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 .
DETAILED ACTION
This action is response to the communication filed on April 21, 2026. Claims 1, 4-9, 12-17, 20-26 are pending.
Response to Arguments
Applicant's arguments filed on April 21, 2026 have been fully considered but they are not persuasive. Applicant argument regarding art rejection are addressed in new rejection.
Regarding 101 rejection, applicant argues the claim 1 as a whole integrated the judicial exception into a practical application such that the claim is not directed to the judicial exception.
In response examiner respectfully disagree. The claim as drafted fall under 101. The claim recited some additional limitation such as obtaining, providing and generating which are insignificant extra solution activity as those limitation can be done using a generic computer component. The claim does not include additional elements that 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 are no more than mere instructions to apply the exception using a generic computer component. The courts have recognized these functions as well‐understood, routine, and conventional as they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity (see MPEP 2106.05(d) II, Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information)). Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
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, 4-9, 12-17, 20-26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Regarding the claim 1, it recites a storage node configured to store a target data table and comprising: a first memory configured to store first instructions; and one or more first processor coupled to the first memory, wherein the first instructions, when executed by the one or more first processors, cause the storage node to: determine indication information of target data for creating an index, wherein the target data is partial data in the target data table; obtain the target data from the target data table based on the indication information; and provide the target data; and a computing node coupled to the storage node and comprising: a second memory configured to store second instructions; and one or more second processor coupled to the second memory, wherein the second instructions, when executed by the one or more second processors, cause the computing node to: receive the target data from the storage node; and create the index based on the target data; determining the indication information, the second instructions, when executed by the one or more second processors, further cause the computing node to: receive an index creation instruction instructing to create the index based on the target data; determine the indication information based on the index creation instruction; and provide the indication information to the storage node; wherein the first instructions, when executed by the one or more first processors, cause the storage node to generate first consumption when the storage node obtains the target data based on the target data table and provides the target data to the computing node, and wherein the second instructions, when executed by the one or more second processors, further cause the computing node to: generate second consumption when the storage node provides the target data to the computing node and the computing node obtains the target data based on the target data table; and provide the indication information to the storage node when the first consumption and the second consumption meet a specified condition.
The claim recited the limitation of - store a target data table, store first instructions, and store second instructions as drafted, are a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. User can memorize data table and instruction as recited in the claim which is mental process. Further, the limitation “determine indication information of target data for creating an index, wherein the target data is partial data in the target data table” as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. User can mentally determine the indication information by reading the data from the table. Therefore, the limitation is a mental process. Similar, the limitation “create the index based on the target data” as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. User mentally create index or sequence number by the data from table and memorize it. Further, the limitations determining the indication information, the second instructions, when executed by the one or more second processors, and determine the indication information based on the index creation instruction are also mental process as user can mentally determine indication information from the received information.
The claim recites three additional elements: obtain the target data from the target data table based on the indication information, provide the target data, and receive the target data from the storage node. The receiving steps as recited amounts to mere data gathering for use in the creating index step, which is a form of insignificant extra-solution activity, (see Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information)). Similarly, the limitation provide the target data is also data gathering, provides the target data to the computing node, and provide the indication information to the storage node when the first consumption and the second consumption meet a specified condition, and generate second consumption when the storage node provides the target data to the computing node and the computing node obtains the target data based on the target data table are a form of insignificant extra-solution activity as these limitation can be done by generic computer component. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to the abstract idea.
The claim does not include additional elements that 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 element of receiving (both step) and providing steps amounts to no more than mere instructions to apply the exception using a generic computer component. The courts have recognized these functions as well‐understood, routine, and conventional as they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity (see MPEP 2106.05(d) II, Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information)). Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Claim 4 is dependent on claim 2 and includes all the limitations of claim 2. Therefore, claim 4 recites the same abstract idea of creating index of a storage node. The claim recites the limitations of wherein the second instructions, when executed by the one or more second processors, further cause the computing node to send, to the storage node, a data obtaining request requesting the storage node to provide, for the computing node, the target data based on the indication information, which can be done mentally with or without the use of a physical aid (e.g., pen and paper) or with a generic computer and is not an inventive concept that meaningfully limits the abstract idea. Therefore, the limitation is a mental process.
Claim 5 is dependent on claim 1 and includes all the limitations of claim 1. Therefore, claim 5 recites the same abstract idea of creating index of a storage node. The claim recites the limitations of wherein the target data is in a data unit of the target data table, and wherein the data unit is a data row or a data column, which can be done mentally with or without the use of a physical aid (e.g., pen and paper) or with a generic computer and is not an inventive concept that meaningfully limits the abstract idea. Therefore, the limitation is a mental process.
Claim 6 is dependent on claim 5 and includes all the limitations of claim 5. Therefore, claim 6 recites the same abstract idea of creating index of a storage node. The claim recites the limitations of wherein the target data comprises the partial data in the data unit, which can be done mentally with or without the use of a physical aid (e.g., pen and paper) or with a generic computer and is not an inventive concept that meaningfully limits the abstract idea. Therefore, the limitation is a mental process.
Claim 7 is dependent on claim 6 and includes all the limitations of claim 6. Therefore, claim 7 recites the same abstract idea of creating index of a storage node. The claim recites the limitations of wherein the partial data is prefix data, intermediate data, suffix data, or data of a specified length in the data unit, which can be done mentally with or without the use of a physical aid (e.g., pen and paper) or with a generic computer and is not an inventive concept that meaningfully limits the abstract idea. Therefore, the limitation is a mental process.
Claim 8 is dependent on claim 6 and includes all the limitations of claim 6. Therefore, claim 8 recites the same abstract idea of creating index of a storage node. The claim recites the limitations of wherein the target data comprises a character string type and/or a large object class field type, which can be done mentally with or without the use of a physical aid (e.g., pen and paper) or with a generic computer and is not an inventive concept that meaningfully limits the abstract idea. Therefore, the limitation is a mental process.
As to claims 9, 12-17, 20-26, they have similar limitations as of claims 1, 4-8 above. Hence, they are rejected under the same rational as of claims 1, 4-8 above.
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.
Claims 1, 4-9, 12-17, 20-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirose (Pub. No. : US 20180181602 A1 )
As to clam 1 Hirose teaches a system comprising:
a storage node configured to store a target data table (paragraphs [0019], [0034]: The information processing apparatus 1 stores the target data DT1 stored in the storage apparatus 2 into the storage apparatus 3) and comprising:
a first memory configured to store first instructions; and one or more first processor coupled to the first memory, wherein the first instructions, when executed by the one or more first processors, cause the storage node to:
determine indication information of target data for creating an index, wherein the target data is partial data in the target data table (paragraphs [0050]: The data acquisition unit 111 acquires each data included in target data DT1 stored in the storage apparatus 2, wherein the data acquisition unit 111 refers to the information storage region 130, in which the index definition information 132 for identifying a column to be used for creation of index);
obtain the target data from the target data table based on the indication information (paragraph [0050]: the data acquisition unit 111 refers to the information storage region 130, in which the index definition information 132 for identifying a column to be used for creation of index); and
provide the target data (paragraph [0051]: The data management unit 112 stores data acquired by the data acquisition unit 111 individually into the storage apparatus 3); and
a computing node coupled to the storage node (paragraph [0052], [0130]: The index creation unit 113) and comprising:
a second memory configured to store second instructions (paragraph [0065]: the index definition information 132 depicted in FIG. 13B is information that defines index information IDX corresponding to data stored in the employee table); and
one or more second processor coupled to the second memory, wherein the second instructions, when executed by the one or more second processors, cause the computing node to:
receive the target data from the storage node (paragraph [0092]: the index definition information 132 depicted in FIG. 15 is acquired by the process at S22, the data acquisition unit 111 acquires, from among the data included in the target data DT1, data included in “employee number” that is a column to be used for creation of index information IDXb); and
create the index based on the target data (see fig. 15 and paragraph [0093]: the index creation unit 113 creates index information IDX from the creation source data stored in the storage apparatus 2 by the process at S25. Note that IDX is index see paragraph [0050]).
determining the indication information (paragraph [0053]: where index information IDX corresponding to data to which an access request is received is created and this index information IDX is to be utilized), the second instructions, when executed by the one or more second processors, further cause the computing node to:
receive an index creation instruction instructing to create the index based on the target data (paragraph [0052]: The index creation unit 113 creates, in response to that creation source data is acquired from the storage apparatus 3);
determine the indication information based on the index creation instruction (paragraph [0067]: The index definition information 132 depicted in FIG. 13B indicates that the index information IDX corresponding to the data stored in the employee table); and
provide the indication information to the storage node (paragraph [0067]: The index definition information 132 depicted in FIG. 13B indicates that the index information IDX corresponding to the data stored in the employee table is created from the data corresponding to “department code” and “position” from among the data stored in the employee table);
wherein the first instructions, when executed by the one or more first processors, cause the storage node to generate first consumption when the storage node obtains the target data based on the target data table (paragraphs [0050], [0142]: index information IDX corresponding to data to which an access request is received is created and this index information IDX is to be utilized,); and
provides the target data to the computing node, and wherein the second instructions, when executed by the one or more second processors (paragraph [0142]: the first index reception unit 116a of the first information processing apparatus 1a waits that it receives the second index information IDX2 transmitted from the second information processing apparatus 1b (NO at S146). Then, if the second index information IDX2 is received (YES at S146),), further cause the computing node to:
generate second consumption when the storage node provides the target data to the computing node and the computing node obtains the target data based on the target data table (paragraph [0143]: when the first data accessing unit 114a of the first information processing apparatus 1a access the stored data DT2a, it may refer not only to the first index information IDX1 created by the first index creation unit 113a but also to the second index information IDX2 created by the second index creation unit 113b of the second information processing apparatus 1b); and
provide the indication information to the storage node when the first consumption and the second consumption meet a specified condition (paragraph [0125]-[0126], [0142]: the first data acquisition unit 111a determines which one of the first information processing apparatus 1a (first index creation unit 113a) and the second information processing apparatus 1b (second index creation unit 113b) is to create each of the plurality of pieces of index information IDX).
As to clam 4 Hirose teaches wherein the second instructions, when executed by the one or more second processors, further cause the computing node to send, to the storage node, a data obtaining request requesting the storage node to provide, for the computing node, the target data based on the indication information (paragraph [0053]).
As to clam 5 Hirose teaches wherein the target data is in a data unit of the target data table, and wherein the data unit is a data row or a data column (paragraphs [0019], [0070]).
As to clam 6 Hirose teaches wherein the target data comprises the partial data in the data unit (paragraph [0062]).
As to clam 7 Hirose teaches wherein the partial data is prefix data, intermediate data, suffix data, or data of a specified length in the data unit (paragraph [0040]).
As to clam 8 Hirose teaches wherein the target data comprises a character string type and/or a large object class field type (paragraph [0066]).
As to claims 9, 12-17, 20-26, they have similar limitations as of claims 1, 4-8 above. Hence, they are rejected under the same rational as of claims 1, 4-8 above.
Examiner's Note: Examiner has cited particular columns and line numbers or paragraphs in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in its entirety as potentially teaching of all or part of the claimed invention, as well as the context.
Conclusion
THIS ACTION IS MADE FINAL. 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.
The prior art made of record, listed on form PTO-892, and not relied upon, if any, is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MD I UDDIN whose telephone number is (571)270-3559. The examiner can normally be reached M-F, 8:00 am to 5:00 pm.
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, Sherief Badawi can be reached at 571-272-9782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MD I UDDIN/Primary Examiner, Art Unit 2169
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