Ex Parte Sompolski et al

Patent Trial and Appeal Board

May 24, 2018

13562135 (P.T.A.B. May. 24, 2018)

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
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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
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