DETAILED ACTION
This action is responsive to the Application filed 9/23/22.
Accordingly, claims 1-23 are submitted for prosecution on merits.
Claim Rejections - 35 USC § 112
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.
Claim 4 is 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.
Claim 4 recites the limitation "the mapped data" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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 and 16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim(s) 1 and 16 is/are directed to Abstract Idea type of Judicial Exception. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because of the following 2 step analysis.
A) Claim 1 per analysis step 1
The claim relates to an apparatus being a system category
Claim 1 per analysis step 2A:
The claim contains steps of “receiving” user data and microservice data, which can be part of pre-activity steps to a Judicial exception step expressed as step of “determining” microservice data, as the determining step can be performed within a mental process by a human mind, without need to externalize the finding or facts derived mentally into a concrete product, a device or apparatus. The scenario of gathering or acquiring information (via a computer interface) and determining information based on the acquired data is typical to a Abstract Idea process.
The recited steps in claim 1 cannot be viewed as process or steps action that can be combined to lead to a practical application, as the results from the receiving and determining can be information that can remain inside one ‘s mental state
Claim 1 per step 2B:
One can see that additional elements found in claim 1 in terms of a) apparatus , processing circuitry and machine readable instructions, and b) database and hardware microservice can be viewed as for a) a computer environment on which data can be obtained and presented for a user to perform the mental process of “determining”, whereas for b) the database and hardware microservice are merely characterizing data obtained on the computer, and notably not integrated with or contributive to how the determining step is implemented or carried out.
Therefore, the additional elements of claim 1 cannot be viewed as substantially elevating the mental process of claim 1 to much more than the Judicial Exception characterizing it.
Claim 1 is directed to a mental process typical of a Judicial Exception of the Abstract Idea statutory deficiency.
B) Claim 16: 2 step-analysis:
Step 1:
Claim 16 belongs to a method/process category
Step 2, prong A
Claim 16 recites the pre-activity steps of receiving, gathering information via a computer and the determining step that constitute action performed by a mere mental process that do not result in externalized, tangible product in a real, industrial world.
Claim 16 contain step actions that are conducive to a Judicial Exception the same manner as claim 1 was identified; that is, the data determined by method claim 16 cannot be realized into real world and/or transformed into concrete product via a machine. In other words, claim 16 cannot be turned into a Practical Application.
Step2, prong B
The “additional elements” of claim 16 are the same elements recited with claim 1, and in all, these additional elements (i.e. apparatus, processing circuitry, machine readable instructions, database and hardware microservice) cannot be viewed as elevating the mental process of claim 16 to substantially much more that the Judicial Exception identified therewith.
C) Analysis of the dependent claims, per Step 2, prong b
Claim 2 amounts to step of transmitting data indicative of microservice and can be viewed a post-activity step that follows a Judicial exception infringement expressed as the “determining” step.
Claim 3, amounts to characterizing “user data” hence cannot remedy to the mental nature of the determining step in claim 1.
Claim 4 describes mapped data thus fails to consolidate how this feature would necessitate HW and/or transform claim 1 into a Practical Application
Claims 5-6 for reciting establishing a connection amount to pre-activity to a the mental process step of claim 1, whereas rendering microservices in claim 7 amounts to a post-activity step that follows the Judicial exception of claim 1.
Claim 8 recites “obtain a statistic” and “transmit offer data” and can be viewed as post-activity steps following to the mental step of “determining” constituting the crux of claim 1; hence fail to render claim 1 to make it substantially more than a Judicial Exception.
Claims 9 recites descriptive information of an apparatus and cannot cure to the mental process of claim 1
Claims 10-11 recite step of receiving data indicative of microservices, transmitting of user data and receiving mapped data indicative of microservices; and in all, as post-activities, these steps cannot upconvert the mental process of claim 1 to substantially much more than a Judicial Exception.
Claims 12-13 recites checking of user data, and categorizing service data and in all, can be viewed as not curing to the mental process of claim 1.
Claim 14 recites pre-activity of creating a UI from which the determining step can perform the mental process of claim 1.
Claim 15 recites description of user data as in intent to perform a document and cannot be viewed as transforming the abstract Idea of claim 1 into a practical Application.
Claim 17 (dependent to claim 16) for establishing a tunnel amounts to a pre-activity step that precedes the Judicial Exception of claim 15.
Claim 18 (dependent to claim 16) recites provision of microservices and arranging of recipe for rendering actions, but these amount to post-activity steps to the identified mental process of claim 16.
Claim 19-20 recites providing a catalog and generating a universal format but these steps are viewed post-activity steps subsequent to the “determining” (of microservice data) in claim 16.
Claim 22 recites a computer medium to claim 16 and can be subsumed to the computer element mentioned as “additional elements” to the determining step.
That is, most or all of the dependent claims fail to cure to the deficiency of the base claims 1 and/or 16, and therefore are deemed unpatentable for being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 4, 7-14, 16, 18-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Halty et al, USPubN: 2021/0065123 (herein Halty).
As per claim 1, Halty discloses an apparatus, the apparatus comprising interface circuitry (platform 110, user-interface – para 0117), machine-readable instructions and processing circuitry to execute the machine-readable instructions to:
receive, from an interface apparatus (platform 110 - para 0126; platform 110- para 0065; clean technology platform – para 0011-0013; platform 110 – para 0043), user data (candidate leads, design, finance options, pricing options, document collection, scheduling, fulfilling installation or tracking installation – para 0066; signals … status changes with respect to microservices … by qualified freelancers – para 0014; Fig. 6A, 6B) indicative of a hardware microservice (managing microservices selected by and carried out by the users with respect to lead generation, lead conversion and fulfillment – para 0066) requested by a user (Note1: clean technology including service associated with energy, waste affecting environment and protection, recycling activities – para 0037; solar panel installation – para 0075, Fig. 6A, 6B – reads on platform collecting information from users related to services provided by hardware, solar, energy-related utilities, equipment and, recycling, waste transportation all representing hardware-based microservices used by or rendered for consumers or end-users; e.g. solar energy install – Fig. 4A)
receive, from a database (clean technology platform and database … stores data representative of microservices managed by the clean technology platform – para 0010; stores data relating to microservices managed by the clean technology platform – para 0045) microservice data indicative of (through user-interfaces of respective computing devices coupled to the clean technology platform to view … one or more of the microservices relating to lead generation, lead conversion or fulfillment of clean technology installations – para 0010; para 0074) a plurality of hardware microservices (data relating to microservices managed by the clean technology platform – para 0045); and
determine a hardware microservice (e.g. identify candidates and generate leads ... to deploy clean technology products like install solar panels – para 0075; para 0046; identify candidates for solar panel 412 – Fig. 4A – Note2: determining candidate clean technology product such as to fulfill user request for solar install microservice reads on determining a candidate hardware microservice on basis of criteria, filters per some database collected information in accommodating user request for a solar install – para 0017; microservices relating to lead conversion … microservices pertaining to solar installation – para 0050) based on the plurality of hardware microservices (see data aggregated in database from above) and the requested hardware microservice of the user (see Fig. 6A, 6B; see matching criteria in lead generation for fulfillment – para 0025-0027; para 0050).
As per claim 2, Halty discloses apparatus according to claim 1, wherein the processing circuitry is further to transmit, to the interface apparatus, mapped data (para 0096-0097; para 0121 – Note3: visual data presented so to enable the user to interactively specify location at which a solar install – equipment based microservice - is to be performed reads on circuitry transmitting to the user interface map data indicative of a HW microservice) indicative of the determined hardware microservice (Fig. 8B).
As per claim 4, Halty discloses apparatus according to claim 1, wherein the mapped data comprises an integrated development environment language of the interface apparatus or a universal language (see geographical map – para 0096-0097 - or UI representation provided as universal language enabling user understanding, capture or selection, interactive specification of a geo location per Note3 in claim 2) which could be interpreted by the interface apparatus.
As per claim 7, Halty discloses apparatus according to claim 1, wherein the processing circuitry is further to render the plurality of hardware microservices (users … who can view and select microservices managed by the platform 110 … one or more microservices related to lead generation … for deployment of a clean technology, such as a solar panel – para 0046; candidates for Solar panel Installation 412 – Fig. 4A; user can view and select different microservices – para 0053; through user-interfaces … coupled to the clean technology … to view and select one or more of the microservices relating to the lead generation – para 0072) to the requested hardware microservice (refer to Note1).
As per claim 8, Halty discloses apparatus according to claim 1, wherein the processing circuitry is further to:
obtain a statistic (user is homeowner registered … to have solar panels installed … dashboard includes display areas … control panel allows the user to … navigate information regarding track progress, profile, contribution, promotions, notifications … dashboard indicating the completion percentage – para 0094 )of requested hardware microservice; and transmit offer data indicative of an offered hardware microservice to the interface circuitry (platform 110, enable a user to view and track the project - para 0095).
As per claim 9, Halty discloses apparatus according to claim 1, wherein interface apparatus is part of an end client (browser to display … panels that enable a user to select and view data … home energy usage – para 0117) and the apparatus is part of a server (platform 110 … implemented on one or more servers … SasS … web servers … coupled to servers of platform 110 to support SaaS operations – para 0045).
As per claim 10, Halty discloses apparatus according to claim 1, wherein the processing circuitry is further to receive, from multiple databases, microservice data (clean technology platform and database … stores data representative of microservices managed by the clean technology platform – para 0010; stores data relating to microservices managed by the clean technology platform – para 0045; through user-interfaces of respective computing devices coupled to the clean technology platform to view … one or more of the microservices relating to lead generation, lead conversion or fulfillment of clean technology installations – para 0010; para 0074) indicative of a plurality of hardware microservices of the multiple databases (DBaaS – para 0126).
As per claim 11, Halty discloses an apparatus, the apparatus comprising interface circuitry (para 0117-0118; platform 110 … implemented on one or more servers – para 0045), machine-readable instructions and processing circuitry to execute the machine-readable instructions to:
transmit, to the apparatus according to claim 1, user data (e.g. candidate leads, design, finance options, pricing options, document collection, scheduling, fulfilling installation or tracking installation – para 0066; signals … status changes with respect to microservices … by qualified freelancers – para 0014; Fig. 6A, 6B; contact data, homeowner name, roof type, monthly bill amount, credit score … familiarity with solar, interests, age of roof, planning on a move – para 0075) indicative of a hardware microservice (refer to Note1; filters for solar panel – Fig. 5) requested by a user (refer to claim 1); and
receive, from the apparatus, mapped data (para 0096-0097; para 0121 – refer to Note3) indicative of a determined hardware microservice based on the user data (see above).
As per claim 12, Halty discloses interface apparatus according to claim 11, wherein the processing circuitry is further to check whether the user data is supported (notify the user that … QC coordinator validating the application – para 0109; validation …to vet data – para 0120; once the design is accepted – para 0104) by the apparatus.
As per claim 13, Halty discloses interface apparatus according to claim 11, wherein the processing circuitry is further to categorize (fulfillment provider to categories 453 – Fig. 4E; fulfillment provider and their services … based on their categories, coverage area, capabilities, pricing – para 0091) the requested hardware microservice (refer to lead generation, solar Panel installation - Fig. 4A; fulfillment – Fig. 4D, 4E) of the user.
As per claim 14, Halty discloses interface apparatus according to claim 11, wherein the processing circuitry is further to establish a user interface (display view – para 0108; Fig. 8M, 8N) to receive the user data (user to review and sign documents pertinent to the fulfillment – para 0108) by generating a software hook (along with control buttons or links to … upload, or electronically sign … enable a user to verify … service manager … create a microservice … to fulfill the installation – para 0108) into a development environment (see create a microservice – para 0108; Fig. 8N, 8O; Fig. 8H; customize the design, and upload a customized design – para 0102).
As per claim 16, Halty discloses a method, comprising:
receiving, from a development environment, user data indicative (refer to claim 1) of a hardware microservice (refer to claim 1, see Note1) requested by a user (refer to claim 1);
receiving, from a database (refer to claim 1), microservice data indicative (refer to claim 1) of a plurality of hardware microservices; and
determining a hardware microservice (refer to claim 1) based on the plurality of hardware microservices (see above) and the requested hardware microservice of the user (refer to claim 1).
As per claim 18, Halty discloses method according to claim 16, further comprising:
provision hardware microservices of the plurality of hardware microservice (refer to claim 7) according to the user data (refer to claim 1); and
arranging an associated hardware microservice recipe (e.g. contact data from disparate sources of leads is aggregated … data aggregator – para 0074; aggregated contact data … to identify candidates and generate leads … to deploy clean technology products like install solar panels- para 0075; para 0119) for rendering actions (see deploy clean technology products – para 0075; leads to a physical clean technology deployment – para 0076) in a development environment.
As per claim 19, Halty discloses method according to claim 16, further comprising providing a catalog (database … storing data representativity of microservices managed by the clean technology platform – claim 1, pg. 10) of determined hardware microservices based on the plurality of hardware microservices and the requested hardware microservice (refer to claim 1) of the user.
As per claim 20, Halty discloses method according to claim 16, further comprising generating a universal format (refer to visual representation or map data as universal language per claim 4) comprising the determined hardware service (e.g. para 0096-0097).
As per claim 21, Halty discloses a method, comprising:
transmitting user data indicative of a hardware microservice requested by a user; and
receiving mapped data indicative of a determined hardware microservice based on the user data.
(all of which having been addressed in claim 1)
As per claim 22, Halty discloses a non-transitory, computer-readable medium comprising a program code that, when the program code (para 0125) is executed on a computer, a processor, or a programmable hardware component, performs the method according to claim 16.
As per claim 23, Halty discloses a non-transitory, computer-readable medium comprising a program code that, when the program code is executed on a computer, a processor, or a programmable hardware component, performs the method according to claim 21
(refer to claim 22).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3 is/are rejected under § 35 U.S.C. 103 as being unpatentable over Halty et al, USPubN: 2021/0065123 (herein Halty) in view of Padmanabhuni et al, USPubN: 2012/0240103 (herein Pmn_bhuni) and Hilgers et al, USPubN: 2008/0244399 (herein Hilgers)
As per claim 3, Halty does not explicitly disclose apparatus according to claim 1, wherein the user data comprises an integrated development environment language of the interface apparatus and the microservice data comprises a look-up language to look-up hardware microservices.
User data and specifications for requesting a HW microservice in Halty comprise a universal language conveyed via UI and visual panels to enable the user to submit their request and specify their information associated with the request.
Pmn_bhumi discloses implementation of a definition language for consumer to express a BDI (Beliefs, Goals, Plans) model via a Definition module (module 106 – Fig. 1) with a ADL file (para 0029-0030) based thereon to define operations to be carried out in terms of software or components according to the service request of the consumer (Fig. 2-3), using a IDE platform (para 0009) in which the ADL is provided to describe parametric and operations associated with the service request (para 0037, 0040); hence, provision of a IDE language by which textual description or specifications of a consumer request can be submitted in support for the IDE to configure pertinent components or software operations as described is recognized.
A interactive environment to support contextual data provided via a application interface in relation to customer service or project management applications is shown in Hilgers (para 0030-0031) implementation of UI, a detection module, a database coupled with a look-up module (para 0032; Fig. 3), the UI comprising section for the user to specify contextual information whose contents are processed by a detection module in conjunction with the look up module for use by a server to locate contextual data from the database server (para 0039-0044; Fig. 8), including data on object, a person, task of the person, role and position in a business, the object being detected including customer information section/clipboard indicative of activities, transaction statues and service progress (para 0061-0062; Fig. 9-10); hence use of a service look-up associated with database from which to return user contextual information, user relevant activities, ongoing service statuses is recognized.
Thus, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to implement the UI type language for use with consumer request integration approach in Halty so that user specification or formulation of requests, microservices is provided in terms of language implementation such as IDE language as in Pmn_bhumi; and that returning data from support database is based on look-up module language as set forth in Hilgers customer service platform; because
IDE language can be processed by IDE underlying compiler or builder tools to generate programmatic components or source code executable representative of the activities described by the user data associated with request directed at the integration UI tool to generate microservices operations as desired by the user or freelancers in Halty’s service approach, and implementation of utilities for retrieving information from microservices database in terms of look-up language as set forth above, would help detection of information according to their recorded type, domain field or synthetic structuring, so that representation of query return from DB search or crawling can be visualized in specific UI type organization or semantic arrangement, including sectionalization of this representation into fields of significance or emphasis, which in turn would facilitate user understanding or grasp of the functional weight or contextual emphasis, by which the user can elect to deploy a particular microservice behavior or context-relevant operation.
Claims 5-6 is/are rejected under § 35 U.S.C. 103 as being unpatentable over Halty et al, USPubN: 2021/0065123 (herein Halty) in view of Meng et al, CN 104469969A, (translation), 03-25-2015, 6 pgs (herein Meng) and Shedrinsky, USPubN: 2005/0021772 (herein Shedrinsky)
As per claims 5-6, Halty does not explicitly disclose apparatus according to claim 1,
wherein the processing circuitry is further to establish a connection between the interface apparatus and the interface circuitry by a tunnel.
wherein the processing circuitry is further to establish a connection between the database and the interface circuitry by a tunnel.
Shedrinsky discloses establishing a virtual tunnel linking interface context of one processor host and another computer host, the tunnel to support communication for instance between a client application and a server application (para 0016-0017) as if there were no firewall between them, using processing and protocol conversion by a client-side proxy in correspondence with a server-side agent (para 0022, 0027-0029); hence establishing a virtual communication path via a tunnel between a server circuitry and a client apparatus is recognized.
Provision of a communication interface by which a tunnel between databases and mobile management (MM) platform entities is shown in Meng; where the requests initiated from terminals to the database are sent via the NW tunnel, and parametric responses or query returned from the database (para 0012-0017) follow the NW tunnel in accordance to correspondence between channel parameters and unique set of values pre-configured in the DB (para 0030, 0035) as established under tunnel management NW, so to support instant quality of service (para 0009-0010) – e.g. to address abnormal recovery of the mobile management NW, where defect behavior of the mobile terminals can be stored or modified with settings inside the database as reference used for future recoveries (para 0041); hence establishing connection between a database and interface circuitry of recovery entity of a MM system by way of a tunnel is recognized.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to alleviate communication complexities between a database, a server and a client computer via protocol and firewall restrictions via use of tunneling as set forth in Shedrinsky where setting of a virtual tunnel facilitate communication between apparatus interface of a client machine with processing circuitry of a server; or as in Meng use of NW managed tunnel particularly established via unique values setting between a dedicated database and the management circuitry entities to enforce communication permissibility of the tunnel; because
communication between client apparatuses and respective server circuitry entails barrier of a firewall and mismatch between protocols to meet before and after entry points or gateways across disparate network and use of tunneling virtualization as set forth as short term passage can alleviate setbacks caused by this complication in temporarily bypassing any restrictions so to permit expedite exchange between some client apparatuses and service circuitry; whereas use of tunnel configuration/management approach as set forth in Meng to establish a structured and unique communication path between a client/server circuitry and a database can enlist functionality of the very database to pre-record required credentials associated with validating requirement established by a tunnel management entity as set forth above.
As per claim 17, Halty discloses method according to claim 16, further comprising
establishing at least one tunnel between a mediation engine and a development environment (refer to rationale of claim 5) or a mediation engine and a database (refer to rationale of claim 6).
Claim(s) 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Halty et al, USPubN: 2021/0065123 (herein Halty) in view of Kumar et al, USPubN: 2018/0213347 (herein Kumar) and JP 6376851, (translation) 8-22-2018, 19 pgs (herein ‘851)
As per claim 15, Halty does not explicitly disclose interface apparatus according to claim 12, wherein when the user data comprises an unsupported DX intent the interface apparatus is further to perform at least one of document, tag or record the unsupported intent.
Kumar discloses a management service (para 0011) associated tracking of applications being selected or approved for installation by client in accordance with requirements by which applications can be installed (“approved” or uninstalled (unapproved), including providing a list of applications and identification that have authorized and slated for installation (para 0015, 0017); e.g. subjected to query by an IFrame utility (para 0047) based on which search and identification of instances of unapproved applications can be returned and subjected for removal by the management service (para 0049, 0051-0052); hence, tracking of unapproved install application by way of a management system in form of record or list subjected to query software is recognized.
Further, use of license presetting associated registration and identification of approved installation is shown in ‘851, wherein an installer service is configured to perform installation processing based on prestored registration information pertinent to the application (pg. 3), including list of permitted applications being managed by the framework (pg. 10) or installer service, enabling the latter in determining whether the application as intended is still valid or invalid based on terms of a license file (pg. 7), one of which constituting related information being appropriately stored and serving as manifest for enabling either authorization of the install by installer service, or otherwise abortion in case where an error is identified (pg. 10). Hence, registering of valid or invalid applications under management by a installer service entails unsupported intent from a client application being captured by a management service that tag or record the invalid intent via validating license information or mapping against a pre-approved list.
Thus, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to implement verification associated with authorizing installation of a microservice in handling client request thereof in Halty so that the installation requests are managed with administrative setting so to affirm intent from user in regard to authorizing the service/microservice as requested as well as to detect invalid, or unsupported intents from user data based on pre-arrangement of the microservice management layer on basis of registering or tagging of applications deemed unapproved as set forth in Kumar list tracking or those considered invalid as set forth in ‘851 license check authorization approach; because
registering of application or storing user intents deemed unsupported, invalid or unapproved instances in form of a file, record or listing enable this registered information to be retrieved and correlated in real-time against with user data from incoming requests (for service install or microservice install) as part of the service authorization layer configured for determining whether data of the incoming request either fail the criteria that govern on how these applications were unapproved or match information as listed in the unapproved instances, facilitating thereby fast detection of which user request should be authorized or denied at the front end of the service authorization system of Halty.
Conclusion
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/Tuan A Vu/
Primary Examiner, Art Unit 2193
Novembre 27, 2025