Ex Parte Dheap et alDownload PDFPatent Trial and Appeal BoardDec 12, 201211390398 (P.T.A.B. Dec. 12, 2012) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ________________ Ex parte VIJAY DHEAP and BAIJU D. MANDALIA ________________ Appeal 2010-004733 Application 11/390,398 Technology Center 2100 ________________ Before JOHN A. JEFFERY, JEFFREY S. SMITH, and STANLEY M. WEINBERG, Administrative Patent Judges. Dissenting Opinion filed by SMITH, Administrative Patent Judge. WEINBERG, Administrative Patent Judge. DECISION ON APPEAL Appellants appeal under 35 U.S.C. § 134(a) from the Examiner’s rejection of claims 1, 2, 6-8, and 21. We have jurisdiction under 35 U.S.C. § 6(b). We reverse. Appeal 2010-004733 Application 11/390,398 2 Claims 1, 2, 6-8, and 21 stand rejected under 35 U.S.C. § 103(a) as obvious over Chong (US 2006/0036633 A1; Feb. 16, 2006) in view of Stoffel (US 2004/0117346 A1; June 17, 2004).1 Claim 21 is objected to under 37 C.F.R. § 1.75 as being a substantial duplicate of claim 1. We do not consider this objection because it is reviewable by petition under 37 C.F.R. § 1.181 (see MPEP §§ 1002, 1201) and is thus not within the jurisdiction of the Board. In re Mindick, 371 F.2d 892, 894 (CCPA 1967). STATEMENT OF THE CASE Appellants’ invention relates generally to information that may be defined or organized in an ontology or format, and a method of enabling two organizations or entities to interact with one another and exchange information via mappings between their different ontologies. See generally Spec. ¶ 0001; Figs. 1, 2. Independent claim 1 is illustrative with key disputed limitations emphasized: 1. A method of storing at least one validated results set in a global ontology database for future use by an entity that subscribes to said global ontology database comprising: determining if global ontology data is stored in a global ontology database; if global ontology data is stored in said global ontology database, attempting to determine a mapping between first and second ontologies from said global ontology data; 1 Throughout this opinion, we refer to (1) the Appeal Brief filed May 21, 2009, as modified by the Amendment to the Appeal Brief filed August 12, 2009; (2) the Examiner’s Answer mailed December 4, 2009; and (3) the Reply Brief filed February 1, 2010. Appeal 2010-004733 Application 11/390,398 3 if a mapping between said first and second ontologies is determined from said global ontology data, validating said mapping between said first and second ontologies, and defining said validated mapping as a validated first results set; if global ontology data is not stored in said global ontology database or a mapping between said first and second ontologies can not be determined from said global ontology data stored in said global ontology database, unifying said first and second ontologies by determining a mapping between said first and second ontologies, validating said mapping between said first and second ontologies, and defining said validated mapping as a validated first results set; if global ontology data is stored in said global ontology database and said global ontology data includes a results set comprising a mapping between said first and second ontologies, determining the mapping between said first and second ontologies by retrieving said mapping between said first and second ontologies from said global ontology database, validating said mapping between said first and second ontologies, and defining said validated mapping as a validated first results set; wherein said validating said mapping between said first and second ontologies comprises inferring corrections to mappings between elements of said first and second ontologies from corrections made by a user to data; and storing said validated first results set in said global ontology database for future use by an entity that subscribes to said global ontology database. The Examiner finds that Chong discloses every recited feature of independent claim 1 except for validating mapping between first and second ontologies comprises inferring corrections to mappings between elements of the first and second ontologies from corrections made by a user to data. The Examiner finds that Stoffel, particularly Figure 9, teaches the aforesaid features that are not shown in Chong. Ans. 3-6, 9-12. Appellants argue that Stoffel’s Figure 9 does not teach the disputed limitation. Instead, they contend, Stoffel only teaches extending definitions Appeal 2010-004733 Application 11/390,398 4 of a reference ontology and/or allowing a user to append his/her definitions to a reference ontology. Reply Br. 2:3-4, 8. ISSUE Under § 103, has the Examiner erred by finding that Chong and Stoffel collectively teach validating mapping between first and second ontologies comprises inferring corrections to mappings between elements of the first and second ontologies from corrections made by a user to data? ANALYSIS Claim 1 recites a “mapping between said first and second ontologies” (claim 1, l. 6) and “validating said mapping between said first and second ontologies” (claim 1, ll. 7, 12-13, 17-18). Without expressly finding which elements in Chong correspond to the recited first and second ontologies, the Examiner nonetheless finds that Chong’s validate function in Figure 2 teaches validating mapping between first and second ontologies. Ans. 4:12- 14, 21-22; 5:5-6. Although Chong does not explain how its validate function in Figure 2 operates or what it validates, we find that the Examiner’s interpretation of Chong, including its Figure 2 is reasonable (i.e., that Chong’s system validates a mapping between first and second ontologies) because Figure 2 shows an arrow from ontology specification 220 to the validate function and another arrow from the validate function to ontologies table 201. The Examiner also finds that Chong does not teach that validating the mapping between first and second ontologies comprises inferring corrections to mappings between elements of the ontologies from corrections made by a Appeal 2010-004733 Application 11/390,398 5 user to data. Ans. 5:9-12; 10:6-9. The Examiner relies upon Stoffel for these teachings. Ans. 5:13-18; 10:9–12:10. Hence, the issue set forth above: has the Examiner erred by finding that Chong and Stoffel collectively teach validating mapping between first and second ontologies comprises inferring corrections to mappings between elements of the first and second ontologies from corrections made by a user to data? The Examiner first finds that Stoffel generally teaches validating mapping between first and second ontologies. Ans. 5:14-15 (citing ¶¶ 0004, 0079, 0085, 0138). We agree with this finding. The Examiner then finds that Stoffel teaches that its validating function comprises inferring corrections to mappings between elements of the first and second ontologies from corrections made by a user to data. Ans. 5:15-18; 10:10–12:10 (citing ¶¶ 0004, 0051-54, 0126-31, 0138, 0144; Figs.1, 6, 9). Referring to Stoffel’s Figure 9, the Examiner equates UserA’s ontology and UserB’s ontology to the claimed first and second ontologies (Ans. 11:6-8), and equates Stoffel’s Reference ontology to the claimed global ontology (Ans. 11:10; 12:6-7). The Examiner then makes the critical finding: “In Figure 9 . . . UserA’s Ontology and UserB’s Ontology are validated [by] mapping the elements (e.g., walk, travel, ride, etc.) [to] each other via using the Reference Ontology.” Ans. 11:6-10. As we indicated above, Appellants argue that Stoffel’s Figure 9 does not teach the disputed limitation. Instead, they contend, Stoffel only teaches extending definitions of a reference ontology and/or allowing a user to append his/her definitions to a reference ontology. Reply Br. 2:3-4, 8. We agree with Appellants. Appeal 2010-004733 Application 11/390,398 6 In Figure 9, mapping between elements of UserA’s ontology and elements of UserB’s ontology can only occur in two ways. The first possible mapping route is a direct mapping between UserA’s ontology and UserB’s ontology without going through the reference ontology. The absence of any arrow between UserA’s ontology and UserB’s ontology in Figure 9 and the absence of any discussion in Stoffel’s Specification regarding such a direct mapping negate that possibility. The second possible mapping route is through the reference ontology because, as the Examiner correctly recognized, “[t]he Claims [do] not require[] the particulars of how validating the mapping between the first and second ontologies [is done].” Ans. 11:3-5. Although Figure 9 shows two arrows in different directions between UserA’s ontology and the reference ontology, and although Figure 9 also shows two arrows between UserB’s ontology and the reference ontology, both arrows involving UserB’s ontology are directed in the same direction: from UserB’s ontology to the reference ontology. There is no arrow from the reference ontology to UserB’s ontology. Therefore, even though there is a mapping between each user’s ontology and the reference ontology and even though each user’s ontology shares a common element (“walk”), Figure 9 shows that the two user ontologies are independent of each other and does not show mapping between the two user ontologies via the reference ontology.2 2 The Examiner’s reference to Stoffel’s paragraph 0144 (which describes the function of Figure 7) is unavailing. First, the Examiner has relied upon Figure 9, not Figure 7, to support the rejection. Second, the Examiner made no findings regarding what Figure 7 shows in view of paragraph 0144. Third, although Figure 7 shows a two-way arrow between UserA’s ontology and the reference ontology, Figure 7 does not show any arrow between Appeal 2010-004733 Application 11/390,398 7 We therefore conclude that the Examiner has not shown by a preponderance of the evidence that Stoffel teaches mappings between elements of UserA’s and UserB’s ontologies. Although Appellants argued Stoffel individually and failed to argue the appropriateness of the combination of Stoffel and Chong, we are compelled to reverse the Examiner. There is no reasonable basis for the combination because of Stoffel’s failure to teach mappings between elements of its UserA and UserB ontologies. We are therefore persuaded that the Examiner erred in rejecting (1) independent claim 1; (2) claim 21 which recites commensurate limitations; and (3) claims 2 and 6-8 for similar reasons. Since this issue is dispositive of our reversing the Examiner’s rejection of these claims, we need not reach Appellant’s other arguments regarding claims 6-8. App. Br. 21. Accordingly, we will not sustain the Examiner’s rejection of claims 1, 2, 6-8, and 21. CONCLUSION Under § 103, the Examiner erred in rejecting claims 1, 2, 6-8, and 21. DECISION The Examiner’s decision rejecting claims 1, 2, 6-8, and 21 is reversed. REVERSED UserB’s ontology and the reference ontology or between UserA’s and UserB’s ontologies. We decline to make any findings regarding Figure 7 in the first instance on appeal. Appeal 2010-004733 Application 11/390,398 8 SMITH, Administrative Patent Judge, DISSENTING: I agree that Figure 9 and paragraph 144 of Stoffel do not teach mapping between the first and second users’ ontologies, but rather teach mapping each of the first and second ontology to a reference ontology. However the Examiner relies on Chong, rather than Stoffel, to teach mapping between the first and second ontologies and to teach validating said mapping between said first and second ontologies. Ans. 4-5. This finding remains unchallenged by Appellant. The Examiner modifies Chong’s teaching of “validating said mapping between said first and second ontologies” to include “inferring corrections to mappings between elements of said first and second ontologies from corrections made by a user to data” using the teachings of Stoffel. Ans. 5. Appellant has not addressed the combined teachings of Chong and Stoffel as made by the Examiner, but rather argues Stoffel individually. App. Br. 7; Reply Br. 2-3. To the extent that Appellant’s point is Stoffel alone does not map between elements of first and second ontologies, Appellant is correct. However, Appellant has not addressed the combination of Chong and Stoffel made by the Examiner. Looking at figure 9 of Stoffel in light of the teachings of Chong as found by the Examiner, Chong teaches validating mapping between a first ontology and a second ontology (Ans. 4-5), such as User A’s ontology and User B’s ontology. Stoffel teaches “inferring corrections to mappings between elements [of two] ontologies from corrections made by a user to data.” Ans. 5, 10-11 (citing Fig. 9 and ¶ 144). Chong’s teaching of validating mapping between User A’s ontology and User B’s ontology can be modified to include inferring corrections to mappings between elements Appeal 2010-004733 Application 11/390,398 9 of the ontologies from corrections made by a user to data as taught by Stoffel. Ans. 5-6. In other words, modifying the “validating mapping between the first ontology and the second ontology” as taught by Chong to include “inferring corrections to mappings between elements [of two] ontologies from corrections made by a user to data” as taught by Stoffel yields the predictable result of “validating said mapping between said first and second ontologies comprises inferring corrections to mappings between elements of said first and second ontologies from corrections made by a user to data” as recited in claim 1. To the extent that Appellant addresses Figure 9 and paragraph 144 of Stoffel on pages 2 and 3 of the Reply Brief, Appellant’s arguments do little more than quote the reference, quote the claim language, and allege the two are different. Appellant has not addressed nor rebutted the combination of Chong, which teaches validating mappings between elements of a first and a second ontology, and Stoffel, which teaches inferring corrections to mappings between elements from corrections made by the user to data. Since the Examiner’s combination teaches all the elements of the disputed limitation, combining the known elements yields predictable results, and Appellant has not shown any error in the combination, I would affirm the rejection. babc Copy with citationCopy as parenthetical citation