DETAILED ACTION
Claims 1-3, 6-10, 14-17, and 20-21 have been examined.
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 .
Claim Rejections - 35 U.S.C. § 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.
The invention, as taught in Claims 1-3, 6-10, 14-17, and 20-21, is directed to “mental steps” and “mathematical steps” without significantly more.
The claims recite:
• clustering…to-be-identified images that meet a text
question-and-answer condition in the to-be-identified images to obtain
a question-and-answer text (i.e., mental steps)
• clustering…to-be-identified texts that meet a text question-and-answer
condition in the to-be-identified texts to obtain a question-and-answer
text (i.e., mental steps)
• performing…corpus-processing on the question-and-answer image and
the question-and-answer text (i.e., mental steps)
• the question-and-answer corpus pair comprising at least one
question and an answer to each question of the at least one question
(i.e., mental steps)
• performing…title determination on the question-and- answer corpus
pair (i.e., mental steps)
• searching… to obtain a title and an answer corresponding to the
search information (i.e., mental steps)
• removing… regional noise in the question-and-answer
image (i.e., mental steps)
Specifically, Applicant's Specification, paragraph [0064] discusses “removing regional noise in the question-and-answer image” as follows:
[0064] In this optional implementation, removing regional noise in the question-and-answer image includes: removing noise in a fuzzy area, "space" in the question and the answer, and removing an unrecognizable pattern in the question-and-answer image, etc.
Note that one of the methods for “removing regional noise in the question-and-answer image” includes removing an “unrecognizable pattern” which includes the mental step of spelling correction. The list is also open ended because of the “etc.” at the end and, therefore, includes other mental processes.
• in response to image information in the noise-free image having an
inclination angle, correcting… the image information in the noise-free
image to obtain a corrected image, comprising adjusting the inclination
angle (i.e., mental steps)
Applicant also claims the mental step of: “correcting, in response to image information in the noise-free image having an inclination angle, the image information in the noise-free image to obtain a corrected image”. The human being is able to mentally rotate things in the mind and is able to read documents that are presented at an incline.
• the layout cutting comprises separately cutting a part of the
corrected image in which a formula is located, (i.e., mental steps)
Regarding the claimed “layout cutting,” Applicant's Specification recites:
[0067] 1) Layout cutting, where the corrected image (or an uncorrected noise-free image) is divided into paragraphs and cut into different lines; a part, in which a formula is located, in the corrected image (or uncorrected noise-free image) is separately cut.
Note that the claimed “layout cutting” is simply editing a document into paragraphs and lines. This “layout cutting” is purely a mental step.
• the character sorting comprises sorting the formula for
display separately. (i.e., mental steps)
Claim 1
Step 1 inquiry: Does this claim fall within a statutory category?
The preamble of the claim recites “1. A method for entering information, the method comprising…” Therefore, it is a “method” (or “process”), which is a statutory category of invention. Therefore, the answer to the inquiry is: “YES”.
Step 2A (Prong One) inquiry:
Are there limitations in Claim 1 that recite abstract ideas?
YES. The following limitations in Claim 1 recite abstract ideas that fall within at least one of the groupings of abstract ideas enumerated in the 2019 PEG. Specifically, they are “mental steps” and “mathematical steps”:
• clustering…to-be-identified images that meet a text
question-and-answer condition in the to-be-identified images to obtain
a question-and-answer text (i.e., mental steps)
• clustering…to-be-identified texts that meet a text question-and-answer
condition in the to-be-identified texts to obtain a question-and-answer
text (i.e., mental steps)
• performing…corpus-processing on the question-and-answer image and
the question-and-answer text (i.e., mental steps)
• the question-and-answer corpus pair comprising at least one
question and an answer to each question of the at least one question
(i.e., mental steps)
• performing…title determination on the question-and- answer corpus
pair (i.e., mental steps)
• searching… to obtain a title and an answer corresponding to the
search information (i.e., mental steps)
• removing… regional noise in the question-and-answer
image (i.e., mental steps)
Specifically, Applicant's Specification, paragraph [0064] discusses “removing regional noise in the question-and-answer image” as follows:
[0064] In this optional implementation, removing regional noise in the question-and-answer image includes: removing noise in a fuzzy area, "space" in the question and the answer, and removing an unrecognizable pattern in the question-and-answer image, etc.
Note that one of the methods for “removing regional noise in the question-and-answer image” includes removing an “unrecognizable pattern” which includes the mental step of spelling correction. The list is also open ended because of the “etc.” at the end and, therefore, includes other mental processes.
• in response to image information in the noise-free image having an
inclination angle, correcting… the image information in the noise-free
image to obtain a corrected image, comprising adjusting the inclination
angle (i.e., mental steps)
Applicant also claims the mental step of: “correcting, in response to image information in the noise-free image having an inclination angle, the image information in the noise-free image to obtain a corrected image”. The human being is able to mentally rotate things in the mind and is able to read documents that are presented at an incline.
• the layout cutting comprises separately cutting a part of the
corrected image in which a formula is located, (i.e., mental steps)
Regarding the claimed “layout cutting,” Applicant's Specification recites:
[0067] 1) Layout cutting, where the corrected image (or an uncorrected noise-free image) is divided into paragraphs and cut into different lines; a part, in which a formula is located, in the corrected image (or uncorrected noise-free image) is separately cut.
Note that the claimed “layout cutting” is simply editing a document into paragraphs and lines. This “layout cutting” is purely a mental step.
• the character sorting comprises sorting the formula for
display separately. (i.e., mental steps)
Step 2A (Prong Two) inquiry:
Are there additional elements or a combination of elements in the claim that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception?
Applicant’s claims contain the following “additional elements”:
(1) A “storing” of “the at least one title and an answer corresponding
to each title of the at least one title in a structured manner”
(2) A “computer”
(3) An “acquiring” of “to-be-identified materials from an electronic
resource of a question-asking community in real time”
(4) An “outputting, through the graphical user interface, the title and
answer corresponding to the search information”
(5) A “character recognition technology”
(6) A “receiving search information through a graphical user interface”
(7) A “fuzzy matching”
(1) A “storing” of “the at least one title and an answer corresponding to each title of the at least one title in a question bank in a structured manner” is a broad term which is described at a high level. M.P.E.P. § 2106.05(d)(II) recites:
The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
***
iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
This “storing” of “the at least one title and an answer corresponding to each title of the at least one title in a question bank in a structured manner” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(2) A “computer” is a broad term which is described at a high level. M.P.E.P. § 2016.05(f) recites:
2106.05(f) Mere Instructions To Apply An Exception [R-10.2019]
Another consideration when determining whether a claim integrates a judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step 2B is whether the additional elements amount to more than a recitation of the words “apply it” (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer. As explained by the Supreme Court, in order to make a claim directed to a judicial exception patent-eligible, the additional element or combination of elements must do “‘more than simply stat[e] the [judicial exception] while adding the words ‘apply it’”. Alice Corp. v. CLS Bank, 573 U.S. 208, 221, 110 USPQ2d 1976, 1982-83 (2014) (quoting Mayo Collaborative Servs. V. Prometheus Labs., Inc., 566 U.S. 66, 72, 101 USPQ2d 1961, 1965). Thus, for example, claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. Alice Corp., 573 U.S. at 223, 110 USPQ2d at 1983. See also 573 U.S. at 224, 110 USPQ2d at 1984 (warning against a § 101 analysis that turns on “the draftsman’s art”).
Further, M.P.E.P. § 2106.05(f)(2) recites:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
This “computer” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(3) A “acquiring” of “to-be-identified materials from an electronic resource of a question-asking community in real time” is a broad term which is described at a high level. M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
This “acquiring” of “to-be-identified materials from an electronic resource of a question-asking community in real time” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(4) An “outputting, through the graphical user interface, the title and answer corresponding to the search information” is a broad term which is described at a high level. M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process.
Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
This “outputting, through the graphical user interface, the title and answer corresponding to the search information” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(5) A “character recognition technology” is a broad term which is described at a high level. M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process.
Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
This “character recognition technology” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(6) A “receiving search information through a graphical user interface” is a broad term which is described at a high level. M.P.E.P. § 2106.05(g) recites:
2106.05(g) Insignificant Extra-Solution Activity [R-10.2019]
Another consideration when determining whether a claim integrates the judicial exception into a practical application in Step 2A Prong Two or recites significantly more in Step 2B is whether the additional elements add more than insignificant extra-solution activity to the judicial exception. The term “extra-solution activity” can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim. Extra-solution activity includes both pre-solution and post-solution activity.
This “receiving search information through a graphical user interface” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(7) A “fuzzy matching” is a broad term which is described at a high level. M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process.
Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
This “fuzzy matching” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
The answer to the inquiry is “NO”, no additional elements integrate the claimed abstract idea into a practical application.
Step 2B inquiry:
Does the claim provide an inventive concept, i.e., does the claim recite additional element(s) or a combination of elements that amount to significantly more than the judicial exception in the claim?
Applicant’s claims contain the following “additional elements”:
(1) A “storing” of “the at least one title and an answer corresponding to each title of the at least one title in a question bank in a structured manner”
(2) A “computer”
(3) An “acquiring” of “to-be-identified materials from an electronic resource of a question-asking community in real time”
(4) An “outputting, through a graphical user interface, the title and answer corresponding to the search information”
(5) A “character recognition technology”
(6) A “receiving search information through a graphical user interface”
(7) A “fuzzy matching”
(1) A “storing” of “the at least one title and an answer corresponding to each title of the at least one title in a question bank in a structured manner” is a broad term which is described at a high level. M.P.E.P. § 2106.05(d)(II) recites:
The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
***
iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(2) A “computer” is a broad term which is described at a high level. M.P.E.P. § 2016.05(f) recites:
2106.05(f) Mere Instructions To Apply An Exception [R-10.2019]
Another consideration when determining whether a claim integrates a judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step 2B is whether the additional elements amount to more than a recitation of the words “apply it” (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer. As explained by the Supreme Court, in order to make a claim directed to a judicial exception patent-eligible, the additional element or combination of elements must do “‘more than simply stat[e] the [judicial exception] while adding the words ‘apply it’”. Alice Corp. v. CLS Bank, 573 U.S. 208, 221, 110 USPQ2d 1976, 1982-83 (2014) (quoting Mayo Collaborative Servs. V. Prometheus Labs., Inc., 566 U.S. 66, 72, 101 USPQ2d 1961, 1965). Thus, for example, claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. Alice Corp., 573 U.S. at 223, 110 USPQ2d at 1983. See also 573 U.S. at 224, 110 USPQ2d at 1984 (warning against a § 101 analysis that turns on “the draftsman’s art”).
Further, M.P.E.P. § 2106.05(f)(2) recites:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(3) An “acquiring” of “to-be-identified materials from an electronic resource of a question-asking community in real time” is a broad term which is described at a high level. M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(4) An “outputting, through a graphical user interface, the title and answer corresponding to the search information” is a broad term which is described at a high level.
Further, since the “outputting, through a graphical user interface” is well understood, routine and conventional, simply using the outputting, through a graphical user interface to produce a result is not eligible. M.P.E.P. § 2106.05(f) recites:
For claim limitations that do not amount to more than a recitation of the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer, examiners should explain why they do not meaningfully limit the claim in an eligibility rejection. For example, an examiner could explain that implementing an abstract idea on a generic computer, does not integrate the abstract idea into a practical application in Step 2A Prong Two…
Further, M.P.E.P. § 2106.05(f)(2) recites:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
Applicant's GUI is generic, well-understood, routine, and conventional. Applicant's Specification, paragraph [0110] recites:
[0110] The systems and technologies described herein may be implemented in a computing system (e.g., as a data server) that includes back-end components, or a computing system (e.g., an application server) that includes middleware components, or a computing system (for example, a user computer with a graphical user interface or a web browser, through which the user may interact with the embodiments of the systems and technologies described herein) that includes front-end components, or a computing system that includes any combination of such back-end components, middleware components, or front-end components. The components of the system may be interconnected by any form or medium of digital data communication (e.g., a communication network). Examples of the communication network include: local area network (LAN), wide area network (WAN), and Internet.
Simply using the GUI to produce a result is not eligible.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(5) A “character recognition technology” is a broad term which is described at a high level.
Further, since the “character recognition technology” is well understood, routine and conventional, simply using the character recognition technology to produce a result is not eligible. M.P.E.P. § 2106.05(f) recites:
For claim limitations that do not amount to more than a recitation of the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer, examiners should explain why they do not meaningfully limit the claim in an eligibility rejection. For example, an examiner could explain that implementing an abstract idea on a generic computer, does not integrate the abstract idea into a practical application in Step 2A Prong Two…
Further, M.P.E.P. § 2106.05(f)(2) recites:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
The claimed “character recognition technology” is well-understood, routine and conventional. Applicant's Specification, paragraph [0096] recites:
[0096] In some optional implementations of the present embodiment, the question-and-answer material includes: a question-and-answer image, and the processing unit 402 includes: a removing module (not shown in the figure), a correction module (not shown in the figure), a processing module (not shown in the figure). The removing module may be configured to remove regional noise in the question-and- answer image to obtain a noise-free image. The correction module may be configured to correct, in response to image information in the noise-free image having an inclination angle, the image information in the noise-free image to obtain a corrected image. The processing module may be configured to perform layout cutting, character recognition, and character sorting on the corrected image sequentially, to obtain the question-and-answer corpus pair.
Simply using the processor to perform a mental task of character recognition to produce a result is not eligible.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(6) A “receiving search information through a graphical user interface” is a broad term which is described at a high level. M.P.E.P. § 2106.05(d)(II) recites:
The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); …
Further, M.P.E.P. § 2106.05(d)(I)(2) recites in part:
2. A factual determination is required to support a conclusion that an additional element (or combination of additional elements) is well-understood, routine, conventional activity. Berkheimer v. HP, Inc., 881 F.3d 1360, 1368, 125 USPQ2d 1649, 1654 (Fed. Cir. 2018). However, this does not mean that a prior art search is necessary to resolve this inquiry. Instead, examiners should rely on what the courts have recognized, or those in the art would recognize, as elements that are well-understood, routine, conventional activity in the relevant field when making the required determination. For example, in many instances, the specification of the application may indicate that additional elements are well-known or conventional. See, e.g., Intellectual Ventures v. Symantec, 838 F.3d at 1317; 120 USPQ2d at 1359 ("The written description is particularly useful in determining what is well-known or conventional"); Internet Patents Corp. v. Active Network, Inc., 790 F.3d 1343, 1348, 115 USPQ2d 1414, 1418 (Fed. Cir. 2015) (relying on specification’s description of additional elements as "well-known", "common" and "conventional"); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (Specification described additional elements as "either performing basic computer functions such as sending and receiving data, or performing functions ‘known’ in the art.").
Paragraph [0110] of Applicant’s Specification recites:
[0110] The systems and technologies described herein may be implemented in a computing system (e.g., as a data server) that includes back-end components, or a computing system (e.g., an application server) that includes middleware components, or a computing system (for example, a user computer with a graphical user interface or a web browser, through which the user may interact with the embodiments of the systems and technologies described herein) that includes front-end components, or a computing system that includes any combination of such back-end components, middleware components, or front-end components. The components of the system may be interconnected by any form or medium of digital data communication (e.g., a communication network). Examples of the communication network include: local area network (LAN), wide area network (WAN), and Internet.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(7) A “fuzzy matching” is a broad term which is described at a high level. M.P.E.P. § 2106.05(f) recites:
For claim limitations that do not amount to more than a recitation of the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer, examiners should explain why they do not meaningfully limit the claim in an eligibility rejection. For example, an examiner could explain that implementing an abstract idea on a generic computer, does not integrate the abstract idea into a practical application in Step 2A Prong Two…
Further, M.P.E.P. § 2106.05(f)(2) recites:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
Merely using the conventional computer to receive data is well known, understood, and conventional. Thus, it adds nothing significantly more to the judicial exception.
Therefore, simply using the “fuzzy matching” to produce a result is not eligible.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
Therefore, the answer to the inquiry is “NO”, no additional elements provide an inventive concept that is significantly more than the claimed abstract ideas the claimed abstract idea into a practical application.
Claim 1 is, therefore, NOT ELIGIBLE subject matter under 35 U.S.C. § 101.
Claim 2
Claim 2 recites:
2. The method according to claim 1, wherein the question bank comprises titles and answers corresponding to the titles respectively, and the method further comprises:
processing, by computer, the titles in the question bank to obtain respective retrieval titles;
acquiring, by computer, the search information; and
searching, by computer, for the title and the answer corresponding to the search information in the question bank, based on the retrieval titles, comprising performing a similarity comparison between a retrieval title and the search information according to threshold criteria, and thereby determining whether the title and the answer to the title corresponding to the retrieval title in the question bank are the title and the answer corresponding to the search information.
Applicant’s Claim 2 merely teaches mental steps of (1) obtaining respective retrieval titles, (2) acquiring search information, (3) searching for a title and an answer, (4) performing a similarity comparison, and (5) determining whether the title and the answer to the title corresponding to the retrieval title in the question bank are the title and the answer corresponding to the search information. It does not integrate the abstract idea to a practical application, nor is it anything significantly more than the abstract idea. (See, 2106.05(a)(II).)
Claim 2 is, therefore, NOT ELIGIBLE subject matter under 35 U.S.C. § 101.
Claim 3
Claim 3 recites:
3. The method according to claim 1, wherein clustering comprises:
determining whether a question was answered based on obtaining, via processing the to-be-identified images and the to-be-identified texts, information from a different user which is associated with the said question, said information having semantic content indicating that the question is answered.
Applicant’s Claim 3 merely teaches the mental steps of: determining whether a question in the question-and-answer material was answered.
It does not integrate the abstract idea to a practical application, nor is it anything significantly more than the abstract idea. (See, 2106.05(a)(II).)
Claim 3 is, therefore, NOT ELIGIBLE subject matter under 35 U.S.C. § 101.
Claim 6
Claim 6 recites:
6. The method according to claim 1, wherein performing title determination on the question-and-answer corpus pair to obtain at least one title and an answer corresponding to each title of the at least one title, comprises:
selecting, by computer, the at least one question from the question-and-answer corpus pair;
inputting, by computer, the selected at least one question into a trained title recognition model to obtain at least one title output by the title recognition model, the title recognition model being used to perform title determination on the input at least one question; and
selecting, by computer, for each title in the at least one title, an answer to the title from the question-and-answer corpus pair.
Applicant’s Claim 6 merely teaches input data and the mental steps of selecting a question and selecting an answer. It does not integrate the abstract idea to a practical application, nor is it anything significantly more than the abstract idea. (See, 2106.05(a)(II).)
Claim 6 is, therefore, NOT ELIGIBLE subject matter under 35 U.S.C. § 101.
Claim 7
Claim 7 recites:
7. The method according to claim 1, wherein storing into the electronic question bank the at least one title and an answer corresponding to each title of the at least one title in a structured manner, comprises:
performing, by computer, structuring processing on the at least one title and the answer corresponding to each title of the at least one title, to obtain at least one title- answer group to be stored;
comparing, by computer, each title-answer group to be stored in the at least one title-answer group to be stored with a title-answer group of title-answer groups in the question bank; and
storing, by computer, into the question bank, a title-answer group to be stored that is different from any one of title-answer groups in the question bank.
Applicant’s Claim 7 merely teaches storing data and the mental steps of obtaining “at least one title-answer group” and comparing data. It does not integrate the abstract idea to a practical application, nor is it anything significantly more than the abstract idea. (See, 2106.05(a)(II).)
Claim 7 is, therefore, NOT ELIGIBLE subject matter under 35 U.S.C. § 101.
Claim 8
Step 1 inquiry: Does this claim fall within a statutory category?
The preamble of the claim recites “8. An apparatus for entering information, the apparatus comprising…” Therefore, it is an “apparatus,” which is a statutory category of invention. Therefore, the answer to the inquiry is: “YES”.
Step 2A (Prong One) inquiry:
Are there limitations in Claim 8 that recite abstract ideas?
YES. The following limitations in Claim 8 recite abstract ideas that fall within at least one of the groupings of abstract ideas enumerated in the 2019 PEG. Specifically, they are “mental steps” and “mathematical steps”:
• clustering…to-be-identified images that meet a text
question-and-answer condition in the to-be-identified images to obtain
a question-and-answer text (i.e., mental steps)
• clustering…to-be-identified texts that meet a text question-and-answer
condition in the to-be-identified texts to obtain a question-and-answer
text (i.e., mental steps)
• performing…corpus-processing on the question-and-answer image and
the question-and-answer text (i.e., mental steps)
• the question-and-answer corpus pair comprising at least one
question and an answer to each question of the at least one
question (i.e., mental steps)
• performing…title determination on the question-and- answer
corpus pair (i.e., mental steps)
• searching…in response to receiving search information, to obtain a
title and an answer corresponding to the search information
(i.e., mental steps)
• removing… regional noise in the question-and-answer
image (i.e., mental steps)
Specifically, Applicant's Specification, paragraph [0064] discusses “removing regional noise in the question-and-answer image” as follows:
[0064] In this optional implementation, removing regional noise in the question-and-answer image includes: removing noise in a fuzzy area, "space" in the question and the answer, and removing an unrecognizable pattern in the question-and-answer image, etc.
Note that one of the methods for “removing regional noise in the question-and-answer image” includes removing an “unrecognizable pattern” which includes the mental step of spelling correction. The list is also open ended because of the “etc.” at the end and, therefore, includes other mental processes.
• in response to image information in the noise-free image having an
inclination angle, correcting… the image information in the noise-free
image to obtain a corrected image, comprising adjusting the inclination
angle (i.e., mental steps)
Applicant also claims the mental step of: “correcting, in response to image information in the noise-free image having an inclination angle, the image information in the noise-free image to obtain a corrected image”. The human being is able to mentally rotate things in the mind and is able to read documents that are presented at an incline.
• the layout cutting comprises separately cutting a part of the
corrected image in which a formula is located, (i.e., mental steps)
Regarding the claimed “layout cutting,” Applicant's Specification recites:
[0067] 1) Layout cutting, where the corrected image (or an uncorrected noise-free image) is divided into paragraphs and cut into different lines; a part, in which a formula is located, in the corrected image (or uncorrected noise-free image) is separately cut.
Note that the claimed “layout cutting” is simply editing a document into paragraphs and lines. This “layout cutting” is purely a mental step.
• the character sorting comprises sorting the formula for
display separately. (i.e., mental steps)
Step 2A (Prong Two) inquiry:
Are there additional elements or a combination of elements in the claim that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception?
Applicant’s claims contain the following “additional elements”:
(1) A “processor”
(2) A “memory storing instructions”
(3) A “storing” of “the at least one title and an answer corresponding to each title of the at least one title in a question bank in a structured manner”
(4) inputting…the selected at least one question into the trained title recognition model
(5) title recognition model
(6) An “outputting, through the graphical user interface, the title and answer corresponding to the search information”
(7) A “character recognition technology”
(8) A “receiving search information through a graphical user interface”
(9) A “fuzzy matching”
(1) A “processor” is a broad term which is described at a high level and includes general purpose computers. M.P.E.P. § 2016.05(f) recites:
2106.05(f) Mere Instructions To Apply An Exception [R-10.2019]
Another consideration when determining whether a claim integrates a judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step 2B is whether the additional elements amount to more than a recitation of the words “apply it” (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer. As explained by the Supreme Court, in order to make a claim directed to a judicial exception patent-eligible, the additional element or combination of elements must do “‘more than simply stat[e] the [judicial exception] while adding the words ‘apply it’”. Alice Corp. v. CLS Bank, 573 U.S. 208, 221, 110 USPQ2d 1976, 1982-83 (2014) (quoting Mayo Collaborative Servs. V. Prometheus Labs., Inc., 566 U.S. 66, 72, 101 USPQ2d 1961, 1965). Thus, for example, claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. Alice Corp., 573 U.S. at 223, 110 USPQ2d at 1983. See also 573 U.S. at 224, 110 USPQ2d at 1984 (warning against a § 101 analysis that turns on “the draftsman’s art”).
This “processor” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(2) A “memory storing instructions” is a broad term which is described at a high level. M.P.E.P. § 2106.05(d)(II) recites:
The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
***
iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
This “memory storing instructions” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(3) A “storing” of “the at least one title and an answer corresponding to each title of the at least one title in a question bank in a structured manner” is a broad term which is described at a high level. M.P.E.P. § 2106.05(d)(II) recites:
The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
***
iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
This “storing” of “the at least one title and an answer corresponding to each title of the at least one title in a question bank in a structured manner” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(4) A “inputting…the selected at least one question into the trained title recognition model” is a broad term which is described at a high level. M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
This “inputting…the selected at least one question into the trained title recognition model” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(5) A “title recognition model” is a broad term which is described at a high level. M.P.E.P. § 2106.05(d)(II) recites:
[0081] Specifically, a training process of using a large number of training samples to train the title recognition model is as follows:
[0082] 1) collecting a large number of question-containing texts as training samples.
[0083] 2) performing title feature labeling for each word in the training samples to construct a data set. For example, some words in the questions belong to the common feature attributes, or some words in the questions belong to unique feature attributes.
[0084] 3) using a model structure such as a convolutional neural network to build the title recognition model, and then using the collected training samples to train the title recognition model. In the training process, an error of the title recognition model may be determined based on a difference between a detection result of feature attributes of words of the training sample by the title recognition model and labelling information of feature attributes of the training sample, and an error back propagation method may be used to perform iteration to adjust parameters of the title recognition model, so as to gradually reduce the error. When the error of the title recognition model converges to a certain range or the number of iteration times reaches a preset number threshold, the parameter adjustment may be stopped, and the trained title recognition model may be obtained.
This “title recognition model” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(6) An “outputting, through the graphical user interface, the title and answer corresponding to the search information” is a broad term which is described at a high level. M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process.
Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
This “outputting, through the graphical user interface, the title and answer corresponding to the search information” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(7) A “character recognition technology” is a broad term which is described at a high level. M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process.
Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
This “character recognition technology” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(8) A “receiving search information through a graphical user interface” is a broad term which is described at a high level. M.P.E.P. § 2106.05(g) recites:
2106.05(g) Insignificant Extra-Solution Activity [R-10.2019]
Another consideration when determining whether a claim integrates the judicial exception into a practical application in Step 2A Prong Two or recites significantly more in Step 2B is whether the additional elements add more than insignificant extra-solution activity to the judicial exception. The term “extra-solution activity” can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim. Extra-solution activity includes both pre-solution and post-solution activity.
This “receiving search information through a graphical user interface” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(9) A “fuzzy matching” is a broad term which is described at a high level. M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process.
Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
This “fuzzy matching” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
The answer to the inquiry is “NO”, no additional elements integrate the claimed abstract idea into a practical application.
Step 2B inquiry:
Does the claim provide an inventive concept, i.e., does the claim recite additional element(s) or a combination of elements that amount to significantly more than the judicial exception in the claim?
Applicant’s claims contain the following “additional elements”:
(1) A “processor”
(2) A “memory storing instructions”
(3) A “storing” of “the at least one title and an answer corresponding to each title of the at least one title in a question bank in a structured manner”
(4) inputting…the selected at least one question into the trained title recognition model
(5) title recognition model
(6) An “outputting, through the graphical user interface, the title and answer corresponding to the search information”
(7) A “character recognition technology”
(8) A “receiving search information through a graphical user interface”
(9) A “fuzzy matching”
(1) A “processor” is a broad term which is described at a high level and includes general purpose computers. M.P.E.P. § 2016.05(f) recites:
2106.05(f) Mere Instructions To Apply An Exception [R-10.2019]
Another consideration when determining whether a claim integrates a judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step 2B is whether the additional elements amount to more than a recitation of the words “apply it” (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer. As explained by the Supreme Court, in order to make a claim directed to a judicial exception patent-eligible, the additional element or combination of elements must do “‘more than simply stat[e] the [judicial exception] while adding the words ‘apply it’”. Alice Corp. v. CLS Bank, 573 U.S. 208, 221, 110 USPQ2d 1976, 1982-83 (2014) (quoting Mayo Collaborative Servs. V. Prometheus Labs., Inc., 566 U.S. 66, 72, 101 USPQ2d 1961, 1965). Thus, for example, claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. Alice Corp., 573 U.S. at 223, 110 USPQ2d at 1983. See also 573 U.S. at 224, 110 USPQ2d at 1984 (warning against a § 101 analysis that turns on “the draftsman’s art”).
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(2) A “memory storing instructions” is a broad term which is described at a high level. M.P.E.P. § 2106.05(d)(II) recites:
The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
***
iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(3) A “storing” of “the at least one title and an answer corresponding to each title of the at least one title in a question bank in a structured manner” is a broad term which is described at a high level. M.P.E.P. § 2106.05(d)(II) recites:
The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
***
iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(4) An “inputting…the selected at least one question into the trained title recognition model” is a broad term which is described at a high level. M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(5) A “title recognition model” is a broad term which is described at a high level. M.P.E.P. § 2106.05(d)(II) recites:
[0081] Specifically, a training process of using a large number of training samples to train the title recognition model is as follows:
[0082] 1) collecting a large number of question-containing texts as training samples.
[0083] 2) performing title feature labeling for each word in the training samples to construct a data set. For example, some words in the questions belong to the common feature attributes, or some words in the questions belong to unique feature attributes.
[0084] 3) using a model structure such as a convolutional neural network to build the title recognition model, and then using the collected training samples to train the title recognition model. In the training process, an error of the title recognition model may be determined based on a difference between a detection result of feature attributes of words of the training sample by the title recognition model and labelling information of feature attributes of the training sample, and an error back propagation method may be used to perform iteration to adjust parameters of the title recognition model, so as to gradually reduce the error. When the error of the title recognition model converges to a certain range or the number of iteration times reaches a preset number threshold, the parameter adjustment may be stopped, and the trained title recognition model may be obtained.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(6) An “outputting, through the graphical user interface, the title and answer corresponding to the search information” is a broad term which is described at a high level.
Further, since the “outputting, through a graphical user interface” is well understood, routine and conventional, simply using the outputting, through a graphical user interface to produce a result is not eligible. M.P.E.P. § 2106.05(f) recites:
For claim limitations that do not amount to more than a recitation of the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer, examiners should explain why they do not meaningfully limit the claim in an eligibility rejection. For example, an examiner could explain that implementing an abstract idea on a generic computer, does not integrate the abstract idea into a practical application in Step 2A Prong Two…
Further, M.P.E.P. § 2106.05(f)(2) recites:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
Applicant's GUI is generic, well-understood, routine, and conventional. Applicant's Specification, paragraph [0110] recites:
[0110] The systems and technologies described herein may be implemented in a computing system (e.g., as a data server) that includes back-end components, or a computing system (e.g., an application server) that includes middleware components, or a computing system (for example, a user computer with a graphical user interface or a web browser, through which the user may interact with the embodiments of the systems and technologies described herein) that includes front-end components, or a computing system that includes any combination of such back-end components, middleware components, or front-end components. The components of the system may be interconnected by any form or medium of digital data communication (e.g., a communication network). Examples of the communication network include: local area network (LAN), wide area network (WAN), and Internet.
Simply using the GUI to produce a result is not eligible.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(7) A “character recognition technology” is a broad term which is described at a high level.
Further, since the “character recognition technology” is well understood, routine and conventional, simply using the character recognition technology to produce a result is not eligible. M.P.E.P. § 2106.05(f) recites:
For claim limitations that do not amount to more than a recitation of the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer, examiners should explain why they do not meaningfully limit the claim in an eligibility rejection. For example, an examiner could explain that implementing an abstract idea on a generic computer, does not integrate the abstract idea into a practical application in Step 2A Prong Two…
Further, M.P.E.P. § 2106.05(f)(2) recites:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
The claimed “character recognition technology” is well-understood, routine and conventional. Applicant's Specification, paragraph [0096] recites:
[0096] In some optional implementations of the present embodiment, the question-and-answer material includes: a question-and-answer image, and the processing unit 402 includes: a removing module (not shown in the figure), a correction module (not shown in the figure), a processing module (not shown in the figure). The removing module may be configured to remove regional noise in the question-and- answer image to obtain a noise-free image. The correction module may be configured to correct, in response to image information in the noise-free image having an inclination angle, the image information in the noise-free image to obtain a corrected image. The processing module may be configured to perform layout cutting, character recognition, and character sorting on the corrected image sequentially, to obtain the question-and-answer corpus pair.
Simply using the processor to perform a mental task of character recognition to produce a result is not eligible.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(8) A “receiving search information through a graphical user interface” is a broad term which is described at a high level. M.P.E.P. § 2106.05(d)(II) recites:
The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); …
Further, M.P.E.P. § 2106.05(d)(I)(2) recites in part:
2. A factual determination is required to support a conclusion that an additional element (or combination of additional elements) is well-understood, routine, conventional activity. Berkheimer v. HP, Inc., 881 F.3d 1360, 1368, 125 USPQ2d 1649, 1654 (Fed. Cir. 2018). However, this does not mean that a prior art search is necessary to resolve this inquiry. Instead, examiners should rely on what the courts have recognized, or those in the art would recognize, as elements that are well-understood, routine, conventional activity in the relevant field when making the required determination. For example, in many instances, the specification of the application may indicate that additional elements are well-known or conventional. See, e.g., Intellectual Ventures v. Symantec, 838 F.3d at 1317; 120 USPQ2d at 1359 ("The written description is particularly useful in determining what is well-known or conventional"); Internet Patents Corp. v. Active Network, Inc., 790 F.3d 1343, 1348, 115 USPQ2d 1414, 1418 (Fed. Cir. 2015) (relying on specification’s description of additional elements as "well-known", "common" and "conventional"); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (Specification described additional elements as "either performing basic computer functions such as sending and receiving data, or performing functions ‘known’ in the art.").
Paragraph [0110] of Applicant’s Specification recites:
[0110] The systems and technologies described herein may be implemented in a computing system (e.g., as a data server) that includes back-end components, or a computing system (e.g., an application server) that includes middleware components, or a computing system (for example, a user computer with a graphical user interface or a web browser, through which the user may interact with the embodiments of the systems and technologies described herein) that includes front-end components, or a computing system that includes any combination of such back-end components, middleware components, or front-end components. The components of the system may be interconnected by any form or medium of digital data communication (e.g., a communication network). Examples of the communication network include: local area network (LAN), wide area network (WAN), and Internet.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(9) A “fuzzy matching” is a broad term which is described at a high level. M.P.E.P. § 2106.05(f) recites:
For claim limitations that do not amount to more than a recitation of the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer, examiners should explain why they do not meaningfully limit the claim in an eligibility rejection. For example, an examiner could explain that implementing an abstract idea on a generic computer, does not integrate the abstract idea into a practical application in Step 2A Prong Two…
Further, M.P.E.P. § 2106.05(f)(2) recites:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
Merely using the conventional computer to receive data is well known, understood, and conventional. Thus, it adds nothing significantly more to the judicial exception.
Therefore, simply using the “fuzzy matching” to produce a result is not eligible.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
Therefore, the answer to the inquiry is “NO”, no additional elements provide an inventive concept that is significantly more than the claimed abstract ideas the claimed abstract idea into a practical application.
Claim 8 is, therefore, NOT ELIGIBLE subject matter under 35 U.S.C. § 101.
Claim 9
Claim 9 recites:
9. The apparatus according to claim 8, wherein the question bank comprises titles and answers corresponding to the titles respectively, and the operations further comprise:
processing the titles in the question bank to obtain respective retrieval titles;
acquiring the search information; and
searching for the title and the answer corresponding to the search information in the question bank, based on the retrieval titles, comprising performing a similarity comparison between a retrieval title and the search information according to threshold criteria, and thereby determining whether the title and the answer to the title corresponding to the retrieval title in the question bank are the title and the answer corresponding to the search information.
Applicant’s Claim 9 merely teaches mental steps of (1) obtaining respective retrieval titles, (2) acquiring search information, (3) searching for a title and an answer, (4) performing a similarity comparison, and (5) determining whether the title and the answer to the title corresponding to the retrieval title in the question bank are the title and the answer corresponding to the search information. It does not integrate the abstract idea to a practical application, nor is it anything significantly more than the abstract idea. (See, 2106.05(a)(II).)
Claim 9 is, therefore, NOT ELIGIBLE subject matter under 35 U.S.C. § 101.
Claim 10
Claim 10 recites:
10.The apparatus according to claim 8, wherein the operations comprise:
determining whether a question in the question-and-answer material was answered based on obtaining, via processing the to-be-identified materials, information from a different user which is associated with the said question, said information having semantic content indicating that the question is answered.
Applicant’s Claim 10 merely teaches the mental steps of determining whether a question in the question-and-answer material was answered.
It does not integrate the abstract idea to a practical application, nor is it anything significantly more than the abstract idea. (See, 2106.05(a)(II).)
Claim 10 is, therefore, NOT ELIGIBLE subject matter under 35 U.S.C. § 101.
Claim 14
Claim 14 recites:
14.The apparatus according to claim 8, wherein the operations of the at least one processor further comprise:
performing structuring processing on the at least one title and the answer corresponding to each title of the at least one title, to obtain at least one title-answer group to be stored;
comparing each title-answer group to be stored in the at least one title-answer group to be stored with a title-answer group of title-answer groups in the
question bank; and
storing, into the question bank, a title-answer group to be stored that is different from any one of title-answer groups in the question bank.
Applicant’s Claim 14 merely teaches structuring data, comparing data, and storing data. It does not integrate the abstract idea to a practical application, nor is it anything significantly more than the abstract idea. (See, 2106.05(a)(II).)
Claim 14 is, therefore, NOT ELIGIBLE subject matter under 35 U.S.C. § 101.
Claim 15
Step 1 inquiry: Does this claim fall within a statutory category?
The preamble of the claim recites “15. A non-transitory computer readable storage medium, storing computer instructions, the computer instructions, being used to cause the computer to perform operations comprising…” Therefore, it is a “A non-transitory computer readable storage medium” (or “product of manufacture”), which is a statutory category of invention. Therefore, the answer to the inquiry is: “YES”.
Step 2A (Prong One) inquiry:
Are there limitations in Claim 15 that recite abstract ideas?
YES. The following limitations in Claim 15 recite abstract ideas that fall within at least one of the groupings of abstract ideas enumerated in the 2019 PEG. Specifically, they are “mental steps” and “mathematical steps”:
• clustering…to-be-identified images that meet a text
question-and-answer condition in the to-be-identified images
(i.e., mental steps)
• clustering…to-be-identified texts that meet a text question-and-answer
condition in the to-be-identified texts to obtain a question-and-answer
text (i.e., mental steps)
• performing…corpus-processing on the question-and-answer image and
the question-and-answer text (i.e., mental steps)
• the question-and-answer corpus pair comprising at least one
question and an answer to each question of the at least one question
• performing title determination on the question-and-answer corpus pair
• performing word segmentation and natural language processing on
the question-and-answer corpus pair
• determining a similarity between semantics of words or characters in
a question of the question-and-answer corpus pair and a preset
title common feature
• determining, in response to when the similarity is higher than a
similarity threshold, that the question in the question-and-answer
corpus pair is a title
• extracting common features from manually labeled question-and-answer
texts in which titles and non-titles are distinguished
• searching…in response to receiving search information, to obtain a
title and an answer corresponding to the search information
(i.e., mental steps)
• removing… regional noise in the question-and-answer
image (i.e., mental steps)
Specifically, Applicant's Specification, paragraph [0064] discusses “removing regional noise in the question-and-answer image” as follows:
[0064] In this optional implementation, removing regional noise in the question-and-answer image includes: removing noise in a fuzzy area, "space" in the question and the answer, and removing an unrecognizable pattern in the question-and-answer image, etc.
Note that one of the methods for “removing regional noise in the question-and-answer image” includes removing an “unrecognizable pattern” which includes the mental step of spelling correction. The list is also open ended because of the “etc.” at the end and, therefore, includes other mental processes.
• in response to image information in the noise-free image having an
inclination angle, correcting… the image information in the noise-free
image to obtain a corrected image, comprising adjusting the inclination
angle (i.e., mental steps)
Applicant also claims the mental step of: “correcting, in response to image information in the noise-free image having an inclination angle, the image information in the noise-free image to obtain a corrected image”. The human being is able to mentally rotate things in the mind and is able to read documents that are presented at an incline.
• the layout cutting comprises separately cutting a part of the
corrected image in which a formula is located, (i.e., mental steps)
Regarding the claimed “layout cutting,” Applicant's Specification recites:
[0067] 1) Layout cutting, where the corrected image (or an uncorrected noise-free image) is divided into paragraphs and cut into different lines; a part, in which a formula is located, in the corrected image (or uncorrected noise-free image) is separately cut.
Note that the claimed “layout cutting” is simply editing a document into paragraphs and lines. This “layout cutting” is purely a mental step.
• the character sorting comprises sorting the formula for
display separately. (i.e., mental steps)
Step 2A (Prong Two) inquiry:
Are there additional elements or a combination of elements in the claim that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception?
Applicant’s claims contain the following “additional elements”:
(1) A “storing” of “the at least one title and an answer corresponding
to each title of the at least one title in a question bank in a
structured manner”
(2) A “computer”
(3) An “outputting, through the graphical user interface, the title and
answer corresponding to the search information”
(4) A “character recognition technology”
(5) A “receiving search information through a graphical user interface”
(6) A “fuzzy matching”
(1) A “storing” of “the at least one title and an answer corresponding to each title of the at least one title in a question bank in a structured manner” is a broad term which is described at a high level. M.P.E.P. § 2106.05(d)(II) recites:
The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
***
iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
This “storing” of “the at least one title and an answer corresponding to each title of the at least one title in a question bank in a structured manner” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(2) A “computer” is a broad term which is described at a high level. M.P.E.P. § 2016.05(f) recites:
2106.05(f) Mere Instructions To Apply An Exception [R-10.2019]
Another consideration when determining whether a claim integrates a judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step 2B is whether the additional elements amount to more than a recitation of the words “apply it” (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer. As explained by the Supreme Court, in order to make a claim directed to a judicial exception patent-eligible, the additional element or combination of elements must do “‘more than simply stat[e] the [judicial exception] while adding the words ‘apply it’”. Alice Corp. v. CLS Bank, 573 U.S. 208, 221, 110 USPQ2d 1976, 1982-83 (2014) (quoting Mayo Collaborative Servs. V. Prometheus Labs., Inc., 566 U.S. 66, 72, 101 USPQ2d 1961, 1965). Thus, for example, claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. Alice Corp., 573 U.S. at 223, 110 USPQ2d at 1983. See also 573 U.S. at 224, 110 USPQ2d at 1984 (warning against a § 101 analysis that turns on “the draftsman’s art”).
Further, M.P.E.P. § 2106.05(f)(2) recites:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
This “computer” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(3) An “outputting, through the graphical user interface, the title and answer corresponding to the search information” is a broad term which is described at a high level. M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process.
Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
This “outputting, through the graphical user interface, the title and answer corresponding to the search information” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(4) A “character recognition technology” is a broad term which is described at a high level. M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process.
Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
This “character recognition technology” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(5) A “receiving search information through a graphical user interface” is a broad term which is described at a high level. M.P.E.P. § 2106.05(g) recites:
2106.05(g) Insignificant Extra-Solution Activity [R-10.2019]
Another consideration when determining whether a claim integrates the judicial exception into a practical application in Step 2A Prong Two or recites significantly more in Step 2B is whether the additional elements add more than insignificant extra-solution activity to the judicial exception. The term “extra-solution activity” can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim. Extra-solution activity includes both pre-solution and post-solution activity.
This “receiving search information through a graphical user interface” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
(6) A “fuzzy matching” is a broad term which is described at a high level. M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process.
Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
This “fuzzy matching” limitation does not integrate the additional element into a practical application and represents “insignificant extra-solution activity”. (See, M.P.E.P. § 2106.05(I)(A)).
The answer to the inquiry is “NO”, no additional elements integrate the claimed abstract idea into a practical application.
Step 2B inquiry:
Does the claim provide an inventive concept, i.e., does the claim recite additional element(s) or a combination of elements that amount to significantly more than the judicial exception in the claim?
Applicant’s claims contain the following “additional elements”:
(1) A “storing” of “the at least one title and an answer corresponding
to each title of the at least one title in a question bank in a
structured manner”
(2) A “computer”
(3) An “outputting, through the graphical user interface, the title and
answer corresponding to the search information”
(4) A “character recognition technology”
(5) A “receiving search information through a graphical user interface”
(6) A “fuzzy matching”
(1) A “storing” of “the at least one title and an answer corresponding to each title of the at least one title in a question bank in a structured manner” is a broad term which is described at a high level. M.P.E.P. § 2106.05(d)(II) recites:
The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
***
iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(2) A “computer” is a broad term which is described at a high level. M.P.E.P. § 2016.05(f) recites:
2106.05(f) Mere Instructions To Apply An Exception [R-10.2019]
Another consideration when determining whether a claim integrates a judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step 2B is whether the additional elements amount to more than a recitation of the words “apply it” (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer. As explained by the Supreme Court, in order to make a claim directed to a judicial exception patent-eligible, the additional element or combination of elements must do “‘more than simply stat[e] the [judicial exception] while adding the words ‘apply it’”. Alice Corp. v. CLS Bank, 573 U.S. 208, 221, 110 USPQ2d 1976, 1982-83 (2014) (quoting Mayo Collaborative Servs. V. Prometheus Labs., Inc., 566 U.S. 66, 72, 101 USPQ2d 1961, 1965). Thus, for example, claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. Alice Corp., 573 U.S. at 223, 110 USPQ2d at 1983. See also 573 U.S. at 224, 110 USPQ2d at 1984 (warning against a § 101 analysis that turns on “the draftsman’s art”).
Further, M.P.E.P. § 2106.05(f)(2) recites:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(3) An “outputting, through the graphical user interface, the title and answer corresponding to the search information” is a broad term which is described at a high level.
Further, since the “outputting, through a graphical user interface” is well understood, routine and conventional, simply using the outputting, through a graphical user interface to produce a result is not eligible. M.P.E.P. § 2106.05(f) recites:
For claim limitations that do not amount to more than a recitation of the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer, examiners should explain why they do not meaningfully limit the claim in an eligibility rejection. For example, an examiner could explain that implementing an abstract idea on a generic computer, does not integrate the abstract idea into a practical application in Step 2A Prong Two…
Further, M.P.E.P. § 2106.05(f)(2) recites:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
Applicant's GUI is generic, well-understood, routine, and conventional. Applicant's Specification, paragraph [0110] recites:
[0110] The systems and technologies described herein may be implemented in a computing system (e.g., as a data server) that includes back-end components, or a computing system (e.g., an application server) that includes middleware components, or a computing system (for example, a user computer with a graphical user interface or a web browser, through which the user may interact with the embodiments of the systems and technologies described herein) that includes front-end components, or a computing system that includes any combination of such back-end components, middleware components, or front-end components. The components of the system may be interconnected by any form or medium of digital data communication (e.g., a communication network). Examples of the communication network include: local area network (LAN), wide area network (WAN), and Internet.
Simply using the GUI to produce a result is not eligible.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
Applicant's argument is unpersuasive.
The rejections stand.
(4) A “character recognition technology” is a broad term which is described at a high level.
Further, since the “character recognition technology” is well understood, routine and conventional, simply using the character recognition technology to produce a result is not eligible. M.P.E.P. § 2106.05(f) recites:
For claim limitations that do not amount to more than a recitation of the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer, examiners should explain why they do not meaningfully limit the claim in an eligibility rejection. For example, an examiner could explain that implementing an abstract idea on a generic computer, does not integrate the abstract idea into a practical application in Step 2A Prong Two…
Further, M.P.E.P. § 2106.05(f)(2) recites:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
The claimed “character recognition technology” is well-understood, routine and conventional. Applicant's Specification, paragraph [0096] recites:
[0096] In some optional implementations of the present embodiment, the question-and-answer material includes: a question-and-answer image, and the processing unit 402 includes: a removing module (not shown in the figure), a correction module (not shown in the figure), a processing module (not shown in the figure). The removing module may be configured to remove regional noise in the question-and- answer image to obtain a noise-free image. The correction module may be configured to correct, in response to image information in the noise-free image having an inclination angle, the image information in the noise-free image to obtain a corrected image. The processing module may be configured to perform layout cutting, character recognition, and character sorting on the corrected image sequentially, to obtain the question-and-answer corpus pair.
Simply using the processor to perform a mental task of character recognition to produce a result is not eligible.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(5) A “receiving search information through a graphical user interface” is a broad term which is described at a high level. M.P.E.P. § 2106.05(d)(II) recites:
The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); …
Further, M.P.E.P. § 2106.05(d)(I)(2) recites in part:
2. A factual determination is required to support a conclusion that an additional element (or combination of additional elements) is well-understood, routine, conventional activity. Berkheimer v. HP, Inc., 881 F.3d 1360, 1368, 125 USPQ2d 1649, 1654 (Fed. Cir. 2018). However, this does not mean that a prior art search is necessary to resolve this inquiry. Instead, examiners should rely on what the courts have recognized, or those in the art would recognize, as elements that are well-understood, routine, conventional activity in the relevant field when making the required determination. For example, in many instances, the specification of the application may indicate that additional elements are well-known or conventional. See, e.g., Intellectual Ventures v. Symantec, 838 F.3d at 1317; 120 USPQ2d at 1359 ("The written description is particularly useful in determining what is well-known or conventional"); Internet Patents Corp. v. Active Network, Inc., 790 F.3d 1343, 1348, 115 USPQ2d 1414, 1418 (Fed. Cir. 2015) (relying on specification’s description of additional elements as "well-known", "common" and "conventional"); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (Specification described additional elements as "either performing basic computer functions such as sending and receiving data, or performing functions ‘known’ in the art.").
Paragraph [0110] of Applicant’s Specification recites:
[0110] The systems and technologies described herein may be implemented in a computing system (e.g., as a data server) that includes back-end components, or a computing system (e.g., an application server) that includes middleware components, or a computing system (for example, a user computer with a graphical user interface or a web browser, through which the user may interact with the embodiments of the systems and technologies described herein) that includes front-end components, or a computing system that includes any combination of such back-end components, middleware components, or front-end components. The components of the system may be interconnected by any form or medium of digital data communication (e.g., a communication network). Examples of the communication network include: local area network (LAN), wide area network (WAN), and Internet.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
(6) A “fuzzy matching” is a broad term which is described at a high level. M.P.E.P. § 2106.05(f) recites:
For claim limitations that do not amount to more than a recitation of the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer, examiners should explain why they do not meaningfully limit the claim in an eligibility rejection. For example, an examiner could explain that implementing an abstract idea on a generic computer, does not integrate the abstract idea into a practical application in Step 2A Prong Two…
Further, M.P.E.P. § 2106.05(f)(2) recites:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
Merely using the conventional computer to receive data is well known, understood, and conventional. Thus, it adds nothing significantly more to the judicial exception.
Therefore, simply using the “fuzzy matching” to produce a result is not eligible.
Therefore, the claim as a whole does not amount to significantly more than the exception itself (i.e., there is no inventive concept in the claim). (See, M.P.E.P. § 2106.05(II)).
Therefore, the answer to the inquiry is “NO”, no additional elements provide an inventive concept that is significantly more than the claimed abstract ideas the claimed abstract idea into a practical application.
Claim 15 is, therefore, NOT ELIGIBLE subject matter under 35 U.S.C. § 101.
Claim 16
Claim 16 recites:
16. The non-transitory computer readable storage medium according to claim 15, wherein the electronic question bank comprises titles and answers corresponding to the titles respectively, and the operations further comprise:
processing, by computer, the titles in the electronic question bank to obtain respective retrieval titles;
acquiring, by computer, the search information; and
searching, by computer, for the title and the answer corresponding to the search information in the electronic question bank, based on the retrieval titles, comprising performing a similarity comparison between a retrieval title and the search information according to threshold criteria, and thereby determining whether the title and the answer to the title corresponding to the retrieval title in the electronic question bank are the title and the answer corresponding to the search information.
Applicant’s Claim 16 merely teaches mental steps of (1) obtaining respective retrieval titles, (2) acquiring search information, (3) searching for a title and an answer, (4) performing a similarity comparison, and (5) determining whether the title and the answer to the title corresponding to the retrieval title in the question bank are the title and the answer corresponding to the search information. It does not integrate the abstract idea to a practical application, nor is it anything significantly more than the abstract idea. (See, 2106.05(a)(II).)
Claim 16 is, therefore, NOT ELIGIBLE subject matter under 35 U.S.C. § 101.
Claim 17
Claim 17 recites:
17. The non-transitory computer readable storage medium according to claim 15, the operations further comprising:
determining whether a question in the question-and-answer material was answered based on obtaining, via processing the to-be-identified images and the to-be-identified texts, information from a different user which is associated with the said question, said information having semantic content indicating that the question is answered.
Applicant’s Claim 17 merely teaches the mental steps of determining whether a question in the question-and-answer material was answered.
It does not integrate the abstract idea to a practical application, nor is it anything significantly more than the abstract idea. (See, 2106.05(a)(II).)
Claim 17 is, therefore, NOT ELIGIBLE subject matter under 35 U.S.C. § 101.
Claim 20
Claim 20 recites:
20. The non-transitory computer readable storage medium according to claim 15, the operations further comprising:
selecting, by computer, the at least one question from the question-and-answer corpus pair;
inputting, by computer, the selected at least one question into a trained title recognition model to obtain at least one title output by the title recognition model, the title recognition model being used to perform title determination on the input at least one question; and
selecting, by computer, for each title in the at least one title, an answer to the title from the question-and-answer corpus pair.
Applicant’s Claim 20 merely teaches input data and the mental steps of selecting a question and selecting an answer. It does not integrate the abstract idea to a practical application, nor is it anything significantly more than the abstract idea. (See, 2106.05(a)(II).)
Claim 20 is, therefore, NOT ELIGIBLE subject matter under 35 U.S.C. § 101.
Claim 21
Claim 21 recites:
21. The method according to claim 1,
wherein the acquiring, by computer, to-be-identified images and to-be-identified texts from an electronic resource of a question-asking community in real-time further comprises
acquiring, by computer, from the to-be-identified images and to-be-identified texts, attribute information for the question and the answer corresponding to the question, wherein the attribute information is information for identifying at least one of a time, a person, an address; and
the storing into the electronic question bank, by computer, the at least one title and an answer corresponding to each title of the at least one title in a structured manner, comprises
storing in a storage cell in the question bank,
wherein a storage structure of the cell in the question bank has fields which comprise: a title field name for title content; an answer field name for answer content; a questioner field name for a questioner name; an answerer field name for an answerer name; a time field name for a question time and/or for an answer time; and/or an address field name for a questioning address and/or for an answering address.
Applicant’s Claim 21 merely teaches acquiring/receiving "to-be-identified images and to-be-identified texts" (i.e., receiving information), storing data, and defined set of data fields (i.e., mental steps). It does not integrate the abstract idea to a practical application, nor is it anything significantly more than the abstract idea. (See, 2106.05(a)(II).)
Claim 21 is, therefore, NOT ELIGIBLE subject matter under 35 U.S.C. § 101.
Reasons Why the Claims Are Not Rejected Under the Art of Record
Claims 1, 8, and 15 fail to expressly teach:
"performing, by computer via at least a character recognition technology, corpus-processing on the question-and-answer image and the question-and-answer text"
and
"performing, by computer, title determination on the question-and-answer corpus pair to obtain at least one title and an answer corresponding to each title of the at least one title"
Response to Arguments
Applicant's arguments filed 07 JUL 2026 have been fully considered but they are not persuasive. Specifically, Applicant argues:
Argument 1
Rejections Under 35 U.S.C. § 112
Claims 1-3, 5-10, 12, 14-17 and 19-21 stand rejected under 35 USC § 112(b) as being incomplete for omitting essential elements, where the omitted elements are: the method for carrying out the limitation "combining, by computer, the question-and-answer image and the question-and answer text to obtain question-and-answer material."
In this response, Applicant has removed the feature "combining, by computer, the question-and-answer image and the question-and answer text to obtain question-and-answer material" from claim 1, which renders the rejections moot.
The rejections under 35 U.S.C § 112 are WITHDRAWN.
Argument 2
The amended claim 1 of the present application includes at least the following operations, which recite specific image-processing and image-recognition operations performed using at least character-recognition technology. These operations cannot practically be performed mentally and are not merely mathematical steps. Accordingly, the claim recites additional elements that integrate any alleged judicial exception into a practical application:
***
In addition, the amended claims provide an improved retrieval system that presents more precise feedback through the graphical user interface.
Applicants amendments are extensive and are addressed in the rejection above. However, a few of them are addressed here to show that the amendments are unpersuasive. Firstly, the claimed layout cutting is a mental step of dividing a paragraph into different lines including one in which a formula is located as shown in paragraph [0067] of the Specification as shown here:
[0067] 1) Layout cutting, where the corrected image (or an uncorrected noise-free image) is divided into paragraphs and cut into different lines; a part, in which a formula is located, in the corrected image (or uncorrected noise-free image) is separately cut.
Removing noise includes removing an unrecognizable pattern in the question and answer image. For instance, an unrecognized question or answer can be removed as so-called noise. The definition includes and etc. therefore it is an open-ended definition of what is “noise removal.” Therefore, steps that include mental steps of simply removing sentences in words are included in the scope of noise removal. Paragraph [0064] of the Specification reads as follows:
[0064] In this optional implementation, removing regional noise in the question-and-answer image includes:
removing noise in a fuzzy area, "space" in the question and the answer, and removing an unrecognizable pattern in the question-and-answer image, etc.
Applicants argument is unpersuasive.
The 35 U.S.C § 101 rejections stand.
Argument 3
The amended claim 1 claims an "electronic question bank", a "graphical user interface" and a "computer", where the "electronic question bank" stores at least one title and an answer obtained from images and texts, the "graphical user interface" enables user interaction by receiving search information and displaying the title and answer corresponding to the search information, and the "computer" performs operations such as obtaining title and an answer from images and texts and storing the same to the "electronic question bank", searching in the "electronic question bank" for the title and answer based on search information, etc. Accordingly, the "electronic question bank", "graphical user interface" and "computer" operate together to form a data retrieval system.
The specification at paragraph [0002] describes "A content richness for a question bank for college students determines a recall rate and an accuracy of the matching strategy."
By acquiring to-be-identified images and to-be-identified texts from an electronic resource of a question-asking community in real time, clustering the acquired images and texts to obtain a question-and-answer image and a question-and-answer text, performing corpus- processing on the question-and-answer image and the question-and-answer text using at least character-recognition technology, performing title determination to obtain at least one title and corresponding answer, and storing the obtained title and answer in the electronic question bank in a structured manner, the claimed invention automatically expands the electronic question bank using images and texts acquired in real time. This increases the number of titles and answers in the question bank, thereby improving the recall rate and accuracy of title searching in the electronic question bank. As a result, the feedback returned by the data retrieval system and presented through the graphical user interface is more accurate.
The solved technical problem could be regarded as "how to improve accuracy of the feedback presented on the graphical user interface."
Accordingly, the claimed invention as amended sets forth an improved data retrieval system which can present more precise feedback through the graphical user interface. Evidently, the functioning of a computer is improved by having the improved data retrieval system.
Accordingly, the various features of claim 1 reflect the improvement in the functioning of a computer, and thus amount to additional elements which integrate the exception into a practical application.
M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
Further, M.P.E.P. § 2106.05(g) recites:
2106.05(g) Insignificant Extra-Solution Activity [R-10.2019]
Another consideration when determining whether a claim integrates the judicial exception into a practical application in Step 2A Prong Two or recites significantly more in Step 2B is whether the additional elements add more than insignificant extra-solution activity to the judicial exception. The term “extra-solution activity” can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim. Extra-solution activity includes both pre-solution and post-solution activity.
Applicants argument is unpersuasive.
The 35 U.S.C § 101 rejections stand.
Argument 4
In the Office Action dated April 8, 2026, in response to Applicant's Argument 2, the Office cites paragraph [0039] of the present application and simply states that the claimed invention is being used to simply automate steps that would ordinarily be performed manually by college students. Applicant respectfully disagrees.
Applicant respectfully submits that features of the amended claims/currently pending claims, the technical effects realized by the amended claims/currently pending claims should be considered.
Specifically, according to the amended claims, the present application provides a method for constructing a data retrieval system (such as entering information into an electronic question bank) and retrieving information from the data retrieval system. The data retrieval system outputting, through the graphical user interface, the title and answer corresponding to the search information, and at least this operation cannot be performed manually by college students. Actually, the amended claims adopt a series of dedicated computer technical means including image clustering, image processing, structured question bank construction, and data retrieval for constructing the data retrieval system, cannot be interpreted as mechanically automating the routine manual operations of college students in retrieving and organizing question banks.
Traditional question bank organization and question answer retrieval suffer from numerous drawbacks, such as less richness of the database, delayed update of question bank resources, etc., which hinders efficient data retrieval and causes low recall rate and low accuracy of search of the data retrieval system. According to the amended claims of the present application, images are acquired in real time, title and answer are obtained from the images by image processing technology and then are stored into the database of the data retrieval system, so that through the systematic hardware and software coordinated solution, the present invention realizes real time image collection and database enriching and thus improving the efficient data retrieval of the data retrieval system, and thus solves the above described drawbacks of traditional data retrieval system.
Accordingly, the solution of the amended claims is not a simple online transformation or automation of conventional industry means, but a solution possesses substantial technical improvements, and is not a mere substitution for manual operations.
As such, the claimed invention is directed to eligible subject matter at least under Step 2A of the eligibility analysis.
Withdrawal of the rejections under 35 U.S.C. §101 is respectfully requested.
M.P.E.P. § 2106.05 (f)(2) recites in part:
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
TLI Communications provides an example of a claim invoking computers and other machinery merely as a tool to perform an existing process. The court stated that the claims describe steps of recording, administration and archiving of digital images, and found them to be directed to the abstract idea of classifying and storing digital images in an organized manner. 823 F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and operate as a digital camera including compressing images and transmitting those images, and the server simply receives data, extracts classification information from the received data, and stores the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at 1747-48. In other words, the claims invoked the telephone unit and server merely as tools to execute the abstract idea. Thus, the court found that the additional elements did not add significantly more to the abstract idea because they were simply applying the abstract idea on a telephone network without any recitation of details of how to carry out the abstract idea.
Further, M.P.E.P. § 2106.05(g) recites:
2106.05(g) Insignificant Extra-Solution Activity [R-10.2019]
Another consideration when determining whether a claim integrates the judicial exception into a practical application in Step 2A Prong Two or recites significantly more in Step 2B is whether the additional elements add more than insignificant extra-solution activity to the judicial exception. The term “extra-solution activity” can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim. Extra-solution activity includes both pre-solution and post-solution activity.
Applicants argument is unpersuasive.
The 35 U.S.C § 101 rejections stand.
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.
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/WILBERT L STARKS/
Primary Examiner, Art Unit 2122
WLS
26 SEP 2026
