Lenovo (Singapore) Pte. Ltd.Download PDFPatent Trials and Appeals BoardDec 29, 20202019002650 (P.T.A.B. Dec. 29, 2020) 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. 14/518,547 10/20/2014 Jonathan Gaither Knox RPS920140020(710.343) 3117 58127 7590 12/29/2020 FERENCE & ASSOCIATES LLC 409 BROAD STREET PITTSBURGH, PA 15143 EXAMINER ROBERTS, SHAUN A ART UNIT PAPER NUMBER 2657 MAIL DATE DELIVERY MODE 12/29/2020 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 PATENT TRIAL AND APPEAL BOARD Ex parte JONATHAN GAITHER KNOX Appeal 2019-002650 Application 14/518,547 Technology Center 2600 Before JEAN R. HOMERE, MICHAEL J. ENGLE, 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 1–5, 7–15, and 17–20. Claims App. Claims 6 and 16 are cancelled. Id. We have jurisdiction under 35 U.S.C. § 6(b). We affirm. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42(a). Appellant identifies the real party in interest as Lenovo (Singapore) PTE LTD. Appeal Br. 3. Appeal 2019-002650 Application 14/518,547 2 CLAIMED SUBJECT MATTER The claims are directed to automated text correction based on context. Claim 1, reproduced below, is illustrative of the claimed subject matter: 1. A method, comprising: receiving, at an input device of the electronic device, a user text input comprising at least one completed word; determining, using a processor, a context associated with the user text input, wherein the determining comprises determining a sub-topic for at least two completed words from the at least one completed words and identifying that the sub- topics for each of the at least two completed words are associated with an identical topic; identifying, based on the determining and without specifying the context, that a sub-topic associated with at least one of the at least one completed words is not associated with the context; and automatically offering, using a processor, a modification to the at least one of the at least one completed words based on the determined context. Appeal Br. 19 (Claims Appendix). REFERENCES2 The prior art relied upon by the Examiner is: Name Reference Date Medlock US 2012/0029910 A1 Feb. 2, 2012 Jones US 2014/0142926 A1 May 22, 2014 Hochman US 2015/0067486 A1 Mar. 5, 2015 2 All citations herein to the references are by reference to the first named inventor/author only. Appeal 2019-002650 Application 14/518,547 3 REJECTIONS Claims 1–3, 7–13, and 17–20 stand rejected under 35 U.S.C. § 103 as being unpatentable over Hochman and Medlock. Final Act. 3. Claims 4, 5, 14, and 15 stand rejected under 35 U.S.C. § 103 as being unpatentable over Hochman, Medlock, and Jones. Final Act. 10. ISSUES First Issue: Has the Examiner erred in finding a motivation to combine Hochman and Medlock? Second Issue: Has the Examiner erred in finding Hochman teaches or suggests “a sub-topic” as recited in claim 1? Third Issue: Has the Examiner erred in finding Medlock teaches or suggests “identifying . . . that the sub-topics for each of the at least two completed words are associated with an identical topic,” as recited in claim 1? ANALYSIS First Issue In rejecting claim 1, the Examiner combines the teachings of Hochman and Medlock. The Examiner finds that Hochman teaches the limitations of the claim, with the exception of “identifying that the sub- topics of the least two completed words are associated with an identical topic.” Final Act. 3–4. The Examiner introduces Medlock to address this deficiency, finding that it teaches determining a sub-topic for at least two completed words and “identifying that the sub-topics for each of the at least two completed words are associated with an identical topic.” Final Act. 4 (citing Medlock ¶¶ 13–15, 31, 34, 53–54, 64, 130, 133–134, Abstract). Appeal 2019-002650 Application 14/518,547 4 The Examiner notes that “Hochman already teaches determining the subject matter of messages, which incorporates determining a topic . . . by analyzing terms and additional information within the message.” Final Act. 5 (citing Hochman ¶¶ 16, 23). The Examiner further notes that “Medlock teaches determining n-1 terms and their context to be used in determining appropriate context for next or subsequent terms.” Final Act. 5. The Examiner concludes that “[i]t would have been obvious to one of ordinary skill in the art at the time of the invention to incorporate Medlock [into Hochman] for an improved system to better determine the topic of a message for modification of a target word.” Final Act. 5. Appellant argues the Examiner erred because “[t]he Office has merely provided a conclusory statement reciting that the teachings of the two references would be obvious to combine to reach some ambiguous benefit.” Appeal Br. 15; see also Reply Br. 17 (reiterating same argument). Appellant further argues “that this is inappropriate because there is no discussion regarding why one of ordinary skill in the art would have been motivated to combine Hochman and Medlock, let alone how the combination of these references was supposed to work to teach the inventive concepts outlined in the currently claimed embodiments.” Appeal Br. 15–16; Reply Br. 17. We are not persuaded of error in the combination of references. Appellant asserts that the Examiner failed to explain why or how the combination of Hochman and Medlock would have been made. Id. Appellant, however, does not provide explanation in support of its assertion. Rather, Appellant merely asserts that the Examiner failed to provide a sufficient rationale, yet Appellant does not address the specific findings and reasoning set forth by the Examiner in the Office Action and Answer. Appeal 2019-002650 Application 14/518,547 5 In the Answer, the Examiner explains that “Hochman . . . teaches determining the subject matter of messages . . . and automatically offering modifications.” Ans. 12. The Examiner further explains that in order to make this determination, “an analysis of the terms [in the message] would need to be performed.” Ans. 12 (citing Hochman ¶¶ 16, 23). Still further, the Examiner explains that although this analysis is not explicitly taught, Hochman suggests performing such an analysis using previous and current terms to determine a topic. Ans. 12. Determining that Medlock is closely-related art in the same field of endeavor, the Examiner further explains that Medlock is introduced to demonstrate that it was known in the art to analyze user text input to determine subject matter of messages, and to provide suggestions for improving the input. Ans. 12 (“Medlock explicitly teaches identifying a context/topic . . . of a previous term and a current term, and determining if they are of the same context.”). The Examiner then provides an explanation of how the combined teachings of the references would operate: Hochman would thus look to Medlock to more specifically analyze n previous terms of a current term in user entered text to determine if the terms are of the same context/topic (Hochman’s subject matter). If the current term is not within the same topic (context, category), then Hochman can modify it to a term that is stored within that category that fits. Hochman also teaches the use of probability in determining words, and Medlock further more specifically discusses how these probabilities are determined in regards to context and topics. Ans. 12–13. Having explained how the combined references would work, the Examiner then proceeds to clarify the reasons why a person of skill in the art would have made the combination, namely “to allow for the Appeal 2019-002650 Application 14/518,547 6 modification of incorrect words based on identified topics in the input.” Ans. 13. The Examiner concludes that “[i]t would have been obvious to one of ordinary skill in the art at the time of the invention to incorporate Medlock with Hochman . . . to better determine the topic of a message for modification of a target word.” Ans. 13.3 Because Appellant’s arguments do not address the Examiner’s detailed reasoning and proffered rationale, we are not persuaded the Examiner erred in combining Hochman and Medlock. Further, we find the Examiner’s proposed combination of the cited teachings of Hochman and Medlock is no more than a simple arrangement of old elements with each performing the same function it had been known to perform, yielding no more than what one would expect from such an arrangement. See KSR, 550 U.S. at 416. Therefore, the ordinarily skilled artisan, being “a person of ordinary creativity, not an automaton,” would have been able to fit the teachings of the cited references together like pieces of a puzzle to predictably result in a system that analyzes user text input to determine subject matter of messages, and to provide suggestions for improving the input. Id. at 420–21. Because Appellant has not demonstrated that the Examiner’s proffered combination would have been “uniquely challenging 3 “The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference . . . . Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art.” In re Keller, 642 F.2d 413, 425 (CCPA 1981). “The obviousness analysis cannot be confined by the formalistic conception of the words teaching, suggestion, and motivation, or by overemphasis on the importance of . . . the explicit content of issued patents.” KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398, 402 (2007). Appeal 2019-002650 Application 14/518,547 7 or difficult for one of ordinary skill in the art,” we agree with the Examiner that the proposed modification would have been within the purview of the ordinarily skilled artisan. See Leapfrog Enters., Inc. v. Fisher-Price, Inc., 485 F.3d 1157, 1162 (Fed. Cir. 2007) (citing KSR, 550 U.S. at 418). Second Issue In rejecting claim 1, the Examiner finds Hochman teaches “determining a sub-topic.” Final Act. 3 (citing Hochman ¶¶ 16, 17, 19, 23). In the Answer, the Examiner further cites Medlock as evidence that it was known to determine sub-topics for received text segments. Ans. 13 (citing Medlock ¶ 133). Appellant argues the Examiner erred in determining Hochman teaches or suggests “determining a sub-topic” as recited in claim 1. Appeal Br. 16– 17. Specifically, Appellant argues that Hochman teaches determining the subject matter of a message, but does not teach determining a sub-topic because “a sub-topic is a division of a broader topic” and “although Hochman may arguably disclose identifying an overall topic associated with a message, nowhere in Hochman is it disclosed that sub-topics may be determined for specific words in the message.” Appeal Br. 16. We are not persuaded of error. We agree with the Examiner that, Hochman’s determining of the subject matter of messages, combined with Medlock’s disclosure of determining sub-topics for received text segments teaches the recited determining a “sub-topic.” As acknowledged by Appellant, Hochman teaches determining the subject matter of messages by analyzing the text in the message. See Hochman ¶ 16, 23. Medlock demonstrates that it was known to analyze text segments to determine where they fall within a hierarchy of topics. Medlock ¶ 133 (“[T]he classifier Appeal 2019-002650 Application 14/518,547 8 learns to infer likely topic category labels for new data” and “the set of topic categories . . . may be hierarchical, e.g. ‘football’ might be a subcategory of ‘sport.’”). Taken together, we agree with the Examiner that the combined teachings of the references would have rendered “determining a sub-topic” obvious. We further note that although Appellant argues that the Examiner’s reliance on Medlock is misplaced (Reply Br. 18 (contrasting Medlock ¶ 7 with the claim)), Appellant does not address the paragraph relied upon by the Examiner (Medlock ¶ 133) in rejecting the claim. As such, we are not persuaded the Examiner erred with respect to the “determining a sub-topic” as recited in claim 1. Third Issue The Examiner finds that Medlock teaches or suggests the limitation “identifying . . . that the sub-topics for each of the at least two completed words are associated with an identical topic,” as recited in claim 1. Final Act. 4. Appellant argues Medlock is deficient because: At best, Medlock appears to disclose methods for predicting a character a user intended to input based upon an analysis of the user’s interaction history with the system. See Medlock at [0007]. However, nowhere in any of the cited portions of Medlock is there any discussion regarding the identification of a sub-topic for words in a message, let alone the determination that the sub-topics for at least two completed words are associated with an identical topic. Appeal Br. 17. We disagree with Appellant. Although Medlock does not use the word “sub-topic,” Medlock teaches that multiple words can be identified as being part of the same context, and that the context may be “indicative of a certain topic.” Medlock ¶ 64. We agree with the Examiner that this description teaches “identifying Appeal 2019-002650 Application 14/518,547 9 . . . that the sub-topics for each of the at least two completed words are associated with an identical topic,” because it identifies multiple words (i.e., at least two) that are associated with the same context, which is indicative of a specific topic. Remaining Claims Appellant presents no separate arguments for patentability of any dependent claim. 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. DECISION SUMMARY Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–3, 7–13, 17–20 103 Hochman, Medlock 1–3, 7–13, 17–20 4, 5, 14, 15 103 Hochman, Medlock, Jones 4, 5, 14, 15 Overall Outcome 1–5, 7–15, 17–20 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