INTERNATIONAL BUSINESS MACHINES CORPORATIONDownload PDFPatent Trials and Appeals BoardAug 2, 20212020003402 (P.T.A.B. Aug. 2, 2021) 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. 14/279,617 05/16/2014 Qi He ARC920130135US1 1086 48915 7590 08/02/2021 CANTOR COLBURN LLP-IBM YORKTOWN 20 Church Street 22nd Floor Hartford, CT 06103 EXAMINER SMITH, BRIAN M ART UNIT PAPER NUMBER 2122 NOTIFICATION DATE DELIVERY MODE 08/02/2021 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): usptopatentmail@cantorcolburn.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte QI HE, MING JI, and W. SCOTT SPANGLER Appeal 2020-003402 Application 14/279,617 Technology Center 2100 Before ALLEN R. MacDONALD, IRVIN E. BRANCH, and PHILLIP A. BENNETT, Administrative Patent Judges. BENNETT, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1, 4–11, and 14–18. We have jurisdiction under 35 U.S.C. § 6(b). We affirm. 1 “Appellant” refers to “applicant” as defined in 37 C.F.R. § 1.42(a). Appellant identifies the real party in interest as International Business Machines Corporation. Appeal Br. 1. Appeal 2020-003402 Application 14/279,617 2 CLAIMED SUBJECT MATTER The claims are directed to discovering entity relationships. Claim 1, reproduced below, is illustrative of the claimed subject matter: 1. A computer-implemented method for discovering entity relationships comprising: receiving data associated with a co-occurrence graph among heterogeneous entities, said co-occurrence graph comprising a plurality of nodes, each node representing an entity in said heterogeneous entities, wherein any two nodes in said co- occurrence graph are connected by an edge when they co-occur in a knowledge base, with a weight of said edge being equal to the number of times entities associated with said two nodes co- occur in said knowledge base, said data associated with said co- occurrence graph is built from a plurality of the following: US Food and Drug Administration approved drugs, diseases extracted from human disease ontology, chemical compounds with drug indications from a first database, terms in a tree used as a metadata to index documents in a second database, and targets made up of four sub-types: tissue, cell-line, protein, and organism; receiving a query comprising a query entity name and a target entity type, the query entity name comprising a disease name and the target entity type comprising a "Drug"; receiving a plurality of meta paths to constrain co- occurrence scope of any two heterogeneous entities in said co- occurrence graph, the received meta paths specifying a complete path from a source to a destination in the co-occurrence graph, each meta path m of length l in the plurality of meta paths given by: , where, for K types of predefined entities E1, ..., EK, xy [1, K], y [1, l], and where defines a composite correlation between two entity types ; Appeal 2020-003402 Application 14/279,617 3 generating a subgraph of said co-occurrence graph with path instances of said received meta paths; identifying a plurality of entities from said subgraph as newly discovered entity relationships; and outputting entities from said subgraph as newly discovered entity relationships, the output entities belonging to said target entity type and having relevance with said query entity name based on a probabilistic context-aware relevance model, where said relevance is constrained by said received meta paths. Appeal Br. 13 (Claims Appendix). REFERENCES2 The prior art relied upon by the Examiner is: Name Reference Date Busa US 2002/0004792 A1 Jan. 10, 2002 Chen et al., Assessing Drug Target Association Using Semantic Linked Data, PLOS COMPUTATIONAL BIO 8(7): e1002574. doi:10.1371 (July 5, 2012) Shi et al., Relevance Search in Heterogeneous Networks, EDBT 2012, (March 26–30, 2012) Orphanet, the Portal for rare diseases and orphan drugs, http://orpha.net/consor/cgi-bin/index.php, archived at web.archive.org on (Feb. 12, 2014) Gramatica et al., Graph Theory Enables Drug Repurposing - How a Mathematical Model Can Drive the Discovery of Hidden Mechanisms of Action, PLOS ONE 9(1): e84912. doi:10.1371 (January 9, 2014) REJECTIONS Claims 1, 5, 6, and 9 stand rejected under 35 U.S.C. § 103 as being unpatentable over Gramatica, Shi, and Orphanet. Final Act. 3–9. 2 Citations to the references are to the first named inventor/author only. Appeal 2020-003402 Application 14/279,617 4 Claim 4 stands rejected under 35 U.S.C. § 103 as being unpatentable over Gramatica, Shi, Orphanet, and Chen. Final Act. 9–10. Claims 7 and 8 stand rejected under 35 U.S.C. § 103 as being unpatentable over Gramatica, Shi, Orphanet, and Busa. Final Act. 10–11. Claims 10, 11, 15, and 16 stand rejected under 35 U.S.C. § 103 as being unpatentable over Gramatica and Shi. Final Act. 11–17. Claim 14 stands rejected under 35 U.S.C. § 103 as being unpatentable over Gramatica, Shi, and Chen. Final Act. 17–18. Claims 17 and 18 stand rejected under 35 U.S.C. § 103 as being unpatentable over Gramatica, Shi, and Busa. Final Act. 18–19. ISSUE Has the Examiner erred in finding Gramatica and Shi teach or suggest the disputed limitation: receiving a plurality of meta paths to constrain co-occurrence scope of any two heterogeneous entities in said co-occurrence graph, the received meta paths specifying a complete path from a source to a destination in the co-occurrence graph, each meta path m of length l m the plurality of meta paths given by: , where, for K types of predefined entities E1, ..., EK, xy [1, K], y [1, l], and where defines a composite correlation between two entity types ; as recited in claim 1? ANALYSIS We have reviewed the Examiner's rejections in light of Appellant's arguments set forth in the Appeal Brief.3 We are not persuaded by 3 No Reply Brief was filed. Appeal 2020-003402 Application 14/279,617 5 Appellant's arguments. We adopt as our own: (1) the findings and reasons set forth by the Examiner in the action from which this appeal is taken (Final Act. 2–19) and (2) the findings, reasons, and explanations set forth by the Examiner in the Examiner's Answer in response to Appellant’s Brief (Ans. 2-5) and concur with the conclusions reached by the Examiner. We highlight the following for emphasis. In rejecting claim 1, the Examiner finds that Gramatica teaches the disputed limitation (Final Act. 5–6 (citing Gramatica p.3, first column, first paragraph)), except for “the received meta paths specifying a complete path from a source to a destination in the co-occurrence graph” (Final Act. 7). (“The meta paths of Gramatica consist of a single link between types of entity nodes, and thus Gramatica does not teach the pre-specified meta paths specifying a complete path from a source to a destination in the co- occurrence graph.”). The Examiner relies on Shi for specifying the complete path. (Final Act. 7, emphasis omitted (citing Shi p.4, first column, second paragraph)). The Examiner explains: Shi, like Gramatica, teaches a relevance model for entities in a heterogeneous graph, where entities are proscribed by pre- determined meta paths. (Shi, pg. 4, 1st column, 2nd paragraph, 'Relevance path'). Further, the relevance paths/meta paths of Shi denote a complete path from a source to a destination (Shi, pg. 4, [1]st column, last paragraph, “Given a relevance path between two objects,” Shi computes a relevance between the two objects as HeteSim) and the meta paths of Shi further fit the claimed definition, specifying entity types along the path (Shi, pg. 4, 1st column, 3rd paragraph, “For simplicity, we can also use type names denoting the relevance path if there are no multiple relations between the same pair of types”). Final Act. 7 (emphasis omitted). Appeal 2020-003402 Application 14/279,617 6 Appellant argues that the references are deficient. Specifically, Appellant offers agreement with the Examiner that Gramatica does not teach the disputed limitation, and “respectfully disagrees with the Examiner’s contention that these features are shown in the secondary reference, i.e., Shi.” Appeal Br. 9. Appellant asserts that Shi does not teach that meta paths are received, nor does Shi teach the received meta paths are used to “constrain co-occurrence scope of any two heterogeneous entities in said co- occurrence graph.” Appeal Br. 9–10. In the Answer, the Examiner responds at length to Appellant’s arguments. With respect to Appellant’s assertion that the Examiner found Gramatica fails to disclose the disputed limitation, the Examiner reiterates that Gramatica teaches most of the disputed limitation, and that “Gramatica only fails to teach the received meta paths specifying a complete path from a source to a destination in the co-occurrence graph.” Ans. 3–4 (emphasis omitted). The Examiner provides a detailed explanation for how Shi’s teachings would have made it obvious to modify Gramatica noting that “the complete linked MoA corresponding to peptide-cell-receptor-process- disease, while never specifically described as such in Gramatica, corresponds to a relevance path of Shi.” Ans. 5 (emphasis omitted). The Examiner thus determines that “describing the allowable links of Gramatica as such a complete relevance path, as does Shi, precisely teaches the meta paths of the claimed invention.” Ans. 5 (emphasis omitted). The Examiner further addresses Appellant’s argument that Shi fails to teach that meta paths are received. Specifically, the Examiner notes that Gramatica teaches the “receiving” of the meta paths. Ans. 5. The Examiner further notes that Gramatica also teaches that the paths be used to “constrain Appeal 2020-003402 Application 14/279,617 7 the co-occurrence scope of any two heterogeneous entities” because Gramatica teaches that “we consider specific interactions (links) among nodes, filtering out unwanted information ... thus only links in the form cell receptor-process or cell receptor-protein are allowed.” Ans. 5 (emphasis omitted) (citing Gramatica p.3, first column). Appellant did not file a Reply Brief to address the detailed explanations and findings set forth in the Answer. As such, the Examiner’s analysis, which we find reasonable, stands unchallenged in this record. Accordingly, Appellant has not persuaded us the Examiner erred in rejecting claim 1, and we sustain its rejection under § 103. Remaining Claims Appellant presents no separate arguments for patentability of any other claims. Accordingly, we sustain the Examiner’s rejections of these claims for the reasons stated with respect to the independent claims from which they depend. See 37 C.F.R. § 41.37(c)(1)(iv). CONCLUSION We affirm the Examiner’s decision to reject the claims. Appeal 2020-003402 Application 14/279,617 8 DECISION SUMMARY Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1, 5, 6, 9 103 Gramatica, Shi, Orphanet 1, 5, 6, 9 4 103 Gramatica, Shi, Orphanet, Chen 4 7, 8 103 Gramatica, Shi, Orphanet, Busa 7, 8 10, 11, 15, 16 103 Gramatica, Shi 10, 11, 15, 16 14 103 Gramatica, Shi, Chen 14 17, 18 103 Gramatica, Shi, Busa 17, 18 Overall Outcome 1, 4–11, 14– 18 TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED Copy with citationCopy as parenthetical citation