Ex Parte Sanjar et alDownload PDFPatent Trial and Appeal BoardJul 30, 201311109069 (P.T.A.B. Jul. 30, 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. 11/109,069 04/19/2005 Amir Farrokh Sanjar AUS920040974US1 9297 45993 7590 07/31/2013 IBM CORPORATION (RHF) C/O ROBERT H. FRANTZ P. O. BOX 23324 OKLAHOMA CITY, OK 73123 EXAMINER YIGDALL, MICHAEL J ART UNIT PAPER NUMBER 3992 MAIL DATE DELIVERY MODE 07/31/2013 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 AMIR FAROKH SANJOR, NESBITT ULLMANN, and PAUL STUART WILLAIMSON ____________ Appeal 2010-009272 Application 11/109,069 1 Technology Center 2100 ____________ Before JEAN R. HOMERE, MARC S. HOFF, and LYNNE E. PETTIGREW, Administrative Patent Judges. HOFF, Administrative Patent Judge. DECISION ON APPEAL Appellant(s) appeal under 35 U.S.C. § 134(a) from a final rejection of claims 8, 22, and 23. 2 We have jurisdiction under 35 U.S.C. § 6(b). We affirm. 1 The real party in interest is International Business Machines Corporation. 2 Claims 1-7 and 9-21 have been cancelled. Appeal 2010-009272 Application 11/109,069 2 STATEMENT OF THE CASE Appellants’ invention is a system for configuring interfaces between system solution components and component behaviors. Each connection or interface between system components that is defined by a user results in the display of a prompt to select a basic, automatic, or advanced mode of defining interface parameters and component configuration options (Abstract). Independent claim 8, reproduced below, is representative of the subject matter on appeal. 8. A computer-implemented method for configuring interfaces between system solution components and component behaviors comprising: defining under user control of a system solution design tool portion of a computing platform one or more instances of system solution components in a computer readable memory, and defining in a computer readable memory one or more interfaces between two or more of said instances of system solution components; responsive to said user’s definition of an interface, prompting said user on a display of a computing platform by offering at three or more Deployment Descriptor definition methods relating to levels of expertise of said user regarding configuration and deployment of said two or more system solution components for which an interface has been defined, at least one of said levels of expertise comprising a low expertise option which is keyed to a pre-defined configurable Deployment Descriptor file for which said subsequent prompts are restricted to basic configuration options, at least one of said levels comprising a no-expertise option which is keyed to a pre- defined configurable Deployment Descriptor file in which pre-defined configuration parameters relate to a most common configuration of said system solution components between which an interface has been defined by said user, and at least one of said levels comprising a high expertise option which is keyed to a pre-defined configurable Deployment Descriptor file for which said subsequent prompts allow a high degree of configurability and definition of said components; receiving by a computing platform one or more choice inputs from said user responsive to said offering and one or more subsequent prompts; Appeal 2010-009272 Application 11/109,069 3 responsive to said receipt of inputs, loading by a computing platform three or more pre-defined configurable Deployment Descriptor files from computer readable memory, each of which being associated with one of said offered expertise levels, at least one of said loaded files comprising a partially configured extensible markup language file associated with said low expertise level, a partially configured extensible markup language file associated with said no-expertise level, and a highly configurable extensible markup language file associated with said high expertise level; and creating an instance in computer memory of at least one of said configurable Deployment Descriptor files keyed to an expertise level according to said user’s choice input to said first prompt and according to said user inputs responsive to said subsequent prompts by configuring said instance of a configurable Deployment Descriptor, wherein a fully defined Deployment Descriptor file is produced in computer memory. REFERENCES Davis US 6,279,154 B1 Aug. 21, 2001 Gupton US 7,228,541 B2 June 5, 2007 Woollen US 7,428,733 B2 Sept. 23, 2008 REJECTION Claims 8, 22, and 23 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Gupton in view of Davis and Woollen. ISSUES Appellants argue that the combination of references does not show causal and logical links between steps and elements (App. Br. 9). Appellants further contend that Gupton fails to teach the deployment descriptors recited in the claims (App. Br. 11). Appellants assert that Gupton fails to teach a dialog for defining an interface between two modules, said dialog allowing a user three levels of expertise (App. Br. 13). Last, Appellants argue that the Examiner did not resolve the level of ordinary skill in the art (App. Br. 15). Appeal 2010-009272 Application 11/109,069 4 Appellants’ arguments present us with the following issues: 1. Does the combination of Gupton, Davis, and Woollen teach or fairly suggest prompting a user responsive to said user’s definition of an interface? 2. Does the combination of Gupton, Davis, and Woollen teach or fairly suggest a display offering three or more deployment descriptor definition methods relating to levels of expertise of the user regarding configuration and deployment of two or more system solution components for which an interface has been defined? PRINCIPLES OF LAW Section 103(a) forbids issuance of a patent when “the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.” KSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398, 406 (2007). The question of obviousness is resolved on the basis of underlying factual determinations including (1) the scope and content of the prior art, (2) any differences between the claimed subject matter and the prior art, (3) the level of skill in the art, and (4) where in evidence, so-called secondary considerations. Graham v. John Deere Co., 383 U.S. 1, 17-18 (1966). See also KSR, 550 U.S. at 407 (“While the sequence of these questions might be reordered in any particular case, the [Graham] factors continue to define the inquiry that controls”). Appeal 2010-009272 Application 11/109,069 5 ANALYSIS Appellants present a unitary argument with respect to all claims. We select claim 8 as representative of the appealed claims, pursuant to our authority under 37 C.F.R. § 41.37(c)(1)(vii). We are not persuaded by Appellants’ argument that Gupton fails to teach prompting a user responsive to said user’s definition of an interface (App. Br. 10-11). We agree with the Examiner’s finding that Gupton describes a sequence editor that enables a user to define a test application (Ans. 8; Gupton, col. 13, ll. 37-45). We agree with the Examiner’s further finding that, “responsive to” the user’s creation of a test application, Gupton teaches that “a graphical user interface . . . may allow the user to invoke programmatic creation of an application system installer” (Ans. 8; Gupton, col. 14, l. 64 – col. 15, l. 1). Further, we agree with the Examiner that Gupton teaches defining an interface, within the meaning of the claims (Ans. 10). Gupton’s test application comprises a test sequence, and “[s]equences comprise steps that may call external code modules” (col. 13, ll. 22-23). “By using module adapters 240 that have the standard adapter interface 232, the test executive engine 220 can load and execute different types of code modules” (col. 13, ll. 23-27). Gupton thus teaches that an interface is established between, e.g., a test sequence and a code module. We do not agree with Appellants that Gupton fails to teach the claimed deployment descriptors (App. Br. 11). Rather, we agree with the Examiner that the deployment information of Gupton as opposed to the installer per se, corresponds to the claimed deployment descriptors (Ans. 9). The Examiner finds, and we agree, that Gupton’s “deployables . . . include deployment information . . . such as dependencies, platform, or other Appeal 2010-009272 Application 11/109,069 6 information useful for a deployer to deploy the deployable” (Ans. 9; Gupton, col. 19, ll. 2-6). We agree with the Examiner’s finding that Gupton’s teaching of three installation types corresponds to the claimed “levels of expertise of said user regarding configuration and deployment of said two or more system solution components for which an interface has been defined” (Ans. 11-12). We further agree with the Examiner’s finding that Gupton’s “complete,” “typical,” and “custom” installer options may fairly be read to correspond to low, no, and high expertise options, respectively, as the claims recite (Ans. 12). We do not agree with Appellants that reference to the sequence editor being used to define module interfaces is unrelated to the installer’s file list (Reply Br. 2). Gupton teaches that the test executive software illustrated in Figure 4 includes a sequence editor for creating and editing test executive sequences (col. 13, l. 54 – col. 14, l. 21). Once the user has developed the test executive application (i.e., responsive to such development), an interface allows the user to invoke programmatic creation of an application system installer, e.g., for deploying the test executive application to a target system (col. 14, l. 64 – col. 15, l. 2). Last, Appellants’ argument that the Examiner did not resolve the level of ordinary skill in the art (App. Br. 15-16) does not persuade us that the Examiner erred. Appellants’ reliance on KSR here is misplaced. KSR states that analysis of “interrelated teachings of multiple patents . . . effects of demands known to the design community or present in the marketplace . . . [or] background knowledge possessed by a person having ordinary skill in the art” should be “made explicit” to “facilitate review.” KSR, 550 U.S. at Appeal 2010-009272 Application 11/109,069 7 418. KSR does not, however, mandate that the Examiner must go beyond his statement that the level or ordinary skill in the pertinent art is “inferred from the teachings of the references” (Ans. 13). We are therefore satisfied that the Examiner’s statement is sufficient to justify for the proposed combination of references. We conclude that the Examiner did not err in rejecting claims 8, 22, and 23 as being obvious over Gupton in view of Davis and Woollen. We will sustain the § 103 rejection. CONCLUSIONS 1. The combination of Gupton, Davis, and Woollen teaches prompting a user responsive to said user’s definition of an interface. 2. The combination of Gupton, Davis, and Woollen fairly suggests a display offering three or more deployment descriptor definition methods relating to levels of expertise of the user regarding configuration and deployment of two or more system solution components for which an interface has been defined. DECISION The Examiner’s decision rejecting claims 8, 22, and 23 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)(1)(iv). AFFIRMED kis Copy with citationCopy as parenthetical citation