Ex Parte RangadassDownload PDFPatent Trial and Appeal BoardMar 21, 201310847422 (P.T.A.B. Mar. 21, 2013) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte VASUDEV RANGADASS1 ____________________ Appeal 2010-007077 Application 10/847,422 Technology Center 2100 ____________________ Before JEAN R. HOMERE, JASON V. MORGAN, and LARRY J. HUME, Administrative Patent Judges. HUME, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal under 35 U.S.C. § 134(a) of the Final rejection of claims 1-34. Appellant has previously canceled claims 35-70. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. 1 The Real Party in Interest is i2 Technologies US, Inc. (App. Br. 2.) Appeal 2010-007077 Application 10/847,422 2 STATEMENT OF THE CASE 2 The Invention Appellant’s invention is directed to a master data management system for centrally managing core reference data associated with an enterprise. Spec. p. 1, ll. 7-9 (“TECHNICAL FIELD OF THE INVENTION”). Exemplary Claim Claim 1 is an exemplary claim representing an aspect of the invention which is reproduced below (emphasis added): 1. A computer-implemented system for centrally managing core enterprise reference data associated with an enterprise, comprising: a storage medium stored therein a centralized master repository comprising the core enterprise reference data, wherein the core enterprise reference data describes the enterprise; a storage medium stored therein an internal services framework coupled with the centralized master repository, the internal services framework provides: a business process toolkit for managing models associated with the system, the business process toolkit comprising: a model library comprising reference data models; and 2 Our decision refers to Appellants’ Appeal Brief (“App. Br.,” filed Nov. 9, 2009); Reply Brief (“Reply Br.,” filed Mar. 22, 2010); Examiner’s Answer (“Ans.,” mailed Jan. 22, 2010); Final Office Action (“FOA,” mailed May 29, 2009); and the original Specification (“Spec.,” filed May 17, 2004). Appeal 2010-007077 Application 10/847,422 3 one or more modeling services for modeling the system, its structure, and its components; and internal services for managing the core enterprise reference data within the centralized master repository, one or more of the internal services having direct access to the core enterprise reference data stored in the centralized master repository for management purposes; and a storage medium stored therein an infrastructure services layer coupled with the centralized master repository provides bulk data transfers of core enterprise reference data between the centralized master repository and one or more external operational systems according to one or more enterprise-level business workflows, the external operational systems permitted indirect access to the core enterprise reference data stored in the centralized master repository for operational purposes. Claim 3 is an exemplary claim representing an aspect of the invention which is reproduced below (emphasis added): 3. The system of Claim 1, wherein the models comprise: a document model providing metadata for documents used in connection with the processes to be used for managing the core enterprise reference data stored in the centralized master repository, each document providing a representation of metadata elements within an underlying core enterprise reference data model; a forms model providing metadata describing forms associated with objects within the underlying core enterprise reference data model; and a core enterprise reference data model representing metadata describing the core enterprise reference data stored in the centralized master repository, changes to the core enterprise Appeal 2010-007077 Application 10/847,422 4 reference data model reflected in the forms and document models to synchronize these models with the core enterprise reference data model. Prior Art The Examiner relies upon the following prior art in rejecting the claims on appeal: Zargham US 2002/0107957 A1 Aug. 8, 2002 Robinson US 7,027,997 B1 Apr. 11, 2006 Rejections on Appeal 1. Claims 1, 2, 5-13, 16-24, and 27-34 stand rejected under 35 U.S.C. § 102(a) as being anticipated by Zargham. Ans. 3. 2. Claims 3-4, 14-15, and 25-26 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over the combination of Zargham and Robinson. Ans. 10. ISSUES AND ANALYSIS We have reviewed the Examiner’s rejections in light of Appellant’s arguments that the Examiner has erred. We disagree with Appellant’s conclusions with respect to claim 1, and we adopt as our own (1) the findings and reasons set forth by the Examiner in the action from which this appeal is taken and (2) the reasons and rebuttals set forth by the Examiner in the Examiner’s Answer in response to Appellant’s Arguments. However, we highlight and address specific findings and arguments regarding claim 1 for emphasis as follows. Appeal 2010-007077 Application 10/847,422 5 1. Rejection of Claims 1-5, 8, 10, and 13-20 Issue 1 Appellant argues (App. Br. 11-14; Reply Br. 2-4) that the Examiner’s rejection of claim 1 under 35 U.S.C. § 102(a) as being anticipated by Zargham is in error. These contentions present us with the following issue: Did the Examiner err in finding that Zargham discloses Appellant’s claimed computer-implemented system for centrally managing core enterprise reference data associated with an enterprise including, inter alia, “a centralized master repository comprising the core enterprise reference data, wherein the core enterprise reference data describes the enterprise,” as recited in claim 1? Analysis Appellant contends: [T]he portion of Zargham, relied upon in the Final Office Action does not disclose a “centralized master repository”, wherein the “centralized master repository” comprises core enterprise reference data that describes an enterprise, as recited in Claim 1. By contrast, the cited portion of Zargham on which the Examiner relied fails to disclose a “storage medium stored therein a centralized master repository comprising the core enterprise reference data, wherein the core enterprise reference data describes the enterprise,” as required by Claim 1. App. Br. 12-13 (emphases in original). Appellant further contends “[t]he Examiner’s Answer [Ans. 13-14] thus alleges that transactional data in the central repository meets the language of Claim 1[, h]owever, Zargham’s central repository lacks core enterprise reference data needed to satisfy the claim language of a centralized master repository comprising the core Appeal 2010-007077 Application 10/847,422 6 enterprise reference data that describes the enterprise[, and w]ithout data that describes the enterprise, Zargham’s central repository cannot anticipate Claim 1.” Reply Br. 2-3 (emphasis omitted). We further note that Appellant has not addressed the Examiner’s specific request “to further clarify in claim language core enterprise reference data [because] Zargham teaches . . . inclusion of enterprise data which includes products, tools, and services of a particular enterprise . . . [and teaches] that services describe reference data of an enterprise,” which discloses the claim limitation “wherein the core enterprise reference data describes the enterprise”. Ans. 4 (citing Zargham ¶¶ [0059] and [0076]). We disagree with Appellant’s contentions regarding “core enterprise data,” and agree with the Examiner’s findings in this regard. Ans. 3-6 and 13-14. In addition, we disagree with Appellant’s contention that “[i]t appears that the Examiner’s Answer may be contending that the above quoted claim language is met with a possibility that the Zargham reference may inherently disclose both core enterprise reference data as well as transactional data.” Reply Br. 3. We find no such “inherency” argument in the Examiner’s findings. Instead, we note that “core enterprise reference data,” as recited in the claims on appeal, constitutes “non-functional descriptive material.” Where certain types of descriptive material, such as music, literature, art, photographs and mere arrangements or compilations of facts or data, are merely stored so as to be read or outputted by a computer without creating any functional interrelationship, either as part of the stored data or as part of the computing processes performed by the computer, then such descriptive Appeal 2010-007077 Application 10/847,422 7 material alone does not impart functionality either to the data as so structured, or to the computer. Such “descriptive material” is not a process, machine, manufacture or composition of matter. (Data consists of facts, which become information when they are seen in context and convey meaning to people. Further, computers process data without any understanding of what that data represents. Computer Dictionary 210 (Microsoft Press, 2d ed. 1994)). The Examiner need not give patentable weight to descriptive material absent a new and unobvious functional relationship between the descriptive material and an underlying structure or process. Nonfunctional descriptive material cannot render nonobvious an invention that would have otherwise been obvious. See In re Ngai, 367 F.3d 1336, 1339 (Fed. Cir. 2004). Cf. In re Gulack, 703 F.2d 1381, 1386 (Fed. Cir. 1983) (“[T]he critical question is whether there exists any new and unobvious functional relationship between the printed matter and the substrate”; when descriptive material is not functionally related to the substrate, the descriptive material will not distinguish the invention from the prior art in terms of patentability); and Cf. In re Lowry, 32 F.3d 1579, 1583-84 (Fed. Cir. 1994); See also Ex parte Mathias, 84 USPQ2d 1276, 1279 (BPAI 2005) (informative) (“[N]onfunctional descriptive material cannot lend patentability to an invention that would have otherwise been anticipated by the prior art.”), aff’d, 191 Fed. Appx. 959 (Fed. Cir. 2006) (Rule 36); Ex parte Curry, 84 USPQ2d 1272, 1274 (BPAI 2005) (informative) (“Nonfunctional descriptive material cannot render nonobvious an invention that would have otherwise been obvious.”), aff’d, No. 06-1003 (Fed. Cir. 2006) (Rule 36). Appeal 2010-007077 Application 10/847,422 8 Accordingly, Appellant has not convinced us of any error in the Examiner’s characterization of the cited art and related claim construction. Therefore, we sustain the Examiner’s anticipation rejection of independent claim 1. Appellant has not provided separate arguments with respect to similarly rejected independent claims 12 and 23, and dependent claims 2, 5- 11, 13, 16-22, 24, and 27-34, except to state that “[c]laims 12, 23, and 34 include similar claim features missing from Zargham, and therefore, Claims 12, 23, and 34 are not anticipated.” App. Br. 14. We similarly sustain the Examiner’s rejection of these claims under 35 U.S.C. § 102(a). 2. Rejection of Claims 3-4, 14-15, and 25-26 Issue 2 Appellant argues (App. Br. 16-18; Reply Br. 4-6) that the Examiner’s rejection of claim 3 under 35 U.S.C. § 103(a) as being unpatentable over the combination of Zargham and Robinson is in error. These contentions present us with the following issue: Did the Examiner err in finding that the combination of Zargham with Robinson teaches or suggests Appellant’s claimed computer-implemented system for centrally managing core enterprise reference data associated with an enterprise including, inter alia, “a document model providing metadata for documents . . . each document providing a representation of metadata elements . . . [and] a forms model providing metadata describing forms associated with objects,” as recited in claim 3? Appeal 2010-007077 Application 10/847,422 9 Analysis Appellant argues that: Robinson fails to disclose a “document model providing metadata for documents, each document providing a representation of metadata elements [and] a forms model providing metadata describing forms associated with objects.” Rather, Robinson merely relates to “document models of business processes” or clearly “operational” data, in stark contrast to the “core enterprise reference data” of Appellant’s claims. This distinction is significant, for at least the reason that it shows that Robinson, like Zargham, deals with “operational data” or data relating to “business processes” and not the clearly distinct data set of “core enterprise reference data” as required in Appellant’s claims. App. Br. 17-18 (alteration in original). In response, the Examiner finds that “Appellant appears to assert that Robinson is directed towards operational data and not ‘core enterprise reference data’ . . . [however] Zargham is relied upon for teaching ‘core enterprise reference data’, thus the combination of Zargham and Robinson teaches the limitations of claim 3.” Ans. 14. We agree with the Examiner’s findings, and disagree with Appellant’s contentions in this regard. Further, we find that Appellant’s argument with respect to claim 3 inherits the deficiencies of claim 1, including Appellant’s misplaced reliance upon the non-functional descriptive material “core enterprise reference data,” discussed supra. Thus, we do not find Appellant’s arguments to be persuasive on this additional basis. Accordingly, Appellant has not convinced us of any error in the Examiner’s characterization of the cited art and related claim construction. Appeal 2010-007077 Application 10/847,422 10 Therefore, we sustain the Examiner’s unpatentability rejection of dependent claim 3. Appellant has not provided separate arguments with respect to similarly rejected dependent claims 4, 14, 15, 25, and 26, such that we similarly sustain the Examiner’s rejection of these claims under 35 U.S.C. § 103(a). CONCLUSIONS (1) The Examiner did not err with respect to the anticipation rejection of claims 1, 2, 5-13, 16-24, and 27-34 under 35 U.S.C. § 102(a) over Zargham, and the rejection is sustained. (2) The Examiner did not err with respect to the unpatentability rejection of claims 3-4, 14-15, and 25-26 under 35 U.S.C. § 103(a) over Zargham in view of Robinson, and the rejection is sustained. DECISION The decision of the Examiner to reject claims 1-34 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)(iv) (2011). AFFIRMED msc Copy with citationCopy as parenthetical citation