Ex Parte Annapragada et alDownload PDFPatent Trials and Appeals BoardApr 30, 201914288591 - (D) (P.T.A.B. Apr. 30, 2019) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 14/288,591 05/28/2014 24267 7590 05/02/2019 CESARI AND MCKENNA, LLP ONE LIBERTY SQUARE SUITE 310 BOSTON, MA 02109 FIRST NAMED INVENTOR Mrithyunjaya Annapragada 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. 111055-0005 5303 EXAMINER CONYERS, DAW AUNE A ART UNIT PAPER NUMBER 2152 NOTIFICATION DATE DELIVERY MODE 05/02/2019 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): docket@c-m.com USPTOMail@c-m.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte MRITHYUNJA YA ANNAPRAGADA and BENJAMIN ROUSSEAU 1 Appeal2017-008858 Application 14/288,591 2 Technology Center 2100 Before JAMES R. HUGHES, MONICA S. ULLAGADDI, and JOYCE CRAIG, Administrative Patent Judges. HUGHES, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant seeks our review under 35 U.S.C. § 134(a) of the Examiner's final rejection of claims 1, 3, 6-9, 11, 13, 16-19, 21, 22, 24, and 1 Tesora Inc. ("Appellant") is the applicant as provided in 37 C.F.R. § 1.46 and is identified as the real party in interest. Br. 2. 2 The application on appeal has an effective filing date of May 28, 2014. Therefore, the Leahy-Smith America Invents Act (AIA) amendments to the U.S. Code(§§ 102, 103) are applicable. See Manual of Patent Examining Procedure (MPEP) § 2159. 02 ( the amended sections "apply to any patent application that contains or contained at any time a claim to a claimed invention that has an effective filing date that is on or after March 16, 2013."). Appeal2017-008858 Application 14/288,591 26-30. Claims 2, 4, 5, 10, 12, 14, 15, 20, 23, and 25 have been canceled. Final Act. 1-2.3 We have jurisdiction under 35 U.S.C. § 6(b). We reverse. Appellant's Invention The invention at issue on appeal relates generally to "query planning in data management systems" (Spec. 2: 13) and, more specifically, database management systems ("DBMSs") and methods for operating DBMSs where a user expresses a raw query plan and criteria for executing the raw query plan. See Spec. 5:21-30; Abstract. The system matches the query in the DBMS and executes the raw query plan, or the system generates a new query plan. Id. Illustrative Claim Independent claim 1, reproduced below with key disputed limitations emphasized, further illustrates the invention: 1. A database management system comprising: a network interface, for receiving an incoming query from two or more client applications, the client applications operating on two or more client computers, and for providing a least one connection into the system for each such client application to provide incoming commands to the system that include at least the incoming query; a group of one or more operational nodes for executing the incoming query as database operations, each operational node implemented as a logical collection of software components that execute on one or more physical or virtual machines; 3 We refer to Appellant's Specification ("Spec.") filed May 28, 2014 and Appeal Brief ("Br.") filed May 2, 2016. We also refer to the Examiner's Final Office Action ("Final Act.") mailed Dec. 4, 2015; and Answer ("Ans.") mailed Oct. 21, 2016. 2 Appeal2017-008858 Application 14/288,591 a storage system for storing data; a Query Parser for programmatically transforming the incoming query into template information and non-template information, wherein template information represents a parsed database command without manifest parameters specific to the incoming query, and the non-template information includes manifest parameters specific to the incoming query; a Query Planner for programmatically transforming the incoming query into a Constructed Query Plan, the Constructed Query Plan including one or more database operations to be performed to implement the incoming query; the system further receiving incoming commands from the client computers that include a command to store a Raw Query Plan in a Raw Plan Cache, the Raw Query Plan including (a) template information (b) one or more database operations to be performed to implement an incoming query with matching template information, and (c) additional criteria associated with the Raw Query Plan, wherein the additional criteria include an expression that when evaluated produces a value; a Query Executor for executing the database operations in the Constructed Query Plans, and for executing the database operations in the Raw Query Plans, and for causing one or more results of executing the database operations to be sent to one or more client applications; and the system further configured to, after receipt of the . . mcommg query: execute the Query Parser and extract the template information and the non-template information provided in the . . mcommg query; search the Raw Plan Cache to find a Raw Query Plan with template information matching the template information of the incoming query, and when a Raw Query Plan with a matching template is found, then evaluate the expression in the additional criteria, and 3 Appeal2017-008858 Application 14/288,591 when the expression evaluates to a predetermined value, then operate the Query Executor to execute the matching template in the Raw Query Plan that was found in the search; and only when a Raw Query Plan with a matching template is not found, then operate the Query Planner to construct a Constructed Query Plan, and operate the Query Executor to execute the Constructed Query Plan. Rejections on Appeal4 1. The Examiner rejects claims 1, 6, 9, 11, 16, 19, 24, 26, 29, and 30 under 35 U.S.C. § 103 as being unpatentable over Ruiz (US 2012/0150842 Al, published June 14, 2012) and Castellanos et al. (US 2012/0072413 Al, published Mar. 22, 2012) ("Castellanos"). 2. The Examiner rejects claims 3, 7, 13, and 17 under 35 U.S.C. § 103 as being unpatentable over Ruiz, Castellanos, and Hanson et al. (US 2006/0224563 Al, published Oct. 5, 2006) ("Hanson"). 3. The Examiner rejects claims 8 and 18 under 35 U.S.C. § 103 as being unpatentable over Ruiz, Castellanos, and Schneider et al. (US 2012/0084315 Al, published Apr. 5, 2012) ("Schneider"). 4 The Examiner includes canceled claims 10 and 20 in the listing of the rejected claims. See Final Act. 3. We find this typographical error harmless, and make appropriate correction in the statement of the rejection for clarity and consistency. 4 Appeal2017-008858 Application 14/288,591 4. The Examiner rejects claims 21 and 22 under 35 U.S.C. § 103 as being unpatentable over Ruiz, Castellanos, and Annapragada (US 2012/0036146 Al, published Feb. 9, 2012). 5. The Examiner rejects claim 27 under 35 U.S.C. § 103 as being unpatentable over Ruiz, Castellanos, and Subramanian et al. (US 2006/0053096 Al, published Mar. 9, 2006) ("Subramanian"). 6. The Examiner rejects claim 28 under 35 U.S.C. § 103 as being unpatentable over Ruiz, Castellanos, and Chalana et al. (US 2010/0223256 Al, published Sept. 2, 2010) ("Chalana"). ISSUE Based upon our review of the record, Appellant's contentions, and the Examiner's findings and conclusions, the issue before us follows: Did the Examiner err in concluding that the combination of Ruiz and Castellanos collectively would have taught or suggested receiving incoming commands from the client computers that include a command to store a Raw Query Plan in a Raw Plan Cache, the Raw Query Plan including (a) template information (b) one or more database operations to be performed to implement an incoming query with matching template information, and ( c) additional criteria associated with the Raw Query Plan, wherein the additional criteria include an expression that when evaluated produces a value within the meaning of Appellant's claim 1 and the commensurate limitations of claim 11? 5 Appeal2017-008858 Application 14/288,591 ANALYSIS Claims 1, 6, 9, 11, 16, 19, 24, 26, 29, and 30 The Examiner rejects independent claim 1 as being obvious in view of Ruiz and Castellanos. See Final Act. 3-10; Ans. 2-10. Appellant contends that Ruiz and Castellanos do not teach the disputed limitations of claim 1. See Br. 10-17. Specifically, Appellant contends, inter alia, that the Examiner-cited portions of Castellanos do not describe a raw query plan as recited in claim I-that is, receiving commands to "store a Raw Query Plan in a Raw Plan Cache" and "the Raw Query Plan including (a) template information (b) one or more database operations ... , and ( c) additional criteria ... [that] include an expression that when evaluated produces a value" ( claim 1 }-because Castellanos only describes "a user interface that permits a user to construct a query" (Br. 13). See Br. 10-17. We agree with Appellant that the Examiner-cited portions of Castellanos (Castellanos ,r,r 20, 30-34, 37-see Final Act. 7-10; Ans. 2-10) do not describe receiving commands to store a raw query plan or a raw query plan including the required elements. At best, the cited portions of Castellanos describe generating a query plan utilizing user supplied criteria (see Br. 12-13; Castellanos ,r,r 30-31, 33). Castellanos does not disclose receiving commands to store a raw query plan or actually receiving a raw query plan including the required elements. Even if we presume Castellanos generates and stores a raw query plan, as urged by the Examiner (see Ans. 2-10), we are still left to speculate whether and how Castellanos (in combination with Ruiz) evaluates the expression included in the raw query plan and determines which query plan to execute responsive to the evaluation. See Br. 10-17. 6 Appeal2017-008858 Application 14/288,591 Consequently, we are constrained by the record before us and determine that the Examiner erred in concluding that Ruiz and Castellanos render obvious Appellant's claim 1. Independent claim 11 includes limitations of commensurate scope. Dependent claims 6, 9, 16, 19, 24, 26, 29, and 30 depend from and stand with claims 1 and 11. Accordingly, we do not sustain the Examiner's obviousness rejection of claims 1, 6, 9, 11, 16, 19, 24, 26, 29, and 30. Claims 3, 7, 8, 13, 17, 18, 21, 22, 27, and 28 The Examiner rejects claims 3, 7, 13, and 17, which depend from claims 1 and 11 (respectively), as obvious in view of Ruiz, Castellanos, and Hanson. See Final Act. 12-13. The Examiner rejects claims 8 and 18, which depend from claims 1 and 11 (respectively), as obvious in view of Ruiz, Castellanos, and Schneider. See Final Act. 14. The Examiner rejects claims 21 and 22, which depend from claims 1 and 11 (respectively), as obvious in view of Ruiz, Castellanos, and Annapragada. See Final Act. 15. The Examiner rejects claim 2 7, which depends from claim 1, as obvious in view of Ruiz, Castellanos, and Subramanian. See Final Act. 16-17. The Examiner also rejects claim 28, which depends from claim 1, as obvious in view of Ruiz, Castellanos, and Chalana. See Final Act. 17-18. The Examiner does not suggest, and we do not find, that the additional cited references (Hanson, Schneider, Annapragada, Subramanian, or Chalana) cure the deficiencies of Ruiz and Castellanos (supra). Therefore, we reverse the Examiner's obviousness rejections of dependent claims 3, 7, 8, 13, 17, 18, 21, 22, 27, and 28 for the same reasons set forth as their respective base claims (supra). 7 Appeal2017-008858 Application 14/288,591 CONCLUSIONS Appellant has shown the Examiner erred in rejecting claims 1, 3, 6-9, 11, 13, 16-19, 21, 22, 24, and 26-30 under 35 U.S.C. § 103. DECISION We reverse the Examiner's rejections of claims 1, 3, 6-9, 11, 13, 16- 19, 21, 22, 24, and 26-30. REVERSED 8 Copy with citationCopy as parenthetical citation