Response to 312
`Notice of Allowability
`
`Application No.
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`Appllcant(s)
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`10/668,768
`Examiner
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`FALLON, JAMES J.
`Art Unit
`
`Linh V. Nguyen
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`2819
`
`- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address(cid:173)
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`1. [8] This communication is responsive to 5119106.
`
`2. [8] The allowed claim(s) is/are 1.23-25 and 30-93.
`3. D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) D All
`b) D Some* c) D None of the:
`1. D Certified copies of the priority documents have been received.
`2. D Certified copies of the priority documents have been received in Application No. __ .
`3. D 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)).
`*Certified copies not received: __ .
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`4. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PT0-152) which gives reason(s) why the oath or declaration is deficient.
`5. D CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.
`(a) D including changes required by the Notice of Draftsperson's Patent Drawing Review ( PT0-948) attached
`1) D hereto or 2) D to Paper No./Mail Date __ .
`(b) D including changes required by the attached Examiner's Amendment I Comment or in the Office action of
`Paper No./Mail Date __ .
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`6. 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. D Notice of References Cited (PT0-892)
`2. D Notice of Draftperson's Patent Drawing Review (PT0-948)
`3. D Information Disclosure Statements (PT0-1449 or PTO/SB/08),
`Paper No./Mail Date
`4. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. D Notice of Informal Patent Application (PT0-152)
`6. D Interview Summary (PT0-413),
`Paper No./Mail Date __ .
`7. D Examiner's Amendment/Comment
`
`8. [81 Examiner's Statement of Reasons for Allowance
`
`9.~0ther if{lt, ~ ~ 7 {
`
`U.S. Patent and Trademari< Office
`PTOL-37 (Rev. 7-05)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20060629
`
`NetApp; Rackspace Exhibit 1006 Page 1
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`

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`Application/Control Number: 10/668, 768
`Art Unit: 2819
`
`Page 2
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`DETAILED ACTION
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`1.
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`This office action is in response to communication filed on 5/19/06. Claims 50,
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`52, 55- 57, 66 - 68, and 83 - 89 have been amended. Claims 1, 23 - 25, and 30- 93
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`are pending on this application.
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`2.
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`3.
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`Allowable Subject Matter
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`Claims 1, 23 - 25, and 30 - 93 are allowed.
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`The following is an examiner's statement of reasons for allowance:
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`With respect to claim 1 in addition to other elements in each claim, the prior art
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`does not teach or suggest a method for compressing data having steps of performing
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`content dependent data compression, if a data type of data block is identified and
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`performing data compression with a single data compression encoder, if a data type of
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`data block is not identified.
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`With respect to claim 30, in addition to other elements in each claim, the prior art
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`does not teach or suggest a method for compressing data if the data type of the data
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`block is identified, then the method further comprising: performing content dependent
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`data compression to compress the data block; comparing a content dependent data
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`compression ratio of the compressed data block against a first threshold; appending a
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`data compression type descriptor to the compressed data block; outputting the
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`compressed data block and appended data compression type descriptor, if the content
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`data compression ratio is above the first threshold; and performing data compression on
`
`NetApp; Rackspace Exhibit 1006 Page 2
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`

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`Application/Control Number: 10/668, 768
`Art Unit: 2819
`
`Page 3
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`the data block with a single data compression encoder, if the content dependent data
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`compression ratio is not above the first threshold.
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`Any comments considered necessary by applicant must be submitted no later
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`than the payment of the issue fee and, to avoid processing delays, should preferably
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`accompany the issue fee. Such submissions should be clearly labeled "Comments on
`
`Statement of Reasons for Allowance."
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`Contact Information
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`4.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Linh Van Nguyen whose telephone number is (571)
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`272-1810. The examiner can normally be reached from 8:30 - 5:00 Monday-Friday.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Mr. Rexford Barnie can be reached at (571) 272-7492. The fax phone
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`numbers for the organization where this application or proceeding is assigned are
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`(571-273-8300) for regular communications and (571-273-8300) for After Final
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`communications.
`
`LINH NGUYEN
`~ PRIMARY EXAMINER
`
`6/29/06 ,~~--
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`NetApp; Rackspace Exhibit 1006 Page 3
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