Ex Parte Chang et al

Board of Patent Appeals and Interferences

Mar 29, 2012

11037711 (B.P.A.I. Mar. 29, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte JEAN RAWWEI CHANG, ERIKA MARIANNA DAWSON, JON
ARTHUR LYNDS, MICHAEL RAY NOEL, LINDA JEAN SCHILTZ, and
MICHAEL WILLIAM WOOD

Appeal 2010-002126
Application 11/037,711
Technology Center 2100
____________

Before JOSEPH L. DIXON, ST JOHN COURTENAY III, and
CAROLYN D. THOMAS, Administrative Patent Judges.

PER CURIAM

DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134(a) from the Examiner’s final
rejection of claims 1-3, 6, 8-11, 14, 16-19, 21-23, 25-27, and 29-33. Claims
4, 7, 12, 13, 15, 20, 24, and 28 were cancelled during prosecution. We have
jurisdiction under 35 U.S.C. § 6(b).
We reverse.

Appeal 2010-002126
Application 11/037,711

2
Rejections
1. Claims 1-3, 6, 8-11, 14, 16-19, 21-23, 25-27, and 29-30 stand
rejected under 35 U.S.C. § 103(a) as being unpatentable over
Nero (Nero Express 6), Christie (US Pat. Pub. 2003/0067701
A1) and CNS (Robotic Tape Library Expands Internal Backup
Capacity).
2. Claims 31-33 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Nero, Christie, CNS and Bashant (US Patent
6,636,875 B1)
Representative Claim 1
1. An apparatus to enforce policy controls for non-system managed tape
media, the apparatus comprising:
an identification module comprising executable code stored on a
physical storage device, executed by a processor, and configured to
identify a tape media type of a tape media cartridge retrieved by a
robotic accessor of an automated tape library, the tape media type
comprising one of Write Once Read Many (WORM) tape media and
Read/Write (RW) tape media;
a policy module comprising executable code stored on the physical
storage device, executed by the processor, and configured to maintain
a plurality of control policies for tape media types, the control policies
comprising a first tier that requires WORM tape media for non-
specified data classes and a second tier for pre-specified data classes
that requires a corresponding media type for each of the pre-specified
data classes, wherein the non-specified data classes comprise all data
classes except the pre-specified data classes; and
a media control module comprising executable code stored on the
physical storage device,
executed by the processor, and configured to enforce the plurality of
control policies.
Appeal 2010-002126
Application 11/037,711

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(emphasis added)
Analysis
Claims 1-3, 6, 8-11, 14, 16-19, 21-23, 25-27, and 29-30
Based upon our review of the record, we find the preponderance of
the evidence supports the Appellants’ arguments with respect to at least the
disputed limitation: “the control policies comprising a first tier that requires
WORM tape media for non-specified data classes,” as recited in each of
independent claims 1, 9, 17, 22, 26, and 30. (See App. Br. 19-21) (emphasis
added).
In particular, we observe that WORM (Write Once Read Many) tape
media is expressly required for non-specified data classes, according to the
language of each independent claim on appeal. The Examiner reads the
recited “first tier” of “control policies” on Nero’s control policies for
creating an audio disc. (Ans. 4-5). The Examiner reads the recited “non-
specified data classes” on the audio data that is recorded on the Nero disc.
(Ans. 5, ll. 1-2). Christie is relied on for teaching WORM magnetic tape.
(Ans. 5-6; see also Christie, para. [0017]).
However, for the reasons argued in Appellants’ Brief (App. Br. 20,
para. [010]), we do not find persuasive the Examiner’s argument that the
CD-RW and CD-R media described in Nero are inherently WORM media
after the disks are finalized. (Ans. 20).
Because Nero (p. 27) clearly shows that finalizing a disk is an option
that may or may not be selected, multiple write operations may occur before
the user ultimately decides to “finalize” the disc. In such case, the media is
not necessarily “write once” media as maintained by the Examiner. Thus,
on this record, we agree with Appellants that because the CD-RW and CD-R
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Application 11/037,711

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discs are optionally finalized, they are not the required WORM (write-once,
read-many) media for non-specified data classes, as required by the claim
language. (App. Br. 20).
Accordingly, we reverse the Examiner’s obviousness rejection of
claims 1-3, 6, 8-11, 14, 16-19, 21-23, 25-27, and 29-30 for the reasons set
forth in the Appellants’ Brief. (See App. Br. 19-21).

Claims 31-33
As noted above, dependent claims 31-33 are rejected as being
unpatentable over Nero, Christie, CNS and Bashant. We do not find, nor has
the Examiner established, that Bashant cures the deficiencies of Nero,
Christie, and CNS, as discussed above. Accordingly, we reverse the
Examiner’s rejection of claims 31-33 for the same reasons discussed supra.

DECISION
We reverse the Examiner’s rejections of claims 1-3, 6, 8-11, 14,
16-19, 21-23, 25-27, and 29-33 under 35 U.S.C. §103(a).

ORDER
REVERSED

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