col. 2, write “0“ in Col. 3.
`" If the entry in Col. 1
`** If the "Highest No. Previously Paid for" IN THIS SPACE is leSS than 20, enter “20".
`**' If the "Highest No. Previously Paid For" IN THIS SPACE is less than 3, enter "3".
`The Highest No. Previously Paid For" (Total or indep.) is the highest number found in the
`appropriate box in Col. 1 of a 'prior amendment or the number of claims originally filed.
`
`CERTIFICATE OF MAILING UNDER 37 C.F.R. §1’.8(a)
`
`I hereby certify that this correspondence is being deposited with theSUnited States Postal Service as first class mail.
`postpaid in an envelope, addressed to the: Commissionerfor Patents. PO. Box 1450. Alexandria. VA 22313-1450 on December 6
`
`2005.
`i
`‘
`T NW.
`
`1 Frank V.‘DeR_osa
`
`'
`
`..
`
`~. ~' Realtithe 2023;
`Page 551 of 964
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`[] Please charge Deposit Account No. 50—0679 in the amount of $__. Two (2) copies
`of this sheet are enclosed.
`
`[] The amount of §
`PTO-2038 is enclosed.
`
`is authorized to be charged to a Credit Card. Form
`.
`
`[X] Please‘charge any deficiency as well as any other fee(s) which may become due
`under 37 C.F.R. §§1.16 and/or 1.17 at any time during the pendency of this
`application, or credit any overpayment of such fee(s) to Deposit Account No. 539;
`
`0679. Also, in the event any extensions of time for responding are required for the
`pending application(s), please treat this paper as a petition to extend the time as
`required and charge Deposit Account No. 50-0679 therefor. TWO (2) COPIES OF
`THIS SHEET ARE ENCLOSED.
`
`F. CHAU & ASSOCIATES, LLC
`
`130 Woodbury Road
`Woodbury, NY 11797
`(516) 692—8888
`
`‘
`
`Respectfully submitted,
`
`Z
`Frank V. DeRosa
`Reg No. 43,584
`Attorney for Applicant(s)
`
`_
`
`“T's-r
`
`
`
`'~ Realtime 202-3 '
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`.
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`1. (Previously Presented) A method for providing accelerated loading of an
`
`perating system, comprising the steps of:
`
`maintaining a list of boot data used for booting a computer system;
`
`initializing a central processing unit of the computer system;
`
`preloading the boot data into a cache memory prior to completion of initialization
`
`f the central processing unit of the computer system, wherein preloading the boot data
`
`2. (Original) The method of claim 1, wherein the boot data comprises program
`
`code associated with one of an operating system of the computer system, an application
`
`program, and a combination thereof.
`
`3. (Canceled)
`
`4. (Previously Presented) The method of claim 1, wherein the method steps are
`
`performed by a data storage controller connected to the boot device.
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`5. (Original) The method of claim I, further comprising the step of updating the
`
`st of boot data during the boot process.
`
`6. (original) The method of claim 5, wherein the step of updating comprises
`
`dding to the list any boot data requested by the computer system not previously stored in
`
`he list.
`
`7. (Original) The method of claim 5, wherein the step of updating comprises
`
`emoving from the list any boot data previously stored in the list and not requested by the
`
`omputer system.
`
`8. (Canceled)
`
`9. (Original) The method of claim 1, wherein the method steps are program.
`
`instructions that are tangibly embodied on a program storage device and readable by a
`
`machine to execute the method steps.
`
`10. (Canceled)
`
`11. (Canceled)
`
`12. (Canceled)
`
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`13. (Previously Presented) A boot device controller for providing accelerated
`
`oading of an operating system of a host system, the boot device controller comprising:
`
`a digital signalprocessor (DSP) or' controller comprising a data compression
`
`‘ ngine (DCE) for compressing boot data stored to a boot device and for decompressing
`
`ompressed boot data retrieved from the boot device;
`
`a programmable volatile logic device, wherein the programmable volatile logic
`
`evice is programmed by the DSP or controller prior to completion of initialization of a
`
`entral processing unit of the host system, to (i) instantiate a first interface for operatively
`
`'nterfacing the boot device controller to the boot device and to (ii) instantiate a second
`
`interface for operatively interfacing the boot device controller to the host system;
`
`a cache memory device; and
`
`a non—volatile memory device, for storing logic code associated with the DSP or
`
`controller, the first interface and the second interface, wherein the logic code comprises
`
`instructions executable by the DSP or controller for maintaining a list of boot data used
`
`for booting the host system, for preloading the compressed boot data into the cache
`
`memory device upon prior to completion .of initialization of the central processing unit of
`
`the host system, and for decompressing the preloaded compressed boot data to service
`
`requests for boot data from the host system after completion of initialization of the central
`
`processing unit of the host system.
`
`14. (Canceled)
`
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`15. (Previously Presented) The boot device controller of claim 13, wherein the
`
`ogic code in the non-volatile memory device further comprises program instructions
`
`xecutable by the DSP or controller for maintaining a list of application data associated
`
`ith an application program; preloading the application data upon launching the
`
`pplication program, and servicing requests for the application data from the host system
`
`sing the preloaded application data.
`
`16. (Canceled)
`
`17. (Previously Presented) The method of claim 1, further comprising:
`
`maintaining a list of application data associated with an. application program;
`
`preloading the application data into the cache memory prior to completion of
`
`initialization of the central processing unit of the computer system, wherein preloading
`
`the application data comprises accessing compressed application data from a boot device;
`
`and
`
`servicing requests for application data from‘the computer system using the
`
`preloaded application data after completion of initialization of the central processing unit
`
`of the computer system, wherein servicing requests comprises accessing compressed
`
`application data from the cache and decompressing the compressed application data.
`
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`REMARKS
`
`I Claims 1, 2, 4-7, 9, 10, 12, 13, 15 and 17 are pending and stand rejected. By the
`
`bove amendment, claims 10 and 12 have been canceled without prejudice.
`
`econsideration of the claim rejections is requested based on the following remarks.
`Claims 1, 2, 4-7, 9, 10, 12, 13, 15 and 17 stand rejected as being unpatentable
`
`ver US. Patent No. 6,073,232 to Eigefir in view of US. Patent No. 6,434,695 to
`
`3
`sfahani et al. The rejection ofclaims 10 and 12 is rendered moot by cancellation of
`
`
`
`
`
`
`
`uch claims.
`
`At the very least, it is respectfully submitted that claims 1 and 13 are patentable '
`
`d non-obvious over the combination of Kroeker and Esfahani. For instance, with
`
`
`
`espect to claim 1, the combination of Kroeker and Esfahani does n_ot disclose or suggest
`
`reloading the boot data into a cache memory prior to completion of initialization ofg
`
`central processing unit of the computer system, wherein preloading the boot data
`
`comprises accessing compressed boot datafi’om a boot device, as essentially recited in
`
`claim 1.
`
`From the Response to Arguments (page 1 1) section of the Office Action, it
`
`appears that Examiner agrees with Applicants previous arguments that Esfahani does not
`disclose preloading the boot data into a cache memory prior to completion of
`
`initialization of central processing unit 01 the computer system. However, the
`
`Examiner contends (p. 11, 11 16) that Kroeker “clearly discloses preloading the boot data
`into a cache memory prior to completion of initialization of a central process unit ...”
`
`Applicants respectfully disagree with Examiner’s characterization of Kroeker in this
`
`6
`
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`egard.
`
`Although Kroeker generallydiscloses that the disk drive completes its booting
`
`mrocess before the host computer system is ready.for program transfer, “ this does not
`
`pecifically teach or suggest preloading boot data into a cache memory prior to
`
`'omletion o initialization 0 ‘a central )rocessin unito the com uter system. Indeed,
`
`xaminer should be aware that CPU initialization is one aspect of host computer
`
`nitialization. Clearly, the Examiner has not specifically explained or demonstrated that
`
`rocker. discloses preloading boot data before initialization of the host system CPU and,
`
`onsequently, the rejections are seemingly based on. surmise and conjecture. For at least
`
`V
`
`his reason, the Office Action fails to present a primafacie case of obviousness against
`
`‘laim 1.
`
`Moreover, with respect to claim 13, the combination of Kroeker and Esfahani
`
`does not teach or suggest, e.g., a programmable volatile logic device, wherein the
`
`rogrammable volatile logic device is programmed by the DSP or controller prior to
`
`com letion o initialization 0 a central
`
`
`rocessin unit 0 the hosts stem, much less the
`
`DSP or controller preloading the'compressed boot data into the cache memory device
`
`prior to completion of initialization ofthe central Q.rocessing unit ot'the host system, and
`
`decompressing the preloaded compressed boot data to service requestsfor boot data
`
`
`from the host system a ter com
`
`
`letion 0 initialization o the central .7rocessirt
`
`
`
`unit 0 the
`
`
`host system, as essentially recited in claim 13.
`
`At the very least, the same arguments as set foith above for claim 1 apply to claim
`
`1 in that the Examiner has not shown with legal sufficiency to establish a primafacie case
`
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`
`
`f obviousness that the cited combination of references discloses preloading the
`
`mpressed boot data into a cache memory device prior to completion of initialization of
`
`ocessin unit of the hosts stem, as recited in claim 13.
`
`Therefore, claims 1 and 13 are patentable and non-obvious over. the combination
`
`f Kroeker and Esfahani. Moreover, the remaining dependent claims are patentable over
`
`he cited combination at least by virtue of their dependence from respective base claims 1
`
`r 13.
`
`Early and ~favorable consideration by the Examiner is respectfully urged. Should
`he Examiner belieVe that a telephone or personal, interview'may facilitate resolution of
`
`any remaining matters, it is requested that the Examiner contact Applicants’ undersigned
`
`attorney.
`
`F. Chau & Associates, LLC
`
`130 Woodbury Road
`Woodbury, New York 11797
`- TEL: (516) 692-8888
`FAX: (516) 692—8889
`
`Respectfully sub]
`' ted,
`; ,
`,5, ,1:
`
`
`Frank V. DeRosa
`
`Reg. No. 43,584
`Attorney for Applicant(s)
`
`Realtime'2‘023'
`Page 559 of 964
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`
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`
`
`PTO/SB/22 (12-04)
`Approved for use through 07/31/2006. OMB 0651-0031
`U.S. Patent and Trademark Office: U.S. DEPARMENT OF COMMERCE
`' ork Reduction Act of 1995. no persons are required to respond to a collection of information unless it displays a valid OMB‘ control number.
`. -.
`Under
`PETITN/FOR EXTENSION OF TIME UNDER 37 CFR 1.136(a)
`0005“?! Number (Optionaii
`801 l -15
`FY 2005
`4
`Fees pursuant to the Consolidated Appro - riations Act, 2005 HR. 4818 .
`
`Filed February 2,} 2001
`Application Number 09/776,267
`I
`i For Systems and Methods for Accelerated Loading of Operating Systems...
`mm_ Examiner
`JameleaH-on .
`
`This is a request under the provisions of 37 CFR 1.136(a) to extend the period for filing a reply in the above identified
`application,
`
`
`‘ The requested extension and fee are as follows (check time period desired and enter the appropriate fee below):
`5%
`Small Entity Fee
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`
`$60
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`3;
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`$120
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`One month (37 CFR 1.17(a)(1))
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`
`$225
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`Two months (37 CFR 1.17(a)(2))
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`$510
`$1020
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`D Four months (37 CFR 1.17(a)(4)) $ $1590 $795
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`
`$1080
`$2160
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` Five months (37 CFR 1.17(a)(5))
`Applicant claims small entity status. See 37 CFR 1.27.
`
`
`
`
`
`
`’DDEDH
`
`The Director has already been authorized to charge fees in this application to a Deposit Account.
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`attorney or agent of record. Registration Number 43584
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`[:l attorney or agent under 37 CFR 1.34.
`Registration number if acting under 37 CFR 1.34
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`
`
`
`
`m
`
`1
`December 6 2005
`Signature
`M
`Date
`
`Frank V. DeRosa
`
`516—692-8888
`Telephone Number
`Typed or printed name
`
` NOTE: Signatures of all the inventors or assignees of record of the entire interest or their representative(s) are required, Submit multiple forms if more than one
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`12(08/2005 svunnirt 'ooooooss 09775257
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`.'
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`= --
`0mm MRemnbnMdISSS.m
`PATENT APPLICATlON FEE DETERMINATION RECORD
`Suhsfime for Fen-n PTO-875
`
`’
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`usmumemUSJEPARTMENTOFm
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`
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`
`
`
`OTHER THAN
`CLAIMS AS FILED - PARTI
`
`SMALL WHY
`OR
`(Wm 1)
`(Comm 2)
`nwe FEE
`
`(37 cm new)
`vorucuus
`
`mom mam)
`/ mlms an =
`WENDENI cums
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`(:7 cm mean
`MW DEPENDENT CLAIM PRESENT
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` CLAIMS AS AMENDED — PART N
`OR
`OTHER THAN
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`
`r
`
`(Couran 3)
`PRESENT
`EXTRA
`
`
`
`
`
`I
`
`
`
`
`
`2 <
`
`(Com 2)
`HIGHEST
`
`
`
`
`NUMBER
`<
`PREWOUSLY
`'-
`pm FOR
`E
`Total
`E
`’
`OR
`0 at cm mam
`-W-73- @-
`2 “W”
`OR
`Lu
`(:7 W mom)
`FIRST PR SENTATION OF MULYIKE DEPEWENT MM (37 CPR ‘IJGwn
`0R
`/vat,0
`OR
`
`
`
`
`
`
`
`TOTAL
`ADD'l FEE
`
`RAYE
`
`ADDI-
`TIONAL
`
`n |
`
`.4
`.1
`FRI1‘mm
`go
`
`2
`
`82
`
`O2)
`
`RAVE
`
`ADDI-
`TIONA
`FEE
`0R Q-
`pa-
`OR
`
`0R
`OR
`
`0 TAL
`AOD‘L FEE
`
`
`
`
`
`
`AMENDMENT8C\
`
`
`(Column 3)
`PRESEN‘K
`
`(Cum 2)
`
`
`HIGHEST
`
`NUMBER
`EXTRA
`PREVIOUSLY
`B
`PAID FOR
`’
`07 cm I. new)
`“WWII”
`I
`
`m» mam
`fml' PRESENTATION Of MULTIPLE DEPENDENT CLAIM (31 CFR 1.16“);
`
`msr masemmonOF mums 0599mm cum m cm um»
`
`
`
`
`
`0
`l-Z-
`g
`0
`5
`
`2 <
`
`' n m ontry in comm ‘ is less than the entry in column 2, write '0' in autumn 3.
`" N the ‘Hiohes! Number Pleviousiy Paid Fov' IN THIS SPACE is less than 20. only '20‘.
`
`u the ’Higses! Number Pfeviously Paid For‘ IN THIS S’ACE is less Ihan 3. ante! '3'.
`The" ‘hesl Number Provious Paid For Toialal lndcpendenl
`is Ihe nines! number found in the an o 'e box in column L
`This calleclion o! Normalion is remix by 37 CFR 1.16. Tho informau'on is required Io oblain 01 main a bonefil by the public Mid: Es to Me (and by Ina
`USPTO lo was) an appucmion. Confidentiafily is governed by 35 U.$.C. 122 and 37 CFR 1.1a. Tris couection is estimated lo take 12 minutos ‘o mplete.
`incmding gathering. wepadng. and mung [he completed application town lo the USPTO. Tuna will vary depending upon the mdividua! mse. Any comments
`on Ibo amount chime you reunite Io complete lhls [arm and/o: suggestions 10: veducing IN: bmden. Should be sent to lho Chin! Intonation Oflicol. U.S. Palm!
`and baseman Office. US. Denaflmonl 01 Comm. 9.0. Box 1450. Nexandxia. VA 2231}N$0. DO NOT SEND FEES OR COMPLETED FORMS TO ‘l’HlS
`ADDRESS. SEND TO: Commissioner lav PaleMs, P.O. So: 1450. Alexandria, VA 22313-1641.
`
`llyou need asslsianco in completing ma Ion". call 1-800~PTO-9199 and salsa oolion Z
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`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450 ‘
`_
`Alexandria, Virginia 22313-1450
`ww.uspw.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`09/776,267
`
`02/02/2001
`
`James .1. Fallon
`
`8011-15
`
`9730
`
`F. CHAU & ASSOCIATES, LLC
`130 WOODBURY ROAD
`WOODBURY, NY 11797
`
`'
`
`SURYAWANSH1,SURESH
`
`2115.
`
`DATE MAILED: 05/06/2005
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO—90C (Rev. 10/03)
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`

`‘I
`
`'
`
`Application No.
`
`Applicant(s)
`
`09/776,267
`
`-
`
`FALLON ET AL.
`
`Office Action Summary
`
`Examine,
`
`Suresh K. Suryawanshi
`
`Art Unit
`
`2115 -
`
`-- The MAILING DA TE 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 Q 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 of this communication.
`It 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 Ofi‘ice later than three months alter 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 timely filed
`
`Status
`
`HE Responsive to communication(s) filed on 02 May 2005.
`
`23):] This action is FINAL.
`
`2b)IZ This action is non-final.
`
`3)Ei 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 O.G. 213.
`
`. U
`
`Disposition of Claims '
`
`4)IZ Claim(s) 1 2 4-7 9 10 12 13 15 and 17 is/are pending in the application.
`
`4a) Of the above Claim(s) _ is/are withdrawn from consideration.
`
`5)|:| Claim(s) _ is/are allowed.
`
`6)E Claim(s) 1 2 4-79 10 12- 13 15 and 17 is/are rejected.
`
`7)|j Claim(s)
`
`is/are objected to.
`
`8)|:] Claim(s)
`
`are subject to restriction and/or election requirement.
`
`Application Papers ,
`
`9)D The specification is objected to by the Examiner.
`
`10)IZ| The drawing(s) filed on 02 February 2001 is/are: a)E] accepted or b)|Z| objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR1.85(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:l 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)|:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)i:l All
`b)i:I Some * c)[:] None of:
`
`1.i:| Certified copies of the priority documents have been received.
`
`2.l:l Certified copies of the priority documents have been received in Application No. _
`3E] Copies of the certified copies of the priority doCuments have been received in this National Stage
`application from the international Bureau (PCT Rule 17.2(a)).
`
`* 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 Draflsperson's Patent Drawing Review (PTO-948)
`3) El Information Disclosure Statement(s) (PTO-1449 or PTO/SB/08)
`Paper No(s)/Mail Date
`.
`S. Patent and Trademark Office
`
`4) [3 Interview Summary (PTO-413)
`Paper N°(S)/Ma" Date- _-
`5) [I Notice of |nf°rma| Patent Application (PTO-152)
`6) I] Other:
`
`-
`
`PTOL-326 (Rev. 1-04)
`
`Office Action Summary
`
`Pfieofaiéomgate 3 M
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`Application/Control Number: 09/776,267
`Art Unit: 21 15
`
`~
`
`2
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`Claims 1-2, 4-7, 9-10, 12-13, 15 and 17 are presented for examination.
`
`Drawings
`
`2.-
`
`This application, filed under former 37 CFR 1.60, lacks formal drawings. The informal
`
`drawings filed in this application are acceptable for examination purposes. When the application
`
`is allowed, applicant will be required to submit new formal drawings. In unusual circumstances,
`
`the formal drawings from the abandoned parent application may be transferred by the grant of a
`
`petition under 37 CFR 1.182. ’
`
`Claim Rejections - 35 USC § 103
`
`1.
`
`The following is a quotation of 35 USC. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the 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.
`
`2.
`
`Claims 1—2, 4—7, 9—10, 12—13, 15 and 17 are rejected under 35 USC. 103(a) as being
`
`unpatentable over Kroeker et al (US Patent no 6,073,2321) in View of Esfahani et a] (US Patent
`
`no 6,434,695 B1‘).
`
`1 Prior art cited by the examiner in the prior office action.
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`Application/Control Number: 09/776,267
`
`Page 3
`
`Art Unit: 2115
`
`3.
`
`As per claim 1, Kroeker et a1 teach
`
`maintaining a list of boot data used for booting a computer system [col. 2, lines 30-47;
`
`col. 5, lines 1-7; a prefetch table containing a listing of the disk locations and length of data
`
`records that were requested by the host computer in the immediately previous power-on/reset];
`
`I
`
`initializing a central processing unit of the computer system [col 2, lines 30-35; inherent
`
`to the system during power-up process];
`
`preloading the boot data into a cache memory prior to completion of initialization of the
`
`central processing unit of the computer system [col. 1, lines 58—64; col. 2, lines 36-41; col. 3,
`
`lines 30-39; col. 5, lines 17-21; data is preloaded into the RAM cache according to the prefetch
`
`table prior'to completion of initialization of the central processor unit as shown in Fig. 3 that the
`
`method enters an idle state to await a command from the host computer since the CPU of the"
`
`host computer is not ready]; and
`
`servicing requests for boot data from the computer system using the preloaded boot data
`
`after completion of initialization of the central processing unit of the computer system [col. 2,
`
`lines 41-47; col. 3, lines 30-39; data is communicated from the cache to the host computer as
`
`soon as the host computer requests the data upon completion of initialization of the CPU].
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`Application/Control Number: 09/776,267
`
`Art Unit: 21 15
`
`Page 4
`
`Kroeker et a1 do not disclose about accessing compressed boot data and decompressing
`
`the compressed boot data. However, Esfahani et a1 clearly disclose about loading a compressed
`
`boot data into a RAM cache and then the boot data is decompressed and executed[col. 2, lines 5-
`
`13, 63, 67; col. 10, line 65 — col. 11, line 4]. Therefore, it would have been obvious to one of
`
`ordinary skill in the art at the time the invention was made to combine the cited references as
`
`both are directed to minimize a computer’s initial program load time or shortening the load time
`
`of the computer programs from a hard disk drive to a host computer. Moreover, the shortening
`
`load time method of Kroeker et a1 by loading the program codes into the RAM cache according
`
`to the prefetch table will definitely be benefited with the method of reading compressed data into
`
`the RAM cache and then decompressing and executing as needed. This way, one may not only
`
`have needed data into a fast access memory but also a large amount of data to avoid fiequent
`
`accessing the storage device(s).
`
`4.
`
`As per claim 2, Kroeker et a1 teach that the boot data comprises program code associated
`
`. with one of an operating system of the computer system, an application program, and a
`
`combination thereof [col. 5, lines 41-51; requesting data records are part of a computer program
`
`such as DOS or Windows].
`
`5.
`
`As per claim 4, Kroeker et a1 teach that the method steps are performed by a data storage
`
`controller connected to the boot device [fig 1; controller].
`
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`ApplicatiOn/Control Number: 09/776,267
`
`Art Unit: 21 15
`
`Page 5
`
`6.
`
`As per claim 5, Kroeker et a1 teach the step of updating the list of boot data during the
`
`boot process [col 8, lines 63-65; the prefetch table is updated].
`
`7.
`
`As per claim 6, Kroeker et a1 teach the step of updating comprises adding to the list any
`
`boot data requested by the computer system not previously stored in the list [col. 8, lines 63-68,
`
`the prefetch table is updated].
`
`8.
`
`As per claim 7, Kroeker et a1 teach that the step of updating comprises removing from the
`
`list any boot data previously stored in the list and not requested by the computer system [001. 8 ;
`
`lines 63-65; updating the prefetch table].
`
`9.
`
`As per claims 9 and 12, Kroeker et al teach that the method steps are program
`
`instructions that are tanginy embodied on a program storage device and readable by a machine
`
`to execute the method steps [co]. 9, lines 27-30; computer program].
`
`10.
`
`As per claim 10, Kroeker et a1 teach
`
`maintaining a list of application data associated with an application program [co]. 11',
`
`lines 30-34, a prefetch table containing disk storage location and length of the data records
`
`requested by the application program];
`
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`Application/Control Number: 09/776,267
`
`Art Unit: 2115
`
`Page 6
`
`preloading the application data upon launching the application program [col. 11, lines 46-
`
`50; preloading the data cache prior to receiving a read command from the application]; and
`
`servicing requests for application data from a computer system using the preloaded
`
`application data [col 1], lines 51-57; communicating the prestored data records of the
`
`application from the data cache to the host computer].
`
`Kroeker et a1 do not disclose about accessing compressed data and decompressing the
`
`compressed data. However, Esfahani et a1 clearly disclose about loading a compressed data into
`
`a RAM cache and then the compressed data is decompressed and executed [col 2, lines 5-13, 63,
`
`67; col. 10, line 65 — col. 11, line 4]. Therefore, it would have been obvious to one of ordinary
`
`skill in the art at the time the invention was made to combine the cited references as both are
`
`directed to minimize a computer’s initial program load time or shortening the load time of the
`
`computer programs f