Patents

Decision Information

Decision Content

                       Commissioner's decision

 

Section 2: Pattern Recognition System

A system utilizing a threshold value for accepting or rejecting further samples

for pattern recognition is acceptable subject matter under Section 2.

 

Final Rejection - reversed.

 

This decision deals with Applicant's request for review by the Commissioner

of Patents on Application 336,917 (class 354-227) filed on October 3, 1979,

assigned to Hajime Industries Ltd. and is entitled "Standard Memory Take In

Method". The inventor is Yoshida Hajime. The Examiner in charge issued a

Final Action on May 19, 1982 refusing to allow the application.

 

This application relates to a pattern recognition system wherein there is

formed a standard memory system containing numerous different examples of

objects or patterns thereof to be recognized. Forming the standard memory

take-in system comprises the steps of storing data representing a first

sample in a memory, calculating a difference between data representing a

second sample and data representing a first sample, storing the data

representing a second sample in the memory if the differences exceeds the

predeterminated threshold values, calculating differences between data

representing a subsequent sample and data representing each sample stored

in the memory, and storing the data representing a subsequent sample in the

memory if all of the differences of the objects exceed the threshold

values.

 

In refusing the application and claims in his Final Action as not

patentable under Section 2 of the Patent Act, the Examiner stated (in

part):

 

... Applicant has attached a United States submission to the

letter of January 7, 1982. Page 6 of the submission (line 9)

states: "as in the present instance, a standard general purpose

computer of the prior art was satisfactory for performing the

method claimed". Also on line 20 of page 6 of the United

States submission it is stated: "the apparatus for the present

method is conventional". Thus applicant is not claiming a

method"carried out with a specific novel computing apparatus"

as set out in guideline 5 on page xxvi of the Canadian Patent

 

Office Record of August 1, 1978 wherein a Commissioner's

Decision re computer programs is cepnrred- The process claimed

is merely an algorithm for processing information since it is

carried out solely in a general purpose computer (as affirmed

in the letter of April 22, 1982).

In the letter of April 22, 1982 applicant states that the

application is directed to a method of pattern recognition.

This assertion is contrary to claim 1 which directs the method

to a standard memory take-in method. The resulting memory is

used in a pattern recognition system but the method claimed is

not the method of operation of a pattern recognition system

(see page 1 line 6). Rather, the method claimed is an

algorithm for deciding if data presented to a memory is to be

stored or discarded. The criteria for deciding if presented

data is to be stored is the degree of similarity between the

presented data and data already stored. Thus the process

claimed is carried out solely in a general purpose computer and

is not a method of pattern recognition.

Applicant states in the letter of April 22, 1982 that the

method includes "multiplication of a threshold". This step is

not found in the claims nor disclosure. Clarification of the

relevancy of applicant's remark is requested. Also

clarification of the term "patent" on line 8 paragraph 4 of the

letter of April 22, 1982 is required. Is "pattern" intended?

The application remains rejected as being directed to

non-statutory subject matter in view of the definition of

invention in Section 2 of the Patent Act.

In response to the Final Action the applicant submitted an amended single

claim to replace the two claims on file and requested a review. Amended

claim 1 reads as follows:

A method of entering data into a memory store to form a

standard for recognizing that any one of a set of patterns

belongs to a particular pattern group, each pattern being

formed by a plurality of elements having respective locations

within the pattern, the method comprising the steps of

a) consecutively sampling a set of patterns to provide

respective data signals representing the respective

locations of elements in each sample pattern;

b) storing the data signals from a first sa~aple, whereby the

stored data signals are unconditionally adopted as part of

said standard;

c) comparing the data signals from a second sample with the

stored signals from the first sample to determine the

difference;

d) comparing the difference with a predetermined initial

threshold value Which represents an acceptable dev;ation of

the location of elements inthe first samg`e from the

location of elements in a reference pattern;

e) storing the data signals from the second sample, if the

difference is greater than the threshold value, as part of

said standard, the data signal from the second sample not

being stored if the difference is less that the threshold

value;

      f) providing a new threshold value, as a result of the

 comparison step (d);

 

      g) checking whether or not the memory store is filled to

 capacity with data signals and continuing the sampling until

 the memory store is filled and said standard has been

 completed, said samplings being continued by;

 

h) repeating steps (c) to (f) with data signals from a third

 sample, wherein the latter data signals are compared with

 the stored data signals and the third sample data signals

 are stored if the differences between the third data signals

 and the stored data signals is greater than the current

 threshold value, and so on, with data signals from a fourth,

 fifth ... sample, whereby the threshold value is thereby

 continuously updated.

 

 The issue before the Board is whether or not the application and amended

 claim are directed to patentable subject matter in view of Section 2 of the

 Patent Act.

 

 We look to the decision in Schlumberger Canada Ltd. v. The Commissioner of

 Patents (1981) 56 CPR (2d) at 204 in determining whether the application is

 directed to statutory subject matter, and in particular to the following

 passages of Pratte, J.:

 

 In order to determine whether the application discloses a

 patentable invention, it is first necessary to determine what,

 according to the application, has been discovered.

 

 and

 

 I am of opinion that the fact a computer is or should be used

 to implement discovery does not change the nature of that

 discovery. What the appellant claims as an invention here is

 merely the discovery that by making certain calculations

 according to certain formulae, useful information could be

 extracted from certain measurements. This is not, in my view,

 an invention within the meaning of Section 2.

 

 Applicant has described a method of pattern recognition which he states

 "lies in the novel manner and the whole concept of utilizing threshold

 values of a signal which is a function of the characteristics of the

 pattern to be read and comparing it with a staunch standard signal followed

 by the multiplication of a threshold inseriatum so that the threshold value

 is varied according to external conditions". By calculating the difference

 between data representing a new sample and previously stored data

 representing previous samples the applicant is able to reduce the memory

requirements for a standard memory in a pattern recognition system by

establishing acceptable threshold values for new data to be stored in the

system. When a new sample falls within the acceptable threshold values it

is not stored as representing a useful new example but if it falls outside

the threshold values it is stored as part of a standard for the pattern.

In our view the system provides a useful end result by utilizing a

threshold value for accepting or rejecting further samples for pattern

recognition. We are satisfied that the application is directed to

patentable subject matter.

 

We note that the amended claim defines a method of pattern recognition of

similar pattern groups wherein data signals of the groups are compared

along with differences from the predetermined initial threshold values

assigned to them and subsequent, calculated threshold values to determine

storage of data signals. We are satisfied the application discloses and

does claim features of recognizing patterns of objects that present more

than calculations to convert a set of values into another set of values.

We are persuaded that the claim is directed to allowable subject matter,

and in the absence of any cited art, may be allowable.

We recommend that the rejection of the application for being directed to

non-statutory subject matter, be withdrawn.

 

M.G. Brown                                S.D. Kot

Acting Chairman                           member

Patent Appeal Board

 I concur with the findings and recommendations of the Patent Appeal Board.

Accordingly, I withdraw the Final Action, and I am remanding the

application to the Examiner for prosecution consistent with the

recommendation.

 

J.H.A. Gari‚py

Commissioner of Patents

 

Dated at Hull, Quebec

this 10th day of June 1987

 

Cowling & Henderson

Box 466, Terminal a

Ottawa, Ontario

K1N 8S3

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.