DETAILED ACTION
The following is a Non-Final Office Action in response to the Request for Continued Examination filed on 22 September 2026. Claims 1-7 and 11-19 have been amended. Claims 2 and 12 were previously withdrawn. Claims 1-20 are pending in this application. Claims 1, 3-11, and 13-20 have been examined on their merits.
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 .
Response to Arguments
Applicant’s arguments, see Remarks, pg. 12, filed 22 September 2026, with respect to objected claims 3-6 and 13-16 have been fully considered and are persuasive in light of the claim amendments filed on 22 September 2026. The objections of claims 3-6 and 13-16 have been withdrawn.
Applicant's arguments, see Remarks, pgs. 12-15, filed 22 September 2026, with respect to rejected claims 1, 3-11, and 13-20 under 35 U.S.C. 101 have been fully considered but they are not persuasive.
With respect to the applicant’s argument,
It can be seen from the amended claim 1 that the steps, such as "receiving, by the controlling device, first real-time monitored data provided by a first sensor, wherein the first real-time monitored data contains an external-environment parameter, an internal-environment parameter or an operating state of the smart device, collected by the first sensor", "determining, by the controlling device, a relation that the first real-time monitored data", determining, by the controlling device", "extracting, by the controlling device, sending, by the controlling device", and "according to the first real-time monitored data, monitoring, by the controlling device, starting up, by the controlling device, shutting down, by the controlling device", are implemented by machines. That is, the steps of the amended claim 1 are implemented by the controlling device with the cooperations of the first sensor and the smart devices. (see Remarks, pg. 13, paragraph 2)
The examiner respectfully disagrees.
The applicant has merely summarized the steps of the claimed invention
without providing any arguments/rationales/evidence as to why the claimed limitation of “determining … a relation that the first real-time monitored data and a preset target monitored numerical value satisfy” does not recite an abstract idea. In addition, the examiner maintains the previously presented limitations directed to “receiving”, “extracting”, “sending”, “monitoring”, “starting up”, and “shutting down” were treated in step 2A, prong two and step 2B of the subject matter eligibility requirement of the Final-Office Action mailed on 1 July 2026. Further, the newly presented limitations of “receiving, by the controlling device, first real-time monitored data by a first sensor” and “… by the controlling device …” have been treated in step 2A, prong two and step 2B of the subject matter eligibility requirement set forth below. Hence, the applicant’s argument is found unpersuasive.
In regards to the applicant’s argument,
The claimed method is concretely used for a controlling device to control a smart device. Smart device control technology is a very practical application, and all steps of the amended claim 1 are addressed to realize this practical application. (see Remarks, pg. 13, paragraph 5 - pg. 14, paragraph 1)
The examiner respectfully disagrees.
The applicant has set forth a broad and conclusionary statements (“The claimed method is concretely used for a controlling device to control a smart device. Smart device control technology is a very practical application …”) asserting the judicial exception is integrated into a practical application without providing any specific arguments/rationales/evidence as to why the previously and newly presented limitations integrate abstract idea into a practical application. In particular, the applicant has not addressed why the limitations of “starting-up”, and “shutting down” directed to “controlling a device” as recited in the preamble are more than recitations of the words “apply it” (or an equivalent). (see MPEP 2106.05(f)) Hence, the applicant’s argument is found unpersuasive.
With respect to the applicant’s arguments,
The related second smart device having the same function can be controlled to be started up, to jointly operate with the first smart device, which is equivalent to realizing the combined controlling of a smart device based on the action effect, whereby, as compared with the conventional modes in which each of the smart devices is separately controlled and the action effects frequently have a conflict therebetween, the controlling of the amended claim 1 is more accurate and has a higher efficiency.
Therefore, the above additional elements of amended claim 1 provide significantly more than an abstract idea. (see Remarks, pg. 14, paragraph 4 – pg. 5, paragraph 1)
The examiner respectfully disagrees.
The applicant has merely summarized the steps of the claimed invention
and presented broad and conclusionary statement (i.e. “… the controlling of the amended claim 1 is more accurate and has a higher efficiency.”) the claimed invention provides a specific improvement in the field of controlling a device without providing any specific arguments/rationales/evidence to why the previously and newly presented additional limitations amount to an improvement (i.e. enhancement) in the functioning of a computer or an improvement (i.e. enhancement) to another technology or technical field (i.e. controlling a device; MPEP 2106.04(a)). In addition, the applicant has set forth a broad and conclusionary statement (i.e. “… the above additional elements of amended claim 1 provide significantly more than an abstract idea.”) asserting the judicial exception is “significantly more” without providing any specific arguments/rationales/evidence as to why the previously presented limitations amount to significantly more than the abstract idea. Hence, the applicant’s arguments are found unpersuasive.
In regards to the applicant’s argument, “For at least the above reasons, amended claim 1 and its dependent claims are eligible under § 101.” (see Remarks, pg. 15, paragraph 2) The examiner respectfully disagrees.
The examiner refers to the above response, pg. 2, paragraph 4 – pg. 4, paragraph 6 of this Office action, and the argument herein as addressed.
Claims 1, 3-6, 11, and 11-16 are objected to and claims 1, 3-11, and 13-20 stand rejected under 35 U.S.C. 101 as set forth below.
Claim Objections
Claims 1, 3-6, 11, and 11-16 are objected to because of the following informalities:
Claim 1 includes the grammatical issue “determining, by the controlling device, a relation that the first real-time monitored data and a preset target monitored numerical value satisfy” in lines 8-9. Suggested claim language: “determining, by the controlling device, a relation that the first real-time monitored data and a preset target monitored numerical value is satisfied”; and has been interpreted as such for the purpose of examination.
Claim 3 includes the punctuation issue of “wherein, according to the first real-time monitored data, monitoring, …” in lines 1-2. Suggested claim language: “wherein according to the first real-time monitored data, monitoring, …”; and has been interpreted as such for the purpose of examination.
Claim 3 includes the punctuation issues of “the first action resource, comprises …” in line 3. Suggested claim language: “the first action resource comprises …”; and has been interpreted as such for the purpose of examination.
Claim 4 includes the punctuation issues of “the current-moment-predicted-reached numerical value, comprises” in lines 4-5. Suggested claim language: “the first action resource comprises …”; and has been interpreted as such for the purpose of examination.
Claim 5 includes the punctuation issues of “… the first execution effect is out-of-control or under-control, comprises …” in lines 4-5. Suggested claim language: “… the first execution effect is out-of-control or under-control comprises …”; and has been interpreted as such for the purpose of examination.
Claim 6 includes the punctuation issues of “… the first smart device, comprises …” in line 7. Suggested claim language“… the first smart device comprises …”; and has been interpreted as such for the purpose of examination.
Claim 11 includes the grammatical issue “determining a relation that the first real-time monitored data and a preset target monitored numerical value satisfy” in lines 8-9. Suggested claim language: “determining a relation that the first real-time monitored data and a preset target monitored numerical value is satisfied”; and has been interpreted as such for the purpose of examination.
Claim 13 includes the punctuation issue of “wherein, according to the first real-time monitored data, monitoring, …” in lines 1-2. Suggested claim language: “wherein according to the first real-time monitored data, monitoring, …”; and has been interpreted as such for the purpose of examination.
Claim 13 includes the punctuation issues of “the first action resource, comprises …” in line 3. Suggested claim language: “the first action resource comprises …”; and has been interpreted as such for the purpose of examination.
Claim 14 includes the punctuation issues of “the current-moment-predicted-reached numerical value, comprises” in lines 4-5. Suggested claim language: “the first action resource comprises …”; and has been interpreted as such for the purpose of examination.
Claim 15 includes the punctuation issues of “… the first execution effect is out-of-control or under-control, comprises …” in lines 4-5. Suggested claim language: “… the first execution effect is out-of-control or under-control comprises …”; and has been interpreted as such for the purpose of examination.
Claim 16 includes the punctuation issues of “… the first smart device, comprises …” in line 7. Suggested claim language“… the first smart device comprises …”; and has been interpreted as such for the purpose of examination.
Appropriate correction is required.
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, 3-11, and 13-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1
At step 1, the claim recites a method comprising of a combination of steps, therefore is a process, which is a statutory category of invention.
At step 2A, prong one, the claim recites “determining … a relation that the first real-time monitored data and a preset target monitored numerical value satisfy” and “determining …. an action resource among a plurality of preset action resources that contains a triggering condition matching with the relation as a first action resource, … wherein the first action resource contains first action-effect information, and the first action-effect information contains a first effect monitoring period, a first starting effect numerical value, a first current effect numerical value, a first target effect numerical value and a first effect controlling trend”.
The limitation of “determining … a relation that the first real-time monitored data and a preset target monitored numerical value satisfy”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation in the mind. Where, nothing in the claim precludes the step from being practically performed in the mind. For example, “determining” in the context of the claim encompasses assessing data to ascertain other data that meets a condition. (MPEP 2106.04(a)(2): The use of a physical aid (e.g., pencil and paper or a slide rule) to help perform a mental step (e.g., deriving new data) does not negate the mental nature of the limitation, but simply accounts for variations in memory capacity from one person to another.)
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The limitation of “determining …. an action resource among a plurality of preset action resources that contains a triggering condition matching with the relation as a first action resource, … wherein the first action resource contains first action-effect information, and the first action-effect information contains a first effect monitoring period, a first starting effect numerical value, a first current effect numerical value, a first target effect numerical value and a first effect controlling trend”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation in the mind. Where, nothing in the claim precludes the step from being practically performed in the mind. For example, “determining” in the context of the claim encompasses assessing data to ascertain other data. (MPEP 2106.04(a)(2): The use of a physical aid (e.g., pencil and paper or a slide rule) to help perform a mental step (e.g., deriving new data) does not negate the mental nature of the limitation, but simply accounts for variations in memory capacity from one person to another.)
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
At step 2A, prong two, the judicial is not integrated into a practical application. In particular, the claim recites “a controlling device controlling a smart device, wherein the controlling device comprises a processor, a server or a gateway”; “receiving, by the controlling device, first real-time monitored data provided by a first sensor, wherein the first real-time monitored data contains an external-environment parameter, an internal-environment parameter or an operating state of the smart device, collected by the first sensor”; “extracting, by the controlling device, an execution instruction from the first action resource, and sending, by the controlling device, the execution instruction to the first smart device related to the first action resource”; and “according to the first real-time monitored data, monitoring, by the controlling device, a first execution effect of the first smart device related to the first action resource, and according to the first execution effect, starting up, by the controlling device, a second smart device related to the first smart device or shutting down, by the controlling device, the first smart device”.
The limitation of “a controlling device controlling a smart device, wherein the controlling device comprises a processor, a server or a gateway” is recited at a high level of generality and recited so generically that it represents no more than mere instructions to apply the judicial exception on a computer component (see MPEP 2106.05(f)).
The limitation “… controlling a smart device …” is generally recited at a high level of generality and merely limits the abstract ideas to a field of use. (MPEP 2106.07(a)): “similar to how limiting the computer implemented abstract idea in Flook to petrochemical and oil-refining industries was insufficient. See e.g., Parker v. Flook, 437 U.S. 584, 588-90, 198 USPQ 193, 197-98 (1978) (limiting use of mathematical formula to use in particular industries did not amount to an inventive concept).”). The Courts have found “a claim directed to a judicial exception cannot be made eligible ‘simply by having the applicant acquiesce to limiting the reach of the patent for the formula to a particular technological use.’ Diamond v. Diehr, 450 U.S. 175, 192 n.14, 209 USPQ 1, 10 n. 14 (1981). Thus, limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application.” (MPEP 2106.05(h)).
The limitation of “receiving, … , first real-time monitored data provided by a first sensor, wherein the first real-time monitored data contains an external-environment parameter, an internal-environment parameter or an operating state of the smart device, collected by the first sensor” represents a mere means and operation for data gathering. The limitation is recited at a high level of generality and recited so generically it represents no more than an insignificant extra-solution activity of gathering data (see MPEP 2106.05(g)).
The limitations of “extracting, … , an execution instruction from the first action resource, and sending, by the controlling device, the execution instruction to the first smart device related to the first action resource”; and “according to the first real-time monitored data, monitoring, …, a first execution effect of the first smart device related to the first action resource …” represent mere data gathering. The limitations of “extracting” and “monitoring” are recited at a high level of generality and recited so generically they represent no more than an insignificant extra-solution activity of gathering data (see MPEP 2106.05(g)).
The limitation of “… sending, … , the execution instruction to the first smart device related to the first action resource” represents the mere output of data. The “sending” is recited at a high level of generality and recited so generically it represents more than an insignificant extra-solution activity of outputting data (see MPEP 2106.05(g)).
The limitations of “… controlling a smart device …” and “… according to the first execution effect, starting up, by the controlling device, a second smart device related to the first smart device or shutting down, by the controlling device, the first smart device” are recitations of the words “apply it” (or an equivalent). “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).” (see MPEP 2106.05(f))
Accordingly, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
At step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As previously discussed with respect to the integration of the abstract idea into a practical application, the additional elements of “a controlling device controlling a smart device, wherein the controlling device comprises a processor, a server or a gateway” amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept. See MPEP 2106.05(d)(II), “Courts have held computer‐implemented processes not to be significantly more than an abstract idea (and thus ineligible) where the claim as a whole amounts to nothing more than generic computer functions merely used to implement an abstract idea, such as an idea that could be done by a human analog (i.e., by hand or by merely thinking).”
The limitation of “receiving, … , first real-time monitored data provided by a first sensor, wherein the first real-time monitored data contains an external-environment parameter, an internal-environment parameter or an operating state of the smart device, collected by the first sensor”, as discussed above, represent a mere means and operation for gathering data and is an insignificant extra-solution activity. Further, the limitation is well-understood, routine and conventional; wherein the courts have found limitations directed to obtaining data, recited at a high level of generality, to be well-understood, routine, and conventional. See MPEP 2106.05(d)(II), “storing and retrieving information in memory”.
The limitations of “… controlling a smart device …” merely limit the abstract idea to a field of use. Wherein, limiting the invention to a field of use cannot provide an inventive concept. Thus, the claim is not patent eligible. (MPEP 2106.05(h)).
The limitations of “extracting, … , an execution instruction from the first action resource, and sending, by the controlling device, the execution instruction to the first smart device related to the first action resource”; and “according to the first real-time monitored data, monitoring, …, a first execution effect of the first smart device related to the first action resource …”, as discussed above, represent an insignificant extra-solution activity of data gathering. Further, the limitations are well-understood, routine and conventional; wherein the courts have found limitations directed to obtaining data, recited at high level of generality, to be well-understood, routine and conventional. See MPEP 2106.05(d)(II), “storing and retrieving information in memory”.
The limitation of “… sending, … , the execution instruction to the first smart device related to the first action resource”, as discussed above, represents an insignificant extra-solution activity of outputting data. Further, the courts have found limitations directed to data transmission, recited at a high level of generality, to be well-known, routine, and conventional. See MPEP 2106.05(d)(II), “receiving or transmitting data over a network”.
The limitations of “… controlling a smart device …” and “… according to the first execution effect, starting up, by the controlling device, a second smart device related to the first smart device or shutting down, by the controlling device, the first smart device” represent equivalent recitations of the phrase “apply it”, wherein the courts have identified limitations that “(m)erely recit(e) the words ‘apply it’ (or an equivalent)” with the judicial exception cannot provide an inventive concept …”. (see MPEP 2106.04(d)(I)).
Considering the additional elements individually and in combination and the claim as a whole, the additional elements do not provide significantly more than the abstract idea. The claim is not patent eligible.
Claim 3:
At step 2A, prong one recites “… according to the first real-time monitored data, monitoring, by the controlling device, the first execution effect of the first smart device related to the first action resource, comprises: according to the first real-time monitored data, updating the first starting effect numerical value in the first action-effect information, and according to the target monitored numerical value, updating the first target effect numerical value in the first action-effect information; … according to the received first real-time monitored data, updating the first current effect numerical value in the first action-effect information, and according to the first starting effect numerical value and the first target effect numerical value, determining a current-moment-predicted-reached numerical value, according to a relation between the updated first current effect numerical value and the current-moment-predicted-reached numerical value, determining whether the first execution effect is out-of-control or under-control, and updating a determination result to a status value of the first effect controlling trend in the first action-effect information; if the first execution effect is under-control, then continuing detection in a next period; and if the first execution effect is out-of-control, then starting up the second smart device or, according to the first execution effect, selecting another action resource from the plurality of predetermined action resources as the first action resource”.
The limitation of “… according to the first real-time monitored data, monitoring, by the controlling device, the first execution effect of the first smart device related to the first action resource, comprises: according to the first real-time monitored data, updating the first starting effect numerical value in the first action-effect information …”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation by use of steps in organizing a human activit(ies).
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitations by managing personal behavior (i.e. determining a revised first target effect numerical value in the first action-effect information - “… updating the first starting effect numerical value in the first action-effect information …”) using an instruction or rule (i.e. “… according to the first real-time monitored data …”), then it falls within the sub-grouping of “C. Managing Personal Behavior or Relationships or Interactions Between People” of the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. (MPEP 2106.04(a)(2)(C)(II): “Finally, the sub-groupings encompass both activity of a single person (for example, a person following a set of instructions or a person signing a contract online) and activity that involves multiple people (such as a commercial interaction), and thus, certain activity between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within the "certain methods of organizing human activity" grouping. It is noted that the number of people involved in the activity is not dispositive as to whether a claim limitation falls within this grouping. Instead, the determination should be based on whether the activity itself falls within one of the sub-groupings.”) Accordingly, the claim recites an abstract idea.
The limitation of “… according to the first real-time monitored data, monitoring, by the controlling device, the first execution effect of the first smart device related to the first action resource, comprises: … according to the target monitored numerical value, updating the first target effect numerical value in the first action-effect information”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation by use of steps in organizing a human activit(ies).
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitations by managing personal behavior (i.e. determining a revised first target effect numerical value in the first action-effect information - “… updating the first target effect numerical value in the first action-effect information” ) using an instruction or rule (i.e. “… according to the target monitored numerical value …”), then it falls within the sub-grouping of “C. Managing Personal Behavior or Relationships or Interactions Between People” of the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. (MPEP 2106.04(a)(2)(C)(II): “Finally, the sub-groupings encompass both activity of a single person (for example, a person following a set of instructions or a person signing a contract online) and activity that involves multiple people (such as a commercial interaction), and thus, certain activity between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within the "certain methods of organizing human activity" grouping. It is noted that the number of people involved in the activity is not dispositive as to whether a claim limitation falls within this grouping. Instead, the determination should be based on whether the activity itself falls within one of the sub-groupings.”) Accordingly, the claim recites an abstract idea.
The limitation of “… according to the first real-time monitored data, monitoring, by the controlling device, the first execution effect of the first smart device related to the first action resource, comprises: … according to the received first real-time monitored data, updating the first current effect numerical value in the first action-effect information …”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation by use of steps in organizing a human activit(ies).
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitations by managing personal behavior (i.e. determining a revised first target effect numerical value in the first action-effect information - “… updating the first current effect numerical value in the first action-effect information …” ) using an instruction or rule (i.e. “… according to the received first real-time monitored data …”), then it falls within the sub-grouping of “C. Managing Personal Behavior or Relationships or Interactions Between People” of the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. (MPEP 2106.04(a)(2)(C)(II): “Finally, the sub-groupings encompass both activity of a single person (for example, a person following a set of instructions or a person signing a contract online) and activity that involves multiple people (such as a commercial interaction), and thus, certain activity between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within the "certain methods of organizing human activity" grouping. It is noted that the number of people involved in the activity is not dispositive as to whether a claim limitation falls within this grouping. Instead, the determination should be based on whether the activity itself falls within one of the sub-groupings.”) Accordingly, the claim recites an abstract idea.
The limitation of “… according to the first real-time monitored data, monitoring, by the controlling device, the first execution effect of the first smart device related to the first action resource, comprises: … according to the first starting effect numerical value and the first target effect numerical value, determining a current-moment-predicted-reached numerical value …”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation in the mind. Where, nothing in the claim precludes the step from being practically performed in the mind. For example, “determining” in the context of the claim encompasses assessing data to ascertain other data. (MPEP 2106.04(a)(2): The use of a physical aid (e.g., pencil and paper or a slide rule) to help perform a mental step (e.g., deriving new data) does not negate the mental nature of the limitation, but simply accounts for variations in memory capacity from one person to another.)
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The limitation of “… according to the first real-time monitored data, monitoring, by the controlling device, the first execution effect of the first smart device related to the first action resource, comprises: … according to a relation between the updated first current effect numerical value and the current-moment-predicted-reached numerical value, determining whether the first execution effect is out-of-control or under-control …”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation in the mind. Where, nothing in the claim precludes the step from being practically performed in the mind. For example, “determining” in the context of the claim encompasses assessing data to ascertain other data. (MPEP 2106.04(a)(2): The use of a physical aid (e.g., pencil and paper or a slide rule) to help perform a mental step (e.g., deriving new data) does not negate the mental nature of the limitation, but simply accounts for variations in memory capacity from one person to another.)
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The limitation of “… according to the first real-time monitored data, monitoring, by the controlling device, the first execution effect of the first smart device related to the first action resource, comprises: … according to a relation between the updated first current effect numerical value and the current-moment-predicted-reached numerical value, … updating a determination result to a status value of the first effect controlling trend in the first action-effect information”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation by use of steps in organizing a human activit(ies).
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitations by managing personal behavior (i.e. determining a revised determination result to a status value of the first effect controlling trend in the first action-effect information - “… updating a determination result to a status value of the first effect controlling trend in the first action-effect information …” ) using an instruction or rule (i.e. “… according to a relation between the updated first current effect numerical value and the current-moment-predicted-reached numerical value …”), then it falls within the sub-grouping of “C. Managing Personal Behavior or Relationships or Interactions Between People” of the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. (MPEP 2106.04(a)(2)(C)(II): “Finally, the sub-groupings encompass both activity of a single person (for example, a person following a set of instructions or a person signing a contract online) and activity that involves multiple people (such as a commercial interaction), and thus, certain activity between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within the "certain methods of organizing human activity" grouping. It is noted that the number of people involved in the activity is not dispositive as to whether a claim limitation falls within this grouping. Instead, the determination should be based on whether the activity itself falls within one of the sub-groupings.”) Accordingly, the claim recites an abstract idea.
The limitation of “… according to the first real-time monitored data, monitoring, by the controlling device, the first execution effect of the first smart device related to the first action resource, comprises: … if the first execution effect is out-of-control, …, according to the first execution effect, selecting another action resource from the plurality of predetermined action resources as the first action resource”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation by use of steps in organizing a human activit(ies).
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitations by managing personal behavior (i.e. choosing alternative action resource from the plurality of predetermined action resources as the first action resource - “… selecting another action resource from the plurality of predetermined action resources as the first action resource …” ) using an instruction or rule (i.e. “… the first execution effect is out-of-control, …, according to the first execution effect …”), then it falls within the sub-grouping of “C. Managing Personal Behavior or Relationships or Interactions Between People” of the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. (MPEP 2106.04(a)(2)(C)(II): “Finally, the sub-groupings encompass both activity of a single person (for example, a person following a set of instructions or a person signing a contract online) and activity that involves multiple people (such as a commercial interaction), and thus, certain activity between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within the "certain methods of organizing human activity" grouping. It is noted that the number of people involved in the activity is not dispositive as to whether a claim limitation falls within this grouping. Instead, the determination should be based on whether the activity itself falls within one of the sub-groupings.”) Accordingly, the claim recites an abstract idea.
At step 2A, prong two, the claim recites “… according to the first real-time monitored data, monitoring, by the controlling device, the first execution effect of the first smart device related to the first action resource, comprises: … according to the first effect monitoring period in the first action-effect information, receiving the first real-time monitored data, … if the first execution effect is under-control, then continuing detection in a next period; and if the first execution effect is out-of-control, then starting up the second smart device …”.
The limitation of “… according to the first real-time monitored data, monitoring, by the controlling device, the first execution effect of the first smart device related to the first action resource, comprises: … according to the first effect monitoring period in the first action-effect information, receiving the first real-time monitored data” represents mere data gathering. The limitation of “receiving” is recited at a high level of generality and recited so generically it represents no more than an insignificant extra-solution activity of gathering data (see MPEP 2106.05(g)).
The limitation of “… according to the first real-time monitored data, monitoring, by the controlling device, the first execution effect of the first smart device related to the first action resource, comprises: … if the first execution effect is under-control, then continuing detection in a next period …” represents mere data gathering. The limitation of “continuing detection” is recited at a high level of generality and recited so generically it represents no more than an insignificant extra-solution activity of gathering data (see MPEP 2106.05(g)).
The limitations of “… according to the first real-time monitored data, monitoring, by the controlling device, the first execution effect of the first smart device related to the first action resource, comprises: … if the first execution effect is under-control, then continuing detection in a next period; and if the first execution effect is out-of-control, then starting up the second smart device …” are recitations of the words “apply it” (or an equivalent). “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).” (see MPEP 2106.05(f))
Accordingly, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
At step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As previously discussed with respect to the integration of the abstract idea into a practical application, the addition of the element of “… according to the first real-time monitored data, monitoring, by the controlling device, the first execution effect of the first smart device related to the first action resource, comprises: … according to the first effect monitoring period in the first action-effect information, receiving the first real-time monitored data”, as discussed above, amounts to no more than mere data gathering and are insignificant extra-solution activities. Further, the limitation is well-understood, routine and conventional; wherein the courts have found limitations directed to obtaining data recited at a high level of generality to be well-understood, routine and conventional. See MPEP 2106.05(d)(II), “storing and retrieving information in memory”.
The limitation of “the according to the first monitored data, monitoring the first execution effect of the first smart device related to the first action resource comprises: … if the first execution effect is under-control, then continuing detection in a next period …”, as discussed above, amounts to no more than mere data gathering and are insignificant extra-solution activities. Further, the limitation is well-understood, routine and conventional; wherein the courts have found limitations directed to obtaining data recited at a high level of generality to be well-understood, routine and conventional. See MPEP 2106.05(d)(II), “storing and retrieving information in memory”.
The limitations of “… according to the first real-time monitored data, monitoring, by the controlling device, the first execution effect of the first smart device related to the first action resource, comprises: … if the first execution effect is under-control, then continuing detection in a next period; and if the first execution effect is out-of-control, then starting up the second smart device …” represent equivalent recitations of the phrase “apply it”, wherein the courts have identified limitations that “(m)erely recit(e) the words ‘apply it’ (or an equivalent)” with the judicial exception cannot provide an inventive concept …”. (see MPEP 2106.04(d)(I)).
Considering the additional elements individually and in combination and the claim as a whole, the additional elements do not provide significantly more than the abstract idea. The claim is not patent eligible.
Claim 4:
The limitation “… a first effect-predicted-reached period” further details “the first action-effect information” in claim 3; and the claim stands rejected for the same rational as set forth above in claim 3.
Additionally, at Step 2A, prong one recites “according to the first starting effect numerical value and the first target effect numerical value, determining the current-moment-predicted-reached numerical value, comprises: according to the first starting effect numerical value and the first target effect numerical value, and according to the first effect-predicted-reached period and the first effect monitoring period, determining a predictively reached effect; and according to a time difference between a current moment and an initial moment and the predictively reached effect, determining the current-moment-predicted-reached numerical value, wherein the initial moment is a moment of sending the execution instruction in the first action resource”.
The limitation of “according to the first starting effect numerical value and the first target effect numerical value, determining the current-moment-predicted-reached numerical value, comprises: according to the first starting effect numerical value and the first target effect numerical value, and according to the first effect-predicted-reached period and the first effect monitoring period, determining a predictively reached effect”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation in the mind. Where, nothing in the claim precludes the step from being practically performed in the mind. For example, “determining” in the context of the claim encompasses assessing data to ascertain other data. (MPEP 2106.04(a)(2): The use of a physical aid (e.g., pencil and paper or a slide rule) to help perform a mental step (e.g., deriving new data) does not negate the mental nature of the limitation, but simply accounts for variations in memory capacity from one person to another.)
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The limitation of “the according to the first starting effect numerical value and the first target effect numerical value, determining the current-moment-predicted-reached numerical value, comprises: ... according to a time difference between a current moment and an initial moment and the predictively reached effect, determining the current-moment-predicted-reached numerical value, wherein the initial moment is a moment of sending the execution instruction in the first action resource”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation in the mind. Where, nothing in the claim precludes the step from being practically performed in the mind. For example, “determining” in the context of the claim encompasses assessing data to ascertain other data. (MPEP 2106.04(a)(2): The use of a physical aid (e.g., pencil and paper or a slide rule) to help perform a mental step (e.g., deriving new data) does not negate the mental nature of the limitation, but simply accounts for variations in memory capacity from one person to another.)
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Claim 5:
The limitation “… a first effect controlling parameter” further details “the first action-effect information” in claim 3; and the claim stands rejected for the same rational as set forth above in claim 3.
Additionally, at Step 2A, prong one recites “according to the relation between the updated first current effect numerical value and the current-moment-predicted-reached numerical value, determining whether the first execution effect is out-of-control or under-control, comprises: according to the first effect controlling parameter in the first action-effect information and the current-moment-predicted-reached numerical value, determining an upper limit of the current-moment-predicted-reached numerical value and a lower limit of the current-moment-predicted-reached numerical value; and according to a relation between the updated first current effect numerical value and the upper limit of the current-moment-predicted-reached numerical value and the lower limit of the current-moment-predicted-reached numerical value, determining whether the first execution effect is out-of-control”.
The limitation of “according to the relation between the updated first current effect numerical value and the current-moment-predicted-reached numerical value, determining whether the first execution effect is out-of-control or under-control, comprises: according to the first effect controlling parameter in the first action-effect information and the current-moment-predicted-reached numerical value, determining an upper limit of the current-moment-predicted-reached numerical value and a lower limit of the current-moment-predicted-reached numerical value”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation by use of steps in organizing a human activit(ies).
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitations by managing personal behavior (i.e. identifying an upper limit of the current-moment-predicted-reached numerical value and a lower limit of the current-moment-predicted-reached numerical value - “… determining an upper limit of the current-moment-predicted-reached numerical value and a lower limit of the current-moment-predicted-reached numerical value”) using an instruction or rule (i.e. “… according to the relation between the updated first current effect numerical value and the current-moment-predicted-reached numerical value …”), then it falls within the sub-grouping of “C. Managing Personal Behavior or Relationships or Interactions Between People” of the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. (MPEP 2106.04(a)(2)(C)(II): “Finally, the sub-groupings encompass both activity of a single person (for example, a person following a set of instructions or a person signing a contract online) and activity that involves multiple people (such as a commercial interaction), and thus, certain activity between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within the "certain methods of organizing human activity" grouping. It is noted that the number of people involved in the activity is not dispositive as to whether a claim limitation falls within this grouping. Instead, the determination should be based on whether the activity itself falls within one of the sub-groupings.”) Accordingly, the claim recites an abstract idea.
The limitation of “the according to the relation between the updated first current effect numerical value and the current-moment-predicted-reached numerical value, determining whether the first execution effect is out-of-control or under-control, comprises: … according to a relation between the updated first current effect numerical value and the upper limit of the current-moment-predicted-reached numerical value and the lower limit of the current-moment-predicted-reached numerical value, determining whether the first execution effect is out-of-control”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation in the mind. Where, nothing in the claim precludes the step from being practically performed in the mind. For example, “determining” in the context of the claim encompasses assessing data to ascertain other data. (MPEP 2106.04(a)(2): The use of a physical aid (e.g., pencil and paper or a slide rule) to help perform a mental step (e.g., deriving new data) does not negate the mental nature of the limitation, but simply accounts for variations in memory capacity from one person to another.)
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Claim 6:
The limitation “… second action-effect information” further details “the first action-effect information” in claim 3; and the claim stands rejected for the same rational as set forth above in claim 3.
At step 2A, prong one, the claim recites “according to the first real-time monitored data, monitoring the first execution effect of the first smart device related to the first action resource, and according to the first execution effect, shutting down the first smart device, comprises: … updating the second action-effect information in the first action resource corresponding to the second execution effect; and when a difference between the second execution effect and a predetermined effect exceeds a predetermined range, determining that the second execution effect is out-of-control, and according to the second execution effect, shutting down the first smart device”.
The limitation of recites “according to the first real-time monitored data, monitoring the first execution effect of the first smart device related to the first action resource, and according to the first execution effect, shutting down the first smart device, comprises: … updating the second action-effect information in the first action resource corresponding to the second execution effect”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation by use of steps in organizing a human activit(ies).
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitations by managing personal behavior (i.e. determining a revised second action-effect information in the first action resource - “… updating the second action-effect information in the first action resource …” ) using an instruction or rule (i.e. “… corresponding to the second execution effect …”), then it falls within the sub-grouping of “C. Managing Personal Behavior or Relationships or Interactions Between People” of the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. (MPEP 2106.04(a)(2)(C)(II): “Finally, the sub-groupings encompass both activity of a single person (for example, a person following a set of instructions or a person signing a contract online) and activity that involves multiple people (such as a commercial interaction), and thus, certain activity between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within the "certain methods of organizing human activity" grouping. It is noted that the number of people involved in the activity is not dispositive as to whether a claim limitation falls within this grouping. Instead, the determination should be based on whether the activity itself falls within one of the sub-groupings.”) Accordingly, the claim recites an abstract idea.
The limitation of “according to the first real-time monitored data, monitoring the first execution effect of the first smart device related to the first action resource, and according to the first execution effect, shutting down the first smart device, comprises: … when a difference between the second execution effect and a predetermined effect exceeds a predetermined range, determining that the second execution effect is out-of-control …”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation in the mind. Where, nothing in the claim precludes the step from being practically performed in the mind. For example, “determining” in the context of the claim encompasses assessing data per a comparison of a deviation of values to a predetermined range of values to ascertain a state. (MPEP 2106.04(a)(2): The use of a physical aid (e.g., pencil and paper or a slide rule) to help perform a mental step (e.g., deriving new data) does not negate the mental nature of the limitation, but simply accounts for variations in memory capacity from one person to another.)
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
At step 2A, prong two, the judicial exception is not integrated into a practical application. In particular, the claim recites “receiving second real-time monitored data provided by a second sensor” and “according to the first real-time monitored data, monitoring the first execution effect of the first smart device related to the first action resource, and according to the first execution effect, shutting down the first smart device, comprises: according to the second real-time monitored data, monitoring a second execution effect of the first smart device related to the first action resource, … and according to the second execution effect, shutting down the first smart device”.
The limitation of “according to the first real-time monitored data, monitoring the first execution effect of the first smart device related to the first action resource, and according to the first execution effect, shutting down the first smart device, comprises: according to the second real-time monitored data, monitoring a second execution effect of the first smart device related to the first action resource, …” represents mere data gathering. The limitation of “monitoring” is recited at a high level of generally and recited so generically it represents no more than an insignificant extra-solution activity of gathering data (see MPEP 2106.05(g)).
The limitation of “receiving second real-time monitored data provided by a second sensor” represents a mere means and operation for data gathering. The limitation is recited at a high level of generality and recited so generically it represents no more than an insignificant extra-solution activity of gathering data (see MPEP 2106.05(g)).
The limitation of “according to the first real-time monitored data, monitoring the first execution effect of the first smart device related to the first action resource, and according to the first execution effect, shutting down the first smart device, comprises: … according to the second execution effect, shutting down the first smart device” is a recitation of the words “apply it” (or an equivalent). “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).” (see MPEP 2106.05(f))
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
At step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As previously discussed with respect to the integration of the abstract idea into a practical application, the addition of the element of “receiving second real-time monitored data provided by a second sensor”, as discussed above, represents a mere means and operation for gathering data and is an insignificant extra-solution activity. Further, the limitation is well-understood, routine and conventional; wherein the courts have found limitations directed to obtaining data, recited at a high level of generality, to be well-understood, routine, and conventional. See MPEP 2106.05(d)(II), “storing and retrieving information in memory”.
The limitation of “according to the first real-time monitored data, monitoring the first execution effect of the first smart device related to the first action resource, and according to the first execution effect, shutting down the first smart device, comprises: according to the second real-time monitored data, monitoring a second execution effect of the first smart device related to the first action resource, …”, as discussed above, amounts to no more than mere data gathering and is an insignificant extra-solution activity. Further, the limitation is well-understood, routine and conventional; wherein the courts have found limitations directed to obtaining data recited at a high level of generality to be well-understood, routine and conventional. See MPEP 2106.05(d)(II), “storing and retrieving information in memory”.
The limitation of “according to the first real-time monitored data, monitoring the first execution effect of the first smart device related to the first action resource, and according to the first execution effect, shutting down the first smart device, comprises: … according to the second execution effect, shutting down the first smart device” represents an equivalent recitation of the phrase “apply it”, wherein the courts have identified limitations that “(m)erely recit(e) the words ‘apply it’ (or an equivalent)” with the judicial exception cannot provide an inventive concept …”. (see MPEP 2106.04(d)(I)).
Considering the additional elements individually and in combination and the claim as a whole, the additional elements do not provide significantly more than the abstract idea. The claim is not patent eligible.
Claim 7:
At step 2A, prong one, the claim recites “according to the triggering condition in the first action resource and the first target effect numerical value in the first action-effect information in the first action resource, determining a first effect trend corresponding to the first action resource, and according to the triggering condition in the second action resource and the second target effect numerical value in the third action-effect information in the second action resource, determining a second effect trend corresponding to the second action resource”; “when the first effect trend corresponding to the first action resource and the second effect trend corresponding to the second action resource are opposite, determining whether a status value of a parameter of no-same-effect in the second action resource is true, and whether a status value of a parameter of no-opposite-effect is false”; and “when the status value of the parameter of no-same-effect is true and the status value of the parameter of no-opposite-effect is false, determining whether an execution object in the first action resource and an execution object in the second action resource are a same one object …”.
The limitation of “according to the triggering condition in the first action resource and the first target effect numerical value in the first action-effect information in the first action resource, determining a first effect trend corresponding to the first action resource …” is a process performed by use of a mathematical calculation(s).
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitations per use of mathematical calculations, then it falls within the “Mathematical Concepts” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
In the alternative, the limitation of “according to the triggering condition in the first action resource and the first target effect numerical value in the first action-effect information in the first action resource, determining a first effect trend corresponding to the first action resource …”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation in the mind. Where, nothing in the claim precludes the step from being practically performed in the mind. For example, “determining” in the context of the claim encompasses assessing data to ascertain a directional change of the data. (MPEP 2106.04(a)(2): The use of a physical aid (e.g., pencil and paper or a slide rule) to help perform a mental step (e.g., deriving new data) does not negate the mental nature of the limitation, but simply accounts for variations in memory capacity from one person to another.)
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The limitation of “… according to the triggering condition in the second action resource and the second target effect numerical value in the third action-effect information in the second action resource, determining a second effect trend corresponding to the second action resource” is a process performed by use of a mathematical calculation(s).
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitations per use of mathematical calculations, then it falls within the “Mathematical Concepts” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
In the alternative, the limitation of “… according to the triggering condition in the second action resource and the second target effect numerical value in the third action-effect information in the second action resource, determining a second effect trend corresponding to the second action resource”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation in the mind. Where, nothing in the claim precludes the step from being practically performed in the mind. For example, “determining” in the context of the claim encompasses assessing data to ascertain a directional change of the data. (MPEP 2106.04(a)(2): The use of a physical aid (e.g., pencil and paper or a slide rule) to help perform a mental step (e.g., deriving new data) does not negate the mental nature of the limitation, but simply accounts for variations in memory capacity from one person to another.)
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The limitation of “when the first effect trend corresponding to the first action resource and the second effect trend corresponding to the second action resource are opposite, determining whether a status value of a parameter of no-same-effect in the second action resource is true, and whether a status value of a parameter of no-opposite-effect is false”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation in the mind. Where, nothing in the claim precludes the step from being practically performed in the mind. For example, “determining” in the context of the claim encompasses assessing data to ascertain a characteristic of the data. (MPEP 2106.04(a)(2): The use of a physical aid (e.g., pencil and paper or a slide rule) to help perform a mental step (e.g., deriving new data) does not negate the mental nature of the limitation, but simply accounts for variations in memory capacity from one person to another.)
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The limitation of “when the first effect trend corresponding to the first action resource and the second effect trend corresponding to the second action resource are opposite, determining whether a status value of a parameter of no-same-effect in the second action resource is true, and whether a status value of a parameter of no-opposite-effect is false”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation in the mind. Where, nothing in the claim precludes the step from being practically performed in the mind. For example, “determining” in the context of the claim encompasses assessing data to ascertain a characteristic of the data. (MPEP 2106.04(a)(2): The use of a physical aid (e.g., pencil and paper or a slide rule) to help perform a mental step (e.g., deriving new data) does not negate the mental nature of the limitation, but simply accounts for variations in memory capacity from one person to another.)
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The limitation of “when the status value of the parameter of no-same-effect is true and the status value of the parameter of no-opposite-effect is false, determining whether an execution object in the first action resource and an execution object in the second action resource are a same one object …”, as drafted, is a process, under its broadest reasonable interpretation covers performing the limitation in the mind. Where, nothing in the claim precludes the step from being practically performed in the mind. For example, “determining” in the context of the claim encompasses assessing data to ascertain a characteristic of the data. (MPEP 2106.04(a)(2): The use of a physical aid (e.g., pencil and paper or a slide rule) to help perform a mental step (e.g., deriving new data) does not negate the mental nature of the limitation, but simply accounts for variations in memory capacity from one person to another.)
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
At step 2A, prong two, the claim recites “triggering, by the received first real-time monitored data provided by the first sensor, the second action resource, wherein the second action resource comprises third action-effect information, and the third action-effect information contains a second target effect numerical value”; and “if yes, then continuing executing the first action resource, and terminating executing the second action resource, and if no, then continuing executing the first action resource, and starting to execute the second action resource”.
The limitation of “triggering, by the received first real-time monitored data provided by the first sensor, the second action resource, wherein the second action resource comprises third action-effect information, and the third action-effect information contains a second target effect numerical value” represents mere data gathering. The limitation of “triggering” is recited at a high level of generality and recited so generically it represents no more than an insignificant extra-solution activity of gathering data (see MPEP 2106.05(g)).
The limitations of “if yes, then continuing executing the first action resource, and terminating executing the second action resource, and if no, then continuing executing the first action resource, and starting to execute the second action resource” are recitations of the words “apply it” (or an equivalent). “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).” (see MPEP 2106.05(f))
Accordingly, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
At step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As previously discussed with respect to the integration of the abstract idea into a practical application, the addition of the element of “triggering, by the received first real-time monitored data provided by the first sensor, the second action resource, wherein the second action resource comprises third action-effect information, and the third action-effect information contains a second target effect numerical value”, as discussed above, represents an insignificant extra-solution activity of data gathering. Further, the limitation is well-understood, routine and conventional; wherein the courts have found limitations directed to obtaining data, recited at high level of generality, to be well-understood, routine and conventional. See MPEP 2106.05(d)(II), “storing and retrieving information in memory”.
The limitations of “if yes, then continuing executing the first action resource, and terminating executing the second action resource, and if no, then continuing executing the first action resource, and starting to execute the second action resource” represent equivalent recitations of the phrase “apply it”, wherein the courts have identified limitations that “(m)erely recit(e) the words ‘apply it’ (or an equivalent)” with the judicial exception cannot provide an inventive concept …”. (see MPEP 2106.04(d)(I)).
Considering the additional elements individually and in combination and the claim as a whole, the additional elements do not provide significantly more than the abstract idea. The claim is not patent eligible.
Claim 8:
At step 2A, prong two, the claim recites “the first action-effect information is stored as a sub-resource of the first action resource, or is stored as a parameter of the first action resource”; and “the triggering condition in the first action resource is stored as a parameter of the first action resource”.
The limitations of “the first action-effect information is stored as a sub-resource of the first action resource, or is stored as a parameter of the first action resource”; and “the triggering condition in the first action resource is stored as a parameter of the first action resource” represent mere data gathering. The limitations of “stored” are recited at a high level of generality and recited so generically they represent no more than an insignificant extra-solution activity of gathering data (see MPEP 2106.05(g)).
Accordingly, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
At step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As previously discussed with respect to the integration of the abstract idea into a practical application, the addition of the elements of “the first action-effect information is stored as a sub-resource of the first action resource, or is stored as a parameter of the first action resource”; and “the triggering condition in the first action resource is stored as a parameter of the first action resource”, as discussed above, represents an insignificant extra-solution activity of data gathering. Further, the limitations are well-understood, routine and conventional; wherein the courts have found limitations directed to obtaining data, recited at high level of generality, to be well-understood, routine and conventional. See MPEP 2106.05(d)(II), “storing and retrieving information in memory”.
Considering the additional elements individually and in combination and the claim as a whole, the additional elements do not provide significantly more than the abstract idea. The claim is not patent eligible.
Claim 9:
The limitation “… first checking information” further details “… the first action resource …” in claim 8; and the claim stands rejected for the same rational as set forth above in claim 8.
At step 2A, prong two, the claim recites “… the first checking information is stored as a sub-resource of the first action resource”.
The limitation of “… the first checking information is stored as a sub-resource of the first action resource” represents mere data gathering. The limitation of “stored” is recited at a high level of generality and recited so generically it represents no more than an insignificant extra-solution activity of gathering data (see MPEP 2106.05(g)).
Accordingly, the additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
At step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As previously discussed with respect to the integration of the abstract idea into a practical application, the addition of the element of “… the first checking information is stored as a sub-resource of the first action resource”, as discussed above, represents an insignificant extra-solution activity of data gathering. Further, the limitation is well-understood, routine and conventional; wherein the courts have found limitations directed to obtaining data, recited at high level of generality, to be well-understood, routine and conventional. See MPEP 2106.05(d)(II), “storing and retrieving information in memory”.
Considering the additional element individually and the claim as a whole, the additional element does not provide significantly more than the abstract idea. The claim is not patent eligible.
Claim 10:
At step 2A, prong two, the judicial is not integrated into a practical application. In particular, the claim recites “receiving a triggering instruction inputted by a user” and “extracting the preset target monitored numerical value from the received triggering instruction”.
The limitations of “receiving a triggering instruction inputted by a user” and “extracting the preset target monitored numerical value from the received triggering instruction” represent mere data gathering. The limitations of “receiving” and “extracting” are recited at a high level of generality and recited so generically they represent no more than an insignificant extra-solution activity of gathering data (see MPEP 2106.05(g)).
Accordingly, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
At step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As previously discussed with respect to the integration of the abstract idea into a practical application, the addition of the elements of “receiving a triggering instruction inputted by a user” and “extracting the preset target monitored numerical value from the received triggering instruction”, as discussed above, represent insignificant extra-solution activities of data gathering. Further, the limitations are well-understood, routine and conventional; wherein the courts have found limitations directed to obtaining data, recited at high level of generality, to be well-understood, routine and conventional. See MPEP 2106.05(d)(II), “storing and retrieving information in memory”.
Considering the additional elements individually and in combination and the claim as a whole, the additional elements do not provide significantly more than the abstract idea. The claim is not patent eligible.
Claim 11:
Claim 11 represents an equivalent machine (i.e. a smart gateway) claim to claim 1 and is rejected under 35 U.S.C. 101 for the same rationale as set forth in claim 1.
Additionally, at step 2A, prong two, the claim recites “the smart gateway comprises a processor; a memory, wherein the memory is communicatively connected to the processor”; and “wherein the memory stores at least one instruction, and the at least one instruction, when executed by the processor, is configured for implementing operations for controlling a smart device …”.
The limitations of “the smart gateway comprises a processor; a memory, wherein the memory is communicatively connected to the processor”; and “wherein the memory stores at least one instruction, and the at least one instruction, when executed by the processor, is configured for implementing operations for controlling a smart device …” are recited at a high level of generality and recited so generically that they represent no more than mere instructions to apply the judicial exception on a computer component (see MPEP 2106.05(f)).
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
At step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As previously discussed with respect to the integration of the abstract idea into a practical application, the additional elements of “the smart gateway comprises a processor; a memory, wherein the memory is communicatively connected to the processor”; and “wherein the memory stores at least one instruction, and the at least one instruction, when executed by the processor, is configured for implementing operations for controlling a smart device …” amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept. See MPEP 2106.05(d)(II), “Courts have held computer‐implemented processes not to be significantly more than an abstract idea (and thus ineligible) where the claim as a whole amounts to nothing more than generic computer functions merely used to implement an abstract idea, such as an idea that could be done by a human analog (i.e., by hand or by merely thinking).”
Considering the additional elements individually and in combination and the claim as a whole, the additional elements do not provide significantly more than the abstract idea. The claim is not patent eligible.
Claim 13:
Claim 13 represents an equivalent machine (i.e. a smart gateway) claim to claim 3 and is rejected under 35 U.S.C. 101 for the same rationale as set forth in claim 3.
Claim 14:
Claim 14 represents an equivalent machine (i.e. a smart gateway) claim to claim 4 and is rejected under 35 U.S.C. 101 for the same rationale as set forth in claim 4.
Claim 15:
Claim 15 represents an equivalent machine (i.e. a smart gateway) claim to claim 5 and is rejected under 35 U.S.C. 101 for the same rationale as set forth in claim 5.
Claim 16:
Claim 16 represents an equivalent machine (i.e. a smart gateway) claim to claim 6 and is rejected under 35 U.S.C. 101 for the same rationale as set forth in claim 6.
Claim 17:
Claim 17 represents an equivalent machine (i.e. a smart gateway) claim to claim 7 and is rejected under 35 U.S.C. 101 for the same rationale as set forth in claim 7.
Claim 18:
Claim 18 represents an equivalent machine (i.e. a system) claim to claim 1 and is rejected under 35 U.S.C. 101 for the same rationale as set forth in claim 1.
The limitation of “… the smart gateway according to claim 11” stands rejected for the same rationale as set forth in claim 11 by virtue of the incorporation of “the smart gateway” of claim 11 into claim 18.
At step 2A, prong two, the claim recites “the first sensor, communicatively connected to the smart gateway, configured for continuously collecting the first monitored data and sending the first monitored data to the smart gateway”; and “a terminal device, communicatively connected to the smart gateway, configured for providing a triggering instruction to the smart gateway, wherein the triggering instruction contains a target monitored numerical value of a same type as a type of the monitored data”.
The limitations of “the first sensor, communicatively connected to the smart gateway …”; and “a terminal device, communicatively connected to the smart gateway … ” are recited at a high level of generality and recited so generically that they represent no more than mere instructions to apply the judicial exception on a computer component (see MPEP 2106.05(f)).
The limitation of “the first sensor … configured for continuously collecting the first monitored data …” represents a mere means and operation for data gathering. The limitation is recited at a high level of generality and recited so generically it represents no more than an insignificant extra-solution activity of gathering data (see MPEP 2106.05(g)).
The limitation of “the first sensor … configured for continuously … sending the first monitored data to the smart gateway” represents a mere means and operation for the output of data. The “sending” is recited at a high level of generality and recited so generically it represents more than an insignificant extra-solution activity of outputting data (see MPEP 2106.05(g)).
The limitation of “a terminal device … configured for providing a triggering instruction to the smart gateway, wherein the triggering instruction contains a target monitored numerical value of a same type as a type of the monitored data” represents a mere means and operation for the output of data. The “sending” is recited at a high level of generality and recited so generically it represents more than an insignificant extra-solution activity of outputting data (see MPEP 2106.05(g)).
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
At step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As previously discussed with respect to the integration of the abstract idea into a practical application, the additional elements of “the first sensor, communicatively connected to the smart gateway …”; and “a terminal device, communicatively connected to the smart gateway … ” amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept. See MPEP 2106.05(d)(II), “Courts have held computer‐implemented processes not to be significantly more than an abstract idea (and thus ineligible) where the claim as a whole amounts to nothing more than generic computer functions merely used to implement an abstract idea, such as an idea that could be done by a human analog (i.e., by hand or by merely thinking).”
The limitation of “the first sensor … configured for continuously collecting the first monitored data …”, as discussed above, represents a mere means and operation for gathering data and is an insignificant extra-solution activity. Further, the limitation is well-understood, routine and conventional; wherein the courts have found limitations directed to obtaining data, recited at a high level of generality, to be well-understood, routine, and conventional. See MPEP 2106.05(d)(II), “storing and retrieving information in memory”.
The limitation of “the first sensor … configured for continuously … sending the first monitored data to the smart gateway”, as discussed above, represents a mere means and operation for outputting data and is an insignificant extra-solution activity. Further, the courts have found limitations directed to data transmission, recited at a high level of generality, to be well-known, routine, and conventional. See MPEP 2106.05(d)(II), “receiving or transmitting data over a network”.
The limitation of “a terminal device … configured for providing a triggering instruction to the smart gateway, wherein the triggering instruction contains a target monitored numerical value of a same type as a type of the monitored data”, as discussed above, represents a mere means and operation for outputting data and is an insignificant extra-solution activity. Further, the courts have found limitations directed to data transmission, recited at a high level of generality, to be well-known, routine, and conventional. See MPEP 2106.05(d)(II), “receiving or transmitting data over a network”.
Considering the additional elements individually and in combination and the claim as a whole, the additional elements do not provide significantly more than the abstract idea. The claim is not patent eligible.
Claim 19:
At step 2A, prong two, the claim recites “… a second sensor, communicatively connected to the smart gateway, configured for continuously collecting second real-time monitored data and sending the second real-time monitored data to the smart gateway”.
The limitation of “… a second sensor, communicatively connected to the smart gateway …” is recited at a high level of generality and recited so generically that it represents no more than mere instructions to apply the judicial exception on a computer component (see MPEP 2106.05(f)).
The limitation of “… a second sensor … configured for continuously collecting second real-time monitored data …” represents a mere means and operation for data gathering. The limitation is recited at a high level of generality and recited so generically it represents no more than an insignificant extra-solution activity of gathering data (see MPEP 2106.05(g)).
The limitation of “… a second sensor … configured for continuously … sending the second real-time monitored data to the smart gateway” represents a mere means and operation for the output of data. The “sending” is recited at a high level of generality and recited so generically it represents more than an insignificant extra-solution activity of outputting data (see MPEP 2106.05(g)).
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
At step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As previously discussed with respect to the integration of the abstract idea into a practical application, the additional element of “… a second sensor, communicatively connected to the smart gateway …” amounts to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept. See MPEP 2106.05(d)(II), “Courts have held computer‐implemented processes not to be significantly more than an abstract idea (and thus ineligible) where the claim as a whole amounts to nothing more than generic computer functions merely used to implement an abstract idea, such as an idea that could be done by a human analog (i.e., by hand or by merely thinking).”
The limitation of “… a second sensor … configured for continuously collecting second real-time monitored data …”, as discussed above, represents a mere means and operation for gathering data and is an insignificant extra-solution activity. Further, the limitation is well-understood, routine and conventional; wherein the courts have found limitations directed to obtaining data, recited at a high level of generality, to be well-understood, routine, and conventional. See MPEP 2106.05(d)(II), “storing and retrieving information in memory”.
The limitation of “… a second sensor … configured for continuously … sending the second real-time monitored data to the smart gateway”, as discussed above, represents a mere means and operation for outputting data and is an insignificant extra-solution activity. Further, the courts have found limitations directed to data transmission, recited at a high level of generality, to be well-known, routine, and conventional. See MPEP 2106.05(d)(II), “receiving or transmitting data over a network”.
Considering the additional elements individually and in combination and the claim as a whole, the additional elements do not provide significantly more than the abstract idea. The claim is not patent eligible.
Claim 20:
Claim 20 represents an equivalent non-transitory computer-readable storage medium claim to claim 1 and is rejected under 35 U.S.C. 101 for the same rationale as set forth in claim 1.
The limitation of “… the method for controlling the smart device according to claim 1” stands rejected for the same rationale as set forth in claim 1 by virtue of the incorporation of “the method” of claim 1 into claim 20.
Additionally, at step 2A, prong two, the judicial is not integrated into a practical application. In particular, the claim recites “(a) non-transitory computer-readable storage medium, storing a computer program, wherein the computer program, when the computer program is executed by a processor …”.
The limitations of “(a) non-transitory computer-readable storage medium, storing a computer program, wherein the computer program, when the computer program is executed by a processor …” is recited at a high level of generality and recited so generically that it represents no more than mere instructions to apply the judicial exception on a computer component (see MPEP 2106.05(f)).
Accordingly, these additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
At step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As previously discussed with respect to the integration of the abstract idea into a practical application, the addition of the elements of “(a) non-transitory computer-readable storage medium, storing a computer program, wherein the computer program, when the computer program is executed by a processor …”, amounts to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept. See MPEP 2106.05(d)(II), “Courts have held computer‐implemented processes not to be significantly more than an abstract idea (and thus ineligible) where the claim as a whole amounts to nothing more than generic computer functions merely used to implement an abstract idea, such as an idea that could be done by a human analog (i.e., by hand or by merely thinking).”
Considering the additional element individually and the claim as a whole, the additional elements do not provide significantly more than the abstract idea. The claim is not patent eligible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The following references are cited to further show the state of the art with respect to air conditioning systems, home automation systems and monitoring and control systems.
U.S. Patent Publication No. 2022/0103395 A1 discloses a device control method and a device.
U.S. Patent Publication No. 2022/0197258 A1 discloses an action trigger method and apparatus for triggering an operation.
U.S. Patent Publication No. 2023/0039961 A1 discloses systems and methods of utilizing specialized electronics and software to control and record environmental conditions, power consumption, and/or other business and/or technical data obtained from the specialized electronics and/or other devices, placed throughout a facility.
U.S. Patent Publication No. 2023/0188602 A1 discloses a method for associating actions for Internet of things, an electronic device, and a computer-readable storage medium.
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/JENNIFER L NORTON/Primary Examiner, Art Unit 2117
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