DETAILED ACTION
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 .
Priority
The present application, 17995199, filed 09/30/2022 is a National Stage entry of PCT/EP2021/056228, international filing date: 03/11/2021; claims foreign priority to GB2004617.3, filed 03/30/2020; claims foreign priority to EP20166792.0, filed 03/30/2020.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/30/2022 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1-13 and 15 are objected to under 37 C.F.R. 1.71(a) which requires “full, clear, concise, and exact terms” as to enable any person skilled in the art or science to which the invention or discovery appertains, or with which it is most nearly connected, to make and use the same. The following should be corrected.
A. In claim 1 line 5, “a force” should read “the force” instead because a force is already introduced in line 2. Claims 2-13 and 15 inherit the same deficiency as claim 1 by reason of dependence.
B. In claim 10 line 4, “the a common subdivision” should read “a common subdivision” instead. Claims 11-12 inherit the same deficiency as claim 10 by reason of dependence.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Under Step 1, claims 1-13 recite a series of steps and, therefore, is a process. Claim 14 recites a system and, therefore, is a machine. Claim 15 recites a non-transitory computer-readable storage medium and, therefore, is an article of manufacture.
Under Step 2A prong 1, claim 1 recites
A computer implemented method for generating a force-directed layout for a graph comprising a plurality of vertices, wherein the layout is dependent on a force exerted by each vertex on every other vertex, the method comprising:
generating an initial layout of the plurality of vertices;
determining an effect of global interactions based on a force between vertices by:
grouping vertices based on a respective location of each vertex in the initial layout, and
determining an aggregate effect of each group of vertices as a whole;
determining, for each vertex, an effect of local interactions based on the force with the vertices located in a region of the initial layout proximate to the vertex;
determining, for each vertex, an adjustment to the location of the vertex based, at least in part, on combined effects of the global interactions and the local interactions on the vertex; and
applying the respective determined adjustment to each vertex.
The above limitations of generating a force-directed layout for a graph amounts to processing mathematical relationships/calculations and falls within the “Mathematical Concepts” and/or “Mental Processes” grouping of abstract ideas. The steps of “generating”, “determining”, “determining”, “determining” and “applying” is a process that under its broadest reasonable interpretation, covers performance of the limitation in the mind. That is, nothing in the claim element precludes the steps from practically being performed in the human mind. For example, language, the claim encompasses manually generating an initial layout of a graph comprising six vertices as shown in Fig. 3; determining an effect of global interactions between the vertices by grouping vertices that are on the same grid and calculating an aggregate effect of each group of vertices as shown in Figs. 4-5 where vertices 310(1)-310(3) are in the same grid and represented as 510(1) with a weight of 3; 310(4) represented by 510(2) with a weight of 1; and 310(5)-310(6) represented by 510(3) with a weight of 2; determining an effect of local interactions of the vertices in the same grid similar to the determination of the global interactions with the exception that interactions with any vertices located outside the grid are not evaluated; combining the global and local interactions; and adjusting the location of the vertices based on the combined global and local interaction as described in the specification using pen and paper. Accordingly, the claim is directed to recite an abstract idea.
Under step 2A prong 2 and step 2B, the claim does not recite any additional elements. Accordingly, the claim is not integrated into a practical application and does not amount to significantly more than the abstract idea.
Under step 2A prong 1, claims 2-13 recite the same abstract idea as claim 1 by reason of dependence. Further, claim 2 recites further details of the abstract idea wherein “the force comprises a repulsive force, and wherein the global interactions and the local interactions result from an effect of the repulsive force exerted by each vertex on every other vertex”; claim 3 recites further details of the abstract idea wherein “the force comprises an attractive force, and wherein the global interactions and the local interactions result from effect of the attractive force exerted by each vertex on every other vertex”; claim 4 recites further details of the abstract idea wherein “the adjustment of the location of at least some of the vertices is further based on effects of one or more additional forces acting on those vertices”; claim 5 recites further details of the abstract idea wherein “the one or more additional forces comprise one or more attractive forces acting between respective vertices of the graph”; claim 6 recites further details of the abstract idea wherein “the one or more additional forces comprise one or more repulsive forces acting between respective vertices of the graph”; claim 7 recites further details of the abstract idea wherein “ grouping the vertices based on their location in the initial layout comprises: subdividing the initial layout into a first plurality of subdivisions; and grouping vertices that are located in the same a common subdivision of the first plurality of subdivisions”; claim 8 recites further details of the abstract idea wherein “determining the effect of global interactions comprises determining an aggregate effect of each group of vertices as a whole on each of the first plurality of subdivisions”; claim 9 recites further details of the abstract idea wherein “the first plurality of subdivisions is defined by a grid”; claim 10 recites further details of the abstract idea wherein “determining the effect of local interactions comprises: subdividing the layout into a second plurality of subdivisions; grouping vertices that are located in a common subdivision of the second plurality of subdivisions; and determining an aggregate effect of each group of vertices the subdivisions of each of the second plurality of subdivisions adjoining the subdivision in which the group is located”; claim 11 recites further details of the abstract idea wherein “the second plurality of subdivisions is defined by a second grid”; claim 12 recites further details of the abstract idea wherein “the global interactions are determined at a lower resolution than the local interactions”; claim 13 recites further details of the abstract idea wherein “the method is performed iteratively until an equilibrium is reached” which falls within the “Mathematical Concepts” and/or “Mental Processes” grouping of abstract ideas. In particular claims 2-13 do not include additional elements that would require further analysis under step 2A prong 2 and step 2B. Accordingly, the claims are directed to recite an abstract idea.
Under step 2A prong 1, regarding claim 14, it is directed to a computer system comprising a processor and a memory storing computer program code for causing the processor to implement the method of claim 1. All steps performed by the processor of claim 14 is included in the method of claim 1. Claim 1 analysis applies equally to claim 14. Regarding claim 15, it is directed to a non-transitory computer-readable storage medium storing a computer program which, when executed by one or more processors causes the one or more processors to carry out a method according to claim 1. Claim 1 analysis applies equally to claim 15.
Under step 2A prong 1, claim 14 recites the following additional elements: a processor and a memory storing computer program code; claim 15 recites the following additional elements: one or more processors. However, the additional elements of “a processor” and “a memory” in claim 14; and “one or more processors” in claim 15 are recited at a high-level of generality (i.e., as a generic computer component for executing instructions; and as a generic computer component for storing the instructions) such that they amount to no more than mere instructions using a generic computer component or merely as tools to implement the abstract idea. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See MPEP 2106.05(f)(2) for more information. The additional elements do not, individually or in combination, integrate the exception into a practical application. Accordingly, the claims are not integrated into a practical application.
Under step 2B, claims 14 and 15 do not include additional elements that, individually or in combination, are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of “a processor” and “a memory” in claim 14; and “one or more processors” in claim 15 are recited at a high-level of generality (i.e., as a generic computer component for executing instructions; and as a generic computer component for storing the instructions) such that they amount to no more than mere instructions using a generic computer component or merely as tools to implement the abstract idea. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See MPEP 2106.05(f)(2) for more information. The claims do not recite additional elements that alone or in combination amount to an inventive concept. Accordingly, the claims do not amount to significantly more than the abstract idea.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-12 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mi et al. (NPL - Interactive Graph Layout of a Million Nodes”), hereinafter Mi.
Regarding claim 1, Mi teaches a computer implemented method for generating a force-directed layout for a graph comprising a plurality of vertices, wherein the layout is dependent on a force exerted by each vertex on every other vertex, the method comprising (Mi page 6 section 4 “This section describes how the GPU is utilized to accelerate the approximated force-directed layout algorithm”; Fig. 3; section 2.2 “The spring-electrical model [12] is a popular force-directed layout algorithm, which generates graph layouts based on two types of forces: attractive force and repulsive force”; section 3.1):
generating an initial layout of the plurality of vertices (Mi page 6 section 3.2 “any graph layout algorithm can be applied to obtain the initial pre-processed graph layout”);
determining an effect of global interactions based on a force between vertices by (Mi section 3.1 “the external-electric-force is the inter-cluster repulsive force”; effect of global interactions - the external-electric-force):
grouping vertices based on a respective location of each vertex in the initial layout (Mi section 3.1 and 3.2 and Figs. 2 “Given an undirected graph G = G0 = (V, E), we first use a multi-level coarsening or clustering algorithm to generate serially successive coarser graphs (G1, G2, …), where each (super)node in the next upper level represents a cluster of nodes in its lower level. Figure 2 shows a two-level graph, and the original graph is coarsened based on its topology structure”), and
determining an aggregate effect of each group of vertices as a whole (Mi section 3.1 “the external-electric-force is the inter-cluster repulsive force … the external-electric force is used for capturing the overview of a graph… To compute the repulsive forces on all nodes, we begin at the coarsest graph and work our way down. Each node's total repulsive force in level i with graph Gi is computed as the sum of the external-electric-forces inherited from graph Gi+1 plus the sum of the internal-electric-forces within its parent cluster. Thus, we calculate the internal-electric forces at each level of the graph and pass the total repulsive forces down to the next level as external-electric-forces until we reach the finest level of the graph G0”; section 2.2 “Global optimal layout is obtained from a small graph, which is then used as a starting layout for the next level, until the finest graph layout has been achieved”);
determining, for each vertex, an effect of local interactions based on the force with the vertices located in a region of the initial layout proximate to the vertex (Mi section 3.1 “The internal-electric-force refers to the repulsive force between pairs of nodes within the same cluster … The internal-electric-force is used to obtain the local structure of a graph … To compute the repulsive forces on all nodes, we begin at the coarsest graph and work our way down. Each node's total repulsive force in level i with graph Gi is computed as the sum of the external-electric-forces inherited from graph Gi+1 plus the sum of the internal-electric-forces within its parent cluster. Thus, we calculate the internal-electric forces at each level of the graph and pass the total repulsive forces down to the next level as external-electric-forces until we reach the finest level of the graph G0”);
determining, for each vertex, an adjustment to the location of the vertex based, at least in part, on combined effects of the global interactions and the local interactions on the vertex (Mi section 3.1 “we add the attractive force to the approximated repulsive force of the finest level graph and update each node's position”); and
applying the respective determined adjustment to each vertex (Mi section 3.1 “we add the attractive force to the approximated repulsive force of the finest level graph and update each node's position”; section 3.2 “We use our approximated force-directed layout algorithm to update graph layout of each level”).
Regarding claim 2, Mi teaches all the limitations of claim 1 as stated above. Further, Mi teaches wherein the force comprises a repulsive force, and wherein the global interactions and the local interactions result from an effect of the repulsive force exerted by each vertex on every other vertex (Mi section 3.1 “In total, repulsive forces have two components: internal-electric-force and external-electric-force. The internal-electric-force refers to the repulsive force between pairs of nodes within the same cluster, and the external-electric-force is the inter-cluster repulsive force. The internal-electric-force is used to obtain the local structure of a graph, while the external-electric force is used for capturing the overview of a graph”).
Regarding claim 3, Mi teaches all the limitations of claim 1 as stated above. Further, Mi teaches wherein the force comprises an attractive force, and wherein the global interactions and the local interactions result from effect of the attractive force exerted by each vertex on every other vertex (Mi page 2 section 1 “we focus on optimizing a force-direct algorithm based on the spring-electrical model [12]. This model depicts the graph drawing problem as a physical system, where the spring-like attractive forces are generated by each edge, and each charged node repels others via electrical force”; section 2.2 “The spring-electrical model [12) is a popular force-directed layout algorithm, which generates graph layouts based on two types of forces: attractive force and repulsive force”; section 4.2 “Each thread in the attractive forces kernel and updated position kernel is responsible for one node of the selected level graph, which calculates its attractive force and updates its position based on its total force”; Algorithm 1).
Regarding claim 4, Mi teaches all the limitations of claim 1 as stated above. Further, Mi teaches wherein the adjustment of the location of at least some of the vertices is further based on effects of one or more additional forces acting on those vertices (Mi section 3.1 “we add the attractive force to the approximated repulsive force of the finest level graph and update each node's position”; section 4.2 “Each thread in the attractive forces kernel and updated position kernel is responsible for one node of the selected level graph, which calculates its attractive force and updates its position based on its total force”; one or more additional forces - attractive force or approximated repulsive force).
Regarding claim 5, Mi teaches all the limitations of claim 4 as stated above. Further, Mi teaches wherein the one or more additional forces comprise one or more attractive forces acting between respective vertices of the graph (Mi page 2 section 1 “we focus on optimizing a force-direct algorithm based on the spring-electrical model [12]. This model depicts the graph drawing problem as a physical system, where the spring-like attractive forces are generated by each edge”; section 2.2 “The spring-electrical model [12) is a popular force-directed layout algorithm, which generates graph layouts based on two types of forces: attractive force and repulsive force”; section 4.2 “Each thread in the attractive forces kernel and updated position kernel is responsible for one node of the selected level graph, which calculates its attractive force and updates its position based on its total force”; Algorithm 1).
Regarding claim 6, Mi teaches all the limitations of claim 4 as stated above. Further, Mi teaches wherein the one or more additional forces comprise one or more repulsive forces acting between respective vertices of the graph (Mi section 3.1 “In total, repulsive forces have two components: internal-electric-force and external-electric-force. The internal-electric-force refers to the repulsive force between pairs of nodes within the same cluster, and the external-electric-force is the inter-cluster repulsive force. The internal-electric-force is used to obtain the local structure of a graph, while the external-electric1orce is used for capturing the overview of a graph”; algorithm 2).
Regarding claim 7, Mi teaches all the limitations of claim 1 as stated above. Further, Mi teaches wherein grouping the vertices based on their location in the initial layout comprises:
subdividing the initial layout into a first plurality of subdivisions (Mi section 3.2 “we adopt the solar merger algorithm to build multi-level graphs … where each sub-graph is simulated as a solar system. Each node of a sub-graph is classified as sun, planet or moon. The solar system collapses a sub-graph into the sun node of the next level graph. Since a sun node is always the center of a sub-graph, it can represent all nodes within its sub-group for repulsive force computation”; first plurality of subdivisions - solar system in a finer level cluster); and
grouping vertices that are located in a common subdivision of the first plurality of subdivisions (Mi section 3.2 “In the placement stage, we keep the positions of all parent nodes and initialize their child nodes along a circle, the center of which is their parent node. This design is based on the solar system where child nodes are either planet nodes or moon nodes”).
Regarding claim 8, Mi teaches all the limitations of claim 7 as stated above. Further, Mi teaches wherein determining the effect of global interactions comprises determining an aggregate effect of each group of vertices as a whole on each of the first plurality of subdivisions (Mi section 3.2 “Since a sun node is always the center of a sub-graph, it can represent all nodes within its sub-group for repulsive force computation”; section 3.1 “the external-electric-force is the inter-cluster repulsive force … the external-electric force is used for capturing the overview of a graph… To compute the repulsive forces on all nodes, we begin at the coarsest graph and work our way down. Each node's total repulsive force in level i with graph Gi is computed as the sum of the external-electric-forces inherited from graph Gi+1 plus the sum of the internal-electric-forces within its parent cluster. Thus, we calculate the internal-electric forces at each level of the graph and pass the total repulsive forces down to the next level as external-electric-forces until we reach the finest level of the graph G0”).
Regarding claim 9, Mi teaches all the limitations of claim 7 as stated above. Further, Mi teaches wherein the first plurality of subdivisions is defined by a grid (Mi page 13 second paragraph “We generate successive grid-meshes, which can be evenly partitioned by the solar merger. Thus, the repulsive force computation of mesh-like graphs avoids the workload imbalance problem”; section 2.2 “Fruchterman et al. [12) propose a grid-variant algorithm that accelerates repulsive force computation by splitting nodes into grids”).
Regarding claim 10, Mi teaches all the limitations of claim 7 as stated above. Further, Mi teaches wherein determining the effect of local interactions comprises:
subdividing the layout into a second plurality of subdivisions (Mi section 3.2 “we adopt the solar merger algorithm to build multi-level graphs … where each sub-graph is simulated as a solar system. Each node of a sub-graph is classified as sun, planet or moon. The solar system collapses a sub-graph into the sun node of the next level graph. Since a sun node is always the center of a sub-graph, it can represent all nodes within its sub-group for repulsive force computation”; second plurality of subdivisions - solar system in a coarser level cluster);
grouping vertices that are located in the a common subdivision of the second plurality of subdivisions (Mi section 3.2 “In the placement stage, we keep the positions of all parent nodes and initialize their child nodes along a circle, the center of which is their parent node. This design is based on the solar system where child nodes are either planet nodes or moon nodes”); and
determining an aggregate effect of each group of vertices the subdivisions of each of the second plurality of subdivisions adjoining the subdivision in which the group is located (Mi section 3.2 “Since a sun node is always the center of a sub-graph, it can represent all nodes within its sub-group for repulsive force computation”; section 3.1 “the external-electric-force is the inter-cluster repulsive force … the external-electric force is used for capturing the overview of a graph… To compute the repulsive forces on all nodes, we begin at the coarsest graph and work our way down. Each node's total repulsive force in level i with graph Gi is computed as the sum of the external-electric-forces inherited from graph Gi+1 plus the sum of the internal-electric-forces within its parent cluster. Thus, we calculate the internal-electric forces at each level of the graph and pass the total repulsive forces down to the next level as external-electric-forces until we reach the finest level of the graph G0”).
Regarding claim 11, Mi teaches all the limitations of claim 10 as stated above. Further, Mi teaches wherein the second plurality of subdivisions is defined by a second grid (Mi page 13 second paragraph “We generate successive grid-meshes, which can be evenly partitioned by the solar merger. Thus, the repulsive force computation of mesh-like graphs avoids the workload imbalance problem”; section 2.2 “Fruchterman et al. [12) propose a grid-variant algorithm that accelerates repulsive force computation by splitting nodes into grids”; second grid – grid at the a coarser level graph).
Regarding claim 12, Mi teaches all the limitations of claim 10 as stated above. Further, Mi teaches wherein the global interactions are determined at a lower resolution than the local interactions (Mi section 3.1 “the external-electric-force is the inter-cluster repulsive force … the external-electric force is used for capturing the overview of a graph… To compute the repulsive forces on all nodes, we begin at the coarsest graph and work our way down. Each node's total repulsive force in level i with graph Gi is computed as the sum of the external-electric-forces inherited from graph Gi+1 plus the sum of the internal-electric-forces within its parent cluster. Thus, we calculate the internal-electric forces at each level of the graph and pass the total repulsive forces down to the next level as external-electric-forces until we reach the finest level of the graph G0”; the external-electric-forces at G0 contains approximations from coarser levels Gi).
Regarding claim 14, it is directed to a computer system comprising a processor and a memory storing computer program code for causing the processor to implement the method of claim 1. All steps performed by the processor of claim 14 is included in the method of claim 1. Claim 1 analysis applies equally to claim 14. Further, Mi teaches a processor and a memory storing computer program code (Mi section 5 “We tested our algorithm on a desktop computer running Windows 7 Enterprise, which was equipped with an Intel i7 processor and an NVIDIA GeForce GTX 680 graphics card programmed with CUDA 7.5”; section 5.2; processor - Intel i7 processor and NVIDIA GeForce GTX 680 graphics card; memory – component storing the algorithm).
Regarding claim 15, it is directed to a non-transitory computer-readable storage medium storing a computer program which, when executed by one or more processors causes the one or more processors to carry out a method according to claim 1. Claim 1 analysis applies equally to claim 15. Further, Mi teaches one or more processors (Mi section 5 “We tested our algorithm on a desktop computer running Windows 7 Enterprise, which was equipped with an Intel i7 processor and an NVIDIA GeForce GTX 680 graphics card programmed with CUDA 7.5”).
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.
Claim 13 is are rejected under 35 U.S.C. 103 as being unpatentable over Mi as applied to claim 1 above, and further in view of Arleo et al. (NPL – “A Distributed Multilevel Force-Directed Algorithm”), hereinafter Arleo.
Regarding claim 13, Mi teaches all the limitations of claim 1 as stated above. Further, Mi teaches wherein the method is performed iteratively (Mi page 10 section 5.1 “Figures 5-7 show results of our multi-level algorithm (200 iterations per level without human interactions)”).
Mi does not explicitly teach wherein the method is performed iteratively until an equilibrium is reached.
However, on the same field of endeavor, Arleo discloses that a common ingredient of force-directed algorithms are a model of the system of forces acting on the vertices and an iterative algorithm to find a static equilibrium of this system, which represents the final layout of the graph (Arleo section 2.1 first paragraph).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective
filling date of the claimed invention, to modify M using Arleo and perform the algorithm of Mi iteratively until an equilibrium is reached in order to find the final layout of the graph and because this is a common feature of force-directed algorithms (Arleo section 2.1 and Mi section 2.2).
Therefore, the combination of Mi as modified in view of Arleo teaches wherein the method is performed iteratively until an equilibrium is reached.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carlo Waje whose telephone number is (571)272-5767. The examiner can normally be reached 9:00-6:00 M-F.
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/Carlo Waje/Examiner, Art Unit 2151 (571)272-5767