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 .
Status of Claim
The following is a Final Office Action in response to communications filed on 22 of August 2025.
Claims 1 and 11 have been amended.
Claims 1, 3-11, and 13-20 are currently pending and are rejected as described below.
Response to Argument/Remarks
35 USC § 112
Applicant’s amendments to claims 1 and 11 are sufficient to overcome the 35 U.S.C. 112. Accordingly, the previous rejection of claims 1, 3-11, and 13-20 under 35 U.S.C 112 is withdrawn.
35 USC § 101
Applicant asserts Clickstream analysis by necessity is driven by computer function tracking by way of the processor. Clickstream analysis cannot be completed in the mind as it requires precise and accurate tracking of mouse movements and how these correspond to the user interface. Further, the applicant asserts that the claims do not in fact recite any mathematical concepts, and are certainly not directed to a mathematical concept. The examiner respectfully disagrees. While the specification may help illuminate the true focus of a claim, when analyzing patent eligibility, reliance on the specification must always yield to the claim language in identifying that focus." Id. at 766; see also Trinity Info Media, 72 F.4th at 1363 ("Our focus is on the claims, as informed by the specification."). At bottom, we must "articulate what the claims are directed to with enough specificity to ensure the step one inquiry is meaningful." Thales Visionix Inc. v. United States, 850 F.3d 1343, 1347 (Fed. Cir. 2017). Therefore, the invention remains an observation (i.e. a mental process) and a mathematical calculation (i.e. a mathematical concept) of aggregating success metrics into one single metric, normalizing results, aggregating clickstream data into branched decision tress structure, identifying points of confusion, and redesign a website merely applied by generic computer components disclosed at a high level of generality and do not satisfy the Alice Test. The examiner notes that there is no mention in the claims of precisely tracking mouse movements and how they corresponds to the user interface.
Additionally, this is a misplaced argument because under Step 2A Prong I, the examiner has to determine whether the claim language is an abstract idea (i.e. a judicial exception). The invention is aimed at a method and system for improving an output by collecting data on various clients over certain attributes and normalize a success percentage to a behavior metric which corresponds to concepts identified by the courts as abstract ideas, collecting information, analyzing it, and displaying certain results can be done mentally or with the aid of pen and paper. The Supreme Court recognized this in Benson, determining that a mathematical algorithm for converting binary coded decimal to pure binary within a computer’s shift register was an abstract idea. The Court concluded that the algorithm could be performed purely mentally even though the claimed procedures "can be carried out in existing computers long in use, no new machinery being necessary." 409 U.S at 67, 175 USPQ at 675. See also Mortgage Grader, 811 F.3d at 1324, 117 USPQ2d at 1699 (concluding that concept of "anonymous loan shopping" recited in a computer system claim is an abstract idea because it could be "performed by humans without a computer"). It is important to note that a general purpose computer that applies a judicial exception, such as an abstract idea, by use of conventional computer functions does not qualify as a particular machine. Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709, 716-17, 112 USPQ2d 1750, 1755-56 (Fed. Cir. 2014). See also TLI Communications LLC v. AV Automotive LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (mere recitation of concrete or tangible components is not an inventive concept).
Considered as an ordered combination, the generic computer components of applicant’s claimed invention add nothing that is not already present when the limitations are considered separately. For example, claims 1 and 11 do not purport to improve the functioning of the computer components themselves. Nor does it affect an improvement in any other technology or technical field. Instead, claim 11 amounts to nothing significantly more than an instruction to apply the abstract ideas using generic computer components performing routine computer functions. That is not enough to transform an abstract idea into a patent-eligible invention. See Alice, 573 U.S. at 225-26.
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 a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machines, article of manufacture, or composition of matter. If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so, it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea. Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. ____ (2014). See MPEP 2106.03(II).
The claims are then analyzed to determine if the claims are directed to a judicial exception. MPEP §2106.04(a). In determining, whether the claims are directed to a judicial exception, the claims are analyzed to evaluate whether the claims recite a judicial exception (Prong One of Step 2A), and whether the claims recite additional elements that integrate the judicial exception into a practical application (Prong Two of Step 2A). See 2019 Revised Patent Subject Matter Eligibility Guidance (“PEG” 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50-57 (Jan. 7, 2019)).
With respect to 2A Prong 1, claim 11 recites “collecting a plurality of success metrics for tasks on a website using recorded computer interactions; aggregating the plurality of success metrics into a single success percentage: collecting a value for a loyalty attribute, a trust attribute, an ease of use attribute, and an appearance attribute, wherein the value is the percentage of users which select the top two boxes for each of the attributes: normalizing the success percentage to a behavior metric, and wherein the normalizing includes converting the percentage into a five-point scale; combining the attribute values and the behavior metric into the QX score; collecting clickstream data based upon capturing data on a processor of where a user clicks a given user interface: aggregating the clickstream data into branched decision tree structure; apply a neural network to the branched decision tree structure to identify points of confusion; redesigning the website to resolve the points of confusion; repeating the calculation of the QX score for the redesigned website: and quantifiably measuring the improvement in the website by comparing the QX scores”. Claim 1 discloses similar limitations as Claim 11, and therefore recites an abstract idea.
More specifically, claims 1 and 11 are directed to “Mental Processes” in particular “concepts performed in the human mind (including an observation, evaluation, judgment, opinion)” and “Mathematical Concepts” in particular “mathematical calculations” as discussed in MPEP §2106.04(a)(2), and in the 2019-01-08 Revised Patent Subject Matter Eligibility Guidance. Accordingly, the claims recite an abstract idea.
Dependent claims 3-10 and 13-20 further recite abstract idea(s) contained within the independent claims, and do not contribute to significant more or enable practical application. Thus, the dependent claims are rejected under 101 based on the same rationale as the independent claims.
Under Prong Two of Step 2A of the Alice/Mayo test, the examiner acknowledges that Claim 1 does not recite additional elements and 11 recites additional elements in the preamble yet the additional elements do not integrate the abstract idea into a practical application. In order for the judicial exception to be “integrated into a practical application”, an additional element or a combination of additional elements in the claim “will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception.” PEG, 84 Fed. Reg. 54 (Jan. 7, 2019). The courts have identified examples in which a judicial exception has not been integrated into a practical application when “an additional element does no more than generally link the use of a judicial exception to a particular technological environment or field of use.” PEG, 84 Fed. Reg. 55 (Jan. 7, 2019); MPEP § 2106.05(h). The claims are directed to an abstract idea.
In particular, claims 1 and 11 recite additional elements boldened and underline above. These are generic computer components recited as performing generic computer functions that are mere instructions to apply an exception, because it does no more than merely invoke computers or machinery as a tool to perform an existing process. Further, the remaining additional elements italicized above reflect insignificant extra solution activities to the judicial exception. Accordingly, these additional elements do not integrate the abstract idea into a practical application. The claim is directed to an abstract idea.
With respect to step 2B, claims 1 and 11 do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. The claim recites the additional elements “computer program product”, “non-transitory readable memory”, and “computer system”. These are generic computer components recited as performing generic computer functions that are mere instructions to apply an exception, because it does no more than merely invoke computers or machinery as a tool to perform an existing process, as evidenced by at least ¶135-137 "The machine may be a server computer, a client computer, a virtual machine, a personal computer (PC), a tablet PC, a laptop computer, a set-top box (STB), a personal digital assistant (PDA), a cellular telephone, an iPhone, a Blackberry, a processor, a telephone, a web appliance, a network router, switch or bridge, or any machine capable of executing a set of instructions (sequential or otherwise) that specify actions to be taken by that machine. In general, the routines executed to implement the embodiments of the disclosure may be implemented as part of an operating system or a specific application, component, program, object, module or sequence of instructions referred to as "computer programs." The computer programs typically comprise one or more instructions set at various times in various memory and storage devices in a computer, and when read and executed by one or more processing units or processors in a computer, cause the computer to perform operations to execute elements involving the various aspects of the disclosure”.
As a result, claims 1 and 11 do not include additional elements, when recited alone or in combination, that amount to significantly more than the above-identified judicial exception (the abstract idea). Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
Claims 3-10 and 13-20 do not disclose additional elements, further narrowing the abstract ideas of the independent claims and thus not practically integrated under prong 2A as part of a practical application or under 2B not significantly more for the same reasons and rationale as above.
After considering all claim elements, both individually and in combination, Examiner has determined that the claims are directed to the above abstract ideas and do not amount to significantly more. See Alice Corporation Pty. Ltd. v. CLS Bank International, No. 13–298.
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 extension fee 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 MATHEUS R STIVALETTI whose telephone number is (571)272-5758. The examiner can normally be reached on M-F 8:30-5:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rutao (Rob) Wu can be reached on (571)272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-1822.
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/MATHEUS RIBEIRO STIVALETTI/Primary Examiner, Art Unit 3623 10/15/2025