Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
This Office-Action acknowledges the Amendment filed on 3/4/2025 and is a response to said Amendment. In this case, the Examiner acknowledges the Notice of Withdraw from Issue that had been filed on 1/28/2026. It had come to the Examiner’s attention regarding subject matter eligibility pertaining to Claims 1-11. This Office Action is being filed to address the the issue.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-11 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
The claims are directed at a shooter localization system and claim "at least one shooter" as part of said system. The specification makes it clear that a shooter is a player. Therefore, the claims are improperly claiming ineligible living subject matter (human organism) with respect to 35 USC 101 (see MPEP 2105, section III)
Allowable Subject Matter
Claims 12-17 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY WONG whose telephone number is (571)270-3003. The examiner can normally be reached M-F: 9-5pm.
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/JEFFREY K WONG/ Primary Examiner, Art Unit 3715