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 .
Detailed Action
The Amendments and Remarks filed 3/26/26 in response to the Office Action of 1/8/26 are acknowledged and have been entered.
Claims 31-39 have been added by Applicant.
Claims 12-16, 18, 23, 25, 27, and 31-39 are pending.
Claims 12-16, 18, 23, 25, and 27 have been amended by Applicant.
Claims 12-16, 18, 23, 25, 27, and 31-39 are currently under examination.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The following Office Action contains NEW GROUNDS of rejections Necessitated by Amendments.
Rejections Withdrawn
All previous rejections are withdrawn.
New Rejections Necessitated by Amendments
Claim Rejections - 35 USC § 101
Claims 16, 23, 25, 27, and 33-38 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims do not recite a process, machine, manufacture, or composition of matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because a combination of steps of solely “comparing” and “determining” is not a process, machine, manufacture, or composition of matter. See MPEP 2106.03 The claimed combinations of steps of solely “comparing” and “determining” is not a “process”/method because it is not an act or step, a series of acts or steps, a mode of treatment of certain materials to produce a given result, or an act, or a series of acts, performed upon subject-matter to be transformed and reduced to a different state or thing. The claimed combinations of steps of solely “comparing” and “determining” is not a “machine” because it is not a concrete thing, consisting of parts, or of certain devices and combination of devices. The claimed combinations of steps of solely “comparing” and “determining” is not a “manufacture” because it is not a tangible article. The claimed combinations of steps of solely “comparing” and “determining” is not a “composition of matter” because it is not a combination of two or more substances.
Claim Rejections - 35 USC § 101
Claim 16, 23, 25, 27, and 33-38 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception(s) (i.e., a law of nature, a natural phenomenon, and/or an abstract idea) without significantly more. Abstract ideas include mathematical concepts (including mathematical relationships, formulas, equations, and calculations), mental processes (including concepts performed in the human mind), and certain methods of organizing human activity (including managing personal behavior, relationships, or interactions between people). The rationale for this determination is explained below:
Claims 16, 23, 25, 27, and 33-38 are directed to abstract ideas because the claims recite an abstract idea (“Step 2A prong one”) and the judicial exception(s) is/are not integrated into a practical application (“Step 2A prong two”). The “abstract idea” is: a combination of comparing and determining steps (mental processes). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception(s). A claim that focuses on judicial exception(s) can be shown to recite something “significantly more” than the judicial exception(s) by reciting a meaningful limitation beyond the judicial exceptions. However, in the instant case, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claim is solely limited to performing abstract ideas (“Step 2B”).
Allowable Subject Matter
Claims 12-15, 18, 31, 32, and 39 are allowed.
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.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samira Jean-Louis can be reached at (571)270-3503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN E AEDER/ Primary Examiner, Art Unit 1642
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