Ex Parte Geisel et alDownload PDFBoard of Patent Appeals and InterferencesNov 28, 200709795670 (B.P.A.I. Nov. 28, 2007) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte BRIAN R. GEISEL, WILLIAM RANDLETT, AMAR VERMA, JEFF CHINANDER, KS SUBRAMANIAN, and RANJEE GANGADHAR ____________ Appeal 2007-3342 Application 09/795,670 Technology Center 2100 ____________ Decided: November 28, 2007 ____________ Before ANITA PELLMAN GROSS, JEAN R. HOMERE, and JOHN A. JEFFERY, Administrative Patent Judges. GROSS, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellants appeal under 35 U.S.C. § 134 from the Examiner's Final Rejection of claims 1 through 20, which are all of the claims pending in this application. We have jurisdiction under 35 U.S.C. § 6(b), and we heard the appeal on November 8, 2007. Appellants' invention relates generally to a system and method for processing commercial paper. (See generally Spec. paragraph [0002].) Appeal 2007-3342 Application 09/795,670 2 Claim 6 is illustrative of the claimed invention, and it reads as follows: 6. A method for item processing of commercial paper comprising the steps of: collecting a transaction data record representative of a commercial transaction item; transforming said transaction data record into a unified data record representative of a commercial transaction item, said unified data record including an image portion and an alphanumeric portion; storing said unified data record in a memory to form a data store having a plurality of unified data records; interrogating said data store to determine a state indicator for each of said plurality of unified data records wherein said state indicator is selected from the group including a free state wherein said unified data record includes said image portion but not said alphanumeric portion, a missing state wherein said unified data record includes said alphanumeric portion but not said image portion, and a complete state wherein said unified data record includes said image portion and said alphanumeric portion; generating a probable match recommendation between an unmatched item and a free item in said data store based on said state indicators; arranging said plurality of unified data records into a structured hierarchy in accordance to a set of user-defined business rules; and reconciling said plurality of unified data records in said structured hierarchy. The prior art references of record relied upon by the Examiner in rejecting the appealed claims are: Stolfo US 5,668,897 Sep. 16, 1997 Jamali US 6,243,502 B1 Jun. 05, 2001 Appeal 2007-3342 Application 09/795,670 3 Claims 1 through 20 stand rejected under 35 U.S.C. § 103 as being unpatentable over Stolfo in view of Jamali. We refer to the Examiner's Answer (mailed November 27, 2006) and to Appellants' Brief (filed October 24, 2005) and Reply Brief (filed January 29, 2007) for the respective arguments. SUMMARY OF DECISION As a consequence of our review, we will reverse the obviousness rejection of claims 1 through 20. OPINION For claim 1, Appellants contend (Br. 12) that Stolfo fails to teach or suggest a transformation algorithm for transforming a transaction data record into a unified data record which represents a commercial transaction item, with the unified data record including an image portion and an alphanumeric portion. In addition, Appellants contend (Br. 13) that Stolfo fails to disclose a verification algorithm for verifying the alphanumeric portion against the image portion of the unified data record. The Examiner (Ans. 4-5) states that "Examiner interprets that the Rotational algorithms [of Stolfo disclosed at column 30, lines 23-25 and 31-35] consists of data collection algorithm, transformation algorithm, transmission algoirthm and verification algorithm." Further, the Examiner specifies (Ans. 5) that Stolfo teaches the claimed transformation algorithm by disclosing that the image is normalized to a frontal orientation. The first issue, therefore, is whether Stolfo discloses the claimed transformation and verification algorithms recited in claim 1. Appeal 2007-3342 Application 09/795,670 4 Stolfo discloses (col. 30, ll. 17-25) that a detailed representation of an individual can be generated by using rotational algorithms to normalize the image to a frontal limitation. Claim 1, on the other hand, recites that a transformation algorithm transforms "said transaction data record into a unified data record representative of a commercial transaction item," and a verification algorithm has an interface for "visually reviewing said image portion of said unified data record." Thus, the claim requires transformation of a data record representing a commercial transaction, whereas Stolfo discloses transforming an image of an individual. Consequently, we find that the portion of Stolfo relied upon by the Examiner fails to teach or suggest the transformation algorithm recited in claim 1, and we find no disclosure elsewhere in Stolfo of the claimed transformation algorithm. Also, since Stolfo fails to disclose transforming a transaction data record into a unified data record, Stolfo further fails to disclose a verification algorithm for verifying the alphanumeric portion of the unified data record against the image portion. Appellants further contend (Br. 13-14) that Stolfo fails to disclose the claimed configuration module "interfaced between the image capture module and the data collection mechanism." In addition, Appellants contend (Br. 14) that Stolfo fails to disclose the claimed specifics of the configuration module, i.e., a definitional algorithm which defines an environment, a transformation format between the environment and the unified data record, and a routing algorithm defining a routing path of the unified data record through the system. The Examiner asserts (Ans. 5-6) that Stolfo's determining the background code, deleting the background from the check, and storing only the written information satisfy the claimed Appeal 2007-3342 Application 09/795,670 5 configuration module including a definitional algorithm. Further, the Examiner asserts (Ans. 6) that the claimed transformation format and routing algorithm are disclosed by Stolfo's delivery of the check to the depositor's bank for verification and processing. The issue, therefore, is whether Stolfo discloses a configuration module interfaced between the image capture module and the data collection mechanism and having a definitional algorithm to define an environment for the data collection mechanism, a transformation format between the environment and the unified data record, and a routing algorithm defining a routing path of the unified data record through the system. Assuming, arguendo, that the background of the check constitutes the claimed environment, it is unclear to us how deleting the background of the check satisfies defining an environment for the data collection mechanism. Further, it is unclear how delivering a check to the depositor's bank satisfies the claimed transformation format between the background of the check (the environment) and the unified data record (which we found lacking, supra, from Stolfo). Also, delivering a check to the depositor's bank at best defines a routing path of the commercial transaction item, but not of the unified data record. Accordingly, Stolfo fails to disclose the claimed configuration module including a definitional algorithm, transformation format, and routing algorithm. Appellants contend (Br. 15-16) that Stolfo fails to disclose the claimed compiling algorithm for arranging the unified data records into a structured hierarchy according to a set of user-defined business rules. Appellants further contend (Br. 16-17) that Stolfo fails to disclose the claimed reconciliation algorithm for reconciling the unified data records and Appeal 2007-3342 Application 09/795,670 6 (Br. 18-20) that Stolfo fails to disclose the claimed probable match resolution algorithm. The Examiner asserts (Ans. 6) that Stolfo teaches the claimed compiling algorithm "as the rule-based system will follow the production system model consisting of a set of rules and a database of facts." Also, the Examiner asserts (Ans. 6) that Stolfo's processor analyzing a part of the image and determining whether it is part of the foreground or the background constitutes the claimed reconciliation algorithm. The Examiner asserts (Ans. 6-7) that Stolfo discloses the claimed probable match resolution algorithm, but not comparing the alphanumeric portion separately. The Examiner relies upon Jamali as teaching comparing the image portion and the alphanumeric portion separately. The issues are whether Stolfo teaches compiling, reconciliation, and probable match algorithms, as recited in claim 1, and whether Jamali remedies any deficiency in Stolfo regarding the probable match resolution algorithm. As to the compiling algorithm, since Stolfo fails to disclose creating unified data records, Stolfo likewise fails to disclose arranging the unified data records into a structured hierarchy according to user-defined business rules. In addition, the rules in Stolfo referenced by the Examiner (i.e., col. 22, ll. 29-32 and 35-37) are for determining if any conflicts exist such as extra or missing data. Stolfo's rules are not user-defined business rules for forming a structured hierarchy of data records. Further, since Stolfo fails to disclose unified data records, Stolfo fails to disclose a reconciliation algorithm for reconciling unified data records. As to the probable match algorithm, the portion of Stolfo relied upon by the Examiner (col. 16, ll. 34- 54), refers to checking a database for the code of the check's background and, upon failing to find a match, creating a new code and adding the Appeal 2007-3342 Application 09/795,670 7 background to the database. Claim 1, on the other hand, recites recommending a probable match. Thus, Stolfo fails to disclose the claimed algorithms of the item balancing module. We note that Jamali fails to cure the deficiencies of Stolfo. Accordingly, we cannot sustain the obviousness rejection of claim 1 or its dependents, claims 2 through 5, 19, and 20. Regarding independent claim 6, Appellants contend (Br. 24-29) that Stolfo fails to disclose the claimed steps of transforming the transaction data record into a unified data record, generating a probable match recommendation, arranging the unified data records into a structured hierarchy according to user-defined business rules, and reconciling the unified data records. As we have addressed each of these limitations with regard to the corresponding algorithms recited in claim 1 and have found each lacking from Stolfo and Jamali, we cannot sustain the obviousness rejection of 6 and its dependents, claims 7 through 10. For claim independent claim 11, Appellants contend (Br. 33-38) that Stolfo fails to disclose a record creation module for converting a transaction data record into plural unified data records, first unified data records comprising at least one image portion, second unified data records comprising at least one alphanumeric portion, a balancing module for reconciling the image portion and the alphanumeric portion of the unified records according to user-defined rules, or a probable match module for generating a highest probability match between the first and second set of unified data records. We found supra that the combination of Stolfo and Jamali lacks a conversion of a transaction data record into a unified data record. Similarly, we found no disclosure of reconciling the image and alphanumeric portions of unified data records. Likewise, we found no Appeal 2007-3342 Application 09/795,670 8 recommendation of a probable match, and, therefore, find no probable match module for generating a highest probability match. Consequently, we cannot sustain the obviousness rejection of claim 11 or its dependents, claims 12 through 18. ORDER The decision of the Examiner rejecting claims 1 through 20 under 35 U.S.C. § 103 is reversed. REVERSED KIS HARNESS, DICKEY & PIERCE, P.L.C. P. O. BOX 828 BLOOMFIELD HILLS, MI 48303 Copy with citationCopy as parenthetical citation