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 .
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 1-2, and 6-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
As to claims 1,
Step 1: Statutory Category
The claims as a whole fall within one or more statutory categories.
Step 2A – Prong One: Judicial Exception Recited
At least claim 1 recites limitations that are abstract ideas.
The limitation “to store an update frequency of statistical information acquired for each of a plurality of tables included in a database and a number of records in each of the plurality of tables” is a mental process. Storing/saving two values (the first value is an update frequency; the second value is a number of records) can be performed by the human mind. A human can mentally remember two values.
Step 2A - Prong Two: Integrated into a Practical Application
Claim1 recites the limitation “determine, among the plurality of tables, a table whose statistical information has an update frequency that is greater than a first threshold and in which the number of records is greater than a second threshold, as a statistical information fixation target”. This limitation is an additional element and is insignificant extra-solution activity as comparing two values (an update frequency and the number of records) with two constants (a first threshold and a second threshold) respectively, and does not provide integration into a practical application.
Furthermore, claim 1 further recites additional elements such as a processor and a memory. It is noted that these recited additional elements are a high-level recitation of generic computer components to perform the mental process and applied on a computer as in MPEP 2106.05(f), which does not provide integration into a practical application.
Step 2B: Claim provides an Inventive Concept
The conclusions for the additional elements (such as a processor and a memory) representing mere implementation using a computer are carried over and do not provide significantly more. Therefore, the claims as a whole does not change this conclusion and the claims are ineligible.
As to claim 7, it is rejected for similar reason as claim 1.
As to claim 8, it is rejected for similar reason as claim 1.
As to claim 2, it recites “wherein determining of the statistical information fixation target includes determining, among the plurality of tables, a table in which the number of records does not monotonically increase, as the statistical information fixation target”. Determining a target (the statistical information fixation target) using a mathematical function/expression (monotonically increasing function) is an abstract idea. This additional limitation covers mathematical concepts and does not amount to significantly more than the above-identified judicial exception.
As to claim 6, it recites “wherein the processor is further configured to output information about the table determined as the statistical information fixation target”. This limitation is an additional element with respect to outputting information. It is insignificant extra-solution activity as a post-solution activity that is not integrated into the claim as a whole, as in MPEP 2106.05(g).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claim 1, it recites “determine, among the plurality of tables, a table whose statistical information has an update frequency that is greater than a first threshold and in which the number of records is greater than a second threshold, as a statistical information fixation target” in which the terms “a statistical information fixation target” are not clearly defined in light of the applicant specification. It is unclear what it’s meant to be a statistical information fixation target. As in MPEP 2173.05(a), it is required that the meaning of every term should be apparent. Thus, it renders the claim indefinite. Corrections are respectfully required.
Claims 2-6 are dependent from claim 1, and thus inherited the above deficiency.
As to claim 7, it is rejected for similar reason as claim 1.
As to claim 8, it is rejected for similar reason as claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicants’ disclosure:
. Gruszecki et al (US 20220300491 A1) disclose of storing the statistical information for tables in a catalog database (par. 0031).
. Sauermann (US 20050262158 A1) discloses the need to update statistical information with respect to query optimization.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Loc Tran whose telephone number is 571-272-8485. The examiner can normally be reached on Mon-Fri. 7:30am-5pm; First Fri Off.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Ng can be reached on (571)-270-1698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOC TRAN/
Primary Examiner, Art Unit 2164
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