Ex Parte Vishlitzky et al - Page 4

                Appeal 2007-1951                                                                             
                Application 10/120,016                                                                       
                      Action to write new data to the currently used location and coping the                 
                      old data to an unused disk location would counteract the storage                       
                      efficiencies that the Hitz system is meant to provide.  As mentioned                   
                      above, Hitz specifically states that because WAFL always writes new                    
                      data to unused disk locations, the snapshot tree does not change even                  
                      though the active file system does.                                                    
                (Brief. 12 – 13).  Appellants provide further rationale to support this                      
                argument on pages 3 through 13 of the Reply Brief.                                           
                      The Examiner responds in the Answer, stating:                                          
                            The Appellants make much of the fact that the Hitz reference                     
                      discloses that "Because WAFL always writes new data to unused disk                     
                      locations, the snapshot tree does not change even though the active                    
                      file system changes." (see col. 18, lines 30-32).                                      
                            This fact, however, has nothing to do with the feature of the                    
                      Hitz invention that constitutes the improvement over the prior art, and                
                      is in fact the principle of operation of the system.  The improvement                  
                      and principle of operation has to do with the fact that each snapshot of               
                      the Hitz system requires only a single inode to be created, and                        
                      thereafter requires the duplication of only those data blocks which                    
                      have been modified.  This is in contrast to the prior art, where a                     
                      second copy of the entire inode file as well as copies of all indirect                 
                      blocks are required for the creation of a snapshot.                                    
                (Answer 8).  Further, the Examiner finds that modifying Hitz with Siddha’s                   
                copy-on-write scheme would not require substantial reconstruction.                           
                (Answer 9).  Additionally, the Examiner finds that the performance of either                 
                method of copy-on-write scheme is exactly the same.  (Answer 10).                            
                      Thus, the issue before us is whether it would have been obvious to                     
                modify the system of Hitz such that in response to a write of new data to a                  
                section of storage, the data existing in the section of storage is first copied to           
                another section of storage, and then the data written to the section of storage              
                as recited in the independent claims.                                                        
                                             PRINCIPLES OF LAW                                               
                                                     4                                                       


Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: September 9, 2013