`Patent and Trademark Office
`Address: COMMISSIONEH OF PATENTS AND THADEMARKS
`Washington, D.C. 20231
`
`EXAMINER
`
`PAPER NUMBER
`
`#z
`
`DATE MAILED:
`
`This ls a communication lrom the examlner ln charge of your appllcatlon.
`COMMISSIONER OF PATENTS AND TRADEMARKS
`
`A shortened statutory period for response to thls actlon is set to explre
`
`)nontnqt*uy2-days from the date of ihis letter.
`me abandofi6d. 35 U.S.C. 133
`
`Part I THE FOLLOWING ATTACHMENT(S) ARE PAFT OF THIS ACTION:
`
`1.
`3.
`5.
`
`Notlce ol References Clted by Examiner, PTO-892.
`Notlce of Art Cited by Appllcant, PTO-1449.
`Informatlon on How to Effect Drawing Changes, PTO'1474.'
`
`z. ffi rvoti"" of Draftsman's Patent Drawing Review, PT O-g4/,ln?a
`4. lJ Notice of lnformal Patent Application, PTO-152.
`6. fl
`
`n fnt. action is made flnal.
`
`Part ll
`SUMMARY OF ACNON
`l-
`l1
`t.flaa^"
`r}f tha ahava etaims
`Of lhe above, claims
`z. E cnms
`s. f] cnms
`c. fl o"i',
`s. n caims
`n I I ctatms
`
`e. H
`
`v'srrlrv
`
`t.- tq
`
`arependingintheapplication.
`
`are wlthdrawn lrom consideration,
`
`have been cancelled.
`
`are allowed.
`
`_ are rejected.
`
`are objec{ed to.
`
`are sublect to restriction or election requirement.
`
`Z. XJ fnls application has been liled with inlormal drawings under 37 C.F.R. 1.85 which are aocePtable for examinalion purposes.
`/'
`g. E format drawings are requlred In response to this Otfice action.
`rL
`. Under 37 C.F.R. 1.84 these drawings
`9. IlLl The eeseelecorsubstltuledrawings have been received on
`are I acceptabb; fi nO acceptable (see explanation or Notice of Draftsman's Patent Drawing Review, PTO-9481ffi, lf Z
`I'
`--- H^----^-tt-.*=l-^.-^-^-.^Lt^r^^^^-^lraarlanarhlr
`1o'[Theproposedaddit|ona|orsubstitutesheet(s)o|draw|ngs,fi|edon-'has(have)beenEapprovedbythe
`examlner; E disapproved by the examiner (see explanation).
`1f . n The proposed drawing correctlon, filed
`has been E approved; E disapproved (see explanatlon).
`12. fl Acknowledgement is made of the claim for priorlty under 35 U.S.C. 119. The certified copy has E been received E not been received
`E been filed in parent application, serial no.
`;filed on
`
`13. fl Shce fhis application apppears to be In condition for allowance except tor formal matters, prosecution as to lhe merits is closed in
`accordance with the practice under Ex parte Quayle, 1935 C'D. 11;453 O.G. 213'
`
`to. flotner
`
`PTOL-326 (Rcv.2193)
`
`EXAMINER'S ACTION
`
`ORACLE EX. 1002 (pg. 1)
`
`
`
`Serial Number: 08/820, 573
`Art Unit z 2785
`
`Part III
`
`DETAILED ACTION
`
`Drawinqs
`
`Page 2
`
`1. This application has been filed with informal drawings which
`are acceptable for examj-nation purposes only. FormaI drawings
`will be requlred when the application is allowed.
`Note the a.ttached PTO-948, Notice of Draftsman's Patent
`Drawing Rev5-ew, indicating informalities in the figures of the
`drawings.
`
`Soecifieation
`
`2. Cl-aims 1-19 are presented for examination.
`
`Claim Objections
`
`3. Claim L5 is objected t.o because of the following
`informalities:
`As per claim l-5, Applicant claims a program storage device
`readable by a computer system as shown on lines 1"-2. However,
`the claj-m is not structured to specifically associate the
`executable programs instructions with the functions being
`
`ORACLE EX. 1002 (pg. 2)
`
`
`
`Serial Number: 08/820,573
`Art Unit: 2185
`
`Page 3
`
`performed, such that there is no doubt that the instructions
`performing these functiong are stored on the computer readabLe
`medium. such an association wilI eliminate any possible
`possible 35 U.S.C 101- Problems
`ambiguities that maY lead to
`AppropriaLe correct,ion is required'
`regarding comPuter Programs'
`
`4.Thefollowingisaquotationof35U.s.c.103(a)whichforms
`the basis for all- obviousness rejections set forth in this office
`action:
`(a)Apatentmaynotbeobtainedthoughtheinventionisnotidentical}y
`disclosedordescribedassetforthinsectionlO2ofthistitle,ifthe
`sought to be patented and the prior
`differences between the ""uj".L-rn"tt"r
`art are such that the subjeii-matter as. "hole would have been obvious at
`in the
`the time the invention was made to a person having ordinary. skill
`.Patentabj-1ity sha11 not be
`art to which said subje"t *"ii". pertiins.
`negatived nv lrr" *tnn6r in which the in"ention was made '
`
`5.Claims1-l.9arerejectedunder35U.S.c.103(a)aSbeing
`unpatentable over Ahamed et aI (US Patent 5,809,493 hereafter
`referred to as Ahamed) in view of Graf (us Patent 5'619'656J '
`
`5. I As Per claim l-:
`Ahamed substantially teaches the invention ' Ahamed teaches:
`
`ORACLE EX. 1002 (pg. 3)
`
`
`
`Serial Numberz 08/820, 573
`Art Unit:. 2785
`
`D:na
`
`A
`
`a tool for automati-calIy maintaining a computer system
`Iabstract, coI. I, lines L0-L2] having:
`a Processor Icol. 20, Iine 30];
`-- memory [col. 20, line 26];
`comprising:
`- a knowledge database stored in the memory lcol. 20, lines
`26-27 ) ;
`
`[or describing potential problem and corresponding
`solutions Icol . 20, ]-ines 26-29) ;
`a plurality of sensors for gathering computer data Ifiq.
`2, col. '7 , lines 14-261 ;
`- AI engine executing the processor Iabstract, col. 2, lines
`13-191;
`
`solve computer problems lcol' 2, lines 35-42)'
`
`Ahamed does not exPlicitlY teach:
`detecting comPuter Problem'
`
`However,Ahameddoesdi-sclosecapabilityof:
`optimizing solution to the current problem IcoI. 2, Iines
`
`4o-431;
`
`detecting attributes in computer Icol. !, lines 47-50]'
`
`ORACLE EX. 1002 (pg. 4)
`
`
`
`Serial Number:
`Art Unit: 2785
`
`08/820,573
`
`Graf explicitly
`teaches:
`an automatically sYstem for
`analyzing data Iabstract, coI. 56,
`detecting computer Problems
`and lines 61-651.
`
`Page 5
`
`gathering data, storing data,
`lines 53-651;
`Iabstract, co1. 56, lines 4B
`
`Therefore, it would have been obvious to a person having
`in the art at the time the invention was made to
`ordinary skill
`modify the knowledge processing system having knowledge base with
`AI capability for solving computer problem as dj-sclosed by Ahamed
`including the computer problem detecting function
`to explicitly
`as taught by Graf in alLowing the computer system to ldentify the
`problem and provide corresponding solutions.
`This modification would have been obvious because a person
`in the art would have been motivated to do
`having ordinary skill
`so to provide the computer system having capability of
`identifying and resolving computer problem with a detecting
`mechanism to enhance the computer system in tracking all past,
`present, and future problems and provide corresponding solutions
`this
`via AI and knowledge base functions. That is by utilizing
`approach, first, problems can be easily detected and resolved
`rapidly; second, problems can be stored and analyzed via the
`knowledge database for future uses; third, the human involvement
`
`ORACLE EX. 1002 (pg. 5)
`
`
`
`Serial- Number: 0B /8 20 ,573
`Art Unit: 2'785
`
`Page 6
`
`and interference can be minimized in detecting and resolving
`computer Problems.
`
`\.2 As oer claim 2:
`Ahamed exPlicitlY teaches:
`questionsandanswersaboutcomputersystemviaSenSorS
`Ico1. I4, lines 38-61].
`
`Ahamed does not expticitly
`teaches:
`actions describing how to solve the computer problem
`Iabstract, co1. !, lines ]-0-201 '
`
`However, Ahmed does disclose capability of:
`knowledge opcodes determinination by knowledge processing
`unit Icol. 2I, Iines 6-11]'
`
`Graf exPlici-tlY teaches
`questionsandanswers(e'g''constructi-ngcomputer
`condition) about computer system via sensors Icol' 56' lines 4B-
`out.
`
`actions describing the problem and its resolution Icol' 22
`l-ine 65 through col' 23, line 411 '
`
`ORACLE EX. 1002 (pg. 6)
`
`
`
`Serial Numberz 08/820, 573
`Art Unit z 2785
`
`Page 1
`
`Therefore, it would have been obvious to a person having
`in the art at the time the invention was made to
`ordinary skill
`modify the knowledge processing system having knowledge base with
`AI capability for solving computer problem as discl-osed by Ahamed
`including the computer problem actions as taught by
`to explicitly
`Graf in allowing the computer system to identify the problem and
`provide corresponding sol-uti-ons.
`This modification woul-d have been obvious because a person
`in the art would have been motivated to do
`having ordinary skill
`so to provide the computer system having capability of
`identifylng and resolving computer problem with the question and
`action mechanism to identify and solve the computer problem. That
`this approach, the computer system can be up in
`is by utilizing
`running in a short period of down time without a need of human
`resources interference. That is by using and applying the
`knowledge database lnformation, the computer problem can be fixed
`via AI questions and actions type function.
`
`5. 3 As per clai-rn 3:
`Ahamed does not explicitly teaches:
`- action saving a state of the computer system in case
`problems not detected.
`
`ORACLE EX. 1002 (pg. 7)
`
`
`
`Serial Number : 08 / 820 , 5'7 3
`Art Unit: 2785
`
`P: rra R
`
`However, Ahmed does discl-ose capability of:
`knowl.edge opcodes determinination by knowledge processing
`unit Icol. 21, ]-ines 6-111.
`
`Graf explicitly
`teaches
`actions setting states of the probl-em including file
`state, process state, etc..
`[co1. 43, table 29 and co]-. 58, col.
`38-s4 I .
`
`Therefore, it would have been obvious to a person having
`in the art at the time the invention was made to
`ordi-nary skill
`modify the knowledge processing system having knowledge base with
`AI capability for solving computer problem as disclosed by Ahamed
`including the computer problem actj-ons as taught by
`to explicitly
`Graf in allowing the computer system to identify the problem and
`provide corresponding solutions for the same reasons set forth in
`paragraph 5.2, supra.
`
`5-4 As Der claims 4-5:
`Ahamed substantially teaches the invention. Ahamed teaches:
`a tool for automatically maintaining a computer system
`Iabstract, col. I, lines 10-72] having:
`
`ORACLE EX. 1002 (pg. 8)
`
`
`
`Serial- Number z 08 / 820 , 5'13
`Art Unit z 2185
`
`Page 9
`
`a Processor lcol. 20, line 30];
`-- memory [col. 20, line 26);
`comprising:
`a knowledge database stored in the memory lcol. 20, ]-ines
`
`26-27 ) ;
`
`for describing potential problem and corresponding
`lines 26-29);
`solutions Icol.20,
`a plurality of sensors for gathering computer data Ifig.
`2, col. 1 , Lines t4-?6);
`- AI engine executing the processor Iabstract, col. 2, lines
`
`I <-
`LJ
`
`| q
`LJ
`
`|
`J
`
`.
`'
`
`solve computer problems Icol. 2, lines 35-42)'
`
`Graf exPlicitlY teaches:
`an automatically system for gathering data, storing data,
`analyzing data Iabstract, col. 56, lines 53-65];
`detecting computer problems Iabstract, col. 56, Iines 48
`and lines 61-651 .
`
`5 - 5 As per clailu-6;-
`Ahamed substantially teaches the invention. Ahamed teaches:
`a knowledge database stored in the memory Ico1. 20, lines
`
`26-21 I ;
`
`ORACLE EX. 1002 (pg. 9)
`
`
`
`Serial Number : 08 / 820 , 5'l3
`Art Unitz 2'785
`
`Page 10
`
`ror describing potential problem and corresponding
`solutions Icol . 20, lines 26-29];
`- a plurality of sensors for gathering computer data Ifiq'
`2, co1. '7 , lines t4-261 ;
`- AI engine executing the processor Iabstract, col. 2, Iines
`
`I <-
`rJ
`
`| q
`LJ
`
`|
`J
`
`.
`'
`
`solve computer problems Icol' 2, ]'ines 35-421 '
`
`Graf also discloses caPabilitY of:
`- questions and answers (e'g', constructing computer
`condition) about computer system via sensors Icol' 56' Iines 48-
`
`601 .
`
`- actions describing the problem and its resolution Icol' 22
`line 65 through col. 23, Iine 4I);
`-computerproblemarealertedandwatchedbyAlclient
`IcoI. 55, Iines 46-62).
`
`5. 7 As peL-_e l€im-7-15:
`Due to the similarity of claims 1-I5 to claims I-6 except
`for the tcol for automati-cally maintaining a computer system
`having capabilities (i.e , detecting a problem, activating an AI
`engine,determiningasolution,etc.'.)insteadofamethodfor
`optimizLng lAhamed, col. 2, lines 40-43) a computer system having
`
`ORACLE EX. 1002 (pg. 10)
`
`
`
`SeriaI Number: 08/820,513
`Art Unit: 2185
`
`Page 11
`
`steps (i.e., detecting a problem, activating an AI engine,
`determining a solution, etc...) ; therefore, these cl-aims are al_so
`rejected under the same rationale applied against cl-aims 1-6. In
`addition, al.l of the limitations have been noted in the rejection
`as per claims 1-6.
`
`5.8 As oer claims 16-19:
`This claims are the same as per claims 1-6. The only minor
`different is that these cLaims are directed to a proglam storage
`device readable by a computer system having executable
`instructions for performing the automatically maintaining the
`computer system instead of the tool for automatically
`maintaining a computer system as ciescribed 1n cl-aims 1-6.
`However, it woul-d have been obvious to one having ordinary skill
`1n the art at the time the i-nvention was made to real-ized that
`the program readable medium is a necessary item for such computer
`system. Since the computer system obviously needs a means for
`instruct.ion or code means resided within the computer readable
`medium for performing the automatically maintaining the computer
`system such as sensing, detecting, AI detelmining, etc...
`Therefore, these claims are al-so rejected under the same
`rationale applied against cl-a-ims 1-6.
`
`ORACLE EX. 1002 (pg. 11)
`
`
`
`Serial Number z 08 /820, 573
`Art Unit z 2185
`
`Page 12
`
`Conclusion
`
`6. The prior art made of record and not relied upon is
`considered pertinent to applicant's discl-osure.
`
`7. A shortened etatutory period for response to this action is
`set to expired THREE (3) months, ZERO days from the date of this
`letter. Failure to respond within the period for response will
`cause the application to be abandoned. 35 U.S.C. 133.
`
`8. Any inquiry concerning this communicatiorr or earlier
`communications from the examiner should be directed to Dieu-Minh
`Le whose telephone number is (703) 305-9408. The examiner can
`normally be reached on Monday-Thursday from 6:30 AM to 4:00 PM.
`The examiner can also be reached on alternate Fridays.
`If attempts to reach the examiner by telephone are
`unsuccessful, the examiner's supervisor, Robert Beausoliel, can
`be reached on (703) 305-9173. The fax phone number for this Group
`is (703) 305-9124.
`Any inquiry of a general nature or relating to the status of
`this application should be directed to the Group receptionrst
`whose telel:hone number is (703) 305-3900.
`Any response to this action should be maiLed to:
`Commissioner of Patents and Trademarks
`Washington, D.C. 2023I
`or faxed to:
`
`ORACLE EX. 1002 (pg. 12)
`
`
`
`Serial Number:
`Art Unit z 2785
`
`08/820,5'13
`
`Page 13
`
`(703) ?08-9051, (for formal communications
`intended for entrY)
`
`Or:
`
`(703) 305-9124
`
`communj-cations '
`'' DRAFT '' )
`
`(for informat or draft
`please IabeI "PROPOSED" or
`
`Hand-delivered responses should be brought to Crystal Park II'
`
`212l Crystal Drive, Arlington' VA',
`
`Sixth Floor (RecePtionist)'
`
`,/
`
`-L,"r(/l-
`
`5i6u-rnuNH rHAI LE
`PRIMARY EXAMINER
`ART UNIT 2785
`
`DMI,
`November
`
`02, 1998
`
`ORACLE EX. 1002 (pg. 13)
`
`
`
`FoRM Pro e4t (REv.or-e) U.S. DEPARTMENT OF COMMERCE-Patent and Trademark Office
`
`Application No.
`
`NOTICE OF DRAFTPERSON'S
`PATENT DRAWING REVIEW
`
`The drawing filied (insert date)
`A. a,,
`notobjectedtobytheDraftpenonunder3TCFR l.84orl.l52.
`\<
`B.
`objected to by the Draftpenon under 37 CFR 1.84 or 1.152 as indicated below. The Examiner will require submission of new, conected
`drawings whlhecessary. Corrected drawings:must be submined according to the instructions on the back of this notice.
`
`l. DMWINGS. 37 CFR 1.84(a): Acceptable categories of drawings:
`Black ink. Color.
`Color drawing are not acceptable until petition is granted.
`
`Fig.(s)
`-
`Pencil and non black ink is not permitted. Fig(s)
`2. PHOTOGMPHS. 37CFR 1.84(b)
`Photographs are not acceplable until petition is granted,
`3 full-tone sets are requir€d. Fig(s)_
`Photographs not properly mounted (must brystol board or
`photographic double-weight pap€r). FiCG)_
`Poor quailty (half+one). Fig(sl__
`-
`3. TYPEOFPAPER. 37CFR 1.84(e)
`
`Paper not flexible, strong, white and durable.
`
`Fig.(s).
`Erasures, alterations, ovenvritings, interlineations,
`folds, copy machine marks not accepable. (too thin)
`Mylar, vellum paper is not acceptable (too thin).
`
`Fig(s)
`
`4. SIZE OF PAPER. 37 CFR 1.84(F): Acceptable sizes:
`21.0 cm by 29.7 cm (DIN size A4)
`21.6 cm by 27.9 cm (8 l/2 x I I inches)
`All drawings sheets not the same size.
`She.e(s)_
`5. MARGINS. 37 CFR l8.a(9: Acceptable ftrgins:
`Top 2.5 cm laft 2.5 cm Right 1.5 cm Bottom I .0 cm
`SI7F: 44 Size
`
`Top 2.5 cm Left 2.5 cm Right 1.5 cm Bottom 1.0 cm
`fl
`,SIZE:81/2xll
`I \,/
`-\
`\-d Mugins not;eeqptable. Fig(sE*_
`Y, rop6) t--X*ntr,l
`
`Right (R)
`
`Bouom (B)
`
`6. VIEWS.CFR 1.84(h)
`-
`-
`REMIMER: Specification may requirc revision to
`conespond to drawing changes.
`
`connected by projection lines or lead lines.
`Fi_e.(sI-
`-Views
`Partial views. 3? CFR 1.84(hX2)
`Brackets needed to show figure as one entity.
`Fig.(s)-
`Views not labeled separately or properly.
`Fig.(s)-
`Enlarged view not labeled separately or properly.
`Fig.(s)-
`
`-
`
`-
`
`-
`
`7. SECTIONAL VIEWS. 37 CFR 1.84(hX3)
`Hatching not indicated for sectional portions of an object.
`Fig.(s)-
`designation should be noted with Arabic or
`Roman numbers. Fig.6)-
`-Sectional
`8. ARRANGEMENT OF VIEWS. 37 CFR 1.84(i)
`Words do not appear on a horizontal, left-to-right fashion when
`page is either upright or turned, so that the top becomes the right
`side, except for graphs. Fig.(s)_
`Views not on the same plane on drawing sheet. Fig.(s)
`9. SCALE. 37CFR 1.84(k)
`Scale not large enough to show mechansim with crowding
`when drawing is reduced in size to two-thirds in reproduction.
`Fig.(s)-
`-
`10. CHARACTER OF LINES, NUMBERS, & LETTERS. 37 CFR 1.840)
`numbers & letten not uniformly thick and well defined,
`clean, durable and black (poor line quality).
`Fig.G)-
`-Lines,
`II.SHADING. 37 CFR 1.84(m)
`black areas pale. Fig.(s)
`
`black shading not permitted. Fig.(s)
`-Solid
`Shade lines, pale, rough and bluned. Fig.(s)
`-$slld
`12.NUMBERS, LETTERS, & REFERENCE CHARACTERS.
`-
`37 CFR l.a8(p)
`
`and reference characten not plain and legible.
`Fig.(s)-
`-Numbers
`legends are poor. Fig.(s)
`
`and refererrce characters not oriented in the same
`-liguyg
`direction as the vieu 37 CFR l.8a(p)(3) Fig.(s)
`alphabet not used. 37 CFR l.8a(p)(3) Fig.(s)_
`-Numbers
`Numbers, letten and reference characters must be at least
`-Engligh
`.32 cm (1/8 inch) in height. 37 CFR l.8a(p)(3)
`-
`13. LEAD LINES. 37 CFR l.8a(q)
`lines cross each other. Fig.(s)_
`L,ead lines missing. Fig.(s)
`-t*ad
`I4.NUMBERING OF SHEETS OF DRAWINGS. 37 CFR I.48(t)
`-
`
`not numbered consecutively, and in Ababic numerals
`beginning with number l. Fig.(s)_
`-Sheets
`15. NUMBERING OF VIEWS. 37 CFR 1.84(u)
`Views not numbered consecutively, and in Abrabic numerals,
`beginning with number L Fig.(s)_
`-
`16. CORRECTIONS. 37 CFR 1.84(w)
`
`:
`
`-
`
`Coneclions not made from PTO-948 dated
`17.DESIGN DRAWINGS. 37 CFR I.I52
`-
`shading shown not appropriate. Fig.G)_
`Solid black shading not used for color contrast.
`Fig.(s) -
`-Surface
`-
`
`{TTO PAPER NO.
`
`DATE q
`
`ORACLE EX. 1002 (pg. 14)
`
`
`
`REMINDER
`
`Drawing changes may also require changes in the specifi:ati:n' e'g" if
`Fie. I is changed t" Fi;:iA' ;;;' il' rig:.ii'"t"" ttt" tp"cification' at the
`Bief Descriptio" ottn?o?u*fgt' *"-iikewise fe changed' Please make
`such changes by 37 CFR l'312 Amend'"nt * the time of submitting
`
`drawing changes'
`
`INFORMATIONoNIIowToEFFECTDRAWINGCHANGES
`
`1, Correction of Informatities-37 CFR 1'85
`File new drawings with the changes incorporated therein- l::^:'oo"t"'ion'number:j'::::xt:Jf'ltilliiliii;
`',ffiilTil'fr f :ffifu n:'$!i;'iiiT:"lx'ft #-':;u;';'i[q^m;
`ffi : ffi i,-.$e.$ #ltl*'.';# m,q;q*fii! ll,, J"l"il"T :'I;' Ci* i''' o rhe d ra* n g
`TJJ,::iJ#ff
`
`,,1"'*"i'i'utt ^uo'"*'"i;;
`
`^
`
`ilt Drawing Review Branch'
`
`2. Timing of Corrections
`
`*
`
`"
`
`Failuretoukeconectiveactionwithtnset(orexte:nde,J)pcriodwiliresultinABAND(
`
`shoutd be filed as a separate paper with
`Ar,plicant is required to submit acceptable corrected drawings within the three-month shortened statutory perioc set
`,li* N",,." "io',"*-#r-1p"roi lll.'':ffiff,::;il,l;':fiii#:t,iill',##d::l'"1l*T*i;u
`:l;1ru j: f;:nTtJtT''i: "J:ilfi ru ;.'
`" " " r ee'r he rero re' ap pr i c an t s I
`as soon as possible'
`)NMENT of the Applicatron
`3. corrections other than rnfornrarities Noted by the Drawing Review llranch on the Form PTO 948
`A' changes to the drawings, other thaninforma'ties notc,J by the Drawing Review Branch" MUST be appro'ecby
`No.irnng"r'rnrtt u" p!'*iu"o to be made' other than cor'ectlon
`aiprication *i' o" "ii"*ed.
`rhe exarnine, u.torl'it "
`t'iJ"*urnint' hut ttpp'outd the proposed changes'
`.f informalit'"'' "i"t'
`
`ORACLE EX. 1002 (pg. 15)
`
`
`
`Notlce of References Clted
`
`Examlner
`
`DNU*PIINH /E
`
`DOCUMENT (lncluding Author, Title, Source, and Peninent Pages)
`
`U.S. Pat€nt md Tradomert Officc
`P'l"O-892 (Rev. 9-96)
`
`*A copy of this reference ls not being funished with this Office aciion.
`(See Manual of Patent Examining Procedure, SeAion 707.0S(a).)
`
`t
`Pxl ot Paper No. --__ .a(_ _
`
`"U.S. GPO: 1. 997 417 -3t1,1 !627 A,
`
`ORACLE EX. 1002 (pg. 16)
`
`
`
`Rev. 10/95
`
`PTOtSBl2l (modified)
`Approved for use through xxlxxlxx, OMB 0651-003'l
`Patent and Trademark Office: U.S. DEPARTMENT OF COMMERCE
`00/020,573 Sitk;f,HlVffi
`
`Patent and Trademark Office
`
`ffiA7rs
`
`TRANSMITTALTFORIS.
`(to be used for arr conesponadti&b)i*'o*ffibt,
`'i 1
`fited apptication) . " ", tgS$
`lh\\ I '
`
`'''l
`'l' it
`
`Total Number of Pages in This Subhitqsjo$ir
`
`ENCLOSURES (check all that apply)
`tr
`V f""Transmittal Form (in duplicate)
`tr Check Enctosed
`
`lssue Fee Transmittal
`
`Letter to Chief Draftsperson
`
`Formal Drawing(s):
`[ ] Sheet(s) of Figure(s) [ ]
`
`Appeal Communicatlon to Board of Appeals and
`Interferences
`
`nn t
`
`r
`
`tr
`
`Appeal Communication to Group
`(Appeal Notice, Brief, Reply Brief)
`
`Certified Copy of Priorig Document(s)
`
`After Allowance Communication to Group
`
`nt
`
`rnt
`
`r
`tr
`
`nt
`
`r
`tr
`
`gnt
`
`r
`tr
`
`nt
`
`r
`
`Refurn Receipt Postcard
`
`Response to Notice to File Missing Parts
`
`Assignment & PTO-1595
`
`Declaration
`
`Small Entity Statement
`
`Information Disclosure Statement & PTO-1449
`E Copies of IDS Cited References
`Request for Corrected Filing Receipt
`
`Request for Correction of Recorded Assignment
`
`tr
`tr
`g
`
`[9]Page(s)
`
`AmendmenVResponse:
`E efter Final
`I st"tr" Request
`tr Revocation and Power of Attorney
`
`REMARKS:
`
`SIGNATURE OF ATTORNEY OR AGENT
`
`CERTIFICATE OF MAILING
`I hereby certity that this conespondence, including th€ enclosures identified above, is being deposited with the United States Postal Service as
`first cfass mail in an envelope addrossed to: The Assistant Commissioner for Patents, Washingiton, O.C. m231 on the date shown belo/v. lf
`the Expr€ss Mail Mailing Number is filled in below, then this @nespondence
`is being deposited with the United States Postal Service "Express
`Mail Post Office to Addresseo" service pursuant to 37 CFR 1.10. -a
`Signature:
`
`ZA 4Ar/z
`
`Typed or Printed Name: I Brian M. Hoffman /
`Express Mail Mailing Number (optional):
`
`Dated: I l/Zt/l?
`
`Rev. 01/05/99
`
`ORACLE EX. 1002 (pg. 17)
`
`
`
`ii
`
`. .'l
`Jhll i
`
`ri.';
`'-
`
`0002/PTO(modified) "!Ls.'i96partmentofCommerce
`Rev. 10/95
`Patent and Trademark Office
`
`FEE TRANSMITTAL
`
`TOTAL AMOUNT OF PAYMENT
`Subtotal (l ) + Subtotal (2) + Subtotal (3) =
`
`PTO/SB/17 (6-95Xmodified)
`Approved for use through 11/30/96, OMB 0651-0032
`Patent and Trademark Office: U.S. DEPARTMENT OF COMMERCE
`
`3. ADDITIONAL FEES
`Laroe Entity Small Entity
`Fee Cod€/Fee Fee Code/Fee Fee Description
`105/$130 205/$65 Surcharge - late filing fee or oath
`1271$50 227t',25
`'t47t42,520 147$2,520
`115/$110 215l$55
`116/$380 216/$'190
`117/$870 217t$435
`118it1,380 218/$680
`128l$1,85{' 228t5525
`119/$300 2194150
`
`Surcharge-late provisional filing fee or cover sheet
`
`For filing a request for reexamination
`
`Extension for response within first monthi
`
`Extension for response within second monthr
`
`Exlension for response within third monthr
`
`ExtEnsion for response wiihin fourth monthr
`
`Extension for response within fifth monthl
`
`Notice ofAppeal
`
`Petition to revive unintentionally abandoned
`application
`
`Utility lssu€ Fe€
`
`(Or Reissu€)
`
`Design lssu€ Fe6
`
`Petitions to the Commissioner
`
`Petitions related to provisional applicatione
`
`Submission of lnbrmation Disclosure Statement
`
`Remrding each patent assignment per property
`(times number of properties)
`
`246l$380 Filing a submission after final r€iection
`(37 CFR 1.129(a))
`
`249ti38oForeachadditiona|inventiontobeexamined
`(37 CFR 1.129(b))
`
`Other fee (speciv:
`
`Other fee (specify)l
`
`1. The Gommissioner is hereby authorized to:
`I
`
`to the below
`Ctrarge the indicated f€€s
`m€ntioned deposit account.
`
`ffi
`
`Ctrarge any additional fee required under 37
`CFR 1 .1 6 and 1.1 7 or credit any over payments
`to the below mentioned deposit account. r
`f::] ChaA6 the lssue F€e set in 37 CFR 1.18 atthe
`Mailing of the Notice of Allowance,
`37 CFR 1.31 I (b) to the below menlioned
`deposit account.
`
`DepGlt Account Numberr 19-2555
`Deposlt Account Name: FENWICK & WEST LLP
`A Duplicate Copy of thls authorlzation l! attached
`2. l-
`
`Payment Enclosed:
`I lCheck [ ]Other
`
`Fee
`Small Entity
`Fee
`Fee tuetrc€
`Fee Cod€/Fe. Description Due
`1014760 201/t3SO Utility Filing
`1Os/$310 206/${55 Design Filing
`108/$760 208/$380 Reissue
`Filing
`214tt75 Provisional
`Filing
`suBrorAl (1) rim--*:_-l
`
`f4l$n
`
`Laroe Entity Small Entity
`Fee Cod€r/Fcs Fee Cod€/Fee F€€ Descriotion
`103/$18 203/$9 Claims in excess of 20
`1021$78 2O2l$35 Independent claims
`in excess of 3
`1041$260 2O4l$130 Multiple dependenl claim
`109/$78 209/$3S Reiisue independent
`claims over original pat€nl
`110/318 210ltS Reissue claims in excess
`of 20 and over original
`patent
`
`' subtract the sreater number of Cot 2
`SUBTOTAL (2) [-(-tji-l
`" tf the differcnce between Col. 1 and Cot. 2 is less than zero, then enter'0" iffoE-
`
`I Requestfor Extension of nme pet 37
`
`:136 (a)(3) nade hereby
`
`Rev.01/21l99
`
`ORACLE EX. 1002 (pg. 18)
`
`
`
`I-.--.-
`
`t
`
`t?19i$.i
`
`Jlf,l
`
`APPLICANT:
`SERIAL NO.:
`FILING DATE:
`TITLE:
`
`EXAMINER:
`GROIJP ART UNIT:
`ATTY. DKT. NO.:
`
`IN THE UNITED STATES
`
`PATENT AI\D TRADEMARK OFFICE
`
`Henri J. Isenberg
`
`lrl
`Tffi: :i,,i! ft
`
`Gr+;,1i3 iiii:ii]
`
`081820,573
`March t9,1997
`SYSTEM AND METHOD FOR AUTOMATICALLY
`MAINTAINING A COMPUTER SYSTEM
`Dieu-Minh Thai Le
`
`2785
`
`2613
`
`CERTIFICATE OFMAILING
`I hereby certify that this conespondence is being deposited with the United States Postal Service as first class mail in an
`envelope addressed to: Assistant Commissioner For Patents, Washington, D.C. 20231, on the date
`
`Dated:
`
`By:
`
`ASSISTANT COMMISSIONER FOR PATENTS
`WASHINGTON, DC. 20231
`
`AMENDMENT A UNDER 37 CFR 1.1 1 1
`
`SIR:
`
`In response to the office action dated November 6, 1998, please amend the above-
`
`referenced application as indicated below.
`
`In the Claims
`
`Please
`
`tt'
`
`,/
`cancel claims 3
`
`, 16, and 19.
`
`1.
`having a processor and a memory, the tool comprising:
`
`(Amended) A tool for automatically maintaining a computer system
`
`a knowledge database stored in the memory and holding a plurality of cases
`
`finformation] describing potential computer problems and corresponding likely solutions;
`
`a plurality of sensors stored in the memory and executing on the processor and
`
`adapted for gathering data about the computer system, storing the data in the knowledge
`
`il'
`
`).,,
`
`ORACLE EX. 1002 (pg. 19)
`
`
`
`database, and detecting whether a computer problem exists from the data and the pluraltiy
`
`ofcases; and
`
`an AI engine stored in the memory and executing on the processor in response to
`
`detection of a computer problem and utilizing the plurality of cases [information in the
`knowledge database] to determine a likelv solution to [solve] the detected computer
`problem, wherein
`
`when [if] the knowledge database lacks data necessary to determine a
`likely solution to [solve] the computer problem, the AI engine activates a particular
`sensor in the plurality of sensors to gather the necessary data and store the data in the
`
`knowledge database*gndluhergig
`
`when the knowledge database does not describe a likely solution to the
`
`computer problem. the AI engine saves the gathered data in the knowledge
`
`database as a new case.
`
`2.
`(Amended) The tool of claim 1, wherein [the information describing
`potential computer problems is stored in cases, and] each case comprises:
`
`at least one question asking about a particular aspect of the computer
`
`system that can be answered by the data gathered by the plurality of sensors; and
`
`at least one action describing a likely solution to [how to solve] a potential
`computer problem stored in the knowledge database.
`
`(Amended) The tool of claim 2, wherein the AI engine executes a
`
`a1ttl
`particular sensor of the plurality of sensors to carry out a likely solution to fan action
`solving] the computer problem detected by the plurality of sensors.
`
`-2-
`
`2U23lO26t3lEt9373 y
`
`fl,'
`
`r
`
`ORACLE EX. 1002 (pg. 20)
`
`
`
`1
`(Amended) The tool of claimyf,wherein the particular sensor requests
`
`that a computer user carry out the likely solution to [action solving] the computer
`
`r 1/
`
`problem.
`
`6.
`plwality of sensors gather data about the computer system by observing the computer
`
`(Unchanged) The tool of claim 1, wherein first selected ones of the
`
`system and second selected ones ofthe plurality ofsensors gather data about the
`
`computer system by requesting data from a corpputer user.
`
`h /
`comprising the steps of:
`
`(Amended) A method of optimizing a computer system, the method
`
`detecting a problem in the computer system;
`
`activating an AI engine in response to the problem detection;
`
`utilizing, by the AI engine, selected ones of a plurality of sensors to gather
`
`information about the computer system; [and]
`
`determining, by the AI engine, a likely solution to the problem from the
`
`gathered information; angl
`
`when a likely solution cannot be determined, saving a state of the
`
`computer system.
`
`8.
`plurality of sensors.gather information by requesting input from a computer user.
`
`(Unchanged) The method of claim 7, wherein the selected ones of the
`
`lA ,
`b l.
`comprises the substeps of:
`
`It
`(Amended) The method,of claim/, whereinJhe determining step
`
`inferring the likely solution to the problem from questions, actions, and rules
`
`contained in a knowledge database; wherein
`-3-
`
`ze4z3roz6r3t'r9373v
`
`I
`
`RL(
`I
`
`ORACLE EX. 1002 (pg. 21)
`
`
`
`ln
`,v'
`
`the AI engine utilizes the selected ones of the plurality of sensors to gather
`
`information when the knowledge database lacks information necessary to answer a
`
`question.
`
`10. (Unchanged) The method of claim 9, wherein the AI engine uses forward
`chaining to infer the solution.
`
`11. (Unchanged) The method of claim 9, wherein the AI engine uses
`backward chaining to infer the solution.
`
`/,
`
`12. (Unchanged) The method of claim 7, wherein the AI engine is a case-
`based inference engine.
`
`,v
`
`(Amended) The method of claimf further comprising the step of:
`
`applying, by selected ones of the plurality of sensors, the likely solution to
`
`the computer system.
`
`'T
`
`the substep of:
`
`t7
`(Amended) The method of claim ll,whereinthe applying step comprises
`
`requesting that a computer user apply the likely solution.
`
`15. (Unchanged) The method of claim 7, wherein the detecting step
`comprises the substeps of:
`
`periodically activating selected ones of the plurality of sensors to gather
`
`information about the computer system; and
`
`analyzingthe infcrmation to determine whether a problem exists.
`
`-4-
`
`20423t026t3t8t9373 V
`
`il{
`
`v,
`
`r!
`
`IIiIII I I
`
`Iq
`
`ORACLE EX. 1002 (pg. 22)
`
`
`
`klf
`least one [particular ones of the plurality of] sensor[s] senseg information about the
`
`(Amended) The program storage device of claim-lffl6], wherein the at
`
`computer system by requesting information from a computer user.
`
`n^"h,'lF (Amended) rheprogramstorage d"u'*or"&ffio"in
`/'pt
`step comprises the substep of..---
`
`{""ting
`
`ivating the at least one sensor to gather information about
`
`Please add new claim 20 as follows:
`l5N (New) A program storage device readable by a computer system, the
`program storage device tangibly embodying a progrcm of instructions executable by the
`
`computer system to perform method steps for automatically maintaining the computer
`
`system, the program storage device holding instructions for:
`
`sensing information about the computer system by at least one sensor;
`
`determining whether a computer problem exists from the sensed information;
`
`searching a plurality of cases with the sensed information to determine whether a
`
`likely solution to the computer problem exists;
`
`when additional information is needed to determine a likely solution to the
`
`computer problem, activating the at least one sensor to sense the additional information;
`
`and
`
`. when a likely solution to the computer problem does not exist, saving the sensed
`information as a new case of the plurality of cases.
`
`TTEMARKS
`
`Claims 1-19 are pending and stand rejected, In response, claims 1,2,4,5,7,9,
`
`13,14,l7,arrd.l8 are amended and claims 3,16, and 19 are canceled. New claim 20 is
`
`added. Claims 1,2,4-15, and 17-18, and20 are now pending.
`
`-5-
`
`2m23t02613/8r9373