Ex Parte BRUNING et al - Page 5



                 Appeal No. 2004-1190                                                                                 
                 Application No. 09/286,160                                                                           


                        of claim 1 would not be suggested.  Alternatively, if the Khosrowpour                         
                        controllers 140, 200 were combined consistent with Massiglia, this                            
                        combination would fail to provide the redundant, failover function taught as                  
                        desirable by Khosrowpour.                                                                     
                        In response, the examiner states, on page 14 of the answer:                                   
                        The claim, for example claim 1, calls for a second plurality of back-end                      
                        controllers coupled to the first plurality of disks of organizing and                         
                        presenting the first plurality of disks as a third plurality of redundant arrays              
                        of disk.  This feature is taught by Massiglia, refer to Figure 73, page 151;                  
                        Figure 74, page 153- lower array management function(s)/ Mirroring Array                      
                        Management Function(s)).  The lower array management function                                 
                        organizes and presents the first plurality of disks as redundant arrays of                    
                        disks (mirrored).  Additionally, claim 1, requires a front-end controller                     
                        coupled to the second plurality of back-end controllers for generating                        
                        mirror sets from at least one of the disks in a third plurality of redundant                  
                        arrays of disks received from the second plurality of back-end controllers,                   
                        striping at least one of the disks in the third plurality of redundant arrays of              
                        disks and presenting the striped arrays as a virtual volume.  Essentially,                    
                        the claimed front-end controller performs mirroring and striping.  The                        
                        above rejection indicates that Massiglia teaches a front-end controller                       
                        which performs striping but does not also provide mirroring.  Khosrowpour                     
                        is relied upon for teaching a controller which performs mirroring and                         
                        striping.  The above rejection indicates that the combination of Massiglia                    
                        and Khosrowpour teaches the required elements for the front-end                               
                        controller by modifying Massiglia’s front-end controller, with the teachings                  
                        of Khosrowpour, to also include the functionality of mirroring, based on the                  
                        controller taught by Khosrowpour which performs mirroring and striping.                       
                        (emphasis original)                                                                           

                        We disagree with the appellants and find that the rejection does set forth                    
                 proper motivation to combine the references, however, we agree with the                              
                 appellants and find that the combination of the references do not teach the                          
                 functionality of the front-end controller and back-end controllers as is claimed.                    
                        Claim 1 includes the limitations of a “a front-end controller coupled to the                  
                 second plurality of back-end controllers for generating mirror sets from at least                    

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