Ex Parte ThomasDownload PDFBoard of Patent Appeals and InterferencesApr 26, 201211363239 (B.P.A.I. Apr. 26, 2012) 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. 11/363,239 02/28/2006 Susan Marie Thomas 07781.0287-00 5638 60668 7590 04/26/2012 SAP / FINNEGAN, HENDERSON LLP 901 NEW YORK AVENUE, NW WASHINGTON, DC 20001-4413 EXAMINER WU, YICUN ART UNIT PAPER NUMBER 2158 MAIL DATE DELIVERY MODE 04/26/2012 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 BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte SUSAN MARIE THOMAS ____________ Appeal 2010-000198 Application 11/363,2391 Technology Center 2100 ____________ Before LANCE LEONARD BARRY, JEAN R. HOMERE, and JAMES R. HUGHES, Administrative Patent Judges. HUGHES, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE This is an appeal under 35 U.S.C. § 134(a) from the Examiner’s final rejection of claims 1-22, which are all the claims remaining in the application. We have jurisdiction under 35 U.S.C. § 6(b). We affirm. 1 Application filed February 28, 2006. The real party in interest is SAP AG. (App. Br. 3.) Appeal 2010-000198 Application 11/363,239 2 Invention Appellant’s invention relates generally to the field of data transformation. More particularly, the invention on appeal is directed to “systems and methods for schema mapping and the transformation of data.” (Spec. 2, ¶ [001].)2 Representative Claim Independent claim 1, reproduced below with the key disputed limitations emphasized, further illustrates the invention: 1. A computer-implemented method for schema mapping and data transformation, the method comprising the following steps performed by a processor: loading a conceptual model, wherein the conceptual model contains at least one conceptual object; loading a source schema and a source instance; converting the source schema and the source instance into a source model; acquiring from a user, at least one forward mapping usable to map at least a source attribute of the source model to a conceptual attribute of the conceptual model, wherein the forward mapping includes a mapping formula; loading a target schema and a target instance; converting the target schema and the target instance into a target model; and 2 We refer to Appellant’s Specification (“Spec.”), Reply Br. (“Reply Br.”) filed August 28, 2009) and Appeal Brief (“App. Br.”) filed April 23, 2009. We also refer to the Examiner’s Answer (“Ans.”) mailed July 20, 2009. Appeal 2010-000198 Application 11/363,239 3 reverse mapping at least a conceptual attribute of the conceptual model to a target attribute of the target model based on the forward mapping and the mapping formula. Rejection on Appeal The Examiner rejects claims 1-22 under 35 U.S.C. § 103(a) as being unpatentable over Daniel (US Pat. 6,785,689 B1, August 31, 2004) and Tabbara (US Pat. 6,460,043 B1, October 1, 2002). Grouping of Claims Based on Appellant’s arguments in the Briefs, we will decide the appeal on the basis of representative claim 1. See 37 C.F.R. § 41.37(c)(1)(vii). ANALYSIS Claim 1 – Reverse mapping Issue Under § 103, did the Examiner err in finding that the combination of Daniel and Tabbara would have taught or suggested “reverse mapping at least a conceptual attribute of the conceptual model to a target attribute of the target model based on the forward mapping and the mapping formula” (emphasis added), within the meaning of independent claim 1 and the commensurate limitations recited in independent claims 10 and 14? Discussion Appellant contends, inter alia: In the Final Office Action, the Examiner alleges that Tabbara teaches the “conceptual model” and “reverse Appeal 2010-000198 Application 11/363,239 4 mapping,” as recited in claim 1. Final Office Action, p.5. In particular, the Examiner alleges the conceptual schema of Tabbara constitutes the claimed “conceptual model,” and Fig 5a of Tabbara teaches the claimed “reverse mapping.” Id. The Examiner’s allegations are incorrect for at least the following reasons. (App. Br. 12.) The Examiner’s prima facie case asserts inter alia: Tabbara is not silent with respect to whether the mapping procedures are reversible. Tabbara clearly teaches mapping from conceptual schema physical schema (fig. 4a step 67-69) and mapping of physical data to conceptual rowsets (fig. 5a), which is considered as schema by the examiner. Tabbara col. 42, lines 29-34 “The CCO 284 includes a reasoning engine that provides for the translation from a CQL to physical DML query(s) and also translates back the resulting physical rowset(s) to a conceptual rowset(s)”, col. 9, lines 55- lines 63 also shows this limitation. (Ans. 8.) We agree with and adopt the Examiner’s findings with respect to the limitation at issue. (Ans. 4.) In particular, we are in agreement with the Examiner that Tabbara teaches or suggests “reverse mapping.” As noted by the Examiner (Ans. 8), Tabbara discloses translation (mapping) from the CQL to physical queries and from the resulting physical rowsets to conceptual rowsets. (Tabbara, col. 42, ll. 29-34.) Therefore, it is our view that Tabbara teaches or suggests both forward mapping (CQL to physical) and reverse mapping (physical to conceptual) based on the described mapping (translation). Accordingly, we agree with the Examiner’s reliance on Tabbara to teach or suggest that “a conceptual model” and “reverse mapping” were known in the art at the time of the invention. Thus, the combined teachings of Daniel (teaching or suggesting) mapping from source to target – see Ans. 4 and Daniel, Figs. 2a- Appeal 2010-000198 Application 11/363,239 5 b – and Tabbara (discussed supra) would have taught or suggested the limitation at issue. Appellant further contends that Tabbarra does not suggest “reverse mapping at least a conceptual attribute … based on the forward mapping and the [same] mapping formula.” (Reply Br. 2 (emphasis in original).) Appellant argues that because Tabbara discloses two methods of mapping, the reverse mapping cannot be based on the same mapping formula as the forward mapping. (Id.) Additionally, Appellant argues that Tabbara does not teach “forward mapping . . . to map . . . to a conceptual attribute of the conceptual model.” (Reply Br. 3 (emphasis in original).) We note that Appellant presents these arguments for the first time in their Reply Brief. (Reply Br. 2-3.) We deem these arguments to be waived. Appellant has not explained why, nor is it apparent that, these arguments were necessitated by a new point in the Answer or any other circumstance constituting “good cause” for their belated presentation.3 Based on this record, we conclude that the Examiner did not err in rejecting representative claim 1. Accordingly, we sustain the Examiner’s rejection of claim 1 and claims 2-22 which fall therewith. 3 See Ex parte Borden, 93 USPQ2d 1473, 1474 (BPAI 2010) (“informative”) (absent a showing of good cause, the Board is not required to address arguments in the Reply Brief that could have been presented in the principal Brief – “the reply brief [is not] an opportunity to make arguments that could have been made in the principal brief on appeal to rebut the Examiner’s rejections, but were not.”). Appeal 2010-000198 Application 11/363,239 6 Motivation/Teaching Away Issue Under §103, did the Examiner err in combining Daniel and Tabbara because the cited combination teaches away from claim 1? Discussion Appellant contends that the Examiner’s proposed combination teaches away from Appellant’s claim 1. (App. Br. 13.) More specifically, Appellant contends that in Tabbara, the conceptual schema is only mapped to a physical schema in a single direction and, therefore, teaches away from claim 1 which requires performed mapping in both and reverse directions. (App. Br. 13-14.) We do not find Appellant’s arguments to be persuasive. It is our view that the Examiner relied on Tabbara to teach or suggest “reverse mapping” at the time of Appellant’s invention. (Ans. 3-4.) We agree with the Examiner’s determination that Tabbara discloses mapping from conceptual to physical and physical to conceptual (reverse). (Ans. 8.) Tabbara does not criticize or discourage “reverse mapping” as claimed.4 Based on this record, 4 “A reference may be said to teach away when a person of ordinary skill, upon reading the reference, would be discouraged from following the path set out in the reference, or would be led in a direction divergent from the path that was taken by the applicant.” In re Kahn, 441 F.3d 977, 990 (Fed. Cir. 2006) (quoting In re Gurley, 27 F.3d 551, 553 (Fed.Cir.1994). See also In re Fulton, 391 F.3d 1195, 1201 (Fed. Cir. 2004) (noting that merely disclosing more than one alternative does not teach away from any of these alternatives if the disclosure does not criticize, discredit, or otherwise discourage the alternatives). Appeal 2010-000198 Application 11/363,239 7 we conclude that the Examiner’s cited combination of references do not teach away from claim 1. Based on our analysis (supra), we conclude that the Examiner did not err in rejecting claims 1-22. Accordingly we sustain the Examiner’s obviousness rejection of claims 1-22. CONCLUSION OF LAW Appellant has not shown that the Examiner erred in rejecting claims 1-22 under 35 U.S.C. § 103(a). DECISION We affirm the Examiner’s rejection of claims 1-22 under 35 U.S.C. § 103(a). 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 peb Copy with citationCopy as parenthetical citation