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 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1 recites “determining from the first and second captured images, first and second items of position information, respectively, on the position of the mobile device at the time of capture of the images”, “comparing the first and second items of position information”, “determining an item of admissibility information indicating admissibility when the position of the mobile device is substantially the same for the capturing of the first and second images, wherein the item of admissibility information is determined based on one or both position sensor data and local position data,” and “when the item of admissibility information indicates admissibility determining an analytical measurement result by using the first and second images of the test field.”
The limitation of determining the position of the mobile device based on images and position information is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic components. That is, other than reciting “the mobile device” and “the camera”, nothing in the claim precludes the step from practically being performed in the mind. For example, the context of this claim encompasses the user manually calculating the position of the mobile device.
Similarly, the limitation of comparing first and second items of position information, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. For example, the context of this claim encompasses the user evaluating a difference between information.
Similarly, the limitation of determining an item of admissibility information, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic components. That is, other than reciting “the mobile device” and “the camera”, nothing in the claim precludes the step from practically being performed in the mind. For example, the context of this claim encompasses the user evaluating what is acceptable based on position information.
Similarly, the limitation of determining an analytical measurement result, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic components. For example, the context of this claim encompasses the user manually assigning a value to a calculated result. Accordingly, since the steps above are evaluations and/or observations that can be done mentally, claim 1 recites abstract ideas.
Further, this judicial exception is not integrated into a practical application. The claim only recites “determining” and “comparing” steps. The courts have indicated that gathering and analyzing information using conventional techniques and displaying the result is not sufficient to show an improvement to technology. MPEP 2106.05(a)(II) (discussing TLI Communications LLC v. AV Auto., LLC, 823 F.3d 607, 612-13 (Fed. Cir. 2016)). Hence, claim 1 is not patent eligible based on the above reasoning and rationale.
Claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the other elements of the claims other than the abstract idea and determine are not beyond what is well understood, routine and conventional within the prior art, including “providing a dry optical test strip…”, “using the camera to capture a first image…”, “applying a sample of body fluid to the test field”, and “using the camera to capture a second image”. Thus, claim 1 is not deemed patent eligible.
Claims 2-14 are rejected as being dependent on independent claim 1.
Conclusion
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/M.S.G./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798