Patents

Decision Information

Decision Content

                                    Commissioner's Decision

 

Computer Related, Sec 2: Detection of Interferences

 

Claims were rejected in the Final Action for being broad enough

to encompass a general purpose computer. Amended claims contain

additional means which may be acceptable as a sufficient

combination of elements if no art is applied.

 

Final Action: Amended claims to be considered.

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

of Patents of the Final Action on application 284,910 (Class 354-233) filed

August 17, 1977. Assigned to Honeywell Information Systems Inc. it is

entitled APPARATUS FOR THE MULTIPLE DETECTION OF INTERFERENCES. The

inventor is Mario G. Trinchieri. The Examiner in charge issued a Final

Action on July 23, 1980, refusing to allow the claims. Subsequent to the

response to the Final Action, the Applicant submitted a letter of amendment

on August 28, 1987.

 

The application relates to a data processing system having mechanisms and

methods for providing protection for the system to carry on its activities

with a degree of simultaneity when one or more of the system's resources

may be required by more than one activity at the same time. The mechanisms

and methods further provide for protection against additional

inconveniences, for example, excessive space requirements for temporary

storage of uncleared versions of the resources, interference protection of

processes in a multiprogramming/multiprocessing environment, and secondary

aborts. The application refers to the firmware/hardware implementations of

the arrangement of the protection mechanisms by means of block diagrams in

various drawings and corresponding texts in the disclosure. The protection

mechanism tools include a utilization table per resource, a matrix of

relations for each non cleared process, and affected resources lists for

mechanisms wishing to use the resources. These tools identify the

relationships among the processes in use, and select alternate logical

sequences when common resources are demanded by the processes and

interferences occur in accessing the resources. The known structures shown

by figures 10 to 13 illustrate where the protection mechanism may be

applied. Specific descriptions of hardware embodiments are provided for

the protection arrangements presented in figures 17a, 17b, 20a and 20b. It

 

    may be seen from the description and the several drawings that the

    Applicant's arrangements present a combination of interacting components.

    All the drawings have been reviewed in assessing the subject matter in the

    application, but for brevity none are reproduced.

 

    In the Final Action, the Examiner rejected the claims for being broad

    enough to encompass a general purpose computer embodiment referred to in

    the disclosure. He refuses them for encompassing non-statutory subject

    matter and for relating only to the program that controls the machines. He

    further rejects them as follows:

 

    The applicant is required to restrict the claims to

    embodiments wherein the novelty lies in the apparatus

    itself ...

 

    The Applicant emphasizes in his response to the Final Action that the

    machines of the prior art may be used in practicing his invention. He

    draws attention to, figure 17a parts 1 and 2, figure 17b parts 1 and 2,

    figure 20 parts 1 and 2, and figure 20b parts 1 and 2 for a showing of

    hardware incorporated in his computer structure. The Applicant argues, in

    part, as follows:

 

    It should be noted that it is the hardware of Figures 17

    and 20 which is incorporated into the prior art computer

    (shown in part by Figures 9-12) that comprise the

    invention. Clearly there is no program involved here.

    Clearly everything that is involved is hardware. All of

    the claims are either directed to such new and novel

    hardware or to the method carried out by such hardware.

    For example, claim 1 specifically recites apparatus

    comprising a combination of means, i.e. first means for

    storing coded signals ... and second means coupled to be

    responsive to said first means for identifying processes

    whose history of utilization of common information causes

    interference with a first predetermined process.

 

and,

 

    It should be clearly noted that, in this application,

    neither the processes nor the programs of the computer are

    disclosed or claimed either directly inferentially, nor are

    they necessary to practice the invention. Clearly what is

    disclosed and claimed is an addition of hardware and logic

    circuitry to a prior art computer which forms a new

    hardware combination for processing information in a new

    and novel way.

 

    The invention pertains to addition of hardware to a prior

    art computer to provide a new and unobvious combination

    that has new and unobvious results as disclosed and claimed.

 

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

      is directed to a patentable art area of invention within the meaning of

      Section 2 of the Patent Act. Amended claim 1 reads:

 

      In a multiprogramming/multiprocessing computer system for

      executing a plurality of processes sharing common

      information, an apparatus for identifying first processes of

      said plurality of processes which would interfere with a second

      process of said processes which is executing on said computer

      system when said second process accesses the common

      information, said apparatus comprising:

 

      (a) first means for storing first coded signals indicative of

      the history of utilization of the common information by any

      one of said plurality of processes;

 

      (b) second means for identifying third processes which

      sequentially follow said second process for execution

      on said computer system;

 

      (c) third means, coupled to said second means, for storing

      second coded signals which identify said third processes;

 

      (d) fourth means, coupled to said first and third means, for

      comparing said first coded signals with said second coded

      signals; and

 

      (e) fifth means, coupled to said fourth means for indicating

      which first processes of said third processes would inter-

      fere with said second process executing on said computer

      system.

 

      In assessing the computer-related subject matter of this application, we

      find direction from the comments provided by Pratte, J. in Schlumberger

      Canada Ltd. v. The Commissioner of Patents (1981) 56 C.P.R. 204, as

      follows:

 

      In order to determine whether the application discoses 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.

 

      We see in Applicant's amended claims 1 to 14 submitted August 28, 1987, a

      combination of apparatus including firmware and hardware. It enables

      multiple processes to use common resources by using various means which

      interact to identify those processes that would cause interference with a

certain process when information is sought from a common source. We are

persuaded by the application and by Applicant's arguments that the amended

claims are directed to more than making calculations and are related to an

invention within the meaning of Section 2.

 

In determining what components form the Applicant's combination, we find a

clear discussion of his appreciation of the entities forming the invention

in his response of June 13, 1980, in part, as follows:

 

... In order to appreciate this, however, it is necessary to

clearly identify such entities as "plurality of processes",

"first processes", "second prazess" and "third processes". The

terms may be better understood by considering the pictorial

description set out in the attached SKETCH A.

 

"plurality of processes" includes all processes

in the computer system. Example: those in the

area inside the external circle in the figure.

 

"second process" is a specific process of that

plurality. Example: the dot in the figure.

 

"third processes" is the subset of said plurality

including all processes "which follow" said

second process. Example: those in the area

inside the intermediate circle in the figure.

 

"first processes" is the subset of the "third

processes" including those of said third

processes which "would interfere" with said

second process. Example: those in the area

inside the inner circle.

 

A main purpose of the invention is to identify the "first

processes" corresponding to a given "second process".

 

According to claims 2 and 3 this identification is

accomplished in two steps, taking advantage of the fact

that the "first processes" are a subset of the "third

processes". First, the "third processes" are identified

(claim 2 refers to this part of the operation), then, the

"first processes" are identified among the "third

processes" (claim 3 encompasses the entire operation).

 

This is why claim 2, after having mentioned as the main

purpose of the apparatus the identification of the "first

processes", describes means which lead to the

identification of the "third processes", and only when the

"fifth means" of claim 3 are also considered, the "first

processes" are identified.

 

In view of the description provided by Applicant's specification, and his

arguments of June 13, 1980, we find that the amended claims, by including

the fifth means, may be acceptable as a sufficient definition of the

combination of elements that achieves the main purpose of the invention,

namely the identification of which of a number of processes interferes with

another process in accessing information from a common source.

 

While it may be that the amended claims 1 to 14 are acceptable under

Section 2 and contain sufficient components to define the invention,

we are aware, and as Applicant notes, no art has been cited. We make no

finding of patentability therefore.

 

In summary, we recommend that the refusal of the claimed subject matter

under Section 2 be withdrawn, and that the application be returned to the

Examiner for prosecution consistent with the recommendation.

 

M.G. Brown                                 S.D. Kot

Acting Chairman                            Member

Patent Appeal Board

 

I concur with the findings and the recommendation of the Patent Appeal

Board. Accordingly, I withdraw the rejection of the claimed matter under

Section 2 of the Act, and I remand the application in its amended form to

the Examiner for normal prosecution.

 

J.H.A. Gari‚py

Commissioner of Patents

 

Dated this 16     day of November        1987

Hull, Quebec.

 

Smart & Biggar

P.O. Box 2999, Station D

Ottawa, Ontario

K1P 5Y6

 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.