Ex Parte Fore et al - Page 9



         Appeal No. 2006-1540                                                       
         Application No. 10/113,338                                                 

         compacted state since the last stripe updated is known, i.e., the          
         data that used to be on the failed disk up to the last stripe              
         updated maybe rebuilt to spare units distributed among the                 
         remaining disks in the disk array, thereby allowing the disk               
         array to enter a compacted state.  It is this persistent tracking          
         of each stripe updated during expansion that is time consuming             
         and expensive (due to the cost of non-volatile memory).  Thus,             
         appellants’ improvement over this conventional expansion process           
         is to eliminate the necessity of tracking the stripes updated              
         during expansion in order to enter a compacted state upon a                
         failure of the updated disk during expansion.                              
              This improvement, recited in various ways in each of the              
         claims on appeal, is achieved by the mirroring step or apparatus           
         recited in each of the claims on appeal, in combination with               
         other steps or elements. In claim 1, for example: “mirroring said          
         data to a stripe unit that corresponds to said particular stripe           
         unit in a same stripe if said particular stripe unit was rebuilt           
         during said expansion process, wherein said mirror stripe unit is          
         located in another disk of said disk array” is recited.                    
              It does appear that there is some “mirroring” occurring in            
         Ohizumi in that data is written to both a new disk and a spare             
         disk (see element S05 in Figure 7), but this does not seem to be           

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