Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea/mental process/data gathering without significantly more.
With regards to claims 1 and 20, The claim(s) recite(s) “a calculation processing unit” and “an assignment output unit”. This judicial exception is not integrated into a practical application because under its broadest reasonable interpretation in light of the specification, these limitations encompass the mental process (concept performed in a human mind including observation, evaluation, forming a judgment, or opinion) of calculating an objective function regarding a combination of a molecule and an output information on assignment of the labeling phosphors to respective biomolecules, which practically capable of being performed in the human mind with the assistance of pen and paper. Additionally, the information being generated amount no more than mere data gathering and applying with a general purpose computer. These elements, individually and in combination, are well understood, routing, conventional activity. Therefore, the claim is ineligible.
The analysis of claims 2-17 is similar to the analysis of claim 1 and are also not considered patent eligible.
With regards to claims 18 and 19, The claim(s) recite(s) “a calculation processing step” and “an output step”. This judicial exception is not integrated into a practical application because under its broadest reasonable interpretation in light of the specification, these limitations encompass the mental process (concept performed in a human mind including observation, evaluation, forming a judgment, or opinion) of calculating an objective function regarding a combination of a molecule and an output information on assignment of the labeling phosphors to respective biomolecules, which practically capable of being performed in the human mind with the assistance of pen and paper. Additionally, the information being generated amount no more than mere data gathering and applying with a general purpose computer. These elements, individually and in combination, are well understood, routing, conventional activity. Therefore, the claim is ineligible.
With regards to claim 21, The claim(s) recite(s) “a combinatorial optimization processing unit”. This judicial exception is not integrated into a practical application because under its broadest reasonable interpretation in light of the specification, these limitations encompass the mental process (concept performed in a human mind including observation, evaluation, forming a judgment, or opinion) of using coefficients of an objective function, which practically capable of being performed in the human mind with the assistance of pen and paper. Additionally, the information being generated amount no more than mere data gathering and applying with a general purpose computer. These elements, individually and in combination, are well understood, routing, conventional activity. Therefore, the claim is ineligible.
The analysis of claims 22-23 is similar to the analysis of claim 21 and are also not considered patent eligible.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JYOTI NAGPAUL whose telephone number is (571)272-1273. The examiner can normally be reached M-F 9am to 5pm, EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Capozzi can be reached at 571-270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JYOTI Mutreja/Primary Examiner, Art Unit 1798
Prosecution Insights