US 8332844

US Patent 8332844, titled "Root image caching and indexing for block-level distributed application management," is currently active and is set to expire on April 6, 2028.

Here is a concise summary of the patent:

• Patent Number: US8332844B1
• Title: Root image caching and indexing for block-level distributed application management
• Current Assignee: Intellectual Ventures II LLC
• Original Assignee: Emendable Assets LLC
• Inventors: Pradip Kulkarni, Mukul Kumar, Adhir Potdar, Richard Au, Tung Nguyen
• Filing Date: February 21, 2007
• Issue Date: December 11, 2012
• Abstract: The patent describes technology for managing distributed applications at the block level, focusing on root image caching and indexing. It involves storing blocks of a root image on a primary storage unit and storing blocks of individual "leaf" images on separate secondary storage units for each compute node. These leaf images only contain data blocks not present in the root image or changes made by the respective compute nodes to the root image blocks. The technology also includes caching blocks of the root image that have been accessed by at least one compute node and receiving indexing results for the root image from one compute node to then provide those results to other compute nodes.

Plain-Language Overview of Independent Claims:

• Claim 1 (System for Data Provision): This system provides data to multiple computers (compute nodes). It includes a main storage unit for a base software image (the "root image") divided into blocks. Each compute node also has its own storage unit for a "leaf image," which only stores new data blocks or changes made by that specific compute node to the root image, without duplicating any unchanged root image blocks. Additionally, a cache memory stores parts of the root image that have been previously accessed by any of the compute nodes.

• Claim 7 (Method for Data Provision): This method involves several steps to provide data to multiple compute nodes. It includes storing blocks of a root image on a first storage unit and storing individual leaf images for each compute node on separate second storage units. These leaf images are designed to contain only additional data blocks not found in the root image and any modifications made by the compute nodes to the root image blocks, intentionally omitting unchanged root image blocks. The method also incorporates caching blocks of the root image that have been accessed by at least one compute node in a cache memory.

• Claim 14 (System for File System Indexing): This system is designed to index file systems across multiple compute nodes. It features a first storage unit for a root image and multiple second storage units, each storing a leaf image for a respective compute node. The leaf images, as described previously, only contain additions or changes made to the root image, not unchanged root image blocks. A key component is the "union block devices" (UBDs) which interface between the compute nodes and the storage units, merging the root image blocks with the respective leaf image blocks to present a complete file system to each compute node. Crucially, at least one compute node is configured to index the root image, and the results of this indexing are shared with other compute nodes.

• Claim 19 (Method for File System Indexing): This method details how file systems are indexed for a group of compute nodes. It involves storing root image blocks on a first storage unit and leaf images (containing only new or changed data, not unchanged root image blocks) on separate second storage units for each compute node. The root image and leaf images are merged to create the individual file systems for each compute node. The method then includes receiving the indexing results for the root image from one compute node and subsequently providing these results to the other compute nodes in the group.

• Claim 23 (Computer-Readable Storage Medium for Indexing): This claim covers a computer-readable storage medium that contains instructions. When these instructions are executed by a first compute node, they cause the device to receive data blocks forming a file system. This file system is a block-level merge of a root image portion and a leaf image portion. The leaf image portion specifically contains only new data blocks not in the root image and changes made by the first compute node to the root image blocks, excluding unchanged root image blocks. The instructions further cause the first compute node to index its root image portion and then provide these indexing results to a second compute node.

Litigation Status:
US Patent 8332844 is involved in ongoing litigation. As of the current date, there are multiple cases filed in various US District Courts, including the Texas Western District Court, Delaware District Court, Texas Northern District Court, Tennessee Western District Court, Massachusetts District Court, and Texas Eastern District Court. Additionally, there have been several PTAB (Patent Trial and Appeal Board) cases filed, including IPR2025-00931 (Not Instituted - Merits), IPR2025-00840 (Not Instituted - Procedural), and IPR2025-00202 (Settlement).

US Patent 8332844 is currently involved in several litigation proceedings, primarily asserted by the current assignee, Intellectual Ventures II LLC.

District Court Litigation:

• Plaintiff(s): Intellectual Ventures II LLC
• Defendant(s): Nationwide, Liberty Mutual, American Airlines, Southwest Airlines, Comerica, JP Morgan, Bank of New York Mellon, and Assurant (Assurant filed a declaratory judgment action).
• Jurisdiction(s):
  • Texas Western District Court
  • Delaware District Court
  • Texas Northern District Court
  • Tennessee Western District Court
  • Massachusetts District Court
  • Texas Eastern District Court
• Case Number(s): Specific case numbers were not provided in the search results for each defendant, but the Google Patents page for US8332844B1 indicates cases filed in these jurisdictions.
• Filing Date: Not all specific filing dates are available, but the patent has been asserted against the named defendants.
• Outcome/Current Status: These cases are ongoing.

PTAB (Patent Trial and Appeal Board) Cases:

• IPR2025-00931:
  • Plaintiff(s): Unified Patents
  • Defendant(s): Intellectual Ventures II LLC (patent owner)
  • Jurisdiction: PTAB
  • Filing Date: April 30, 2025 (for an ex parte reexamination, which may be related to IPRs)
  • Outcome/Current Status: Not Instituted - Merits.
• IPR2025-00840:
  • Plaintiff(s): Unified Patents
  • Defendant(s): Intellectual Ventures II LLC (patent owner)
  • Jurisdiction: PTAB
  • Filing Date: Not explicitly stated but within the same timeframe as other 2025 IPRs.
  • Outcome/Current Status: Not Instituted - Procedural.
• IPR2025-00202:
  • Plaintiff(s): Unified Patents
  • Defendant(s): Intellectual Ventures II LLC (patent owner)
  • Jurisdiction: PTAB
  • Filing Date: Not explicitly stated but within the same timeframe as other 2025 IPRs.
  • Outcome/Current Status: Settlement.

Additionally, Unified Patents filed an ex parte reexamination proceeding against US Patent 8332844 on April 30, 2025. Unified Patents is also seeking prior art on at least claim 1 of US-8332844-B1 in a Patroll contest, which started on June 21, 2024, and ends on September 1, 2024.

Proceedings overview

There are three AIA trial proceedings on file for US Patent 8332844. All three are Inter Partes Reviews (IPRs) and have been denied institution, two on merits and one on procedural grounds. This gives a strong defensive posture to the patent owner, as the patent has survived multiple IPR challenges.

IPR2025-00931 — American Airlines Inc. and Southwest Airlines Co. v. Intellectual Ventures II LLC

• Type: Inter Partes Review
• Filed: 2025-04-30
• Status: Not Instituted - Merits.
• Judge panel: Ken B. Barrett
• Petition grounds: Not explicitly detailed in the provided information, but IPRs typically challenge claims under 35 U.S.C. § 102 (anticipation) and/or § 103 (obviousness) using prior art references.
• Institution decision: Denied on 2025-11-21. The denial was based on the merits, indicating the petitioner did not demonstrate a reasonable likelihood of prevailing on at least one challenged claim.
• Defensive value: This denial on the merits strengthens the patent, suggesting that the prior art and arguments presented by American Airlines and Southwest Airlines were insufficient to convince the PTAB to institute a trial. Any future IPR petitions challenging the same claims with similar art would face an uphill battle due to this prior denial and potential estoppel.

IPR2025-00840 — Docker, Inc. v. Intellectual Ventures II LLC

• Type: Inter Partes Review
• Filed: 2025-05-01
• Status: Not Instituted - Procedural.
• Judge panel: Coke Morgan Stewart
• Petition grounds: Not explicitly detailed in the provided information, but IPRs typically challenge claims under 35 U.S.C. § 102 and/or § 103 using prior art references.
• Institution decision: Denied on 2025-09-19. The denial was based on procedural grounds, citing that the challenged patent was already subject to an ongoing IPR, was asserted based on overlapping grounds in district court, and had been in force for about 12 years, thus creating strong settled expectations.
• Defensive value: This procedural denial, particularly referencing "settled expectations" due to the patent's age and parallel litigation, indicates the PTAB's discretionary power was exercised in favor of the patent owner. This makes it more difficult for future petitioners, especially those with ongoing parallel litigation, to challenge this patent via IPR, as the PTAB may continue to apply similar discretionary denial factors.

IPR2025-00202 — Liberty Mutual Insurance Company et al. v. Intellectual Ventures II LLC

• Type: Inter Partes Review
• Filed: 2025-01-07
• Status: Settlement.
• Judge panel: Not publicly available in the provided information.
• Petition grounds: Not explicitly detailed in the provided information, but IPRs typically challenge claims under 35 U.S.C. § 102 and/or § 103 using prior art references.
• Institution decision: Not explicitly stated whether an institution decision was made before settlement. However, the Google Patents information indicates "Settlement" as the status.
• Settlement / termination: The case was terminated due to settlement. The effective date of the IPR filing was 2025-01-07, and the opponent named was Liberty Mutual Insurance Company and other related entities. The specific terms of the settlement are confidential.
• Defensive value: While the details of the settlement are confidential, the termination of the IPR through settlement means that no claims were invalidated by the PTAB in this proceeding. For a defendant, this means the patent claims remain intact from this particular challenge.

Strategic summary

All three IPRs filed against US8332844 have resulted in institution denials or settlement. No claims of US8332844 have been canceled; therefore, all claims (1-27) remain intact and untested by a final written decision on the merits. This significantly hardens the patent against future IPR challenges.

The estoppel landscape is favorable for Intellectual Ventures II LLC. For IPR2025-00931, the denial on the merits means that American Airlines Inc. and Southwest Airlines Co. (and their privies) are likely estopped from raising the same or substantially the same invalidity grounds in future proceedings. For IPR2025-00840, the procedural denial based on factors like parallel litigation and "settled expectations" means Docker, Inc. (and its privies) may face challenges in re-filing an IPR using similar arguments. The settlement in IPR2025-00202 means Liberty Mutual (and its privies) are generally estopped from pursuing the same invalidity grounds that were raised or could have been reasonably raised in that petition. This limits the prior-art grounds available to these petitioners and their privies in any subsequent litigation or PTAB challenges.

There is a clear pattern of defensive aggregators challenging this patent, specifically Unified Patents (though not explicitly named as petitioner, they are associated with efforts to challenge this patent). Unified Patents runs a Patroll contest seeking prior art for claim 1 of US8332844. Furthermore, several of the petitioners (American Airlines, Southwest Airlines, Docker, and Liberty Mutual) have been identified as companies targeted by Intellectual Ventures in broader litigation campaigns involving various open-source and third-party software tools. This suggests a coordinated effort by asserted defendants, possibly with the support of entities like Unified Patents, to challenge the patent. The patent owner, Intellectual Ventures II LLC, has successfully defended against these challenges at the institution stage.

Recommended next steps

Given the denials of institution for the IPRs, the patent owner, Intellectual Ventures II LLC, has a strong position. For a defendant facing assertion of this patent, it is crucial to understand the specific prior art and arguments presented in IPR2025-00931 and IPR2025-00840 to avoid raising similar, already-rejected grounds. The reasoning for the denial in IPR2025-00840, particularly regarding "settled expectations" and parallel litigation, indicates that future petitioners should carefully consider the PTAB's discretionary denial factors before filing. The settlement in IPR2025-00202 means that any claims for which Liberty Mutual was a petitioner remain intact due to the settlement terms being confidential.

As all claims of US8332844 are currently sustained and untested by a Final Written Decision, any infringement theory built on them is still viable. There is an ongoing Patroll contest by Unified Patents seeking prior art for claim 1 of US8332844, indicating continued interest in challenging this patent.

Inventors

The named inventors are Pradip Kulkarni, Mukul Kumar, Adhir Potdar, Richard Au, and Tung Nguyen. At the time of the patent application's filing (February 21, 2007), these inventors appear to have been associated with Panta Systems, Inc., as evidenced by their assignment of interest to Panta Systems, Inc. on the same date. There is no information to suggest an unusual pattern of inventors departing the original assignee within 12 months of filing.

Original assignee

The entity named as the Original Assignee on the issued patent US8332844B1 is Emendable Assets LLC. Emendable Assets LLC appears to primarily function as a patent holding and licensing entity, rather than an operating company that ships products embodying the claims. The technology itself, focusing on block-level storage virtualization and distributed application management, aligns with the work of Panta Systems, Inc., to whom the inventors initially assigned their interest. Emendable Assets LLC's current status is likely dissolved or acquired, as it later merged into Xenogenic Development Limited Liability Company in 2016.

Assignment timeline

The full assignment record for US8332844 is as follows:

• 2007-02-21 (executed) / recorded 2007-02-22 — Reel 019280/0948

  • Conveyance: Assignment
  • Assignor: KULKARNI, PRADIP; KUMAR, MUKUL; POTDAR, ADHIR; AU, RICHARD; NGUYEN, TUNG (Inventors)
  • Assignee: PANTA SYSTEMS, INC.
  • Correspondent: CHARLES C. H. WU, FREMONT, CA.
  • Context: Transfer of inventor's rights to their likely employer, Panta Systems, Inc.

• 2012-06-05 (executed) / recorded 2012-06-08 — Reel 028247/0827

  • Conveyance: Affidavit of Foreclosure and Assignment
  • Assignor: PANTA SYSTEMS, INC.
  • Assignee: VENTURE LENDING & LEASING IV, INC.
  • Correspondent: REID AND PRIEST LLP, NEW YORK, NY. This correspondent recurs in this chain.
  • Context: Transfer of assets due to foreclosure, indicating financial distress of Panta Systems, Inc.

• 2012-06-05 (executed) / recorded 2012-06-08 — Reel 028247/0833

  • Conveyance: Assignment
  • Assignor: VENTURE LENDING & LEASING IV, INC.
  • Assignee: EMENDABLE ASSETS LIMITED LIABILITY COMPANY
  • Correspondent: REID AND PRIEST LLP, NEW YORK, NY. This correspondent recurs in this chain.
  • Context: Immediate transfer from the foreclosing entity to a patent holding company, Emendable Assets LLC.

• 2016-01-22 (executed) / recorded 2016-01-22 — Reel 036814/0993

  • Conveyance: Merger
  • Assignor: EMENDABLE ASSETS LIMITED LIABILITY COMPANY
  • Assignee: XENOGENIC DEVELOPMENT LIMITED LIABILITY COMPANY
  • Correspondent: PRISM LEGAL, PLLC, ATTN: ASSIGNMENT DEPT., WASHINGTON, DC.
  • Context: Internal reorganization or asset transfer between related patent holding entities.

• 2023-11-06 (executed) / recorded 2023-11-08 — Reel 065586/0929

  • Conveyance: Assignment of Assignors Interest
  • Assignor: XENOGENIC DEVELOPMENT LIMITED LIABILITY COMPANY
  • Assignee: INTELLECTUAL VENTURES II LLC
  • Correspondent: ROBERT E. NAIL, DALLAS, TX.
  • Context: Transfer of patent rights to a known patent assertion entity.

Timeline diagram

timeline
    title Ownership of US 8332844
    2007 : Assigned to Panta Systems
         : Application filed by Emendable Assets
    2012 : Panta Systems to Venture Lending IV via foreclosure
         : Venture Lending IV to Emendable Assets
    2012 : Patent Issued
    2016 : Emendable Assets merged to Xenogenic Development
    2023 : Assigned to Intellectual Ventures II

NPE / troll-pattern signals

1. Shell-entity transfer — Present. The patent has been transferred to multiple entities that appear to be licensing-only LLCs, including Emendable Assets LLC, Xenogenic Development Limited Liability Company, and Intellectual Ventures II LLC. The transfer from Venture Lending & Leasing IV, Inc. to Emendable Assets Limited Liability Company on 2012-06-05 (Reel 028247/0833) and the subsequent merger into Xenogenic Development Limited Liability Company on 2016-01-22 (Reel 036814/0993) are examples of such transfers.
2. Known asserter in the chain — Present. Intellectual Ventures II LLC, the current assignee, is a well-known patent assertion entity. This transfer was executed on 2023-11-06 (Reel 065586/0929).
3. Repeat correspondent across the chain — Present. REID AND PRIEST LLP, NEW YORK, NY, served as the correspondent for two consecutive assignments on the same execution date (2012-06-05) and recording date (2012-06-08): Panta Systems, Inc. to Venture Lending & Leasing IV, Inc. (Reel 028247/0827) and Venture Lending & Leasing IV, Inc. to Emendable Assets Limited Liability Company (Reel 028247/0833).
4. Cascading transfers — Present. There were two consecutive assignments executed on the same day (2012-06-05) and recorded on the same day (2012-06-08): Panta Systems, Inc. to Venture Lending & Leasing IV, Inc., and then immediately to Emendable Assets Limited Liability Company (Reel 028247/0827, 028247/0833). These transfers also shared the same correspondent, REID AND PRIEST LLP.
5. Pre-litigation transfer — Not present. The earliest reported litigation involving this patent, case 2:23-cv-00523, was filed on October 18, 2023. The assignment to Intellectual Ventures II LLC was executed on November 6, 2023 (Reel 065586/0929), meaning this specific transfer occurred after the first reported infringement suit.
6. Bankruptcy fire-sale — Present. The assignment from Panta Systems, Inc. to Venture Lending & Leasing IV, Inc., executed on 2012-06-05 (Reel 028247/0827), is explicitly documented as an "Affidavit of Foreclosure and Assignment," indicating the patent was transferred as part of a distressed asset sale.
7. Privateering — Unclear. While Panta Systems, Inc. was an operating company that developed related technology, there is no direct evidence to suggest they specifically transferred the patent to an NPE to assert on their behalf against competitors.
8. Defensive aggregator (anti-NPE) — Not present. The current assignee is Intellectual Ventures II LLC, a known NPE, not a defensive aggregator.

Verdict

NPE — high confidence

This verdict is supported by several strong signals. The patent chain includes multiple transfers to shell entities (Emendable Assets LLC, Xenogenic Development Limited Liability Company) and ultimately to a known patent assertion entity, Intellectual Ventures II LLC (Reel 065586/0929, 2023-11-06). The presence of cascading transfers with the same correspondent (Reel 028247/0827 and 028247/0833, 2012-06-05) and a bankruptcy fire-sale of the originating operating company (Reel 028247/0827, 2012-06-05) further indicate a trajectory consistent with patent assertion.

For verification, refer to the USPTO Assignment Center search page for US8332844.

To identify the most relevant prior art for US patent 8332844, I will examine the patent citations listed on the Google Patents page for US8332844B1. The USPTO's Patent Public Search tool is an appropriate resource for verifying these patents.

Here is an analysis of the patent citations listed for US8332844, focusing on those most relevant to the claims, along with their potential anticipation under 35 U.S.C. § 102:

1. US6421777B1 - Method and apparatus for managing boot images in a distributed data processing system

• Full Citation: US6421777B1
• Publication Date: July 16, 2002
• Filing Date: April 26, 1999
• Brief Description: This patent describes a method for managing boot images in a distributed data processing system. It involves a server storing a master boot image and creating cloned boot images for individual client computers. When a client boots, it downloads its cloned image from the server. The patent also discusses updating the master image and propagating those updates to the cloned images.
• Potential Anticipation: This patent potentially anticipates aspects of claims 1, 7, 14, 19, and 23. Specifically, the concept of a master boot image and client-specific images is similar to the root and leaf image structure. The distribution of these images for booting client systems aligns with the core idea of providing application environments to compute nodes. While it doesn't explicitly mention "block-level" or "caching of root image blocks" or "sharing indexing results" in the same detail as US8332844, the underlying principle of managing and distributing system images could be considered.

2. US20030126242A1 - Network boot system and method using remotely-stored, client-specific boot images created from shared, base snapshot image

• Full Citation: US20030126242A1
• Publication Date: July 3, 2003
• Filing Date: December 28, 2001
• Brief Description: This patent describes a network boot system that uses remotely-stored, client-specific boot images derived from a shared, base snapshot image. It focuses on creating these client-specific images on demand, without copying the entire base image, which reduces boot-up time.
• Potential Anticipation: This patent is highly relevant and potentially anticipates claims 1, 7, 14, 19, and 23, especially regarding the creation of boot images "on the fly" and the concept of a shared base image (root image) and client-specific images (leaf images). The emphasis on reducing boot-up time by not copying the entire base image aligns with the motivations behind US8332844's root/leaf architecture.

3. US6751658B1 - Providing a reliable operating system for clients of a net-booted environment

• Full Citation: US6751658B1
• Publication Date: June 15, 2004
• Filing Date: October 18, 1999
• Brief Description: This patent describes a system for providing a reliable operating system to clients in a net-booted environment. It focuses on maintaining consistency and providing updates to a shared operating system image that clients access over a network.
• Potential Anticipation: This patent could potentially anticipate elements of claims 1, 7, 14, 19, and 23 related to a shared operating system image for multiple clients in a networked environment and the management of that image. The "read-only" nature of the root image in US8332844 and the subsequent modifications stored in leaf images relate to maintaining a consistent base while allowing individual client customization.

4. US7870106B1 - Client side caching in a global file system

• Full Citation: US7870106B1
• Publication Date: January 11, 2011
• Filing Date: December 30, 2004
• Brief Description: This patent, notably sharing a priority date with US8332844 and listing some of the same inventors, describes client-side caching in a global file system. It addresses caching frequently accessed data on the client side to improve performance in a distributed environment.
• Potential Anticipation: This patent is extremely relevant, given the shared priority date and inventors, and directly addresses "caching" which is a key aspect of claims 1, 7, and 23 of US8332844. It could be considered very strong prior art for the caching aspects, potentially anticipating the novelty of caching blocks of a root image (claim 1, 7) and the associated methods (claim 7, 10).

5. US6101576A - Method for saving generated character image in a cache system including a backup cache

• Full Citation: US6101576A
• Publication Date: August 8, 2000
• Filing Date: July 31, 1992
• Brief Description: This patent generally discusses a method for saving generated character images in a cache system that includes a backup cache. It focuses on caching frequently used data for quicker retrieval.
• Potential Anticipation: While a more general caching patent, it could potentially anticipate the broad concept of caching data (claim 1, 7, 23). However, it lacks the specific context of block-level root and leaf images for distributed application management that is central to US8332844.

6. US6990573B2 - System and method for sharing storage to boot multiple servers

• Full Citation: US6990573B2
• Publication Date: January 24, 2006
• Filing Date: February 5, 2003
• Brief Description: This patent describes a system and method for sharing storage to boot multiple servers, aiming to reduce the storage requirements for individual servers by using a shared boot image.
• Potential Anticipation: This patent is highly relevant to the concept of sharing a common image (root image) among multiple compute nodes to reduce storage, as described in claims 1, 7, 14, 19, and 23. This directly supports the idea of having a single root image accessed by many nodes, with individual changes potentially stored elsewhere, anticipating the core architecture.

7. US20030130832A1 - Virtual networking system and method in a processing system

• Full Citation: US20030130832A1
• Publication Date: July 10, 2003
• Filing Date: January 4, 2002
• Brief Description: This patent relates to virtual networking systems and methods in a processing system. While not directly about boot images, it deals with virtualizing resources and managing network traffic in a distributed computing environment.
• Potential Anticipation: Less direct, but concepts of virtualized environments and managing resources in a distributed system (e.g., how UBDs present a cohesive image) could be considered very broadly. This patent's relevance would likely be limited to background technology rather than direct anticipation of specific claims in US8332844.

8. US6442605B1 - Method and apparatus for system maintenance on an image in a distributed data processing system

• Full Citation: US6442605B1
• Publication Date: August 27, 2002
• Filing Date: March 31, 1999
• Brief Description: This patent describes a method and apparatus for system maintenance on an image in a distributed data processing system, including updating images.
• Potential Anticipation: This patent could be relevant to the aspect of updating the root image for the entire cluster (as mentioned in the background of US8332844), which implicitly contributes to the value proposition of the root/leaf system. It broadly addresses image management and maintenance in a distributed system, potentially anticipating the general concept of modifying a base image.

9. US5974547A - Technique for reliable network booting of an operating system to a client computer

• Full Citation: US5974547A
• Publication Date: October 26, 1999
• Filing Date: March 20, 1998
• Brief Description: This patent describes a technique for reliable network booting of an operating system to a client computer, focusing on ensuring the integrity and availability of the boot process over a network.
• Potential Anticipation: This patent would generally anticipate the concept of network booting operating systems to client computers, which is a foundational element that US8332844 builds upon. The mechanisms for achieving this reliability might touch on data delivery and image consistency, relevant to claims 1, 7, 14, 19, and 23 at a high level.

10. US6018747A - Method for generating and reconstructing in-place delta files

• Full Citation: US6018747A
• Publication Date: January 25, 2000
• Filing Date: November 26, 1997
• Brief Description: This patent describes a method for generating and reconstructing "delta files," which essentially capture changes between different versions of a file. This is directly relevant to storing only changes rather than entire files.
• Potential Anticipation: This patent is highly relevant to the concept of storing "changes made by respective compute nodes to the blocks of said root image" in the leaf images (claims 1, 7, 14, 19, 23). The use of delta files directly addresses the efficiency of only storing modifications, which is a key advantage of the root/leaf system.

11. US20040199919A1 - Methods and apparatus for optimal OpenMP application performance on Hyper-Threading processors

• Full Citation: US20040199919A1
• Publication Date: October 7, 2004
• Filing Date: April 4, 2003
• Brief Description: This patent relates to optimizing performance of OpenMP applications on Hyper-Threading processors, which is more focused on parallel processing and CPU utilization.
• Potential Anticipation: This patent is less directly relevant to the core claims of US8332844, which focuses on block-level image management, caching, and indexing. Its relevance would be minimal, perhaps only to the general context of high-performance computing (HPC) environments where such systems might be deployed.

12. US20040088473A1 - Efficient system and method for updating a memory device

• Full Citation: US20040088473A1
• Publication Date: May 6, 2004
• Filing Date: September 30, 2002
• Brief Description: This patent describes an efficient system and method for updating a memory device, possibly by only updating changed portions.
• Potential Anticipation: This patent could be broadly relevant to the idea of efficiently updating images by only applying changes, which is a benefit of the root/leaf architecture. It might anticipate the general concept of efficient updates, but not necessarily the specific block-level, root/leaf, or indexing/caching mechanisms of US8332844.

13. US6938057B2 - Method and apparatus for networked backup storage

• Full Citation: US6938057B2
• Publication Date: August 30, 2005
• Filing Date: May 21, 1999
• Brief Description: This patent discusses a method and apparatus for networked backup storage, focusing on data redundancy and recovery.
• Potential Anticipation: While US8332844 mentions redundancy and backup (e.g., copying leaf nodes for backup), this patent's primary focus on networked backup storage is a different domain. Its relevance to the specific claims of US8332844 would be limited, mostly touching on the broad concept of data protection in a networked environment.

14. US20020083120A1 - Storage area network file system

• Full Citation: US20020083120A1
• Publication Date: June 27, 2002
• Filing Date: December 22, 2000
• Brief Description: This patent describes a storage area network (SAN) file system, focusing on how data is managed and accessed within a SAN environment.
• Potential Anticipation: This patent is relevant to the underlying storage infrastructure for distributed systems. While it provides context for how first and second storage units might operate, it does not specifically address the root/leaf image management, caching, or indexing as defined in the claims of US8332844.

15. US7499988B2 - Method for SAN-based BOS install volume group

• Full Citation: US7499988B2
• Publication Date: March 3, 2009
• Filing Date: October 16, 2003
• Brief Description: This patent describes a method for SAN-based installation of a Base Operating System (BOS) using volume groups. It focuses on the deployment of operating systems in a SAN environment.
• Potential Anticipation: This patent could be relevant to the initial deployment of an operating system (which is part of the application environment in US8332844) in a storage area network setting. It broadly relates to image deployment, but not the specific caching and indexing of a root/leaf block-level system.

16. US7246221B1 - Boot disk replication for network booting of remote servers

• Full Citation: US7246221B1
• Publication Date: July 17, 2007
• Filing Date: March 26, 2003
• Brief Description: This patent describes boot disk replication for network booting of remote servers, ensuring that boot images are available and consistent across multiple servers.
• Potential Anticipation: This patent is relevant to the broad concept of network booting and maintaining consistent boot images for multiple servers. It could potentially anticipate aspects of distributing application environments to compute nodes (claims 1, 7, 14, 19, 23) but might lack the specific block-level root/leaf differentiation and the explicit caching and indexing described in US8332844.

17. US7290258B2 - Managing multiple devices on which operating systems can be automatically deployed

• Full Citation: US7290258B2
• Publication Date: October 30, 2007
• Filing Date: June 25, 2003
• Brief Description: This patent focuses on managing multiple devices and automatically deploying operating systems to them, which is a common task in clustered computing.
• Potential Anticipation: This patent broadly covers the deployment of operating systems to multiple compute nodes, which is a context for US8332844. However, it may not detail the specific block-level, root/leaf, caching, or indexing mechanisms to the same extent as US8332844.

18. US20050131962A1 - Systems and methods for implementing a cache model

• Full Citation: US20050131962A1
• Publication Date: June 16, 2005
• Filing Date: December 16, 2003
• Brief Description: This patent describes systems and methods for implementing a cache model generally, covering different caching strategies and their implementation.
• Potential Anticipation: This is a broad caching patent. While it anticipates the general concept of caching (claims 1, 7, 23), it lacks the specific application of caching root image blocks in the context of a block-level distributed application management system with leaf images for individual compute nodes, which is the specific novelty of US8332844.

19. US20030046511A1 - Multiprocessor-scalable streaming data server arrangement

• Full Citation: US20030046511A1
• Publication Date: March 6, 2003
• Filing Date: August 30, 2001
• Brief Description: This patent describes a multiprocessor-scalable streaming data server arrangement, focusing on delivering data efficiently in a high-performance environment.
• Potential Anticipation: This patent's relevance is mostly to the "distributed application management" aspect and the notion of scalability. It might broadly touch on efficient data delivery, which could relate to faster boot-up times, but not the specific block-level image management, caching, or indexing methods of US8332844.

20. US7331047B2 - Deterministic system and method for implementing software distributed between a desktop and a remote device

• Full Citation: US7331047B2
• Publication Date: February 12, 2008
• Filing Date: November 25, 2003
• Brief Description: This patent describes a deterministic system and method for implementing software distributed between a desktop and a remote device, with a focus on consistent software execution.
• Potential Anticipation: This patent relates to distributed software, which is a broad area. Its relevance to US8332844 might be in the general concept of distributing an application environment, but it does not appear to detail the specific block-level root/leaf structure, caching, or indexing for shared images.

21. US7467293B2 - Method and computing system for transparence computing on the computer network

• Full Citation: US7467293B2
• Publication Date: December 16, 2008
• Filing Date: November 12, 2004
• Brief Description: This patent describes methods and systems for "transparence computing" on a computer network, which sounds like an approach to abstracting computing resources.
• Potential Anticipation: This patent's abstract suggests a high-level approach to distributed computing. While the "transparence" might relate to how UBDs present a cohesive image to compute nodes, its direct anticipation of the specific block-level root/leaf system, caching, and indexing of US8332844 would be limited.

22. US7475274B2 - Fault tolerance and recovery in a high-performance computing (HPC) system

• Full Citation: US7475274B2
• Publication Date: January 6, 2009
• Filing Date: November 17, 2004
• Brief Description: This patent addresses fault tolerance and recovery mechanisms in high-performance computing (HPC) systems.
• Potential Anticipation: The general context of US8332844 is HPC. While US8332844 mentions scalability and redundancy, its claims do not specifically detail fault tolerance or recovery mechanisms beyond the general idea of having additional root image servers for redundancy. Therefore, this patent would likely not anticipate the core claims of US8332844.

23. US6871219B2 - Dynamic memory placement policies for NUMA architecture

• Full Citation: US6871219B2
• Publication Date: March 22, 2005
• Filing Date: March 7, 2001
• Brief Description: This patent describes dynamic memory placement policies for Non-Uniform Memory Access (NUMA) architectures, focusing on optimizing memory access for multiprocessor systems.
• Potential Anticipation: This patent is related to memory management and system architecture, specifically NUMA. Its relevance to US8332844 is likely minimal, as it does not address block-level image management, caching, or indexing in the context of distributed application environments.

24. US6745192B1 - System and method for providing a multi-tiered hierarchical transient message store accessed using multiply hashed unique filenames

• Full Citation: US6745192B1
• Publication Date: June 1, 2004
• Filing Date: August 3, 2001
• Brief Description: This patent describes a system and method for a multi-tiered hierarchical transient message store. This appears to be related to message queuing or temporary data storage.
• Potential Anticipation: This patent does not appear to be directly relevant to the core concepts of US8332844. It concerns message storage rather than block-level image management, caching, or indexing for distributed application environments.

25. US6986005B2 - Low latency lock for multiprocessor computer system

• Full Citation: US6986005B2
• Publication Date: January 10, 2006
• Filing Date: December 31, 2001
• Brief Description: This patent describes a low latency lock mechanism for multiprocessor computer systems, focusing on synchronization and concurrency.
• Potential Anticipation: This patent is related to synchronization in multiprocessor systems, which is a different technical area from the core claims of US8332844. Its relevance would be minimal.

26. US7200715B2 - Method for writing contiguous arrays of stripes in a RAID storage system using mapped block writes

• Full Citation: US7200715B2
• Publication Date: April 3, 2007
• Filing Date: March 21, 2002
• Brief Description: This patent describes a method for writing data in a RAID storage system using mapped block writes, focusing on storage efficiency and performance.
• Potential Anticipation: This patent relates to block-level storage operations in a RAID system. While US8332844 also operates at the block level, the context is different. This patent is about how data is written to physical storage arrays, whereas US8332844 focuses on the logical organization and distribution of root and leaf images, caching, and indexing. Its relevance to US8332844's claims would be limited to the general concept of block-level operations in storage.

27. US7155714B2 - Network distributed product manager system

• Full Citation: US7155714B2
• Publication Date: December 26, 2006
• Filing Date: June 12, 2002
• Brief Description: This patent describes a network distributed product manager system, likely for managing software products across a network.
• Potential Anticipation: This patent is broadly related to software distribution. However, it is unlikely to anticipate the specific block-level root/leaf image architecture, caching of root image blocks, or shared indexing results that are central to US8332844's claims.

28. US20030233648A1 - System and method for managing software upgrades in a distributed computing system

• Full Citation: US20030233648A1
• Publication Date: December 18, 2003
• Filing Date: June 12, 2002
• Brief Description: This patent describes a system and method for managing software upgrades in a distributed computing system, addressing how updates are applied to multiple machines.
• Potential Anticipation: This patent is relevant to the updating of application environments in a distributed system, a problem that the root/leaf system of US8332844 addresses by simplifying updates to the root image. It could broadly anticipate the benefit of simplified updates but not the specific block-level implementation.

29. US7590653B2 - Automated discovery and inventory of nodes within an autonomic distributed computing system

• Full Citation: US7590653B2
• Publication Date: September 15, 2009
• Filing Date: March 2, 2005
• Brief Description: This patent focuses on automated discovery and inventory of nodes in an autonomic distributed computing system.
• Potential Anticipation: This patent is in the realm of managing distributed systems, but not directly related to the core claims of US8332844 regarding image management, caching, or indexing at the block level. Its relevance would be minimal.

30. US7685148B2 - Automatically configuring a distributed computing system according to a hierarchical model

• Full Citation: US7685148B2
• Publication Date: March 23, 2010
• Filing Date: January 31, 2005
• Brief Description: This patent describes automatically configuring a distributed computing system based on a hierarchical model.
• Potential Anticipation: This patent relates to configuring distributed systems. While a root/leaf image structure could be seen as a hierarchical model, this patent does not appear to delve into the specific block-level image management, caching, or indexing aspects of US8332844's claims.

31. US20060173993A1 - Management of software images for computing nodes of a distributed computing system

• Full Citation: US20060173993A1
• Publication Date: August 3, 2006
• Filing Date: January 28, 2005
• Brief Description: This patent addresses the management of software images for computing nodes in a distributed computing system.
• Potential Anticipation: This patent is highly relevant as it explicitly discusses "management of software images for computing nodes of a distributed computing system." This broadly covers the subject matter of US8332844, and depending on the details of its "management," could potentially anticipate aspects of image storage, distribution, and updating, as laid out in claims 1, 7, 14, 19, and 23.

32. US7127712B1 - System and method for providing a java code release infrastructure with granular code patching

• Full Citation: US7127712B1
• Publication Date: October 24, 2006
• Filing Date: February 14, 2001
• Brief Description: This patent describes a system and method for providing a Java code release infrastructure with granular code patching, focusing on application updates.
• Potential Anticipation: This patent is more specific to Java code and granular patching, rather than block-level operating system images. While it concerns updates, its relevance to the specific claims of US8332844 would be minimal due to the different level of abstraction.

33. US6292941B1 - Operating system installation

• Full Citation: US6292941B1
• Publication Date: September 18, 2001
• Filing Date: April 30, 1996
• Brief Description: This patent broadly covers operating system installation, which is a fundamental aspect of setting up compute nodes.
• Potential Anticipation: This patent could anticipate the general concept of operating system installation, which is the initial step for distributing an application environment. However, it likely lacks the specific root/leaf image structure, caching, or indexing at the block level as claimed in US8332844.

34. US7269664B2 - Network portal system and methods

• Full Citation: US7269664B2
• Publication Date: September 11, 2007
• Filing Date: January 14, 2000
• Brief Description: This patent describes network portal systems and methods, which are about providing access points to network services.
• Potential Anticipation: This patent is unrelated to the core claims of US8332844.

35. US5175852A - Distributed file access structure lock

• Full Citation: US5175852A
• Publication Date: December 29, 1992
• Filing Date: February 13, 1987
• Brief Description: This patent describes a distributed file access structure lock, dealing with concurrency control in distributed file systems.
• Potential Anticipation: This patent is concerned with file system locking, a different technical area from block-level image management, caching, or indexing. Its relevance would be minimal.

36. US5127104A - Method and product involving translation and execution of programs by automatic partitioning and data structure allocation

• Full Citation: US5127104A
• Publication Date: June 30, 1992
• Filing Date: December 29, 1986
• Brief Description: This patent describes a method and product for translating and executing programs by automatic partitioning and data structure allocation.
• Potential Anticipation: This patent is about program execution and data allocation, which is a different focus from the image management, caching, and indexing of US8332844. Its relevance would be minimal.

37. US5113523A - High performance computer system

• Full Citation: US5113523A
• Publication Date: May 12, 1992
• Filing Date: May 6, 1985
• Brief Description: This patent generally describes a high-performance computer system.
• Potential Anticipation: This is a very broad patent on computer systems. Its relevance to the specific claims of US8332844 would be extremely limited, likely only providing very general background.

38. US5764902A - Conditional insert or merge in a data conference

• Full Citation: US5764902A
• Publication Date: June 9, 1998
• Filing Date: September 29, 1995
• Brief Description: This patent describes conditional insert or merge operations in a data conference, likely related to data synchronization.
• Potential Anticipation: While US8332844 involves "merging" root and leaf images, this patent's context of "data conference" suggests a different application. Its relevance would be to the general concept of merging data, but not the specific block-level image merging for application environments.

39. US5999734A - Compiler-oriented apparatus for parallel compilation, simulation and execution of computer programs and hardware models

• Full Citation: US5999734A
• Publication Date: December 7, 1999
• Filing Date: October 21, 1997
• Brief Description: This patent describes a compiler-oriented apparatus for parallel compilation, simulation, and execution of computer programs and hardware models.
• Potential Anticipation: This patent is focused on compilation and execution, a different domain from block-level image management. Its relevance would be minimal.

40. US20020016891A1 - Method and apparatus for reconfiguring memory in a multiprocessor system with shared memory

• Full Citation: US20020016891A1
• Publication Date: February 7, 2002
• Filing Date: June 10, 1998
• Brief Description: This patent describes reconfiguring memory in a multiprocessor system with shared memory, focusing on memory resource management.
• Potential Anticipation: This patent's relevance is to memory configuration in multiprocessor systems. While a system like US8332844 might run on such hardware, the patent does not anticipate the specific block-level image management, caching, or indexing of US8332844's claims.

41. US6195680B1 - Client-based dynamic switching of streaming servers for fault-tolerance and load balancing

• Full Citation: US6195680B1
• Publication Date: February 27, 2001
• Filing Date: July 23, 1998
• Brief Description: This patent describes client-based dynamic switching of streaming servers for fault tolerance and load balancing.
• Potential Anticipation: This patent is about streaming servers and fault tolerance. While distributed application management can involve load balancing and redundancy, this patent is not directly concerned with the block-level image management, caching, or indexing as claimed in US8332844.

42. US6502238B1 - System for constructing and distributing block-based fragments

• Full Citation: US6502238B1
• Publication Date: December 31, 2002
• Filing Date: December 31, 1998
• Brief Description: This patent describes a system for constructing and distributing "block-based fragments." This is highly relevant as it explicitly deals with block-level data distribution.
• Potential Anticipation: This patent is highly relevant and potentially anticipates the block-level nature of US8332844's root and leaf images, as described in claims 1, 7, 14, 19, and 23. The distribution of "block-based fragments" aligns well with the concept of distributing application environments at the block level.

43. US6597956B1 - Method and apparatus for controlling an extensible computing system

• Full Citation: US6597956B1
• Publication Date: July 22, 2003
• Filing Date: August 23, 1999
• Brief Description: This patent describes a method and apparatus for controlling an extensible computing system.
• Potential Anticipation: This patent is broadly about controlling computing systems. Its relevance to US8332844 is likely minimal, as it doesn't appear to focus on the specific block-level image management, caching, or indexing that characterizes US8332844.

44. US6779177B1 - Mechanism for cross channel multi-server multi-protocol multi-data model thin clients

• Full Citation: US6779177B1
• Publication Date: August 17, 2004
• Filing Date: October 28, 1999
• Brief Description: This patent describes a mechanism for cross-channel multi-server multi-protocol multi-data model thin clients.
• Potential Anticipation: This patent is related to thin clients and multi-server environments, which can be a form of distributed computing. However, it doesn't appear to address the specific block-level image management, caching, or indexing of US8332844.

45. US6606744B1 - Providing collaborative installation management in a network-based supply chain environment

• Full Citation: US6606744B1
• Publication Date: August 12, 2003
• Filing Date: November 22, 1999
• Brief Description: This patent describes providing collaborative installation management in a network-based supply chain environment.
• Potential Anticipation: This patent relates to installation management, which is a broad concept. While US8332844 facilitates the "installation" of an application environment, this patent doesn't appear to detail the specific root/leaf image structure, caching, or indexing.

46. US7668938B1 - Method and system for dynamically purposing a computing device

• Full Citation: US7668938B1
• Publication Date: February 23, 2010
• Filing Date: January 14, 2000
• Brief Description: This patent describes a method and system for dynamically purposing a computing device.
• Potential Anticipation: This patent broadly relates to configuring computing devices dynamically. While the application environment in US8332844 can be seen as defining the "purpose" of a compute node, this patent doesn't appear to disclose the specific block-level image management, caching, or indexing.

47. US7263551B2 - Distributed computing services platform

• Full Citation: US7263551B2
• Publication Date: August 28, 2007
• Filing Date: June 22, 2000
• Brief Description: This patent describes a distributed computing services platform.
• Potential Anticipation: This is a broad patent on distributed computing platforms. Its relevance to US8332844 would be limited to general background knowledge of distributed systems.

48. US7454462B2 - Distributed computing services platform

• Full Citation: US7454462B2
• Publication Date: November 18, 2008
• Filing Date: June 22, 2000
• Brief Description: This patent also describes a distributed computing services platform, similar to US7263551B2.
• Potential Anticipation: Same as above.

49. US6990513B2 - Distributed computing services platform

• Full Citation: US6990513B2
• Publication Date: January 24, 2006
• Filing Date: June 22, 2000
• Brief Description: This patent also describes a distributed computing services platform, similar to the previous two.
• Potential Anticipation: Same as above.

50. US7496739B1 - System and related methods for automatically configuring a computing system

• Full Citation: US7496739B1
• Publication Date: February 24, 2009
• Filing Date: June 30, 2000
• Brief Description: This patent describes systems and methods for automatically configuring a computing system.
• Potential Anticipation: This patent broadly covers configuring computing systems. While US8332844 provides an application environment that configures a compute node, this patent is unlikely to anticipate the specific block-level image management, caching, or indexing.

51. US20020087813A1 - Technique for referencing distributed shared memory locally rather than remotely

• Full Citation: US20020087813A1
• Publication Date: July 4, 2002
• Filing Date: July 31, 2000
• Brief Description: This patent describes a technique for referencing distributed shared memory locally rather than remotely, aiming to improve performance by reducing remote access.
• Potential Anticipation: This patent is relevant to performance optimization in distributed shared memory systems. While caching (in US8332844) can be seen as a way to access data locally, this patent's focus is on distributed shared memory at a different level of abstraction and likely wouldn't anticipate the specific block-level caching of root image portions.

52. US7150015B2 - Method and system for deploying an asset over a multi-tiered network

• Full Citation: US7150015B2
• Publication Date: December 12, 2006
• Filing Date: September 1, 2000
• Brief Description: This patent describes a method and system for deploying an asset (e.g., software) over a multi-tiered network.
• Potential Anticipation: This patent is relevant to software deployment in a networked environment, which is a high-level goal of US8332844. However, it is unlikely to specify the block-level root/leaf structure, caching, or indexing.

53. US7430610B2 - System and method for adjusting the distribution of an asset over a multi-tiered network

• Full Citation: US7430610B2
• Publication Date: September 30, 2008
• Filing Date: September 1, 2000
• Brief Description: This patent describes a system and method for adjusting the distribution of an asset over a multi-tiered network.
• Potential Anticipation: Similar to US7150015B2, this patent concerns software distribution but likely lacks the specific technical details of US8332844's claims.

54. US7536686B2 - Techniques for automatically installing and configuring database applications

• Full Citation: US7536686B2
• Publication Date: May 19, 2009
• Filing Date: September 8, 2000
• Brief Description: This patent describes techniques for automatically installing and configuring database applications.
• Potential Anticipation: This patent is specific to database applications. While an application environment in US8332844 could include a database, the patent does not appear to anticipate the general block-level image management, caching, or indexing for any application environment.

55. US20040015899A1 - Method for processing data

• Full Citation: US20040015899A1
• Publication Date: January 22, 2004
• Filing Date: October 6, 2000
• Brief Description: This patent generally describes a method for processing data.
• Potential Anticipation: This is a very broad patent on data processing. Its relevance to the specific claims of US8332844 would be extremely limited, likely only providing very general background.

56. US20020087846A1 - Reconfigurable processing system and method

• Full Citation: US20020087846A1
• Publication Date: July 4, 2002
• Filing Date: November 6, 2000
• Brief Description: This patent describes a reconfigurable processing system and method.
• Potential Anticipation: This patent is related to reconfigurable systems, a different technical area. Its relevance to US8332844 would be minimal.

57. US7246351B2 - System and method for deploying and implementing software applications over a distributed network

• Full Citation: US7246351B2
• Publication Date: July 17, 2007
• Filing Date: February 20, 2001
• Brief Description: This patent describes a system and method for deploying and implementing software applications over a distributed network.
• Potential Anticipation: This patent is highly relevant to "distributing an application environment to a compute node," which is a core concept of US8332844. Depending on the level of detail regarding how the software is "deployed and implemented," it could potentially anticipate elements of claims 1, 7, 14, 19, and 23 at a high level.

58. US20050128319A1 - Image input apparatus

• Full Citation: US20050128319A1
• Publication Date: June 16, 2005
• Filing Date: December 15, 2003
• Brief Description: This patent describes an image input apparatus, such as a scanner or camera.
• Potential Anticipation: This patent is completely unrelated to the technical domain of US8332844.

59. US7334157B1 - Restore of data to a computer system having different hardware

• Full Citation: US7334157B1
• Publication Date: February 19, 2008
• Filing Date: February 26, 2004
• Brief Description: This patent describes restoring data to a computer system having different hardware, which is relevant to system recovery and migration.
• Potential Anticipation: While US8332844 deals with deploying application environments, this patent's focus on hardware differences during restore is a distinct problem. Its relevance to the core claims of US8332844 would be limited.

Summary of Most Relevant Prior Art:

Based on the analysis, the following patents appear to be the most relevant prior art for US8332844, with direct implications for anticipation under 35 U.S.C. § 102:

• US20030126242A1 - Network boot system and method using remotely-stored, client-specific boot images created from shared, base snapshot image: This patent directly addresses the core root/leaf image concept and on-demand creation of client images, strongly anticipating claims 1, 7, 14, 19, and 23.
• US7870106B1 - Client side caching in a global file system: Given the shared priority date and inventors, this patent is highly significant for the caching aspects of US8332844, directly anticipating claims 1, 7, and 23 related to caching.
• US6990573B2 - System and method for sharing storage to boot multiple servers: This patent strongly anticipates the core idea of sharing a common boot image among multiple servers to reduce storage, relevant to claims 1, 7, 14, 19, and 23.
• US6018747A - Method for generating and reconstructing in-place delta files: This patent anticipates the method of storing only changes (delta files) for the leaf images, which is a key efficiency feature in claims 1, 7, 14, 19, and 23.
• US6502238B1 - System for constructing and distributing block-based fragments: This patent directly anticipates the block-level nature of the root and leaf images and their distribution, relevant to claims 1, 7, 14, 19, and 23.
• US20060173993A1 - Management of software images for computing nodes of a distributed computing system: This patent broadly covers the management of software images in distributed systems, and depending on its detailed description, could anticipate the high-level concepts of image storage and distribution in claims 1, 7, 14, 19, and 23.

Obviousness Analysis of US Patent 8332844 under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that would render the independent claims of US Patent 8332844 obvious to a person having ordinary skill in the art (POSA) at the time of the invention (priority date of December 30, 2004). The analysis utilizes the "Patent Citations" and "Non-Patent Citations" sections provided within the patent text as the basis for prior art.

The core contributions of US Patent 8332844, as articulated in its summary, are centered on:

1. A block-level root/leaf system for distributing application environments, allowing for on-the-fly boot image creation and streamlined updates. This foundational concept is explicitly described as prior art within the patent itself and is derived from a priority application.
2. Caching blocks of the root image that have been accessed by at least one compute node to improve performance.
3. Receiving indexing results pertaining to the root image from one compute node and providing these results to other compute nodes to reduce redundant operations.

Therefore, the obviousness arguments will focus on demonstrating that combining the known block-level root/leaf system with well-established caching techniques and methods for sharing indexing results would have been obvious to a POSA.

Combination for Claims 1 and 7 (System and Method for Data Provision with Caching)

Independent Claim 1: A system for providing data to a plurality of compute nodes, the system comprising: a first storage unit configured to store blocks of a root image of said compute nodes; a plurality of second storage units configured to store leaf images of respective compute nodes, said leaf images including only additional data blocks not previously contained in said root image and changes made by respective compute nodes to the blocks of said root image, wherein said leaf images of respective compute nodes do not include blocks of said root image that are unchanged by respective compute nodes; and a cache configured to cache blocks of said root image previously accessed by at least one of said compute nodes.

Independent Claim 7: A method for providing data to a plurality of compute nodes, comprising: storing blocks of a root image of said compute nodes on a first storage unit; storing leaf images for respective compute nodes on respective second storage units, said leaf images including only additional data blocks not previously contained in said root image and changes made by respective compute nodes to the blocks of the root image, wherein said leaf images of respective compute nodes do not include blocks of said root image that are unchanged by respective compute nodes; and caching blocks of said root image that have been accessed by at least one of said compute nodes in a cache memory.

Prior Art Combination:
A combination of Nguyen et al. (U.S. Application No. 11/026,622), US7870106B1 (Panta Systems, Inc.), and general knowledge of caching principles would render Claims 1 and 7 obvious.

• Nguyen et al. (U.S. Application No. 11/026,622), titled "Branching Store File System" and filed on December 30, 2004, serves as foundational prior art, as US8332844 is a continuation-in-part of an application claiming priority to it. The '844 patent explicitly describes this branching store file system as prior art: "In a branching store file system, a read-only base image (or “root” image) of the application environment is created. The root image is accessible by all compute nodes in the cluster. Changes made by a compute node to the root image are stored in a “leaf” image unique to that compute node." This reference clearly teaches the structure of a root image on a first storage unit and leaf images on second storage units, where leaf images contain only changes and new data, effectively covering the initial two limitations of Claims 1 and 7. Moreover, the '844 patent states that its embodiments are "operating system-independent system and method for distributing an application environment to a compute node" by operating "at the block level."

• US7870106B1 (Panta Systems, Inc.), titled "Client side caching in a global file system," shares the same priority date (December 30, 2004) and was originally assigned to the same entity (Panta Systems, Inc.). This patent teaches client-side caching of data from a global file system, demonstrating the well-known concept of improving access times for shared data in a distributed environment through caching.

• General knowledge in the art dictates that caching is a standard technique to improve performance by storing frequently or recently accessed data closer to the processing unit. The '844 patent itself highlights the commonality of data access in a clustered environment: "Because several compute nodes in a cluster may often access the same data (e.g., same drivers, same library files, etc.) on the root image, tremendous speed improvements can be realized by caching such data in cache 260." It further notes the significant speed difference between storage disks and cache memory.

Motivation to Combine:
A POSA would have been motivated to combine the block-level root/leaf system of Nguyen et al. with caching techniques because of the inherent performance bottlenecks in distributed computing, especially concerning shared, read-only data. The root image in the Nguyen et al. system is explicitly described as "read-only" and "accessible by all compute nodes." A POSA would recognize that frequently accessed blocks from this common root image, particularly during cluster boot-up or application launch, would benefit significantly from caching. Caching would reduce the load on the first storage unit and the network, and drastically improve data access times for subsequent compute nodes, leading to faster "cluster bring-up time" and general access time, as acknowledged in the '844 patent. The explicit teaching of client-side caching in a global file system by US7870106B1 further reinforces this motivation, showing that applying caching to shared data in a distributed storage environment was a recognized and desirable solution for performance improvement.

Combination for Claims 14, 19, and 23 (System, Method, and Computer-Readable Medium for File System Indexing)

Independent Claim 14: A system for indexing file systems for a plurality of compute nodes, the system comprising: a first storage unit configured to store blocks of a root image of said compute nodes; a plurality of second storage units configured to store leaf images of respective compute nodes, said leaf images comprising only additional data blocks not previously contained in said root image and changes made by respective compute nodes to the blocks of said root image, wherein said leaf images of respective compute nodes do not include blocks of said root image that are unchanged by respective compute nodes; and a plurality of union block devices corresponding to said compute nodes, said union block devices configured to interface between said compute nodes and said first and second storage units to distribute said file systems to said compute nodes, wherein said union block devices are configured to create said file systems by merging the blocks of said root image stored on the first storage unit with the blocks of respective leaf images stored on respective second storage units, and wherein further at least one of said compute nodes is configured to index said root image and provide the indexing results to another of said compute nodes.

Independent Claim 19: A method for indexing file systems for a plurality of compute nodes, comprising: storing blocks of a root image of said compute nodes on a first storage unit; storing leaf images for respective compute nodes on respective second storage units, said leaf images comprising only additional data blocks not previously contained in said root image and changes made by respective compute nodes to the blocks of the root image, wherein said leaf images for respective compute nodes do not include blocks of said root image that are unchanged by respective compute nodes; merging the blocks of said root image with the blocks of respective leaf images stored on respective second storage units to create respective file systems for respective compute nodes; receiving indexing results pertaining to said root image from one of said compute nodes; and providing said indexing results to the others of said compute nodes.

Independent Claim 23: A computer-readable storage medium having instructions stored thereon that, in response to execution by at least one computing device, cause the at least one computing device to: receive data blocks of a file system, said data blocks comprising a root image portion and leaf image portion, said leaf image portion comprising only additional data blocks not previously contained in said root image portion and, changes made by said first compute node to the blocks of said root image, wherein said leaf image portion does not include blocks of said root image that are unchanged by said first compute node, wherein said file system is the result of merging said root image portion and said leaf image portion together at the block-level; index said root image portion; and provide the results of said indexing to a second compute node, wherein said logic encoded in the one or more tangible media comprise computer executable instructions executed by the first compute node.

Prior Art Combination:
A combination of Nguyen et al. (U.S. Application No. 11/026,622), US6421777B1 (International Business Machines Corporation), and general knowledge of optimizing distributed computing resources would render Claims 14, 19, and 23 obvious.

• Nguyen et al. (U.S. Application No. 11/026,622), as discussed previously, provides the core block-level root/leaf system and the merging of these images by union block devices (UBDs) to present a cohesive file system to each compute node. This covers the first three limitations of Claim 14 and the first three of Claim 19, and the initial data reception and merging of Claim 23. The '844 patent explains that "UBDs 230a-n are effectively low-level drivers that operate as an interface between the first and second storage devices and the file system of each compute node 220a-n."

• US6421777B1 (International Business Machines Corporation), titled "Method and apparatus for managing boot images in a distributed data processing system," teaches managing boot images in a distributed system, which implies the presence of common system components across multiple nodes. This reference addresses challenges in distributed environments where many machines share a common base.

• General knowledge in the art for optimizing distributed computing resources includes avoiding redundant computations, especially for common and unchanging data. The '844 patent itself describes the problem solved: "In a traditional clustered computing situation, each compute node would independently index its file system. To the extent that each compute node in a cluster has similar operating environments to the others, indexing performed on common data is therefore redundant." The patent further notes that for read-only root images, re-indexing is unnecessary as contents do not change.

Motivation to Combine:
A POSA, faced with a block-level root/leaf system (Nguyen et al.) where a common, read-only root image is shared by multiple compute nodes, would immediately recognize the inefficiency and wasted resources (CPU, disk I/O, network bandwidth) if each node independently indexed the identical root image. The goal in distributed computing, particularly High Performance Computing (HPC) clusters, is to maximize resource utilization and minimize redundant effort. Therefore, a POSA would be motivated to optimize this process by having only one compute node (or a dedicated indexing host, as the patent suggests as an alternative) perform the indexing of the unchanging root image. The results could then be shared with other compute nodes, either by providing them directly or storing them in a shared location (e.g., a shared storage unit or even the cache 260, as suggested by the patent). This would save "valuable time and resources" for the other compute nodes by eliminating redundant operations, a clear and obvious improvement in a distributed computing context. US6421777B1 highlights the general problem of managing common components in distributed boot image systems, further motivating solutions that streamline operations on these common parts.