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 and Response to Amendments/Arguments
Claims 1-4, 6-9, 11-16 are now pending. Claims 1, 6, 15 and 16 are independent.
Applicant’s arguments with regard to the 35 U.S.C. 101 have been fully considered, but are not persuasive. Applicant argues that “In the context of revised Step 2A, the following exemplary considerations are indicative that an additional element (or combination of elements) may have integrated the exception into a
practical application:”
“- an additional element implements a judicial exception with, or uses a judicial
exception in conjunction with, a particular machine or manufacture that is integral to
the claim”.
The Examiner respectfully disagrees and submits that the sensors and the door are insignificant extra-solution elements that are sufficiently generic, so that the judicial exception is not sufficiently integrated into a practical application. Moreover, the claimed categorization is not claimed to be used in any practical application.
The Examiner reiterates the guidance of MPEP 2106.05(b): "[I]n Mayo, the Supreme Court emphasized that satisfying the machine-or-transformation test, by itself, is not sufficient to render a claim patent-eligible, as not all transformations or machine implementations infuse an otherwise ineligible claim with an 'inventive concept.'". In this instance, categorizing the first event is a mental process, and the three categories being the events pertinent to the door of an elevator constitute a mere field of use. Also, see MPEP 2106.04(a)(2): “Nor do the courts distinguish between claims that recite mental processes performed by humans and claims that recite mental processes performed on a computer”. Therefore, the fact that the categorization is performed by a controller and sensors do not rescue the claim from ineligibility. Finally, the Examiner underscores that the claimed sensing and categorizing could be performed by a human where the sensor/s are the eyes and categorizing controller is the mind. The claimed subject matter therefore also qualifies as a mental process generally tied to the field of elevators (with doors), which are being claimed to be performed by a controller. The 35 USC 101 rejections are therefore maintained.
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.
Claims 1-4, 6-9, 11-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite the analysis and categorization of data. This judicial exception is not sufficiently integrated into a practical application because the claims do not recite a practical application for the categorization of the first event. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the one or more sensors and the controller are merely extra-solution components that are generic. Following the MPEP test for products and processes MPEP § 2106:
Step 1: The claims are to a machine/apparatus/method.
Step 2A Prong One: The claims are directed to an abstract idea of data categorization, which could be performed by a human where the sensor/s are the eyes and categorizing controller is the mind. The claimed subject matter therefore also qualifies as a mental process.
Step 2A Prong Two: The claims do not integrate the categorization into a practical application, since no application of said categorization is claimed.
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the one or more sensors and the controller are merely extra-solution components that are generic. See response to Applicant’s arguments above. The dependent claims merely further describe the categorization.
Prior Art
No prior art has been found to teach the subject matter of claims 1-4, 6-9, 11-16.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE M IACOLETTI whose telephone number is (571)270-5789. The examiner can normally be reached 8 am -5 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allana Bidder can be reached at 571 272 5560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877
Prosecution Insights