DETAILED ACTION
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 .
Claims 1, 4-8, and 11-16 are pending.
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, 4-8 and 15-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
At Step 1:
The claims 1 and 15-16 is directed to an "information processing apparatus", “a non-transitory computer readable storage medium causing a computer to execute a process, and “a method”, respectively and thus directed to a statutory category.
At Step 2A, Prong One:
The claim recites the following limitations directed to an abstract idea:
• " the set value of the transition time is obtained based on a first history of a time interval between a return point in time at which the apparatus returns from the power saving mode to the non-power saving mode and an end point in time at which execution of a job by the apparatus is ended, and a history of the time interval is obtained for each predetermined period" as drafted, this recites a mental process, such as measuring a time when a person turns on and off a printer where turning on the printer includes starting a print job. That is, nothing in the claimed elements precludes the steps from practically being performed in the mind or with pen and paper.
• "change a value of the transition time " as drafted, this recites a mental process. That is, nothing in the claimed elements precludes the steps from practically being performed in the mind or with pen and paper.
• "calculate, as first relationship …" as drafted, this recites a mathematical relationship
• "specify the set value of the transition time with which the target value is achieved …" as drafted, this recites a mental process of choosing a set value based on a calculation. That is, nothing in the claimed elements precludes the steps from practically being performed in the mind or with pen and paper.
At Step 2A, Prong Two:
The claim recites the following additional elements:
• That the apparatus includes a processor through which is a high-level recitation of a generic computer components and represents mere instructions to apply on a computer as in MPEP 2106.05(f), which does not provide integration into a practical application.
• mere instructions to apply on a computer as in MPEP 2106.05(f), which does not provide integration into a practical application.
• "output a set value … and a target value of a return time” recites insignificant extra-solution activity as retrieval/receiving of data (i.e. mere data gathering) such as 'obtaining information' as identified in MPEP 2106.05(g) and does not provide integration into a practical application.
Viewing the additional limitations together and the claim as a whole, nothing provides integration into a practical application.
At Step 2B:
• The conclusions for the mere implementation using a computer and merely linking to a field of use are carried over and does not provide significantly more.
• With respect to the "output" identified as insignificant extra-solution activity above when re-evaluated is well-understood, routine, and conventional, see MPEP 2106.05(d)(II) for Berkheimer support as in "i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec … buySAFE, Inc. v. Google… (computer receives and sends information over a network)."
Claims 4-7 covers performance of the limitation in the mind but for the recitation of the generic computer components. If a claim limitation, under its broadest reasonable interpretation covers performance of the limitation in the mind but for the recitation of the generic computer components then it falls within the Mental Processes grouping of abstract ideas. Accordingly, the claim recites an abstract idea without being integrated into a practical application without significantly more. The claims are not patent eligible.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4-8, and 11-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 15-16 recite “a set value of a transition time” and “a value of the transition time”. It is unclear if the “set value of a transition time” and the “value of the transition time” are the same or different and if they are different how to distinguish the difference in meaning.
Claim 1 and 15-16 recite “a target value of a return time” and “the target value”. It is unclear if the “a target value of a return time” and the “the target value” are the same or different. For examination purposes, “the target value” will be read as “the target value of the return time”.
Claim 1 and 15-16 recites “a value of the transition time” and “for each value of a transition time”. It is unclear how “a value of the transition time” can have multiple different values of transition times.
Claims 4-8 and 11-14 are also rejected as incorporating the deficiencies of the claims that they are dependent upon.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-8, and 11-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHERI L. HARRINGTON whose telephone number is (571)270-0468. The examiner can normally be reached Generally, M-F, 7:30a-4p.
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/CHERI L HARRINGTON/Examiner, Art Unit 2176 November 14, 2025
/JAWEED A ABBASZADEH/Supervisory Patent Examiner, Art Unit 2176