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NON-STATUTORY Section 2:              Communication System

 

Communication between computer systems wherein data transfer without

having the central processing unit tied up at all times by the use

of a single sender buffer is acceptable under Section 2. Amendments

submitted after the Final Action.

 

Final Action - Withdrawn

 

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

missioner of Patents of the Final Action on application 364,506 (Class

340-82) filed November 12, 1980, assigned to Fujitsu Limited entitled

INTER-SUBSYSTEM COMMUNICATION SYSTEM. The inventors are T. Tsuchimoto; S.

Kaneda; T. Miyazawa; T. Shimada; H. Suzuki; M. Sanagi and K. Hiraoka. The

Examiner in charge issued a Final Action an June 23, 1983, refusing to

allow the application. A Hearing was held on November b, 1987, at which

Applicant was represented by his Patent Agent, Mr. V. Marston.

 

This invention relates to a system for establishing communication between a

plurality of computer systems wherein data transfer utilises a data

processing system having sender and receiver subsystems operating under the

control of an independent or common operating system. Figure 4 and amended

figure 10 shown below are illustrative of the application.

 

(See figure IV)

(See figure X)

 

The communication system in Figure 4 shows subsystem 1 provides the sending

side and subsystem 2 is the receiver side. When one-way communication for

the reverse direction is provided, a two-way communication path can be

realized between the subsystems. The programs in the sender subsystem

writes the queue element format data into the sending buffer specified by

the enqueue pointer of the sending buffer control block and instructs data

transfer to the communication path by updating said enqueue pointer.

 

In rejecting the application in view of Section 2 of the Patent Act for not

being directed to statutory subject matter, the Examiner says, in part, as

follows:

 

Having some parts of a computer memory (or store)

designated as "buffers" merely means that some particu-

lar memory locations of the computer store some parti-

cular data, Which is commonplace in computers; the

determination of which data to store in which memory

location is determined by computer program. This, too,

is commonplace.

 

The use of "buffer memories" to accommodate incoming-

outgoing data constitutes the obvious use of "buffer

memories" for their intended dictionary-defined pur-

poses, namely, to store incoming or outgoing data.

 

"Said sender subsystem has a sending buffer address

table having n entries while the receiver subsystem

has a receiving buffer address table" (lines 3-4):-

 

These "tables" are part of a program, and not physical

entities.

 

"Each of said entries (BAW) contains a header address

information (BA) of corresponding said sending and

receiving buffers and the length information or the

final address information (BL) of the relevant

buffer" (lines 5-8):-

 

These "address informations" and "length informations"

are part of a program and not physical apparatus.

 

                           . . .

 

It is held that the purported apparatus of Fig. 10 has

no inherent property or capacity to supply the func-

tions (such as above) of claims 1 etc.

 

It is further held that the purported apparatus of

Fig. 10 would be capable of supplying those functions

only by virtue of operating under the specific control

of a specific program and not otherwise.

 

This view is held to be reinforced by the bulk of the

disclosure on pages 5, 6, 7, 8, 9 and 10 which disclose

the claimed results as having been achieved by means of

programming. ...

 

...It should be noted that every program could be re-

garded as resulting in a different configuration of a

computer memory location and of their interrelation-

ships, and could therefore be argued as resulting in a

new computer-apparatus. Such view that "the apparatus

must be novel because the program is novel" has, how-

ever, not been upheld by jurisprudence. ...

 

In response to the Final Action, the Applicant submitted amended claims 1

to 13, replaced cancelled pages 1 to 13 of the disclosure with pages 1 to

18 and amended figure 10 as well as requesting permission to add new

figures 11 and 12. The applicant stated (in part):

 

   The present invention is directed to a computer sys-

tem which eliminates the need to issue a start I/O

command to a communication channel in a processing sys-

tem. This elimination of the start I/0 command reduces

significantly the input-output processing overhead in

the main CPU. The communication channel monitors the

contents of enqueue and dequeue pointers to determine

whether data should be sent to the communication chan-

nel of another computer system. When data is available

for transmission, the channel issues a send request

command to the channel of the other communication sys-

tem and then waits on a receive-ok command. When the

receive-ok command is received, the channel retrieves

the data to be sent from main storage and stores it in

local storage after which the channel sends the data in

units of a block to the other subsystem. After the

last block is sent, the channel waits for an end re-

porting command from the channel of the other computer

system, then proceeds to update the dequeue pointer.

After the dequeue pointer is updated, the channel

checks to see if another queuing element is ready for

transmission.

 

...Although the system operates under program control

and manipulates data, claim 1 is directed to a combina-

tion including hardware elements and does not merely

claim a program or algorithm per se. It is submitted

that in Canada, as in the United States, it is improper

to isolate particular steps of a claim directed to cal-

culations or program steps and then reject the entire

claim as being directed to non-statutory subject

matter. Doing this would fail to take into account the

very real physical meaning of the invention. ...

 

...No doubt there are numerous Canadian patents having

claims which include steps of calculating, specific

formulae, or steps carried out by a program but, as is

clear from the foregoing, it is the combination as a

whole which determines whether the claim is directed to

statutory subject matter and not individual elements of

the claim. As the claims clearly include physical

steps or apparatus and not merely calculations or the

like, it is submitted that they are directed to statu-

tory subject matter. ...

 

The issue before the Board is whether or not the subject matter of the

application is patentable in view of Section 2 of the Patent Act. The

amendments submitted in response to the Final Action have been considered.

 

Claim 1 now reads:

 

An intercomputer system communication system in a

data processing system comprising first and second sub-

systems each having main storage and each operating

under the control of an operating system; said first

subsystem further comprising a sender subsystem having

n sending buffers in the respective main storage; said

sender subsystem further comprising a sending buffer

address table in the respective main storage having n

entries; said receiver subsystem further comprising a

receiving buffer address table in the respective main

storage having m entries; each of said n and m entries

comprising header address information for corresponding

said n sending and m receiving buffers and length in-

formation for the respective buffer; said sender sub-

system further comprising a sender buffer control data

block in main storage including: a header address for

the sending buffer address table; said n entries in

said sending buffer address table; an enqueue pointer

which indicates which of said n entries is to be en-

queued next; and a dequeue pointer which indicates

which of said a entries is to be dequeued next into the

respective main storage; said receiver subsystem

further comprising a receiver buffer control data block

in main storage including: a header address for the re-

ceiving buffer address table; said m entries in said

receiving address buffer table; an enqueue pointer

which indicates which of said m entries is to be en-

queued next; and a dequeue pointer which indicates

which of said m entries is to be dequeued next into

respective main storage; and said communication system

further comprising a communication unit, operatively

connected between said sender subsystem and said re-

ceiver subsystem, for transferring data stored in said

n sending buffers of the sender subsystem to said m

receiving buffers of the receiver subsystem.

 

During the Hearing, the Examiner maintained that the claimed features can

only be found in the form of a program and not in the physical entities.

Further, he emphasized that any physical entities mentioned in the claims

are standard components of any computer and when looking at the claimed in-

ventive features, they are not in physical form but only in the form of a

program.

 

Mr. Marston stated that the applicant's system has arparatus such as stor-

age systems and C.P.U.'s arranged in a manner different from any known

system. He points out that the applicant's system, as explained in the

disclosure, enables the transfer of data without having the C.P.U. tied up

at all times by utilizing data stored in a single sender buffer area, game-

ly the queue element.

 

In assessing the kind of subject matter presented by Applicant, we are

guided by the decision in Schlumberger Canada Ltd. v. The Commissioner of

Patents (1981) 56 C.P.R. (2d) at 204, and the following passages of Pratte,

J.:

 

In order to determine whether the application discloses

a patentable invention, it is first necessary to deter-

mine what, according to the application, has been dis-

covered.

 

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.

 

It is clear that the applicant shows a communication system operation be-

tween computer systems wherein data transfer processing utilizes sender and

receiver subsystems operating under the control of an independent or common

operating system. The sender subsystem has the sending buffer address

table having n entries while the receiver subsystem of the receiving buffer

address table having m entries on their respective main stores. Further

the sender system has a buffer control block wherein an enqueue pointer in-

dicates a buffer address stored in the table to be enqueued and a dequeue

pointer to indicate a buffer address being stored in the table to be de-

queued next on the register of the relevant sender subsystem. We note that

the applicant uses a dedicated arrangement between sender subsystems and

receiver subsystems for a one-to-one relationship instead of the conven-

tional inter- channel connection system utilizing communication between

multiprocessors as conventionally used. We are satisfied in view of

Schlumberger, supra, that the application presents patentable subject

matter under Section 2 of the Act.

 

Looking at the amended claims, we see that they are directed to an inter-

computer system communication system and, in our opinion, they are directed

to the invention described in the application.

 

We find, therefore, that the application discloses a communication system

that pertains to more than merely performing calculation steps to derive

particular measurements. In the absence of any cited art, we are satisfied

that the application is directed to patentable subject matter and may be

allowable.

 

We recommend the withdrawal of the rejection of the application for being

directed to non-statutory subject matter.

 

M.G. Brown                                  S.D. Kot

Acting Chairman                             Member

Patent Appeal Board

 

I have reviewed the prosecution of the application. 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 Exami-

ner for prosecution consistent with the recommendation.

 

J.H.A. Gari‚py

Commissioner of Patents

 

Dated at Hull, Quebec

this 17 day of February 1988

 

Fetherstonhaugh & Co.

Box 2999. Station D

Ottawa, Ontario

K1P 5Y6

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