Ex Parte Sompolski et alDownload PDFPatent Trial and Appeal BoardMay 24, 201813562135 (P.T.A.B. May. 24, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/562, 135 07/30/2012 26379 7590 05/29/2018 DLA PIPER LLP (US ) 2000 UNIVERSITY A VENUE EAST PALO ALTO, CA 94303-2248 FIRST NAMED INVENTOR Juliusz Sompolski 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 ATTORNEY DOCKET NO. CONFIRMATION NO. 361427-991141 5430 EXAMINER MUELLER, KURT A ART UNIT PAPER NUMBER 2157 NOTIFICATION DATE DELIVERY MODE 05/29/2018 ELECTRONIC 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. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): PatentDocketing US-PaloAlto@dlapiper.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte JULIUSZ SOMPOLSKI, MARCIN ZUKOWSKI, and PETERBONCZ Appeal2017-009035 Application 13/562,135 Technology Center 2100 Before CARLA M. KRIVAK, CARL W. WHITEHEAD JR, and AARON W. MOORE, Administrative Patent Judges. KRIVAK, Administrative Patent Judge. DECISION ON APPEAL Appellants appeal under 35 U.S.C. § 134(a) from the Examiner's Non-Final Rejection of claims 1-14, which constitute all the claims pending in this application. We have jurisdiction under 35 U.S.C. § 6(b ). We affirm. Appeal2017-009035 Application 13/562, 135 STATEMENT OF THE CASE Appellants' invention is directed to "a system and method for resolving memory access pattern problems in hash table probing" (Spec. 1:9--10). Independent claim 1, reproduced below, is exemplary of the subject matter on appeal. 1. An apparatus for hash table lookups in a block oriented processing system, the apparatus comprising: a database executed by a processor that performs block oriented processing; the database having a database engine that just in time compiles one or more compound operations on the same tuple of data in the database into one or more compound functions that are used to perform efficient hash table lookups in the block oriented processing system. REFERENCES and REJECTION The Examiner rejected claims 1-14 under pre-AIA 35 U.S.C. § 103(a) based upon the teachings of Juliusz Sompolski (Just-in-time Compilation in Vectorized Query Execution, August 2011) (hereinafter "Sompolski") and Marcin Zukowski ("Balancing Vectorized Query Execution with Bandwidth-Optimized Storage," Ph.D. Thesis, Universiteit van Amsterdam) (September 2009) (hereinafter "Zukowski"). ANALYSIS Appellants contend neither Sompolski nor Zukowski teach or suggest the claim limitation 'just in time compiles one or more compound operations on the same tuple of data in the database into one or more compound 2 Appeal2017-009035 Application 13/562, 135 functions that are used to perform efficient hash table lookups in the block oriented processing system" (Br. 5, emphasis omitted). The Examiner made specific findings in the second non-final rejection (Non-Final Act. 6-9). Appellants, in their Brief, merely provided conclusory attorney arguments and recited the claim language without addressing the Examiner's findings (see Br. 5-7). Appellants have also not responded, in a Reply Brief, to the Examiner's additional reasonable findings in the Answer (Ans. 5). On this record, we find a preponderance of the evidence supports the Examiner's underlying factual findings and ultimate legal conclusion of obviousness, which Appellants have not rebutted. Therefore we sustain the Examiner's rejection of independent claims 1 and 8 and dependent claims 2- 13 and 15-17. DECISION The Examiner's decision rejecting claims 1-14 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)(l )(iv). AFFIRMED 3 Copy with citationCopy as parenthetical citation