DETAILED ACTION
1. This is a Non-Final Office Action Correspondence in response to U.S. Application No. 19/245088 filed on May 09, 2025.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The Information Disclosure Statement filed on October 08, 2025 was reviewed and accepted by the Examiner.
Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
5. Claims 1, 8 and 16 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 of U.S. Patent No.12,339,844 (here as ‘Patent 844’). Although the conflicting claims are not identical, they are not patentably distinct from each other because both applications discuss using an optimized data structure to reply to a query plan in order to obtain query results.
This is an obviousness-type double patenting rejection because the conflicting claims have been patented.
U.S. Patent Application: 19/245,088
U.S. Patent: 12,339,844
1
1, 15
8
1, 15
16
1, 15
As to claim 1 Patent 844 teaches
receiving a query (Patent 844 claim 1 discloses receiving a query);
compiling the query to define a query plan to include computer instructions configured to perform a set of operations on physical datasets to compute a set of query results for the query (Patent 844 claim 1 discloses generating a query plan in memory based on the received query, wherein the query plan includes computer instructions configured to include references to physical datasets contained in multiple data sources);
detecting an optimized data structure in an autonomous memory, wherein:the optimized data structure can be used to partially or entirely modify the query plan to satisfy the query (Patent 844 claim 1 discloses wherein the query plan includes computer instructions configured to include references to physical datasets contained in multiple data sources);
and the optimized data structure is a raw reflection or an aggregation reflection, determining that processing of the query can be accelerated by substituting at least a portion of the query plan to include a reference to the optimized data structure stored in the autonomous memory to partially or entirely satisfy the query by determining that a type of the reflection of the optimized data structure satisfies the query cost-effectively (Patent 844 claim 1 discloses determining that processing of the received query can be accelerated by substituting at least a portion of the query plan to include a reference to the optimized data structure stored in lieu of a reference to at least one physical dataset of the physical datasets contained in the multiple data sources to satisfy the received query, wherein the optimized data structure is based on results from one or more previously processed queries that produced at least one query result from the at least one physical dataset);
in response to determining that processing the query can be accelerated, generating a modified query plan by modifying at least some operations in the set of operations for the query plan to refer to the optimized data structure instead of referring to at least one of the physical datasets referred to in the query plan (Patent 844 claim 1 discloses in response to determining that processing the received query can be accelerated, modifying the query plan to refer to the optimized data structure instead of referring to the at least one physical dataset referred to in the query plan);
and executing the modified query plan to obtain query results by accessing the autonomous memory to utilize the optimized data structure instead of accessing at least one of the physical datasets (Patent 844 claim 1 discloses and executing the modified query plan to obtain query results by: accessing the autonomous memory to utilize the optimized data structure instead of accessing the at least one physical dataset; and accessing at least some of the multiple data sources to retrieve data that satisfies the received query).
The difference between claim 1 is that Patent 844 contains this additional claim language:
based on the received query, refreshing the optimized data structure to remove outdated data and update data stored in the optimized data.
The difference between Patent 844 is that claim 1 contains this additional claim language: a system comprising:
a non-transitory computer-readable medium storing instructions; and processing hardware communicatively coupled to the non-transitory computer-readable medium, wherein the processing hardware is configured to execute the instructions and thereby perform operations comprising:
As to claim 8 Patent 844 teaches receiving a query (Patent 844 claim 1 discloses receiving a query);
generating a query plan based on the query, wherein the query plan includes a set of operations that reference at least one physical dataset (Patent 844 claim 1 discloses generating a query plan in memory based on the received query, wherein the query plan includes computer instructions configured to include references to physical datasets contained in multiple data sources);
detecting a set of optimized data structures in an autonomous memory, wherein each optimized data structure in the set of optimized data structures can be used to partially or entirely modify the query plan to satisfy the query (Patent 844 claim 1 discloses wherein the query plan includes computer instructions configured to include references to physical datasets contained in multiple data sources);
determining, for each respective at least one optimized data structure, whether the respective at least one optimized data structure would improve the computational cost of the query through substitution of at least a portion of the query plan to include a reference to the respective at least one optimized data structure to partially or entirely satisfy the query (Patent 844 claim 1 discloses determining that processing of the received query can be accelerated by substituting at least a portion of the query plan to include a reference to the optimized data structure stored in lieu of a reference to at least one physical dataset of the physical datasets contained in the multiple data sources to satisfy the received query, wherein the optimized data structure is based on results from one or more previously processed queries that produced at least one query result from the at least one physical dataset);
in response to determining that processing the query can be accelerated and substitution would improve the computational cost, generating a modified query plan by modifying at least some operations in the set of operations for the query plan to refer to each respective at least one optimized data structure instead of referring to the at least one physical dataset referred to in the query plan (Patent 844 claim 1 discloses in response to determining that processing the received query can be accelerated, modifying the query plan to refer to the optimized data structure instead of referring to the at least one physical dataset referred to in the query plan);
and executing the modified query plan to obtain query results by accessing the autonomous memory to utilize each respective at least one optimized data structure instead of accessing the at least one physical dataset (Patent 844 claim 1 discloses and executing the modified query plan to obtain query results by: accessing the autonomous memory to utilize the optimized data structure instead of accessing the at least one physical dataset; and accessing at least some of the multiple data sources to retrieve data that satisfies the received query).
The difference between claim 1 is that Patent 844 contains this additional claim language:
based on the received query, refreshing the optimized data structure to remove outdated data and update data stored in the optimized data.
and determining that processing of the query can be accelerated by substituting at least a portion of the query plan to include a reference to at least one optimized data structure in the set of optimized data structures to partially or entirely satisfy the query;
The difference between Patent 844 is that claim 1 contains this additional claim language a non-transitory computer-readable medium having program code that is stored thereon, the program code executable by one or more processing devices for performing operations comprising:
As to claim 16 Patent 844 teaches receiving a query (Patent 844 discloses receiving a query);
generating a query plan in memory based on the query, wherein the query plan includes computer instructions configured to include references to physical datasets contained in multiple data sources (Patent 844 claim 1 discloses generating a query plan in memory based on the received query, wherein the query plan includes computer instructions configured to include references to physical datasets contained in multiple data sources);
detecting an optimized data structure in an autonomous memory, wherein the optimized data structure can be used to at least partially modify the query plan to satisfy the query (Patent 844 claim 1 discloses wherein the query plan includes computer instructions configured to include references to physical datasets contained in multiple data sources);
determining that processing of the received query can be accelerated by substituting at least a portion of the query plan to include a reference to the optimized data structure in lieu of a reference to at least one physical dataset of the physical datasets contained in the multiple data sources to satisfy the received query (Patent 844 claim 1 discloses determining that processing of the received query can be accelerated by substituting at least a portion of the query plan to include a reference to the optimized data structure stored in lieu of a reference to at least one physical dataset of the physical datasets contained in the multiple data sources to satisfy the received query, wherein the optimized data structure is based on results from one or more previously processed queries that produced at least one query result from the at least one physical dataset);
in response to determining that processing the received query can be accelerated, modifying the query plan to refer to the optimized data structure instead of referring to the at least one physical dataset referred to in the query plan (Patent 844 claim 1 discloses in response to determining that processing the received query can be accelerated, modifying the query plan to refer to the optimized data structure instead of referring to the at least one physical dataset referred to in the query plan);
and executing the modified query plan to obtain query results by: accessing the autonomous memory to utilize the optimized data structure instead of accessing the at least one physical dataset; and accessing at least some of the multiple data sources to retrieve data that satisfies the received query (Patent 844 claim 1 discloses and executing the modified query plan to obtain query results by: accessing the autonomous memory to utilize the optimized data structure instead of accessing the at least one physical dataset; and accessing at least some of the multiple data sources to retrieve data that satisfies the received query).
The difference between claim 1 is that Patent 844 contains this additional claim language:
based on the received query, refreshing the optimized data structure to remove outdated data and update data stored in the optimized data.
The difference between Patent 844 is that claim 1 contains this additional claim language a non-transitory computer-readable medium having program code that is stored thereon, the program code executable by one or more processing devices for performing operations comprising.
5. Claims 1, 8 and 16 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 of U.S. Patent No.11,709,833 (here as ‘Patent 833’). Although the conflicting claims are not identical, they are not patentably distinct from each other because both applications discuss using an optimized data structure to reply to a query plan in order to obtain query results.
This is an obviousness-type double patenting rejection because the conflicting claims have been patented.
U.S. Patent Application: 19/245,088
U.S. Patent: 11,709,833
1
1, 16
8
1, 16
16
1, 16
As to claim 1 Patent 833 teaches receiving a query (Patent 833 claim 1 discloses receiving a query by the one or more server computers);
compiling the query to define a query plan to include computer instructions configured to perform a set of operations on physical datasets to compute a set of query results for the query (Patent 833 claim 1 discloses generating a query plan in memory based on the received query, wherein the query plan includes computer instructions configured to recursively substitute references to a plurality of virtual datasets with references to physical datasets contained in a plurality of data sources);
detecting an optimized data structure in an autonomous memory, wherein:the optimized data structure can be used to partially or entirely modify the query plan to satisfy the query (Patent 833 claim 1 discloses detecting an optimized data structure in an autonomous memory, wherein the optimized data structure has not expired and can be used to partially or entirely modify the query plan to satisfy the query);
and the optimized data structure is a raw reflection or an aggregation reflection, determining that processing of the query can be accelerated by substituting at least a portion of the query plan to include a reference to the optimized data structure stored in the autonomous memory to partially or entirely satisfy the query by determining that a type of the reflection of the optimized data structure satisfies the query cost-effectively (Patent 833 discloses determining that processing of the received query can be accelerated by substituting at least a portion of the query plan to include a reference to the optimized data structure stored in the autonomous memory to partially or entirely satisfy the received query, wherein the optimized data structure is a raw reflection or an aggregation reflection, and wherein determining that the received query can be accelerated comprises determining that a type of reflection of the optimized data structure satisfies the query cost-effectively);
in response to determining that processing the query can be accelerated, generating a modified query plan by modifying at least some operations in the set of operations for the query plan to refer to the optimized data structure instead of referring to at least one of the physical datasets referred to in the query plan (Patent 833 claim 1 discloses in response to determining that processing the received query can be accelerated, modifying the query plan to refer to the optimized data structure instead of referring to the at least one physical dataset referred to in the query plan);
and executing the modified query plan to obtain query results by accessing the autonomous memory to utilize the optimized data structure instead of accessing at least one of the physical datasets (Patent 833 claim 1 discloses and executing the modified query plan to obtain query results by: accessing the autonomous memory to utilize the optimized data structure instead of accessing the at least one physical dataset; and accessing at least some of the multiple data sources to retrieve data that satisfies the received query).
The difference between claim 1 is that Patent 833 contains this additional claim language:
and wherein the optimized data structure is based on results from one or more previously processed queries and/or includes pre-existing data.
As to claim 8 Patent 833 teaches a non-transitory computer-readable medium having program code that is stored thereon, the program code executable by one or more processing devices for performing operations comprising:
receiving a query (Patent 833 claim 1 discloses receiving a query by the one or more server computers);
generating a query plan based on the query, wherein the query plan includes a set of operations that reference at least one physical dataset (Patent 833 claim 1 discloses generating a query plan in memory based on the received query, wherein the query plan includes computer instructions configured to include references to physical datasets contained in multiple data sources);
detecting a set of optimized data structures in an autonomous memory, wherein each optimized data structure in the set of optimized data structures can be used to partially or entirely modify the query plan to satisfy the query (Patent 833 claim 1 discloses wherein the query plan includes computer instructions configured to include references to physical datasets contained in multiple data sources);
and determining that processing of the query can be accelerated by substituting at least a portion of the query plan to include a reference to at least one optimized data structure in the set of optimized data structures to partially or entirely satisfy the query (Patent 833 claim 1 discloses determining that processing of the received query can be accelerated by substituting at least a portion of the query plan to include a reference to the optimized data structure stored in lieu of a reference to at least one physical dataset of the physical datasets contained in the multiple data sources to satisfy the received query, wherein the optimized data structure is based on results from one or more previously processed queries that produced at least one query result from the at least one physical dataset);
in response to determining that processing the query can be accelerated and substitution would improve the computational cost, generating a modified query plan by modifying at least some operations in the set of operations for the query plan to refer to each respective at least one optimized data structure instead of referring to the at least one physical dataset referred to in the query plan (Patent 833 claim 1 discloses in response to determining that processing the received query can be accelerated, modifying the query plan to refer to the optimized data structure instead of referring to the at least one physical dataset referred to in the query plan);
and executing the modified query plan to obtain query results by accessing the autonomous memory to utilize each respective at least one optimized data structure instead of accessing the at least one physical dataset (Patent 833 claim 1 discloses and executing the modified query plan to obtain query results by: accessing the autonomous memory to utilize the optimized data structure instead of accessing the at least one physical dataset; and accessing at least some of the multiple data sources to retrieve data that satisfies the received query).
The difference between claim 1 is that Patent 833 contains this additional claim language:
determining, for each respective at least one optimized data structure, whether the respective at least one optimized data structure would improve the computational cost of the query through substitution of at least a portion of the query plan to include a reference to the respective at least one optimized data structure to partially or entirely satisfy the query;
As to claim 16 Patent 833 teaches a
receiving a query (Patent 833 discloses receiving a query);
generating a query plan in memory based on the query, wherein the query plan includes computer instructions configured to include references to physical datasets contained in multiple data sources (Patent 833 claim 1 discloses generating a query plan in memory based on the received query, wherein the query plan includes computer instructions configured to include references to physical datasets contained in multiple data sources);
detecting an optimized data structure in an autonomous memory, wherein the optimized data structure can be used to at least partially modify the query plan to satisfy the query (Patent 833 claim 1 discloses wherein the query plan includes computer instructions configured to include references to physical datasets contained in multiple data sources);
determining that processing of the received query can be accelerated by substituting at least a portion of the query plan to include a reference to the optimized data structure in lieu of a reference to at least one physical dataset of the physical datasets contained in the multiple data sources to satisfy the received query (Patent 833 claim 1 discloses determining that processing of the received query can be accelerated by substituting at least a portion of the query plan to include a reference to the optimized data structure stored in lieu of a reference to at least one physical dataset of the physical datasets contained in the multiple data sources to satisfy the received query, wherein the optimized data structure is based on results from one or more previously processed queries that produced at least one query result from the at least one physical dataset);
in response to determining that processing the received query can be accelerated, modifying the query plan to refer to the optimized data structure instead of referring to the at least one physical dataset referred to in the query plan (Patent 833 claim 1 discloses in response to determining that processing the received query can be accelerated, modifying the query plan to refer to the optimized data structure instead of referring to the at least one physical dataset referred to in the query plan);
and executing the modified query plan to obtain query results by: accessing the autonomous memory to utilize the optimized data structure instead of accessing the at least one physical dataset; and accessing at least some of the multiple data sources to retrieve data that satisfies the received query (Patent 833 claim 1 discloses and executing the modified query plan to obtain query results by: accessing the autonomous memory to utilize the optimized data structure instead of accessing the at least one physical dataset; and accessing at least some of the multiple data sources to retrieve data that satisfies the received query).
The difference between claim 1 is that Patent 833 contains this additional claim language:
non-transitory computer-readable medium having program code that is stored thereon, the program code executable by one or more processing devices for performing operations comprising.
Allowable Subject Matter
6. Claims 1-20 does not contain any prior art rejection.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jayaraman et al. U.S. Patent No. 10,706,359 (herein as ‘Jayaraman’). Jayaraman discloses a computer implemented system for automating the generation of an analytic model includes a processor configured to process a plurality of data sets. Each data set includes values for a plurality of variables. A time-stamping module is configured to derive values for a plurality of elapsed-time variables for each data set, and the plurality of variables and plurality of elapsed-time variables are included in a plurality of model variables. A model generator is configured to create a plurality of comparison analytic models each based on a different subset of model variables. Each comparison analytic model is configured to operate on new data sets associated with current leads, and to output a likelihood of successfully closing an associated transaction. A model testing module is configured to select an operational analytic model from among the comparison analytic models based on a quality metric.
Conclusion
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/JERMAINE A MINCEY/ June 13, 2026Examiner, Art Unit 2159
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