DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/29/2025 has been entered.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
REMARKS
The present office action is based upon the Applicant’s claims filed on 12/29/2025. Claim 3 was canceled previously, Claims 16 is newly added claim, Claim 1 is amended. Claims 1-2 and 4-16 are pending in current application.
Claim rejection under 35 U.S.C. 101 has been withdrawn for Claims 1-2, 4-8 and 14-16 in view of amendments. However, the rejection under 35 U.S.C. 101 has been maintained for claims 9-13 because they are mental process.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 4-8 and 14-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 1 and 16 cite the phrase “severely impaired”, where severely is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification doesn’t provide a standard for ascertaining the requisite degree, and one of the ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 2, 4-8 and 14-16 are also rejected by the virtue of the rejected base claim.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: navigation module” in claims 1, 5, 7, 9; has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder “means for” coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. The generic placeholder is not recognized as the names of a structure.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Examiner's Note
Examiner has cited particular paragraphs/ columns and line numbers or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching
all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicants' definition which is not specifically set forth in the claims.
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 9-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Analysis (Claim 9)
Step 1: Statutory Category-Yes
The claim 9 is directed to "A method”. Therefore, the claim 1 is within at least one of the four statutory categories.
Step 2A-Prong 1: Judicially Exception Recited-Yes
Regarding Prong I of the Step 2A analysis in 2019 PEG, claims are to be analyzed to determine whether they recite subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
The claim 9 recites the limitations of: A method for an autonomous mobile robot, comprising the following: detecting geometric features of objects in an environment of the autonomous mobile robot using a navigation module of the autonomous mobile robot which has an electronic map; testing whether the detected geometric features include a geometric feature that is linked with a base station; and when one of the detected geometric features is a geometric feature linked with the base station, calculating a current position of the base station based on the geometric feature that is linked with the base station and storing the position of the base station in the electronic map. The highlighted elements are considered to be directed to mental processes. The limitation “detecting geometric features of objects in an environment of the autonomous mobile robot”, “testing whether the detected geometric features include a geometric feature that is linked with a base station” and “when one of the detected geometric features is a geometric feature linked with the base station, calculating a current position of the base station based on the geometric feature that is linked with the base station” as drafted, is a simple process that, under its broadest reasonable interpretation, covers performance of the limitation in mental process but for the recitation of “navigation module” and “navigation sensor”. That is, other than reciting “navigation module” and “storing the position of the base station in the electronic map”, nothing in the claim elements precludes the step from practically being performed in the mental process.
Step 2A—Prong 2: Practical Application-No
The claim recites additional elements navigation module”. Detecting geometric feature of object using navigation module is recited at a high level of generality and amounts to mere data gathering from an environment, which is a form of insignificant extra-solution activity. The other additional element “soring the position of the base station in the electronic map” is insignificant extra solution activity. Accordingly, the additional elements do not integrate the abstract idea into a practical application because it does do not impose any meaningful limits on practicing the abstract idea. The claim 9 is directed to the abstract idea.
Step 2B: Inventive Concept-No
Claims 9 is evaluated as to whether the claims as a whole amount to significantly more than the recited exception, i.e., whether any additional element, or combination of additional elements, adds an inventive concept to the claim.
As discussed with respect to Step 2A Prong Two, the additional limitations “navigation module” to detect geometric feature of an object in an environmental is mere data gathering using a camera and/or sensor, and storing the position of the base station in the electronic map, simply store position data in a computer, an insignificant extra solution activity. Hence, the claim cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. The claim is ineligible.
Dependent Claims 10-13 are determined to be Mental Process and/or Certain Methods of Organizing Human Activity, such as updating position data in claim 11, send feedback, are directed to an abstract idea since no feature in the claims alter the abstract idea .
Therefore, Claims 9-13 are ineligible UNDER 35 USC 101 and are rejected under 35 USC § 101.
Claim Objections (having allowable subject matter)
Claim 1-2 and 4-16 would be allowable in claims are re-written to overcome the rejection(s) under 35 U.S.C. 112(b) and 35 U.S.C. 101, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to B M M HANNAN whose telephone number is (571)270-0237. The examiner can normally be reached MONDAY-FRIDAY at 8:30AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at 5712705376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B M M HANNAN/Primary Examiner, Art Unit 3657