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 Claims
Claims 1-2, 4-9, and 16-22 are examined.
Claims 10-14 are withdrawn with traverse.
Claim 22 is newly added.
Response to Amendment
The amendments to the claims overcome the previous 35 U.S.C. 103 rejections; therefore, the rejections are withdrawn.
However, the amendments to the claims do not overcome the previous 35 U.S.C. 101 rejections; therefore, the rejections are sustained. See 35 U.S.C. 101 rejection below.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
claim 9 recites “different light engines of the plurality of light engines projecting to non-overlapping regions”, but the specification does not recite “projecting to non-overlapping regions”
claim 20 recites “a surface-quality measurement obtained from a sensor”, but the specification recites “a surface quality detecting device … assess the achieved surface quality”
Claim Interpretation
In claim 5, “respective optical resolutions” is interpreted as reciting to “a first optical resolution” and “a second optical resolution” in claim 1.
In claim 6, “a respective 2D exposure pattern at a respective optical resolution” is interpreted as reciting to “a first 2D exposure pattern at the first optical resolution” and “a second 2D exposure pattern at the second optical resolution” in claim 1.
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.
STEP 1: TWO CRITERIA FOR SUBJECT MATTER ELIGIBILITY
First, the claimed invention must be to one of the four statutory categories. 35 U.S.C. 101 defines the four categories of invention that Congress deemed to be the appropriate subject matter of a patent: processes, machines, manufactures and compositions of matter.
The claims fall into the category of a process using a computer system.
Second, the claimed invention also must qualify as patent-eligible subject matter, i.e., the claim must not be directed to a judicial exception unless the claim as a whole includes additional limitations amounting to significantly more than the exception. The judicial exceptions (also called "judicially recognized exceptions" or simply "exceptions") are subject matter that the courts have found to be outside of, or exceptions to, the four statutory categories of invention, and are limited to abstract ideas, laws of nature and natural phenomena (including products of nature).
STEP 2A: TWO PRONGS
PRONG 1: RECITES ABSTRACT IDEA, LAW OF NATURE, NATURAL PHENOMENON
Claim 1-2, 4-9, and 16-22 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s):
“selecting, by the controller, a first optical resolution from a plurality of optical resolutions available in the 3D printing system,
“for a different region of a same layer or for a subsequent layer, selecting, by the controller, a second optical resolution different from the first optical resolution;”
“wherein the controller is configured to select the first and second optical resolutions based at least in part on a predetermined surface quality metric of the at least one physical object”
The limitations of “selecting … a first optical resolution from a plurality of optical resolutions” and “selecting … a second optical resolution different from the first optical resolution”, “wherein … to select the first and second optical resolutions based at least in part on a predetermined surface quality of the at least one physical object” as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “by the controller,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “by the controller” language,:
“selecting” in the context of the claim encompasses the user evaluating and choosing an optical resolution for certain portions based on whether it needs to be detailed, smooth, rough, or some other quality, such evaluation could be as simple as a look up table.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
PRONG 2: DOES NOT INTEGRATE INTO PRACTICAL APPLICATION
This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – a controller that perform the selecting steps. The controller in the steps is recited at a high-level of generality (i.e., as a generic controller performing a generic computer function of selecting optical resolutions) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Mere instructions to apply an exception cannot provide an inventive concept. The claim is not patent eligible. See MPEP § 2106.05. The claim is directed to an abstract idea.
STEP 2B: DOES NOT AMOUNT TO SIGNIFICANTLY MORE
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract ideas into a practical application, the additional element of using a controller to perform the selecting steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible. See MPEP § 2106.05.
Claims 2, 4-9, and 16-22 are rejected as they depend on claim 1 and do not integrate the judicial exception into a particular, practical application and do not amount to significantly more than the judicial exception.
Regarding claims 2, 4-9, and 16-22:
claim 2, 4, 16, 18, and 21 further defines the selecting (different light engines, selecting zoom setting, selecting based on detecting, selecting comprises switching optics, selecting based on a target build speed), but does not integrate the abstract idea into a practical application
claim 5-9, 19 further defines the manufacturing of the at least one physical object (operate different one of the plurality of light engines for at least two physical objects, projecting onto non-overlapping regions, displacing discontinuously, displacing continuously, simultaneously manufacturing two physical objects, irradiated sequentially), but does not integrate the abstract idea into a practical application and does not amount to significantly more than the judicial exception
claim 17 further defines the optical resolutions (correspond to different projection pixel sizes), but does not integrate the abstract idea into a practical application and does not amount to significantly more than the judicial exception
claim 20 adds a further abstract idea of “adjusting, during manufacture, at least one of the first or second optical resolutions in response to a surface-quality measurement obtained from a sensor”. “adjusting” in the context of the claim encompasses the user evaluating the manufacture to changing the optical resolution to address a deficiency. The judicial exception can be performed in the mind, is not integrated into a practical application, and does not include additional elements to amount to significantly more (a sensor is routine and conventional); therefore, the judicial exception is not patent eligible
claim 22 further defines the light engines as a digital light processing light engine, but does not include additional elements to amount to significantly more as DLP light engines are routine and conventional
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 4-9, and 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2018/0056605 A1, from IDS) in view of Adam (WO 2016/164629 A1, from IDS).
Regarding claim 1, Chen discloses a method of manufacturing at least one physical object (¶ [0002] – printing process to form an object) by means of a 3D printing system (¶ [0012] – three-dimensional printing system 10), the method comprising:
providing at least one hardenable material (¶ [0012] - photocurable material 142)
selecting a first optical resolution (¶ [0015] – pixel size/resolution may be varied) from a plurality of optical resolutions available (¶ [0015] – first mode pixel size 100 µm and a second mode pixel size 50 µm) in the 3D printing system;
projecting (¶ [0012] - image beams are projected from optical projection engine 12), onto a common focal plane within the hardenable material (Fig. 1 – top of 142), a first 2D exposure pattern at the first optical resolution from a first one of the light engines to selectively harden a hardenable material (¶ [0015] – 12 cure one layer of the photocurable material using a first mode), having the plurality of optical resolutions, of the 3D printing system (¶ [0015] – 12 may cure different portions of 142 using different modes of resolution; first mode pixel size 100 µm and a second mode pixel size 50 µm), to form a layer of hardened material (¶ [0015] – 12 cures layer)
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Chen Fig. 1
for a subsequent layer (¶ [0015] – 12 cure another layer using a second mode), selecting, a second optical resolution different from the first optical resolution (¶ [0014] – varying resolutions, different resolution modes to allow printed object to have different resolutions for different portions)
projecting (¶ [0012] - image beams are projected from optical projection engine 12), onto the common focal plane (Fig. 1 – top of 142), a second 2D exposure pattern at the second optical resolution (¶ [0015] – 12 cure another layer using a second mode), to selectively harden the hardenable material (¶ [0015] – 12 cures layer)
wherein first and second optical resolutions is selected based at least in part on a predetermined surface quality metric of the at least one physical object (¶ [0014] – high resolution having smooth edges and low resolution having jagged edges; smooth and jagged edges are “predetermined surface quality metric”)
Chen discloses image beams are projected on a build platform 143 (¶ [0012]) and is 142 is cured layer-by-layer (¶ [0015]), therefore 143 would be lowered/displaced relative to the focal plane to form a new layer.
In arguendo Chen does not disclose displacing the layer of hardened material relative to the focal plane of the irradiated light, Adam is applied.
Analogous art Adam discloses imaging techniques involving a combination of coarse bulk imaging and higher resolution detailed imaging techniques to improve imaging speed while maintaining image resolution (¶ [0007]). A high resolution laser light source is used for imaging details, and bulk imaging with a rastering laser source with larger beam diameter than used for detailed imaging (¶ [0010]). As depicted in FIG. 4, the light sources project to a common focal plane on top of photocurable material 106.
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Adam FIG. 4
Adam further discloses displacing the layer of hardened material relative to the focal plane of the irradiated light (¶ [0086] – build platform 102 is moved). 102 is moved to allow room for another layer to be created and the process repeats until an object is built, layer by layer (¶ [0086]).
Chen and Adam disclose a method with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the movement of build platform in Adam to the build platform in Chen to allow room for another layer to be created so an object can be built, layer by layer (¶ [0086]).
Chen does not explicitly disclose a controller, selecting, by the controller, a first optical resolution, selecting, by the controller, a second optical resolution different from the first optical resolution, and the controller is configured to select the first and second optical resolutions based at least in part on a predetermined surface quality metric of the at least one physical object.
However, as Chen discloses the three-dimensional printing system has different resolution modes (¶ [0014]) and the resolution may be varied in real time during the printing process according to actual demands to form a three-dimensional object (¶ [0015]), one of ordinary skill in the art before the effective filing date of the claimed invention would utilize a controller to perform the varying of the resolution in real time during the printing process according to actual demands to form a three-dimensional object (¶ [0015]).
Adam further discloses a controller (¶ [0010] – programmable planar light source; processing of data by slicing object into layers; therefore a computer would be present to execute the program and control the planar light source), selecting, by the controller, a first optical resolution (¶ [0088] - first resolution), selecting, by the controller, a second optical resolution different from the first optical resolution (¶ [0088] – a second resolution that is different than the first resolution), and the controller is configured to select the first and second optical resolutions (¶ [0007] – coarse bulk imaging and higher resolution detailed imaging techniques) based at least in part on a predetermined surface quality metric of the at least one physical object (¶ [0010] - using interior portion data for bulk imaging, and using border portion data for detailed imaging; ¶ [0089] – using comparatively finer focus to “smooth” the edges of the image).
Chen and Adam disclose a method with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the programmable planar light source with its computer in Adam to the optical projection engine in modified Chen to follow processing of data by slicing the object into layers, deriving data representative of border portions and interior portions, and using interior portion data for bulk imaging, and using border portion data for detailed imaging (¶ [0010]).
Chen does not disclose the second optical resolution from a second one of the light engines.
Adam discloses first imaging component projector 110 having first resolution (¶ [0088], Fig. 4) and the first imaging component comprises bulk imaging system (claim 9). Adam further discloses the second optical resolution from a second one of the light engines (¶ [0088], Fig. 4 – second imaging component 120 having a second resolution that is different than the first resolution; ¶ [0091] – detailed imaging is performed by precision imaging modules 120). 110 and 120 operable individually and in combination together to selectively irradiate the photocurable material to at least partially solidify successive layers of the 3-dimensional solid component (¶ [0088]). In particular, to enable quickly imaging the interior region of a cross section with 110 and the borders of the cross section with 120 (¶ [0088]).
Chen and Adam disclose a method with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the first and second imaging components with different resolutions in Adam to the printing process in modified Chen to enable quickly imaging the interior region of a cross section and the borders of the cross section using the two imaging components in combination (¶ [0088]) and improve imaging speed while maintaining image resolution (¶ [0007]).
Regarding claim 2, modified Chen discloses the method according to claim 1.
Modified Chen further discloses wherein selecting (Chen ¶ [0015] – pixel size/resolution may be varied), the first and second optical resolutions (Chen ¶ [0015] – 12 may cure different portions of 142 using different modes of resolution), comprises selecting, by the controller (Adam ¶ [0010] – program), different light engines of the plurality of light engines (Adam ¶ [0088] - selectively irradiate the photocurable material; imaging the interior region of a cross section with 110 and the borders of the cross section with 120), each light engine providing a different optical resolution (Adam ¶ [0088] – first imaging component projector 110 having first resolution and second imaging component 120 having a second resolution that is different than the first resolution) at the common focal plane (Chen Fig. 1 – top of 142; Adam Fig. 4 – top of 106).
Regarding claim 4, modified Chen discloses the method according to claim 1.
Modified Chen discloses selecting (Chen ¶ [0015] – pixel size/resolution may be varied), the first and second optical resolutions (Chen ¶ [0015] – 12 may cure different portions of 142 using different modes of resolution), comprises selecting, by the controller (Adam ¶ [0010] – program), a zoom setting of zoomable optics (Chen ¶ [0012] – zoom lens 13 allows for a magnification of the pixel size) of at least one (Chen 12) of the plurality of light engines (Adam 110, 120), wherein different zoom settings change the optical resolution (Chen ¶ [0012] – 13 includes a number of individual lenses that slide along an optical axis to change magnification of pixel size) at the common focal plane (Chen Fig. 1 – top of 142; Adam Fig. 4 – top of 106).
Regarding claim 5, modified Chen discloses the method according to claim 1.
Chen discloses wherein at least two physical objects having different predetermined surface quality metrics (Chen ¶ [0014] – smooth edges and jagged edges)
Chen does not disclose at least two physical objects … are configured to be manufactured by the 3D printing system simultaneously, each via a different one of the plurality of light engines, wherein the plurality of light engines operate at different respective optical resolutions at the common focal plane.
Adam further discloses wherein at least two physical objects having different predetermined surface quality metrics (Adam ¶ [0010] - imaging details and bulk imaging) are configured to be manufactured by the 3D printing system simultaneously (Adam ¶ [0088] – 110 and 120 used in combination), each via a different one of the plurality of light engines (Adam 110, 120), wherein the plurality of light engines operate at different respective optical resolutions (Adam ¶ [0088] – 110 having first resolution and 120 having a second resolution that is different than the first resolution) at the common focal plane (Adam Fig. 4 – top of 106), and wherein a higher optical resolution is used for the physical object having a higher predetermined surface quality metric (Adam ¶ [0010] - a high resolution laser light source is used for imaging details).
Chen and Adam disclose a method with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the use of first and second imaging components in combination in Adam to the printing process in modified Chen to enable quickly imaging the interior region of a cross section and the borders of the cross section using the two imaging components in combination (¶ [0088]) and improve imaging speed while maintaining image resolution (¶ [0007]).
Regarding claim 6, modified Chen discloses the method according to claim 1.
Modified Chen further discloses wherein at least one physical object (Chen ¶ [0012] – object; Adam ¶ [0088] – 3-dimensional solid component) is manufactured in the 3D printing system (Chen 10, Adam SFF device) via the plurality of light engines having different selected optical resolutions (Adam ¶ [0088] – 110 having first resolution and 120 having a second resolution that is different than the first resolution), and wherein the at least one physical object is manufactured simultaneously by the plurality of light engines (Adam ¶ [0088] – 110 and 120 used in combination).
Regarding claim 7, modified Chen discloses the method according to claim 1.
Chen discloses 142 is cured layer-by-layer (¶ [0015]), which would have “displacing the layer of hardened material by a step size”.
Chen does not explicitly disclose the layer of harden material is displaced relative to the common focal plane discontinuously by displacing the layer of harden material by a step size.
Adam discloses build platform 102 is moved to allow room for another layer to be created and the process repeats until an object is built, layer by layer (¶ [0086]).
Adam further discloses the layer of harden material is displaced relative to the common focal plane discontinuously by displacing the layer of harden material by a step size (¶ [0088] – 110 and 120 operable to selectively irradiate photocurable material to solidify successive layers of the 3-dimensional solid component; therefore build platform with material layers is displaced successively/discontinuously by displacing the layer of hardened material by a step size/successive layer).
Chen and Adam disclose a method with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the build platform moved to form successive layers in Adam to the build platform in modified Chen to allow room for another layer to be created so an object can be built, layer by layer (¶ [0086]).
Regarding claim 8, modified Chen discloses the method according to claim 1.
Chen does not disclose wherein the layer of hardened material is displaced relative to the common focal plane continuously and concurrently with at least one of (i) the projecting of the first 2D exposure pattern and (ii) the projecting of the second 2D exposure pattern, by displacing the layer of hardened material at a set or variable displacement speed.
Adam discloses in another embodiment, utilizing prism raster modules 150 and a build platform 102 lowered into a vat 170 of material (¶ [0096]). Radiation is emitted and cured in a manner corresponding to a cross section of the object being built (¶ [0096]).
Adam further discloses wherein the layer of hardened material is displaced relative to the common focal plane continuously and concurrently with at least one of (i) the projecting of the first 2D exposure pattern (¶ [0097] - 102 is continuously translated while 150 are actively curing resin in 170) by displacing the layer of hardened material at a set or variable displacement speed (¶ [0097] – continuously translated, therefore would inherently have a set displacement speed). The layer is progressive delaminated while being built rather than delaminating an entire layer at once, which optimizes build speed and minimizes stress on the object being built (¶ [0097]).
Chen and Adam disclose a method with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied continuously translating the build platform while actively curing resin in Adam to the method in modified Chen to optimize build speed and minimizes stress on the object being built (¶ [0097]).
Regarding claim 9, modified Chen discloses the method according to claim 1.
Chen discloses different resolutions respectively for different portions of 142 (¶ [0015]).
Chen does not disclose at least two physical objects are manufactured simultaneously by different light engines of the plurality of light engines projecting to non-overlapping regions of the common focal plane, and layers of the at least two physical objects are displaced synchronously.
Modified Chen discloses at least two physical objects are manufactured (Adam ¶ [0088] – interior region of a cross section and borders of a cross section) simultaneously by different light engines of the plurality of light engines (¶ [0088] – 110 and 120 used in combination) projecting to non-overlapping regions (¶ [00114] – image border regions and interior regions separately) of the common focal plane (Adam Fig. 4 – top of 106), and layers of the at least two physical objects are displaced synchronously (Adam ¶ [0086] - build platform 102 is moved to allow room for another layer to be created; the layers of the interior and borders would move together/synchronously as 102 is moved).
Chen and Adam disclose a method with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the use of first and second imaging components in combination and with the moving of the build platform in Adam to the printing process in modified Chen to enable quickly imaging the interior region of a cross section and the borders of the cross section using the two imaging components in combination (¶ [0088]) and improve imaging speed while maintaining image resolution (¶ [0007]).
Regarding claim 16, modified Chen discloses the method according to claim 1.
Modified Chen discloses selecting the first and second optical resolutions is preformed autonomously (Chen ¶ [0015] – the pixel size/resolution may be varied in real time), by the controller (Adam ¶ [0010] – program), based at least in part on detecting which physical object is to be manufactured (Chen ¶ [0015-0016] – varied resolutions and switch between first and second modes according to actual demands (detection) to form an object having different resolutions respectively for different portions).
Regarding claim 17, modified Chen discloses the method according to claim 1.
Modified Chen discloses the first and second optical resolutions correspond to different projection pixels sizes (Chen ¶ [0015] – 12 cure using pixel size/resolution) onto the hardenable material (Chen ¶ [0015] – 142 is cured) at the common focal plane (Chen Fig. 1 – top of 142).
Regarding claim 18, modified Chen discloses the method according to claim 1.
Modified Chen discloses the first and second optical resolutions are selected by switching between optics (Chen ¶ [0015-0016] – varied resolutions and switch between first and second modes according to actual demands) the provide different focal lengths during manufacturing (Chen ¶ [0012] – zoom lens 13 allows for magnification of pixel size; 13 includes a number of individual lenses that slide along an optical axis to change the magnification) by at least one of (ii) changing a zoom setting of zoomable optics (Chen ¶ [0012] – zoom lens 13 allows for a magnification of the pixel size) of one of the light engines (Chen 12).
Regarding claim 19, modified Chen discloses the method according to claim 1.
Modified Chen discloses the hardenable material is irradiated sequentially (Chen ¶ [0012], [0015] – layer-by-layer; cure one layer using first mode and cure another using second mode) at the first and second optical resolutions to form different sections of the at least one physical object (Chen ¶ [0015] – 12 cures different portions of 142 using different modes of resolution) having different surface qualities (Chen ¶ [0014] – high resolution having smooth edges, lower resolution having jagged edges).
Regarding claim 20, modified Chen discloses the method according to claim 1.
Modified Chen discloses adjusting, during manufacture (Chen ¶ [0015] – the pixel size/resolution may be varied in real time, switch between first and second modes according to actual demands), at least one of the first or second optical resolutions (Chen ¶ [0015-0016] – varied resolutions of 12; switch between first and second modes) in response to a surface-quality measurement (Chen ¶ [0014] – high resolution having smooth edges, lower resolution having jagged edges) objected from a sensor (Chen ¶ [0015-0016] - according to actual demands (sensing))
Regarding claim 21, modified Chen discloses the method according to claim 1.
Chen does not disclose wherein selecting the first and second optical resolutions is further based at least in part on a target build speed for the at least one physical object.
Adam discloses selecting the first and second optical resolutions (¶ [0088] – 110 and 120 to selectively irradiate the photocurable material) is further based at least in part on a target build speed for the at least one physical object (¶ [0088] – imaging speed are maintained regardless of part size). The technique improves imaging speed while maintaining image resolution (¶ [0007]).
Chen and Adam disclose a method with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied maintain the imaging speed in Adam to the method in modified Chen to improve imaging speed while maintaining image resolution (¶ [0007]).
Regarding claim 22, modified Chen discloses the method according to claim 1.
Chen does not disclose each of the plurality of light engines comprises a digital light processing (DLP) light engine.
Adam discloses each of the plurality of light engines comprises a digital light processing (DLP) light engine (¶ [0010] – layer imaging may be achieved through several means, including but not limited to bulk imaging with a DLP projector). The advantage of this technique, in contrast to methods that use a single laser, is that layers are cured in an imagewise fashion, which can improve build speed (¶ [0087]).
Chen and Adam disclose a method with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the DLP projector in Adam to the first imaging component in modified Chen improve build speed (¶ [0087]).
Although Adam does not explicitly disclose that the second imaging component comprise a DLP projector, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply the DLP projector to the second imaging component to improve build speed (¶ [0087]).
Response to Arguments
Applicant's arguments filed August 11, 2025 have been fully considered but they are not persuasive.
Applicant argues the amended claims overcome the 35 U.S.C. 101 rejection, specifically from the addition of a controller, the selecting cannot be performed in the human mind, and is an improvement in the art (p. 9 of Remarks).
The argument is addressed in the 35 U.S.C. 101 rejection above.
Although applicant adds a controller to perform the abstract idea of “selecting”, the controller is a generic computer as the abstract idea covers performance of the limitation in the mind, as presented in the rejection above. Therefore, the claims do not recite a practical application and do not recite significantly more than the abstract idea.
Applicant argues the amended claims overcome the 35 U.S.C. 103 rejection, specifically from the addition of a controller (p. 14-15 of Remarks).
The argument is addressed in the 35 U.S.C. 103 rejections above.
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 JONATHAN B WOO whose telephone number is (571)272-5191. The examiner can normally be reached M-F 8:30 am - 5:00 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN B WOO/Examiner, Art Unit 1754
/LARRY W THROWER/Primary Examiner, Art Unit 1754