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 .
Response to Amendment
The amendment filed 11/24/2025 has been entered. Claims 1-–------11 and 13–17 stand amended. Claims 1-11 and 13-17 stand pending.
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.
Claim(s) 1-11 and 13-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kincaid in US Patent Application Publication № 2004/0061702, hereinafter called Kincaid.
In regard to claim 1, Kincaid teaches a method comprising:
storing, in a storage element of a computer system, an ordered data matrix including a plurality of values, each value, from the plurality of a values, representing phenomena (“The term "cell", when used in the context describing a data table or heat map, refers to the data value at the intersection of a row and column in a spreadsheet-like data structure or heat map; typically a property /value pair for an entity in the spreadsheet, e.g. the expression level for a gene.” Paragraph 0043);
providing a two-dimensional graphic on a display of the computer system, the graphic having a plurality of cells, each cell corresponding to a pair of values, from the plurality of values, in the ordered data matrix (“A "heat map" or "heat map visualization" is a visual representation of a tabular data structure of gene expression values, wherein color-coding are used for displaying numerical values. The numerical value for each cell in the data table is encoded into a color for the cell. Color encodings run on a continuum from one color through another, e.g. green to red or yellow to blue for gene expression values. The resultant color matrix of all rows and columns in the data set forms the color map, often referred to as a "heat map" by way of analogy to modeling of thermodynamic data.” Paragraph 0053)
rendering, via a computer processor of the computer system, on the electronic display, a heat map on the two-dimensional graphic including a vertical axis and a horizontal axis orthogonal to the vertical axis, the plurality of cells being arranged in a plurality of rows and columns on the heat map initial grid along the vertical and horizontal axes (“The resultant color matrix of all rows and columns in the data set forms the color map, often referred to as a "heat map" by way of analogy to modeling of thermodynamic data.” Paragraph 0053;also “Likewise, the column of clinical data containing the cloneID (i.e., "Clone") 44 for the CDNA having been deposited on the microarray with respect to each individual microarray reading is linked to the particular row of experimental data that it describes and moves with that row when the row is repositioned” paragraph 80), wherein each cell of the plurality of cells on the heat map displays indicia selected from the group consisting of a color, a pattern and a combination thereof (“FIG. 1 shows an example of a portion of a conventional heat map visualization 200 that is currently available to users. A standard heat map visualization such as visualization 200 is a static visual representation of a tabular data structure of gene expression values, wherein color coding are used for displaying numerical values. The numerical value for each cell 202 in the data table is encoded into a color for the cell, although the colors are not apparent in the figs. of this application in order to comply with figure drafting rules generally requiring black and white figs.” Paragraph 0077), indicative of an associated pair of values, from the plurality of values, including (i) a first data value within a first data range and (ii) a second data value within a second data range,
selecting, via the computer processor, one of a single column selected for sorting or a single row selected for sorting, from the plurality of rows and columns on the heat map in the initial grid (“For example, FIG. 3 shows the results of a column sort that was conducted with regard to column 20 of the experimental data. In this example, the cells in column 20 have been sorted according to the cell with the highest degree of up-regulation (which is color-coded red according to the normal heat map visualization schema), with subsequent cells in descending order of expression value down to the lowest value” paragraph 0088);
sorting the plurality of cells of the selected single column selected for sorting or the single row selected for sorting according to a value order of one of the pair of values of each corresponding cell of the plurality of cells selected for sorting, the sorting generating a mapping order (“For example, FIG. 3 shows the results of a column sort that was conducted with regard to column 20 of the experimental data. In this example, the cells in column 20 have been sorted according to the cell with the highest degree of up-regulation (which is color-coded red according to the normal heat map visualization schema), with subsequent cells in descending order of expression value down to the lowest value” paragraph 0088);
sorting each remaining column of the initial grid or each remaining row of the initial grid according to the mapping order of the single column selected for sorting or the single row selected for sorting, respectively (“As each of the cells in column 20 are rearranged according to the sort order determined, the entire row of experimental data assumes the same row placement as that of the reordered cell of column 20.” Paragraph 0088; note that, as the claim is recited in the alternative, either a sort by row or column meets the broadest reasonable interpretation of the claim)
and rendering a revised grid via the processor, the revised grid (i) including at least a portion of the initial grid and (ii) being presented as a graphical display of visual patterns on a device. (“FIG. 4 shows the display order resulting after a row sort that was performed after the column sort described above with regard to FIG. 3.” Paragraph 0090).
In regard to claims 7 and 13, they are substantially similar to claim 1 and accordingly are rejected under similar reasoning.
In regard to claim 2, Kincaid further teaches that (i) each row of the initial graphical grid is displayed in an order sorted according to the mapping order, or (ii) each column of the initial graphical grid is displayed in an order sorted according to the mapping order (“As each of the cells in column 20 are rearranged according to the sort order determined, the entire row of experimental data assumes the same row placement as that of the reordered cell of column 20.” Paragraph 0088); and wherein sorting is from an initial order to one of an ascending order and a descending order (“Upon selecting the ath row, as described, each experimental data value (i.e., cells one through n of the ath row, noted as cells 1, a through n,a in step S19 )) are compared to perform a new sorting order, whether the cells are to be arranged in descending order of value or ascending order of value.” Paragraph 0101).
In regard to claims 8 and 14, they are substantially similar to claim 2 and accordingly are rejected under similar reasoning.
In regard to claim 3, Kincaid further teaches accepting via a sorting widget a user signal indicative that the sorting should be one of the ascending sort order and the descending sort order (“The user interaction for performing a sub-sorting procedure is effectively the same as described above with regard to various methods of similarity sorting, except that upon selecting a row or column, the user chooses the sub-sort function, and specifies a row-based or column based sub-sort, whereby the selected row/column maintains its present location and the subsequent rows/columns are reordered based upon similarity calculations carried out” paragraph 0136).
In regard to claims 9 and 15, they are substantially similar to claim 3 and accordingly are rejected under similar reasoning.
In regard to claim 4, Kincaid further teaches that the indicia is further selected from an icon (i.e. symbol) in addition to the group consisting of a color, a pattern, and a combination thereof (“FIG. 1 shows an example of a portion of a conventional heat map visualization 200 that is currently available to users. A standard heat map visualization such as visualization 200 is a static visual representation of a tabular data structure of gene expression values, wherein color coding are used for displaying numerical values. The numerical value for each cell 202 in the data table is encoded into a color for the cell, although the colors are not apparent in the figs. of this application in order to comply with figure drafting rules generally requiring black and white figs.” Paragraph 0077; additionally, “The BNS_Symbol column 48 contains symbols which identify the particular gene in that row that the expression data is being presented for.” Paragraph 0081. Note that, absent any further technical limitation, a symbol is within the broadest reasonable interpretation of an icon).
In regard to claims 10 and 16, they are substantially similar to claim 4 and accordingly are rejected under similar reasoning.
In regard to claim 5, Kincaid further teaches that the value order of one of the pair of values is determined according to at least one of a legend of the data indicia, and a user-indicated ordering of the data indicia (“The present invention supports both row and column sorting, as described above, as well as limited column and row re-ordering. This limited column and row reordering may be accomplished manually by the user. To accomplish manual reordering, the user can drag-and-drop rows and columns.” Paragraph 0094).
In regard to claims 11 and 17, they are substantially similar to claim 5 and accordingly are rejected under similar reasoning.
In regard to claim 6, Kincaid further teaches that generating the mapping order comprises determining an association between cells in the initial grid and cells in the revised grid (i.e. a sorting, (“Upon selecting the ath row, as described, each experimental data value (i.e., cells one through n of the ath row, noted as cells 1, a through n,a in step S19 )) are compared to perform a new sorting order, whether the cells are to be arranged in descending order of value or ascending order of value.” Paragraph 0101).”)).
Response to Arguments
Applicants’ arguments in regard to the previous rejection of claims 1-18 under 35 U.S.C. 101 have been fully considered and are persuasive. The previous rejection is withdrawn.
Applicant's arguments filed 11/24/2025 have been fully considered but they are not persuasive.
Regarding applicants’ arguments regarding the rejection of claims 1-18 under 35 U.S.C. 102(a)(1) (see applicants’ remarks, pages 11-12), 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.
Conclusion
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/AJAY M BHATIA/ Supervisory Patent Examiner, Art Unit 2156