Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Claims 1-5, 13-19 are pending. As an initial matter, the objection to claim 13 has been withdrawn in view of applicant’s amendments. Furthermore, the 35 USC 101 rejections of the claims have been withdrawn in view of applicant’s amendments.
Response to Arguments
Applicant’s arguments with respect to 35 USC 103 rejections of the claims have been considered but are not persuasive.
Applicant argues on p. 1 that, “the claims are patentable over the cited references, as the references in combination do not disclose all of the elements of any of the claims.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Furthermore, applicant’s arguments with respect to claim(s) 1-5, 13-19 have been considered but are moot because they are directed towards the newly amended claims that change the scope of the claims as whole and are open to new grounds of rejection/interpretation.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3, 13, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Quantin et al. (“Mass customization for cultural heritage 3d models) in view of ArcGIS (“How Create Space Time Cube By Aggregating Points work,” hereinafter “Arc”).
Re claim 1, Quantin teaches a method for creating and utilizing a representation of a conceptual framework for information, comprising:
placing representations of multiple separate steps in a plurality of separate volumes along an axis, wherein each step represents a temporal aspect and a spatial aspect (see p. 2, introduction, wherein temporal and spatial dimensions are aspects) and (see Fig. 2 on p. 3, wherein a Space-Time-Thematic cube places multiple separate steps as volumes along the axis of space, thematic, and time in multiple cube volumes).
Quantin does not explicitly teach for each of the separate volumes, defining a plurality of separate sub-volumes organized along or parallel to x, y, and z mutually orthogonal axes of the volume, to create a conceptual framework, wherein each volume comprises the same quantity of separate sub-volumes; and populating the sub-volumes with data that is stored in a computer memory.
However, Arc teaches teach for each of the separate volumes, defining a plurality of separate sub-volumes organized along or parallel to x, y, and z mutually orthogonal axes of the volume, to create a conceptual framework (see p. 3 and Figs on p. 3 and 7, wherein the cube structure will have rows, columns, and time steps, wherein a sub-volume can be represented as a bin).
wherein each volume comprises the same quantity of separate sub-volumes
(see Fig. on p. 7, wherein bins are sub-volumes comprising the same quantity size, such as the conceptual framework in the figure).
Populating the sub-volumes with data that is stored in a computer memory (see p. 1, wherein point features are structured into a data cube by aggregating points into space-time bins, within each bin, points are counted).
Quantin in view of Arc teaches claim 1. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Quantin’s visual representation of a conceptual framework of a cube structure to explicitly include wherein separate sub-volumes are created comprising the same quantity size of separate sub-volumes, as taught by Arc, as the references are in the analogous art of displaying of conceptual frameworks in a cube structure. An advantage of the modification is that it achieves the result of explicitly sub-dividing the volumes into same quantity sized sub-cubes such as bins to more easily visualize separate data points/information along the cube conceptual framework.
Re claim 3, Quantin and Arc teaches claim 1. Furthermore, Arc teaches wherein each volume comprises five separate sub-volumes along or parallel to each of the x, y, z mutually orthogonal axes (see p. 3 and Figs on p. 3 and 7, wherein the cube structure has bin sub-volumes of five separate sub-volumes along x, y, and z axes). Quantin and Arc teaches claim 3. For motivation, see claim 1.
Re claim 13, Quantin teaches a method for creating and utilizing a representation of a conceptual framework for information, comprising:
placing representations of multiple separate steps along a z axis, wherein each step represents a temporal aspect and a spatial aspect (see p. 2, introduction, wherein temporal and spatial dimensions are aspects) and (see Fig. 2 on p. 3, wherein a Space-Time-Thematic cube places multiple separate steps as volumes along the axis of space, thematic, and time in multiple cube volumes).
placing representations of multiple separate divisions along an x axis that is orthogonal to the z axis; placing representations of multiple separate layers along a y axis that is orthogonal to the x and z axes and (see Fig. 2 on p. 3, wherein a Space-Time-Thematic cube places multiple separate steps as volumes along the axis of space, thematic, and time in multiple cube volumes).
Quantin does not explicitly teach creating from the representations along the x, y, and z axes a representation of a three-dimensional mind palace structure comprising a plurality of separate volumes, one volume at each intersection of the multiple representations along each of the three axes; and wherein each volume comprises a plurality of sub-volumes organized along or parallel to the x, y, and z axes of the volume; and populating the sub-volumes with data that is stored in a computer-readable memory.
However, Arc teaches creating from the representations along the x, y, and z axes a representation of a three-dimensional mind palace structure comprising a plurality of separate volumes, one volume at each intersection of the multiple representations along each of the three axes (see p. 3 and Figs on p. 3 and 7, wherein the cube structure is a 3d mind palace that is display, and that will have rows, columns, and time steps, including a plurality of separate volumes, one volume at each intersection can be represented as a collection of volumes such as a time slice or a column of a location over time, for example).
and wherein each volume comprises a plurality of sub-volumes organized along or parallel to the x, y, and z axes of the volume (see p. 3 and Figs on p. 3 and 7, wherein the cube structure has sub-volumes can be represented as a bin)
Populating the sub-volumes with data that is stored in a computer memory (see p. 1, wherein point features are structured into a data cube by aggregating points into space-time bins, within each bin, points are counted).
Quantin and Arc teaches claim 13. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Quantin’s visual representation of a conceptual framework of a cube structure to explicitly include creating a representation of a 3d mind palace structure comprising a plurality of separate volumes, as taught by Arc, as the references are in the analogous art of conceptual frameworks visually represented as a cube. An advantage of the modification is that it achieves the result of explicitly representing the visual representation as a 3d mind palace platform comprising separate volumes to more easily visualize separate data points/information along the cube conceptual framework.
Re claim 19, Quantin teaches a system for organizing, retrieving, and delivering instructional data, comprising:
A computer memory storing a cube-structured knowledge repository that defines a plurality of volumes arranged along respective x, y, z axes (see p. 2, introduction, wherein temporal and spatial dimensions are aspects) and (see Fig. 2 on p. 3, wherein a Space-Time-Thematic cube places multiple separate steps as volumes along the axis of space, thematic, and time in multiple cube volumes).
Quantin does not explicitly teach each volume subdivided into a plurality of sub-volumes organized along or parallel to the x, y, and z axes of the respective volume; data that is stored in the computer memory and is associated with particular sub-volumes; and a processor that is configured to retrieve data from sub-volumes in response to user input.
However, Arc teaches each volume subdivided into a plurality of sub-volumes organized along or parallel to the x, y, and z axes of the respective volume see p. 3 and Figs on p. 3 and 7, wherein the cube structure will have rows, columns, and time steps, wherein a sub-volume can be represented as a bin).
data that is stored in the computer memory and is associated with particular sub-volumes (see p. 1, wherein point features are structured into a data cube by aggregating points into space-time bins, within each bin, points are counted).
and a processor that is configured to retrieve data from sub-volumes in response to user input (see p. 1, wherein outputs of this tool is a representation of your inputs).
Quantin and Arc teaches claim 19. For motivation, see claim 1.
Claim(s) 2, 4-5, 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Quantin et al. (“Mass customization for cultural heritage 3d models) in view of ArcGIS (“How Create Space Time Cube By Aggregating Points work,” hereinafter “Arc”) and Tiwana et al. (“Special Issue: Information Technology and Organizational Governance: The IT Governance Cube”).
Re claim 2, Quantin and Arc teaches claim 1. Furthermore, Arc teaches wherein the temporal aspect comprises past to present, and the spatial aspects comprises back and present locations (see p. 3, and Fig. wherein spatial data is a location over time), (see Fig. on p. 7, wherein temporal aspects include then and now (past to present) and see (p. 4, wherein the Time Step Alignment is directed towards aggregated data into a space-time cube, from a begin and end time of past and present (back and present).
Quantin and Arc teaches temporal and spatial aspects (see Quantin, p. 2, introduction, wherein temporal, spatial, and thematic aspects are taught, wherein for each aspect, a plurality of aspects can be defined, such as temporal aspects of a production cycle machine lifecycle, and whole lifecycle), but does not explicitly teach a third aspect of future and forward.
However, Tiwana obviously teaches a third temporal aspect (Tiwana, see p. 9, figure 1, wherein for the x, y, and z axis dimensions, a first, second, and third aspect is taught to coincide for each sub-volume (Decision Rights, Control, and Architecture for example).
Hence, the prior art of Quantin in view of Arc and Tiwana obviously teaches a temporal aspect of future and a spatial aspect of forward (Quantin teaches a plurality of temporal and special aspects including life cycle temporal aspects; Arc teaches temporal aspects of past and present and spatial aspects of back and present locations, including spatial aspects at a given time; and Tiwana teaches a third temporal aspect for each axis of a cube map conceptual framework).
Hence, one of ordinary skill in the art could arrive at a third temporal aspect of future and a third spatial aspect of forward by simple substitution of known semantic labels of time and space with another semantic label such as future and forward to obtain a predictable result, based on the teachings of the prior art. Hence, the substitution of different aspect labels does not patentably distinguish from the prior art.
Quantin in view of Arc and Tiwana teaches claim 2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Quantin and Arc’s visual representation of a conceptual framework of a cube structure to explicitly include wherein aspects of on the x and y axis are labeled for each sub-volume in the visual representation, as taught by Tiwana, as the references are in the analogous art of visual representations of conceptual frameworks of a cube structure. An advantage of the modification is that it achieves the result of providing for aspect labels for each sub-volume of a cubic structure, and providing for a plurality of aspect labels on each x, y, z axis for each sub-volume, thus creating a conceptual framework of organizing information easier to interpret to a user viewing the framework.
Re claim 4, Quantin in view of Arc teaches claim 3. Quantin teaches a plurality of aspect labels for each temporal, spatial, and thematic dimension (labeling aspects in x, y, z). Furthermore, Arc teaches five separate sub-volumes along or parallel to each of x, y, and z mutually orthogonal axes (see claim 3), but Quantin and Arc do not explicitly teach wherein the separate sub-volumes for each representation of the axis comprises five aspects for each of the five sub-volumes. However, Tiwana teaches wherein separate sub-volumes for each representation of the axis comprises aspects for each sub-volumes (see p. 9, figure 1, wherein for each subvolume on an axis, a corresponding aspect is labeled (for example, for the y axis, aspects of project, firm, and ecosystem are labeled).
Hence, the prior art of Quantin in view of Arc and Tiwana obviously teaches five aspects for each axis of five sub-volumes (Arc teaching five sub-volume bins, and Tiwana teaching each sub-volume labeled with an aspect), wherein the separate sub-volumes for each representation of the z-axis comprises namely interest, goals, strategy, tactics, and executions, the separate sub-volumes for each representation of the y-axis comprises five aspects organized from concrete to abstract, and the separate sub-volumes for each representation of the x axis comprises five aspects organized from one to many (Quantin teaches a plurality of labels of aspects on each x, y, z, axis, Arc teaches division of five separate sub-volumes, and Tiwana further teaches a plurality of labels of aspects on each x, y, z axis, wherein each sub-volume is labeled).
Hence, one of ordinary skill in the art could arrive at labeling z axis comprising namely interest, goals, strategy, tactics, and execution, y axis comprising five aspects organized from concrete to abstract, and x axis comprising five aspects organized from one to many by simple substitution of known semantic labels with other semantic labels to obtain a predictable result, based on the teachings of the prior art. Hence, the substitution of different aspect labels does not patentably distinguish from the prior art.
Quantin in view of Arc and Tiwana teaches claim 4.
For motivation, see claim 2.
Re claim 5, Quantin in view of Arc and Tiwana teaches claim 4. Furthermore, the prior art of Quantin in view of Arc and Tiwana does not explicitly teach wherein the five aspects for the y axis comprise concept elements, lesson competencies, curricula, catalog content, and library collection, and the five aspects for the x axis comprise individual, social, organizational, political, and civilizational.
However, Quantin in view of Arc and Tiwana obviously teaches wherein the five aspects for the y axis comprise concept elements, lesson competencies, curricula, catalog content, and library collection, and the five aspects for the x axis comprise individual, social, organizational, political, and civilizational (Quantin teaches a plurality of labels of aspects on each x, y, z, axis, Arc teaches division of five separate sub-volumes, and Tiwana further teaches a plurality of labels of aspects on each x, y, z axis, wherein each sub-volume is labeled).
Hence, one of ordinary skill in the art could arrive at wherein the five aspects for the y axis comprise concept elements, lesson competencies, curricula, catalog content, and library collection, and the five aspects for the x axis comprise individual, social, organizational, political, and civilizational by simple substitution of known semantic labels with other semantic labels to obtain a predictable result, based on the teachings of the prior art. Hence, the substitution of different aspect labels does not patentably distinguish from the prior art.
Quantin in view of Arc and Tiwana teaches claim 5.
For motivation, see claim 2.
Claim 14 claims limitations in scope to claim 2 and is rejected for at least the reasons above.
Re claim 15, Quantin in view of Arc and Tiwana teaches claim 14. Furthermore, Arc teaches wherein each volume comprises the same quantity of separate sub volumes (see Fig. on p. 7, wherein bins are sub-volumes comprising the same quantity size along or parallel x, y, and z axes of the volumes, such as rows).
For motivation to combine the Arc reference, see claim 1.
Re claim 16, Quantin in view of Arc and Tiwana teaches claim 15. Furthermore, Arc teaches wherein each volume comprises five separate sub-volumes along or parallel to each of the x, y, and z mutually orthogonal axes (see p. 3 and Figs on p. 3 and 7, wherein the cube structure has bin sub-volumes of five separate sub-volumes along x, y, and z axes). For motivation to combine the Arc reference, see claim 1.
Re claim 17, Quantin in view of Arc and Tiwana teaches claim 16. Furthermore, claim 17 claims limitations in scope to claim 4 and is rejected for at least the reasons above.
Re claim 18, Quantin in view of Arc and Tiwana teaches claim 17. Furthermore, Claim 18 claims limitations in scope to claims 4-5 and is rejected for at least the reasons above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Peter Hoang whose telephone number is (571)270-1346. The examiner can normally be reached Monday-Friday 8:00 am - 5:00 pm PST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hajnik F. Daniel can be reached at (571) 272-7642. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PETER HOANG/Primary Examiner, Art Unit 2616