Ex Parte Sasaki et alDownload PDFPatent Trial and Appeal BoardApr 3, 201411617390 (P.T.A.B. Apr. 3, 2014) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE PATENT TRIAL AND APPEAL BOARD __________ Ex parte TAKESHI SASAKI and MASATO INOUE __________ Appeal 2011-011801 Application 11/617,390 Technology Center 2100 __________ Before DONALD E. ADAMS, JEFFREY N. FREDMAN, and ULRIKE W. JENKS, Administrative Patent Judges. FREDMAN, Administrative Patent Judge. DECISION ON APPEAL This is an appeal1 under 35 U.S.C. § 134 involving claims to a system, medium, and method for synchronizing data between a network server and a mobile device. The Examiner rejected the claims as obvious. We have jurisdiction under 35 U.S.C. § 6(b). We affirm. 1 Appellants identify the Real Parties in Interest as SAP AG (see App. Br. 1). Appeal 2011-011801 Application 11/617,390 2 Statement of the Case Background “[M]obile business application functionality may be distributed between an enterprise server and a mobile device” (Spec. 1 ¶ 0004). The Specification teaches that in “many cases, business application data may be created, modified and deleted by both the mobile device and the enterprise server. Consequently, maintaining the consistency of business application data between the mobile device and the enterprise server is an important component of the enterprise system” (Spec. 1 ¶ 0004). The Claims Claims 1-21 are on appeal. Claim 1 is representative and reads as follows: 1. A method for synchronizing data between a network server and a mobile device, comprising: selecting an object instance from a plurality of object instances for transmission from the network server to the mobile device, each object instance including a key and at least one data element, wherein the key is an identifier that identifies an object type from which the object instance is instantiated; starting from the selected object instance as a current object instance, recursively searching for object instances related to the selected object instance, comprising: (a) identifying data dependencies between the current object instance and other object instances among the plurality of object instances, comprising: comparing a value in the key element of the current object instance with a value in a data element of the at least one data element of the other object instances, wherein an instance of the other object instances having a data element value that matches the key element value of the Appeal 2011-011801 Application 11/617,390 3 current object instance is related to the current object instance; and (b) for each of the other object instances identified in (a), recursively repeating (a) using each identified object instance as the current object instance; sending object instances identified by the recursive searching as being related to at least one selected object instance to the mobile device; and sending the selected object instance to the mobile device. The issue The Examiner rejected claims 1-21 under 35 U.S.C. § 103(a) as obvious over Drewry,2 Ramanathan,3 Tyra,4 and Official Notice (Ans. 4-9). The Examiner finds that Drewry teaches a method for synchronizing data between a network server and a mobile device with “each object instance including a key and at least one data element” (Ans. 4-5), but does not teach the claim requirement for “the key being an identifier that identifies an object from which the object instance is instantiated” (Ans. 5). The Examiner also finds that Drewry does not teach “comparing a value in the key element of the current object instance with a value in a data element of the at least one data element of the other object instances” (Ans. 5). The Examiner finds that Ramanathan “teaches dependencies based on foreign key relationships . . . . Since foreign keys must reference a candidate or primary key of another object, Ramanathan clearly teaches a key that is 2 Drewry et al., US 5,925,100, issued Jul. 20, 1999. 3 Ramanathan et al., US 2005/0010919 A1, published Jan. 13, 2005. 4 Tyra et al., US 5,493,682, issued Feb. 20, 1996. Appeal 2011-011801 Application 11/617,390 4 an identifier that identifies an object from which the object instance is instantiated, i.e. the candidate or primary key of an object in the context of Ramanathan” (Ans. 5-6). The Examiner finds that Ramanathan teaches “identifying dependencies among objects by using foreign key relationships, i.e. comparing a value in a key element of a current object instance with a value in a data element of the other object instances” (Ans. 6). The Examiner finds it obvious to “implement the method of Drewry by using foreign key relationships to identify the data dependencies among the objects, as taught by Ramanathan, in order to ensure integrity of the data being transported” (Ans. 6). The issue with respect to this rejection is: Does the evidence of record support the Examiner’s conclusion that the combination of Drewry, Ramanathan, and Tyra render claim 1 obvious? Findings of Fact 1. Drewry teaches that an “exemplary dialogue between a client and the server occurs as follows. At 651, the client requests an object. Upon receipt of the request, the server retrieves the particular object from its own storage device, at 652 . . . . At 655, the server transmits the requested object and any dependent objects back to the client” (Drewry, col. 12, ll. 10- 17). 2. Drewry teaches “an object (or set of objects, such as combined code and data objects) stored together with dependency information—that is, information indicating which particular objects are also required for use of the (main) object. Each object itself may comprise one or more data entities” (Drewry, col. 10, ll. 1-6). Appeal 2011-011801 Application 11/617,390 5 3. Drewry teaches The dependency list is automatically generated for each object by the system. The prefetch list or hints, on the other hand, reference those object indicated to the system (i.e., via Prefetch primitives) as being likely candidates for prefetching. The prefetch list appended to a particular object does not represent a static data structure. Instead, the list can be modified. (Drewry, col. 11, ll. 45-51.) 4. Ramanathan teaches In an embodiment, implicitly referenced portal objects may also be selected. For example, suppose that a user selects only portal object 225 for export. If, in order to maintain consistency due to codependences, it is also required implicitly that portal object 255 must be exported (due to foreign-key/master-detail/parent-child relationships), then portal object 255 may be implicitly selected for migration. (Ramanathan 4 ¶ 0048.) 5. Ramanathan teaches Various packages are employed in the implementation of step 460. For example, changes to the transport set, such as modifying the import options, etc., are facilitated through functions in an application layer, which in turn perform all the database related operations through database layer. Various functions determine dependencies among objects to be exported and/or imported (due to foreign-key/master- detail/parent-child relationships). (Ramanathan 6 ¶ 0082.) Appeal 2011-011801 Application 11/617,390 6 6. Tyra teaches that: The object dependency interpreter is a recursive process that evaluates each software object to determine its dependencies, and ensures that all lower level dependency conditions have been satisfied before the present object is evaluated. The object dependency interpreter also is responsible for instantiating specific instances of generic objects and for managing the inheritance properties between objects. (Tyra, col. 5, ll. 23-30.) 7. Tyra teaches that: Object-oriented concepts allow significant reusability of objects through the concept of instantiation. Instantiation allows a copy or instance of an object to be created from either a generic object description or another object using the principles of inheritance. The particular instance of the object has its own data and is permitted to override particular data in the generic object definition. (Tyra, col. 2, ll. 59-65.) Principles of Law “The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007). “If a person of ordinary skill can implement a predictable variation, § 103 likely bars its patentability.” Id. at 417. Analysis The Examiner finds that “[s]ince foreign keys must reference a candidate or primary key of another object, Ramanathan clearly teaches a Appeal 2011-011801 Application 11/617,390 7 key that is an identifier that identifies an object from which the object instance is instantiated” (Ans. 5-6). Appellants respond that the key as recited in claim 1 identifies an object type from which the object instance is instantiated rather than a direct reference to another object as the usage of a “foreign key.” Thus, the key as recited in claim 1 may be associated with a plurality of objects of the related object type while the “foreign key” is a one-to-one table column insertion. (Reply Br. 3). We find that the Examiner has the better position. As explained by Appellants, the difference between the claim 1 “key” and the “foreign key” of Ramanathan, is that the “foreign key” is associated with only one object, rather than a plurality of objects (see Reply Br. 3). However, claim 1 simply requires that “the key is an identifier that identifies an object type.” Claim 1 does not require that the “key” is associated with a plurality of objects as argued by Appellants, but may be associated to a single object, just as Appellants’ explain regarding a “foreign key.” Thus, the reasonable interpretation of the term “key” in claim 1 reasonably encompasses the “foreign key” of Ramanathan, because as Appellants’ acknowledge, both may be associated with a single object type (see Reply Br. 3). Appellants also contend that the “sole explanation provided for why this combination would have been obvious is ‘in order to ensure integrity of the data being transported’” (App. Br. 7). Appellants assert that “this is insufficient to establish an ‘articulated reasoning with some rational underpinning to support the legal conclusion of obviousness’” (App. Br. 7). Appeal 2011-011801 Application 11/617,390 8 We are not persuaded. The Examiner finds it obvious to “implement the method of Drewry by using foreign key relationships to identify the data dependencies among the objects, as taught by Ramanathan, in order to ensure integrity of the data being transported, e.g. by maintaining the consistency of the objects in view of codependencies, which is explicitly recited by Ramanathan” (Ans. 12-13). The Examiner provides a specific reason to use the “foreign key” of Ramanathan in the transmission process of Drewry (FF 1), which is to ensure data integrity (Ans. 13) based upon the express teaching of Ramanthan that it is desirable to “maintain consistency” in such transmitted objects (FF 4). Appellants provide no specific evidence or reasoning rebutting the reasoning of the Examiner. Conclusion of Law The evidence of record supports the Examiner’s conclusion that Drewry, Ramanathan, and Tyra render claim 1 obvious. SUMMARY In summary, we affirm the rejection of claim 1 under 35 U.S.C. § 103(a) as obvious over Drewry, Ramanathan, Tyra, and Official Notice. Pursuant to 37 C.F.R. § 41.37(c)(1), we also affirm the rejection of claims 2- 21, as these claims were not argued separately. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). AFFIRMED Appeal 2011-011801 Application 11/617,390 9 cdc Copy with citationCopy as parenthetical citation