Ex Parte Cornelius et al - Page 13

               Appeal 2007-0928                                                                             
               Application 09/943,964                                                                       
                      Further, the Sato reference does not make up for the deficiencies of                  
               Ahmed in relation to the requirements of appealed claims 9-12.  While Sato                   
               discloses the monitoring of the operation of a first software stage component                
               105 by detecting whether an “alive” message arrives at a second stage                        
               software component 112 within a predetermined time, there is no                              
               determination as to the presence of such “alive” message at the input of the                 
               second stage but not the output.                                                             
                      We next consider the Examiner’s obviousness rejection of claims 13,                   
               16, 18, and 21 based on the combination of Ullman and Sato.  As discussed                    
               by the Examiner (Answer 11), Ullman discloses the monitoring of various                      
               cascaded software stage components in a distributed data processing system.                  
               We find in Ullman a disclosure (e.g. Figure 9F, page 14, para. [0184]) of a                  
               ping and reply monitoring feature similar to that in the previously discussed                
               Ahmed reference.  In our view, since independent claim 13 sets forth                         
               alternative language similar to that of independent claim 1, the ping and                    
               reply disclosure of Ullman would satisfy the claimed requirement of                          
               detecting whether a data message or its derivative flows “entirely” through a                
               software stage component for the identical reason as discussed above with                    
               regard to Ahmed in relation to claim 1.                                                      
                      Appellants’ arguments in response (Br. 32-33; Reply Br. 7-8) focus on                 
               the alleged deficiencies of Sato in disclosing the claimed fault detection                   
               feature in which a determination is made as to whether a data message flows                  
               “entirely” through a software stage component.  We do not find this                          
               persuasive since, as discussed above, Ullman, as with Ahmed in relation to                   
               claim 1, provides a disclosure of detecting whether a data message or its                    
               derivative flows “entirely” through a software stage component.                              

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