67274 U.S. PT,O
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`I I IIIII IIIII Ill\ I II Ill IIIII 1\11 I 11 II I II\ II I\\ I I I II
`03/25/11
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`Control No.
`Patent No.
`Filed
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`: 90/011,014
`: 5,832,494
`:May 26, 2010
`
`Art Unit
`Examiner
`Conf. No.
`
`:3992
`:Joshua D. Campbell
`:6009
`
`Title: METHOD AND APPARATUS FOR INDEXING, SEARCHING, AND DISPLAYING
`DATA
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`Mail Stop Ex Parte Reexam
`Central Reexamination Unit
`Commissioner for Patents
`United States Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`AMENDMENT AND REPLY
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`This Amendment and Reply is in response to the non-final Office Action dated January
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`25, 2011.
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`Amendments to the claims begin on page 2 of this paper.
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`A Listing of the Status of Claims and Support for Claim Changes begins on page 7 of this
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`paper.
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`Remarks begin on page 8 of this paper.
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`001
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`Attorney's Docket No.: 3905-101
`Control No. 90/011,014
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`Remarks
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`I. Introduction
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`U.S. Patent No. 5,832,494 ("the '494 patent") is generally directed to systems and
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`methods for computerized indexing and searching of a database. The textual objects and other
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`data in the database may be indexed by creating numerical representations for a set of objects
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`chosen for indexing from the database. See Abstract. An indexing technique, referred to as
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`"proximity indexing," generates representations of relationships, patterns,· or similarity to
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`determine the degree of relatedness of database objects. In claimed embodiments, the invention
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`employs a duster link generation algorithm which uses links and nodes to generate
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`mathematically derived relationships called "cluster links." The cluster links are used to
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`proximity index a database. See id.
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`Further, the inventive method may generate "candidate cluster links" and derive "actual
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`cluster links" to determine the strongest cluster link relationships in the database to efficiently
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`analyze a data base. Col. 21, I. 45 - col. 24:15, I. 1. Only a subset of the candidate cluster links,
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`the "actual cluster links," need be used in the proximity index and may be selected based on
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`certain criteria. See col. 22, ll. 1-4. A cluster link generator is a specific type of a patterner, and,
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`as such, its output is used to support the pool and single node search routines of the CSPDM.
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`CoL 21 :30-33; see, e.g.; Step 460 of Fig. 4H. Ranks and other values for the search nodes (i.e.,
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`nodes that are analyzed for searching) of the pool based and single node search routines are
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`generated using cluster links. See, e.g., Step 464 and 460 of Fig. 4H. Cluster links, like other
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`values of a proximity index, are stored for use in searching (i.e., stored prior to the initiation of a
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`search and used to search for objects or generate values used to search for objects). Col. 21:30-
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`002
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`Attorney's Docket No.: 3905-101
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`33. The claims of the '494 patent are directed to several embodiments ofthe inventive computer
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`research tools for indexing, searching, and displaying data detailed in the specification.
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`Limitations such as "generating candidate cluster links," "deriving actual cluster links" and
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`"determining the weight of the path using the retrieved direct links" are all related to the analysis
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`and display of indirect relationships (i.e., inherent relationships 1 of objects related through a
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`chain of referential citations) in a database. The analysis and display of indirect relationships is
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`an important aspect of the invention.
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`On May 26,2010, the Third Party submitted its Request for Ex Parte Reexamination
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`("the Request") of claims 1-3, 5, 7-16, 18-21 ,23-25, and 31-33 ofthe '494 patent. On August 6,
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`2010, the Request was granted and an Office Action issued January 25, 2011 (''the Office
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`Action") rejecting each of claims 1-3, 5, 7-16, 18-21, 23-25, and 31-33. Patent Owner
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`respectfully submits that the cited references do not anticipate or render obvious the subject
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`matter of any of the rejected claims ofthe '494 patent. Accordingly, all rejections are traversed,
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`and reconsideration is respectfully requested.
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`Furthermore, Patent Owner submits that the new claims are patentable for at least the
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`reasons discussed below.
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`II. Claimed Invention
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`The claims of the '494 patent may be grouped broadly into three categories:
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`1 "Direct relationship" and "citations" are inherent referential relationships between database
`objects. An inherent relationship is a referential relationship that exists within the database
`object to another database object and is not merely imputed or inserted as part of the
`subsequent proximity analysis of the database. For example, a hyperlink citation reflecting a
`reference placed by an author on the web is an inherent link, whereas a hyperlink subsequently
`generated to reflect a semantical word match that is imputed as part of analyzing the database
`is not an inherent relationship or non-semantical relationship.
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`003
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`Attorney's Docket No. : 3905-101
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`• Claims 1-3, 5, and 7-16 ("the cluster link claims")
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`• Claims 18-21 ("the stored numerical representation claims")
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`• Claims 23-25 and 31-33 ("the nodes and links claims")
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`Though each set of claims requires analysis of indirect relationships, each set uses different
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`terminology to claim the respective indexing methods.
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`All of the cluster link claims recite the limitation of analyzing "indirect relationships,"
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`and, therefore, require an analysis of non-semantical relationships. See discussion infra, pp. 1 2-
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`27 (claim interpretation). Claim 1 is representative of the cluster link claims and is directed to a
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`method for analyzing indirect relationships in a database having links and nodes by generating
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`candidate cluster links then deriving actual cluster links for use in displaying the identity of one
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`or more nodes:
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`A method of analyzing a database with indirect relationships, using links and
`nodes, comprising the steps of:
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`selecting a node for analysis;
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`generating candidate cluster links for the selected node, wherein the step of
`generating comprises an analysis of one or more indirect relationships in the
`database;
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`deriving actual duster links from the candidate cluster links;
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`identifying one or more nodes for display; and
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`displaying the identity of one or more nodes using the actual cluster links.
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`Col. 51, 11. 37-48 (emphasis added). Claim I recites a method that mathematically represents the
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`relationship (i.e., duster link) between two nodes as measured by the potentially multiple
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`pathways of direct links (e.g., citations) between objects in databases.
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`004
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`Claim 19 is a stored numerical representation claim and is directed to a method of
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`analyzing a database having objects and a first numerical representation of direct relationships
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`that includes generating and storing a second numerical representation that accounts for indirect
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`relationships in the database, where the generating step comprises:
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`selecting an object in the database for analysis;
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`analyzing the direct relationships expressed by the first numerical representation
`for indirect relationships involving the selected object; and
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`creating a second numerical representation of the direct and indirect relationships
`involving the selected object.
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`Col. 53, 11. 40-48. This claim requires creating a numeric representation of both direct and
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`indirect relationships and then storing this representation for searching.
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`Claim 23 reads:
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`A method of representing data in a computer database with relationships,
`comprising the steps of:
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`assigning nodes node identifications;
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`generating links, wherein each link represents a relationship between two nodes
`and is identified by the two nodes in which the relationship exists;
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`allocating a weight to each link, wherein the weight signifies the strength of the
`relationship represented by the link relative to the strength of other relationships
`represented by other links; and
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`displaying a node identification.
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`Col. 54, ll. 22-32. This claim requires a link weight for links that represent non-semantic
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`relationships. See discussion infra, pp. 58-59.
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`005
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`Attorney's Docket No.: 3905-101
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`III. Claim Interpretation
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`The ' 494 patent discloses computer research tools for indexing, searching, and displaying
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`data. Claims 1-3, 5, 7-16, and 18-21 require the analysis of indirect relationships in a database to
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`generate numerical representations. The limitations of the claims use phrases such as "indirect
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`relationships," "generating candidate cluster links for the selected node," "deriving actual cluster
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`links," and "storing the determined weights as candidate cluster links." While the individual
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`terms (e.g. , link, node, or cluster) may be common in the field of information retrieval, these
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`phrases, as used in the claims, do not have a general meaning in the art and describe specific
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`concepts unique to the '494 patent. Accordingly, their meaning must be considered in the
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`context of the claim and informed by their description within the specification. My Mail, Ltd. v.
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`Am. Online, Inc., 476 F.3d 1372, 1376-78 (Fed. Cir. 2007); see also lntervet Inc. v. Merial Ltd.,
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`617 F.3d 1282, 1287 (Fed. Cir. 2010) ("Idiosyncratic language, highly technical terms, or terms
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`coined by the inventor are best understood by reference to the specification."). As detailed in the
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`attached expert declaration, one of ordinary skill in the art would understand with respect to the
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`definition of cluster link as claimed in the cluster link c1aims that:
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`• A "cluster link" is a mathematical relationship between two nodes defined by
`mathematically analyzing direct link weights in a set of paths existing
`between two database objects.
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`o A "direct link" is a numerical representation of a relationship where
`one node cites another node.
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`• The claimed step of "generating candidate cluster links" or "cluster link sets"
`including an analysis of indirect relationships entails:
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`o generating values representing relationships by analyzing paths
`expressed by direct citation relationships between objects in a
`database,
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`006
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`Attorney's Docket No. : 3905-10 I
`Control No. 90/011 ,014
`Page 75
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`Conclusion
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`For the foregoing reasons, Patent Owner respectfully requests reconsideration and
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`withdrawal of each of the rejections of Issues 1-6 and a statement that all the claims subject to
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`reexamination, along with the newly added claims, are in condition for certification.
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`Please charge the required fee in connection with this submission, including any
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`necessary extension of time fees, or any additional fees or credits to Deposit Account No. 02-
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`2135.
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`If the Examiner believes, for any reason, that personal communication will expedite
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`consideration of this response and the amendments presented herein, the Examiner is invited to
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`telephone the undersigned at the number provided.
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`Respectfully submitted,
`Software Rights Archive, LLC
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`March 25, 2011
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`ROTHWELL, FIGG, ERNST & MANBECK, PC
`
`1425 K Street, NW
`Suite 800
`Washington, DC 20005
`TEL: (202) 783-6040
`FAX: (202) 783-6031
`E-MAIL: nlinck@rfem.com
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`007
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