DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Responsive to the communication dated 12/10/2025.
Claims 1 – 17, 19, 21, 29, 31 are cancelled.
Claims 18, 20, 22, 23, 24, 25, 28, 30, 32 are amended.
Claims 18, 20, 22 – 28, 30, 32 - 37 are presented for examination.
Claims 18, 20, 22 – 28, 30, 32, 34, 35, 36 are allowable.
Claims 33, 37 stand rejected.
Response to Arguments
Claim Objections
The Applicant has amended claim 28 to overcome the previous objection. Due to the amendment the objection is withdrawn.
Claim Rejections - 35 USC § 103
The Applicant has amended the claims in order to incorporate subject matter that was previously indicated as potentially allowable. Accordingly, the previous rejections under 35 USC 103 are withdrawn.
End Response to Arguments
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 33 and 37 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 33 recites “a digital twin for a device or installation” which is not one of the statutory categories. MPEP 2106.03 indicates that the four statutory categories include “process, machine, manufacture, and composition of matter.” A “digital twin” is not one of these items because a digital twin is a digital in nature existing only electronically (i.e., digital bits/bytes).
A machine is a concrete thing consisting of parts or combination of parts. A digital twin is not concrete as it is only electronic in nature and does not exist in the physical world.
A manufacture is also a tangible article that has form, quality, property, or combination through man-made means. A digital twin is not a tangible article with form, quality, property or any combination of these things because a digital twin does not exist in the tangible world.
A composition of matter is a combination of two or more substances and includes all composite articles. A digital twin does not contain any matter nor any combination of substances because, again, a digital twin does not exist in the physical, tangible world and therefore cannot be a combination of substances.
While claim 33 recites that the digital twin is created by the method of claim 18, when viewed, as a whole the claim does not recite any computer components (i.e., non-transitory memory) or any other non-transitory media upon which the digital twin might exist in order to provide any underlying manufacture or composition.
Accordingly, the digital twin is merely a disembodied ephemeral notion existing only as intangible electric data (i.e., bits/bytes). Accordingly, the claimed “digital twin” is, at best, “data er se”
Therefore, the claims are not eligible under 35 USC 101.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN S COOK whose telephone number is (571)272-4276. The examiner can normally be reached 8:00 AM - 5:00 PM.
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/BRIAN S COOK/Primary Examiner, Art Unit 2187
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