Ex Parte Gilbert et alDownload PDFPatent Trial and Appeal BoardJan 12, 201511451023 (P.T.A.B. Jan. 12, 2015) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte ALLEN M. GILBERT, DAVID L. KAMINSKY, and A. STEVEN KRANTZ ____________________ Appeal 2012-0079561 Application 11/451,0232 Technology Center 3600 ____________________ Before JOSEPH A. FISCHETTI, NINA L. MEDLOCK, and TARA L. HUTCHINGS, Administrative Patent Judges. HUTCHINGS, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellants seek our review under 35 U.S.C. § 134 from the Examiner’s final rejection of claims 1, 7, 13, and 21–37. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. 1 Our decision references Appellants’ Appeal Brief (“App. Br.,” filed Jan. 27, 2012) and Reply Brief (“Reply Br.,” filed Apr. 24, 2012), and the Examiner’s Answer (“Ans.,” mailed Feb. 29, 2012). 2 Appellants identify the real party in interest as International Business Machines Corporation. App. Br. 2. Appeal 2012-007956 Application 11/451,023 2 CLAIMED INVENTION Appellants’ claimed invention pertains to managing resources in a data processing system using rules. Spec. ¶ 1. Claim 1, reproduced below with added bracketed notations, is illustrative of the subject matter on appeal: 1. A computer implemented method of managing resources in a data processing system, the computer implemented method comprising: [(a)] a processor unit, in response to detecting a rule change, transmitting a new rule to a rule control logic in a resource management database, wherein the resource management database is a Configuration Management Database (CMDB), wherein the rule change changes a rule for an attribute of a resource in a data processing system, and wherein the resource management database describes attributes of resources in the data processing system; [(b)] the processor unit transmitting the new rule from the rule control logic to a resource manager, wherein the new rule instructs the resource manager to implement the new rule in a resource in the data processing system; [(c)] the processor unit transmitting a watch message from the rule control logic to a Configuration Item (CI) in a CMDB, wherein the CI contains a shadow copy of attribute configurations for resources managed by the CMDB, and wherein the watch message instructs the CI to watch for a certification entry from the resource manager, and wherein the certification entry identifies the resource as being in compliance with the new rule; [(d)] the processor unit transmitting a certification message from the CI to a certification control in the CMDB, wherein the certification message indicates whether the resource is in compliance with the new rule; and [(e)] the processor unit transmitting a compliance summary from the certification control to an enterprise Information Systems (IS) manager, wherein the compliance summary describes a compliance status for multiple resources Appeal 2012-007956 Application 11/451,023 3 in the data processing system, and wherein the compliance status describes whether a resource has or has not implemented the new rule. REFERENCES The prior art relied upon by the Examiner in rejecting the claims on appeal is: Baron Lubrecht Chaddha US 2006/0004875 A1 US 2006/0161879 A1 US 2006/0293942 A1 Jan. 5, 2006 July 20, 2006 Dec. 28, 2006 REJECTIONS The Examiner made the following rejections: Claims 1, 7, 13, 21–26, and 33–37 stand rejected under 35 U.S.C §103(a) as being unpatentable over Lubrecht and Chaddha. Claims 27–32 stand rejected under 35 U.S.C §103(a) as being unpatentable over Lubrecht, Chaddha, and Baron. Claims 1, 7, 13, and 21–37 stand provisionally rejected on the ground of nonstatutory obviousnessness-type double patenting over claims 1–20 of copending Application No. 11/451,073. ANALYSIS Double Patenting We summarily sustain the provisional obviousness-type double patenting rejection, because Appellants present no arguments contesting the rejection. See Manual of Patent Examining Procedure § 1205.02 (“If a ground of rejection stated by the examiner is not addressed in the appellant’s brief, that ground of rejection will be summarily sustained by the Board.”) Appeal 2012-007956 Application 11/451,023 4 Independent claims 1, 7, and 13, and dependent claims 21–26 and 33–37 We are persuaded by Appellants’ argument that Chaddha fails to disclose the claim limitation “transmitting a watch message from the rule control logic to a Configuration Item (CI) in a CMDB . . . wherein the watch message instructs the CI to watch for a certification entry from the resource manager, and wherein the certification entry identifies the resource as being in compliance with the new rule,” as recited by paragraph (c) of claim 1 and similarly recited in independent claims 7 and 13. App. Br. 7; Reply Br. 2. The Examiner directs our attention to Figure 12 of Chaddha as disclosing this feature. Ans. 7. But Figure 12 discloses monitoring a service level agreement for compliance and generating an exception report at each billing interval for non-compliant assets. Chaddha ¶ 69. The Examiner explains that Chaddha must be programmed with instructions that provide guidance regarding what to monitor, and ostensibly takes the position that a last set of programmed instructions reads on the claimed watch message. Ans. 13. We agree with Appellants that none of these citations nor the Examiner’s explanation teaches “transmitting a watch message from the rule control logic to a Configuration Item (CI) in a CMDB . . . wherein the watch message instructs the CI to watch for a certification entry from the resource manager, and wherein the certification entry identifies the resource as being in compliance with the new rule,” as recited in claim 1 and similarly recited in independent claims 7 and 13. App. Br. 7; Reply Br. 2. Thus, we do not sustain the rejection of independent claims 1, 7, and 13 under 35 U.S.C. § 103(a). For the same reasons, we also do not sustain the rejection of dependent claims 21–26 and 33–37, each of which depends from one of independent claims 1, 7, and 13. Appeal 2012-007956 Application 11/451,023 5 Dependent claims 27–32 Claims 27–32 ultimately depend from independent claims 1, 7, and 13, respectively. The Examiner does not establish on this record that Baron cures the deficiency of Chaddha described above with respect to claims 1, 7, and 13. Ans. 11 and 17. Therefore, we do not sustain the Examiner’s rejection of claims 27–32 under 35 U.S.C. § 103(a) for the same reasons set forth above with respect to the independent claims. DECISION The Examiner’s rejections of claims 1, 7, 13, and 21–37 under 35 U.S.C. § 103(a) are reversed. The Examiner’s provisional rejection of claims 1, 7, 13, and 21–37 on the ground of nonstatutory obviousness-type double patenting is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). AFFIRMED Klh Copy with citationCopy as parenthetical citation