Ex Parte Umberger et al - Page 2


               Appeal 2007-0965                                                                             
               Application 10/264,573                                                                       
               disclosed invention provides a method and system for automatically                           
               managing the use of different RAID levels within an array, such that free                    
               space within the array is created responsive to the present free space and the               
               current rate of use (Specification 1-2).                                                     
                      Representative claim 1 is illustrative:                                               
               1.  A method of managing a data storage array, comprising:                                   
                      providing a plurality of computer disks configured to store data;                     
               configuring the plurality of computer disks as a RAlD array;                                 
                      coupling a controller to the RAlD array;                                              
                      measuring a utilization rate at which the array is accessed using the                 
               controller; and                                                                              
                      selectively moving blocks of data within the RAlD array such that                     
               free space is created within the RAlD array responsive to the measuring the                  
               rate using the controller.                                                                   

                                            THE REFERENCES                                                  
                      The Examiner relies upon the following references as evidence of                      
               anticipation and unpatentability:                                                            
               Burkes   US 5,664,187   Sep. 2, 1997                                                         
               Bertin    US 6,426,530 B1  July 30, 2002                                                     
                                            THE REJECTIONS                                                  
                      The following rejections are on appeal before us:                                     
                      1. Claims 1-6 stand rejected under 35 U.S.C. § 102(b) as being                        
                         anticipated by Burkes.                                                             
                      2. Claims 7-22 stand rejected under 35 U.S.C. § 103(a) as being                       
                         unpatentable over the teachings of Burkes in view of Bertin.                       




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