Ex Parte JonasDownload PDFPatent Trial and Appeal BoardApr 16, 201311221622 (P.T.A.B. Apr. 16, 2013) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 11/221,622 09/08/2005 Jeffrey James Jonas SVL920050501US3 6674 45729 7590 04/17/2013 GATES & COOPER LLP - IBM 6701 CENTER DRIVE WEST SUITE 1050 LOS ANGELES, CA 90045 EXAMINER BROWN, SHEREE N ART UNIT PAPER NUMBER 2163 MAIL DATE DELIVERY MODE 04/17/2013 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte JEFFREY JAMES JONAS ____________ Appeal 2010-010314 Application 11/221,622 Technology Center 2100 ____________ Before JOSEPH F. RUGGIERO, MARC S. HOFF, and JEFFREY S. SMITH, Administrative Patent Judges. RUGGIERO, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant appeals under 35 U.S.C. § 134(a) from the Final Rejection of claims 1-19, 21-65, and 67-116, which are all of the pending claims. Claims 20 and 66 have been canceled. We have jurisdiction under 35 U.S.C. § 6(b). We reverse. Appeal 2010-010314 Application 11/221,622 2 Rather than reiterate the arguments of Appellant and the Examiner, reference is made to the Appeal Brief (filed Feb. 3, 2010), the Answer (mailed Apr. 15, 2010), and the Reply Brief (filed June 15, 2010). Appellant’s Invention Appellant’s invention relates to the processing and retrieving of data, the querying of data, and the analyzing of data in a data warehouse. Received data is enhanced prior to storage by accessing one or more databases to search for additional information which can supplement the received data. See generally Abstract; Spec. ¶ [0033]. Claim 1 is illustrative of the invention and reads as follows: 1. A computer-implemented method for processing data in a computer, comprising: (a) receiving, in the computer, data comprising at least one record having at least one identifier, each record representing at least one of a plurality of entities; (b) performing, in the computer, an algorithm to process the received data, including enhancing the received data by querying one or more data sets or lists for additional identifiers to supplement the received data, comprising: retrieving, from a database stored on the computer, a group of additional records having identifiers similar to the identifiers in the received data; analyzing each identifier of the retrieved group of records for a match to at least a portion of the received data; matching at least a portion of the received data with at least one analyzed record of the retrieved group of records that is determined to reflect a record having identifiers representing an identical one of the plurality of entities; analyzing whether at least one identifier is included in the at least a portion of the received data that was not previously stored in Appeal 2010-010314 Application 11/221,622 3 the at least one analyzed record of the retrieved group of records that is determined to reflect a record having identifiers representing an identical one of the plurality of entities; re-analyzing each identifier of the retrieved group of records for a match to: at least a portion of the received data; and the analyzed record of the retrieved group of records that is determined to reflect a record having identifiers representing an identical one of the plurality of entities; and storing the matched records as the processed data in the database; (c) receiving, in the computer, data queries for retrieving at least a portion of the data stored in the database; and (d) performing, in the computer, the algorithm to process the queries and retrieve at least a portion of the data stored in the database for presentation to a user. The Examiner’s Rejections The Examiner relies on the following prior art references to show unpatentability: Reiner US 6,289,334 Sep. 11, 2001 Skeen US 6,931,392 B1 Aug. 16, 2005 (filed Dec. 7, 1998) Claims 1-8, 10-14, 16-19, 21-54, 56-60, 62-65, and 67-116 stand rejected under 35 U.S.C. § 102(e) as being anticipated by Skeen.1,2 Claims 9, 15, 55, and 61 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Skeen in view of Reiner. 1 The Examiner has withdrawn the 35 U.S.C. § 112, second paragraph, rejection of claims 33, 34, 79, and 80 (Ans. 2). 2 The Examiner has inadvertently included canceled claim 66 in the list of claims subject to this rejection. Appeal 2010-010314 Application 11/221,622 4 ANALYSIS 35 U.S.C. § 102(e) REJECTION With respect to the anticipation rejection of independent claims 1, 47, 93, and 105, we agree with Appellant’s contention (App. Br. 12-15; Reply Br. 2-11) that the relied upon portions of Skeen do not disclose each and every element of the claims in the manner specifically recited. We find that the Examiner, in purportedly addressing the language of the claims, has merely repeated the claim language and made references to large portions of Skeen (Ans. 4-5, 14-15). The Examiner, however, has not adequately explained how and in what manner such portions are interpreted as corresponding to the specific claimed elements. We agree with Appellant that the cited portions (e.g., col. 3, ll. 5-25; col. 6, ll. 1-30; col. 9, ll. 12-65) of Skeen merely describe the receiving of queries and the providing of results when data sources satisfy query constraints. Appellant further contends (App. Br. 14-15; Reply Br. 4), and we agree, that, while Skeen discloses the incremental updating of search results as new data is received, no analysis or matching is performed to enhance the received data by querying for additional identifiers to supplement the received data, a feature present in each of the appealed independent claims. In view of the above discussion, we find that the Examiner has relied upon conclusory statements which do not adequately address the specific claimed limitations and are not sufficient to support a rejection based on anticipation. Accordingly, since we find that all of the claim limitations are not present in the disclosure of Skeen, we do not sustain the Examiner’s Appeal 2010-010314 Application 11/221,622 5 35 U.S.C. § 102(e) rejection of independent claims 1, 47, 93, and 105, nor the rejection of claims 2-8, 10-14, 16-19, 21-46, 48-54, 56-60, 62-65, 67-92, 94-104, and 106-116 dependent thereon. 35 U.S.C. § 103(a) REJECTION We also do not sustain the Examiner’s obviousness rejection of dependent claims 9, 15, 55, and 61 in which the Examiner has combined Reiner with Skeen to address the “names root list” and “hash key” creation features of the rejected claims. We find nothing in the disclosure of Reiner which overcomes the innate deficiencies of Skeen discussed supra. CONCLUSION Based on the analysis above, we conclude that Appellants have shown that the Examiner erred in rejecting claims 1-8, 10-14, 16-19, 21-54, 56-60, 62-65, and 67-116 for anticipation under 35 U.S.C. § 102(e), and in rejecting claims 9, 15, 55, and 61 for obviousness under 35 U.S.C. § 103(a). DECISION The Examiner’s decision rejecting claims 1-8, 10-14, 16-19, 21-54, 56-60, 62-65, and 67-116 under 35 U.S.C. § 102(e) and claims 9, 15, 55, and 61 under 35 U.S.C. § 103(a) is reversed. REVERSED babc Copy with citationCopy as parenthetical citation