Ex Parte Babutzka et al

Board of Patent Appeals and Interferences

Sep 27, 2010

11015979 (B.P.A.I. Sep. 27, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte DIETER BABUTZKA, DOMINIC P.O. HEHN,
PAVEL A. LUGINETS, and UWE W. BLOCHING
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Appeal 2009-007481
Application 11/015,979
Technology Center 2100
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Before JAMES D. THOMAS, HOWARD B. BLANKENSHIP, and
CAROLYN D. THOMAS, Administrative Patent Judges.

J. THOMAS, Administrative Patent Judge.

DECISION ON APPEAL1

1 The two-month time period for filing an appeal or commencing a civil
action, as recited in 37 C.F.R. § 1.304, or for filing a request for rehearing,
as recited in 37 C.F.R. § 41.52, begins to run from the “MAIL DATE”
(paper delivery mode) or the “NOTIFICATION DATE” (electronic delivery
mode) shown on the PTOL-90A cover letter attached to this decision.
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STATEMENT OF THE CASE
This is an appeal under 35 U.S.C. § 134(a) from the Examiner’s final
rejection of claims 22, 26-30, 34, 35, 38, 40, and 43-46. Claims 1-21, 23-25,
31-33, 36, 37, 39, 41, and 42 have been canceled. We have jurisdiction
under 35 U.S.C. § 6(b).
We affirm.

Invention
Methods and apparatus, including computer program products,
implement techniques for the combined analysis of application-
based statistical data and system-usage-based performance data
for a distributed enterprise system. The performance data
represents utilization of a system resource in the distributed
enterprise system. The statistical data represents cost of
particular application program steps executed on the distributed
enterprise system. A user requested view of the performance
data is displayed. User input is received selecting a view item
of the one or more view items in the displayed view. A user
gesture is received selecting a predefined link for the selected
view item. Selecting the link causes a predefined query
associated with the link to be performed on the statistical data.
The query is performed with parameter values based on data
items of the selected view items, and the result of running the
query on the statistical data is displayed.
(Abstract; Spec. 18; Figs. 1-3.)

Representative Claim
22. A method comprising:
collecting system-usage-based performance data for a distributed
enterprise system, the performance data representing utilization of a system
resource in the distributed enterprise system at particular times;

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collecting application-based statistical data for the distributed
enterprise system, the statistical data representing costs of particular
application program steps executed on the distributed enterprise system;
displaying the performance data in a performance data view and
displaying the statistical data in a statistical data view, the performance data
view being independent of the statistical data view, the displaying being
done in response to a user request, such that:
when a user requests a view of the performance data, the
displayed performance data view has one or more selectable view
items, each view item having one or more data items, and
when a user requests a view of the statistical data, the displayed
statistical data view has one or more selectable view items, each view
item having one or more data items; and
navigating between the performance data view and the statistical data
view in response to user inputs selecting links, such that:
when the performance data view is displayed and the user
selects a performance data view item and a predefined statistical link
having an associated statistical query, the associated statistical query
is performed on the statistical data, the query being performed with
parameter values based on the data items of the performance data
view item selected by the user, and the result of performing the
statistical query is displayed in the statistical data view, and
when the statistical data view is displayed and the user selects a
statistical data view item and a predefined performance link having an
associated performance query, the associated performance query is
performed on the statistical data, the associated performance query
being performed with parameter values based on the data items of the
statistical data view item selected by the user, and the result of
performing the performance query is displayed in the performance
data view.

Prior Art and Examiner’s Rejection
The Examiner relies on the following reference as evidence of
anticipation:
Fraenkel 6,738, 933 B2 May 18, 2004
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All claims on appeal, claims 22, 26-30, 34, 35, 38, 40, and 43-46
stand rejected under 35 U.S.C. § 102(e) as being anticipated by Fraenkel.
Claim Groupings
Based upon the Appellants’ arguments in principal Brief on appeal,
we and Appellants consider independent claim 22 as representative of the
subject matter of independent claims 22, 38, and 40, as well as
representative of all remaining claims on appeal.

ANALYSIS
We refer to, rely on, and adopt the Examiner’s findings and
conclusions set forth in the Answer. Our discussions here will be limited to
the following points of the emphasis.
Appellants’ discussion of Fraenkel at pages 6 and 7 of the principal
Brief on appeal make reference to certain portions of this patent to
emphasize that Fraenkel allegedly only collects performance data and
displays the performance data in various performance data views. Thus, the
view is taken in the remaining portion of the principal Brief and the Reply
Brief in a repetitive manner that Fraenkel does not teach the disclosure of
collecting statistical data or displaying this type of data. The view is also
taken at the bottom of the page 8 of the principal Brief that Fraenkel
admittedly describes links, but those links mainly enable users to switch
between various types of performance information reports.
We and Examiner do not agree with this limited characterization of
teachings of Fraenkel as reflected in the statement of rejection in the Answer
as well as Examiner’s responsive arguments to the positions set forth in the
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Brief, where these responsive arguments begin at page 7 of the Answer in a
manner to address the four major arguments presented in the Brief as to this
rejection.
Although we recognize that Fraenkel teaches and emphasizes
throughout his disclosure the ability to monitor and report various
performance parameters, these are associated with transactional servers.
What appears to be unappreciative by Appellants is that, as revealed initially
in the latter portions of the Abstract of this patent, statistical algorithms are
utilized and applied to collected data to detect service degradation in specific
parameters, and the like.
The Examiner’s reliance upon the middle and latter portions of
column 3 of this reference emphasizes that the types of data that actually
may be monitored and collected in process may be fairly characterized as
statistical data. We add to this our observation that the teachings in the latter
portion of column 4 emphasize that the measurements of time, such as
transactional time or time between events are a statistical type of data. The
performance data itself is taught there to be aggregated and such data may be
presented as configurable charts, tables, and graphs. In this latter regard, we
make reference to the showings of statistical data in Figures 13-16 of
Fraenkel as well as the corresponding showings in the latter Figures
beginning at Figure 28 of what may be fairly characterized by a user or one
of ordinary skill in the art as statistical data.
The same may be said of the view of an observer of screens illustrated
in the Figures 21 and 22 emphasized by the Examiner. The pie chart type
data categorized under different headings may be characterized as statistical
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data in Figures 21, as well as the illustrated table of information of
transactional data by location by login users, symbol lookup, stock chart,
view portfolio, and new users, as well as their respective response times in
Figure 22.
In short, even though we recognize that Fraenkel teaches the
characterization of his type of data as performance data, a person of ordinary
skill in the art would equally characterize some of the data displayed as
statistical data which has been subsequently “linked” from or associated
with performance data.

CONCLUSION and DECISION
Appellants have not shown that the Examiner erred in finding that
Fraenkel anticipates the subject matter of representative independent claim
22 on appeal under 35 U.S.C. § 102. Therefore, the Examiner’s rejection
under 35 U.S.C. § 102 of all claims on appeal 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)(1)(v).

AFFIRMED

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