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 .
Response to Arguments
Applicant’s arguments, see page 9, filed 02/06/2026, with respect to claim rejections under 35 U.S.C. 112 have been fully considered and are persuasive. The rejections of claims 1-6 and 8-17 under 35 U.S.C. 112 have been withdrawn.
Applicant's arguments filed 02/06/2026, with respect to claim rejections under 35 U.S.C. 101 have been fully considered but they are not persuasive.
On page 10, Applicant states that a human mind cannot store information in a memory device and transmit information between devices, and that a controller that performs those actions should be considered to impose meaningful limits on any potential judicial exception. This is not persuasive because storing and transmitting data is considered mere instructions to apply an exception, as a computer is expected to be able to store and transmit data (see MPEP 2106.05(f)(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more.).
On page 11, Applicant states that the claims as a whole are an improvement to a technology. This is not persuasive as the claims do not clearly reflect the alleged improvement. The claimed invention stores data over time to assess differences over time, and transmits that data. These actions do not reflect an improvement in data collection and analysis, or in the actual functioning of a computer or processor (see MPEP 2106.05(a)II. Examples that the courts have indicated may not be sufficient to show an improvement to technology include: iii. Gathering and analyzing information using conventional techniques and displaying the result). Performing the collection and transmission for analysis on agricultural equipment is considered linking the judicial exception to a specific field of use.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-6, 8-17 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.
Specifically, representative Claim 1 recites:
A method for determining information about a change of a mobile gardening, forestry, construction or soil-working device, wherein the gardening, forestry, construction or soil-working device has a motor drive system, the method comprising the steps of:
a) repeatedly automatically detecting, with a sensor of the gardening, forestry, construction or soil-working device, a characteristic variable of the motor drive system in respect of time;
b) automatically comparing, with a controller of the gardening, forestry,
construction or soil-working device, at least one first value of the detected characteristic variable or a variable based on it from a first time period and at least one second value of the detected characteristic variable or the variable based on it from a second time period with one another and forming, with the controller, a ratio of at least the first value and at least the second value in relation to one another;
c) automatically storing, with the controller, the information about the change of the gardening, forestry, construction or soil-working device in a memory device of the gardening, forestry, construction or soil-working device depending on a result of the comparison in the case of the change and not in a case of no change; and
d) transmitting, with the controller, the stored information or information from the gardening, forestry, construction or soil-working device to a diagnostic device;
wherein in step c) the information is stored depending on whether the ratio is equal to or greater than a ratio maximum limit value or equal to or less than a ratio minimum limit value, wherein the ratio minimum limit value is less than the ratio maximum limit value; and
wherein the characteristic variable is at least one of a rotation speed, a temperature, a pressure, a voltage, a current, a duration, or a time point.
The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional elements”.
Under the Step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (process).
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject matter Eligibility Guidance, it falls into the grouping of subject matter when recited as such in a claim limitation, that covers mental processes – concepts performed in the human mind including an observation, evaluation, judgement, and/or opinion.
For example, steps of “b) automatically comparing at least one first value of the detected characteristic variable or a variable based on it from a first time period and at least one second value of the detected characteristic variable or the variable based on it from a second time period with one another and forming a ratio of at least the first value and at least the second value in relation to one another (observation of data);
and c) automatically storing the information about the change of the gardening, forestry, construction or soil-working device in a memory device of the gardening, forestry, construction or soil-working device depending on a result of the comparison in the case of the change and not in a case of no change;
d) transmitting the stored information or information from the gardening, forestry, construction or soil-working device to a diagnostic device (sharing information);
wherein in step c) the information is stored depending on whether the ratio is equal to or greater than a ratio maximum limit value or equal to or less than a ratio minimum limit value, wherein the ratio minimum limit value is less than the ratio maximum limit value (recording observation); and
wherein the characteristic variable is at least one of a rotation speed, a temperature, a pressure, a voltage, a current, a duration, or a time point (decision of variables of interest)” are treated by the Examiner as belonging to mental process grouping.
Similar limitations comprise the abstract ideas of Claims 15 and 18.
Next, under the Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application.
In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
The above claims comprise the following additional elements:
Claim 1: A method for determining information about a change of a mobile gardening, forestry, construction or soil-working device, wherein the gardening, forestry, construction or soil-working device has a motor drive system, the method comprising the steps of: a) repeatedly automatically detecting, with a sensor of the gardening, forestry, construction or soil-working device, a characteristic variable of the motor drive system in respect of time; a controller; a memory; transmitting, with the controller, the stored information or information from the gardening, forestry, construction or soil-working device to a diagnostic device;
Claim 15: A mobile gardening, forestry, construction or soil-working device for determining information about a change of the gardening, forestry, construction or soil- working device, comprising: a motor drive system of the gardening, forestry, construction or soil-working device, wherein the gardening, forestry, construction or soil-working device is configured to: repeatedly automatically detect, with a sensor of the gardening, forestry, construction or soil-working device, a characteristic variable of the motor drive system in respect of time, compare at least one first value of the detected characteristic variable or a variable based on it from a first time period and at least one second value of the detected characteristic variable or the variable based on it from a second time period with one another, and store the information about the change of the gardening, forestry, construction or soil-working device depending on a result of the comparison; transmit, with the controller, the stored information or information from the gardening, forestry, construction or soil-working device to a diagnostic device.
Claim 18: A method for determining information about a change of a mobile gardening, forestry, construction or soil-working device, wherein the gardening, forestry, construction or soil-working device has a motor drive system, the method comprising the steps of: a) repeatedly automatically detecting, with a sensor of the gardening, forestry, construction or soil-working device, a characteristic variable of the motor drive system in respect of time; a controller; a memory; transmitting, with the controller, the stored information or information from the gardening, forestry, construction or soil-working device to a diagnostic device;
The additional element in the preamble of “A method for determining information about a change of a mobile gardening, forestry, construction or soil-working device, wherein the gardening, forestry, construction or soil-working device has a motor drive system/A mobile gardening, forestry, construction or soil-working device for determining information about a change of the gardening, forestry, construction or soil- working device” is not qualified for a meaningful limitation because it only generally links the use of the judicial exception to a particular technological environment or field of use. The steps of a) repeatedly detecting a characteristic variable of the motor drive system in respect of time; and a motor drive system of the gardening, forestry, construction or soil-working device, wherein the gardening, forestry, construction or soil-working device is configured to: repeatedly automatically detect, with a sensor of the gardening, forestry, construction or soil-working device, a characteristic variable of the motor drive system in respect of time represent mere data gathering steps and only add insignificant extra-solution activity to the judicial exception. A memory (generic memory) and a controller and a diagnostic device (generic processor) are generally recited and are not qualified as particular machines. Additionally, as stated above, using computers to store and transmit data is considered mere instructions to apply an exception, as a computer is expected to be able to store and transmit data (see MPEP 2106.05(f)(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more.)
In conclusion, the above additional elements, considered individually and in combination with the other claim elements do not reflect an improvement to other technology or technical field, and, therefore, do not integrate the judicial exception into a practical application. Therefore, the claims are directed to a judicial exception and require further analysis under the Step 2B.
However, as discussed in the previous office action, the above claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception (Step 2B analysis).
The claims, therefore, are not patent eligible.
With regards to the dependent claims, claims 2-6, 8-14, 16 and 17 provide additional features/steps which are part of an expanded algorithm, so these limitations should be considered part of an expanded abstract idea of the independent claims.
The Examiner notes that there are still no prior art rejections at this time as a result of the previous amendments to the claims. The prior art teaches comparing measured values to modeled values, while the current invention is comparing the measured values at different times.
Conclusion
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/CHRISTIAN T BRYANT/Examiner, Art Unit 2857