DETAILED ACTION
This is a non-final. Claims 1 and 7-9 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/2/2025 has been entered.
Status of Claims
Applicant’s amendment date 7/2/2025, amended claims 1 and 8; canceled claims 2-6; and previously added claim 9.
Response to Amendment
The previously pending rejection to claims 1 and 7-9, under 35 USC 101 (Alice), will be maintained.
Response to Arguments
Applicant’s arguments received on date 7/2/2025 have been fully considered, but they are not persuasive.
Response to Arguments under 35 USC 101:
Applicant asserts that “Applicant's claims 1 and 8, when considered as a whole, integrate the alleged abstract idea into a practical application.” Examiner respectfully disagrees.
As discussed above, under the second prong of Step 2A, we determine whether any additional elements beyond the recited abstract idea, individually and as an ordered combination, integrate the judicial exception into a practical application. 84 Fed. Reg. 52, 54-55.
Here, under the second prong of Step 2A, the only additional elements beyond the recited abstract idea of claim 1, and similarly claim 8, are the recitations of “creating by referring to information representing flows of products in the plurality of enterprises, supply chain network information including information on a directed graph representing a multi-tiered supply chain network including tiers upstream and downstream of the target enterprise, each of nodes of the directed graph representing an enterprise and an item; acquiring risk information on the multi-tiered supply chain network from one of disclosed information or non-disclosed information; detecting in the directed graph, a risk occurrence node influenced by a risk indicated by the risk information and a node of the target enterprise influenced by a defect of product supply at the risk occurrence node based on the risk information and the user enterprise information; searching by referring to the information representing the flows of the products in the plurality of enterprises, for a substituting node candidate for the risk occurrence node in a node group including a node of an enterprise outside the directed graph based on an item of the risk occurrence node; and presenting information on a change plan of the multi-tiered supply chain network obtained by adding the substituting node candidate to the directed graph; creating, by referring to information on the target enterprise in the information representing the flows of the products in the plurality of enterprises, against the risk, a first change plan of changing information corresponding to a portion of the target enterprise in the multi-tiered supply chain network; displaying the first change plan when the first change plan satisfies a criterion set in advance; determining a relationship between a parent item and a child item in the multi-tiered supply chain network based on a delivery date in the order receiving and placing information; calculating a required amount of the child item for one unit of the parent item based on the number of parent items and the number of child items in the order receiving and placing information; selecting, as the substituting node candidate, a node of the same item as the item of the risk occurrence node; determining, by referring to the user enterprise information, another enterprise in the same trade of the target enterprise; and searching for the substituting node candidate in a multi-tiered supply chain network of the another enterprise in the same trade, wherein the information representing the flows of the products in the plurality of enterprises includes order receiving and placing information among the plurality of enterprises……………… are carried out by at least one computing device,” and these additional elements, individually and in combination, are nothing more than computing elements recited at high level of generality implementing the abstract idea on a computer (i.e. apply it), and thus, are no more than applying the abstract idea with generic computer components. Accordingly, contrary to Applicant’s assertions, the judicial exception is not integrated into a practical application under the second prong of Step 2A.
Any alleged specificity or narrowness of these abstract elements of the claims does not integrate the abstract idea into a practical application because simply reciting limitations that narrow an abstract idea does not make the abstract idea non-abstract. 79 Fed. Reg. 74631; buySAFE Inc. v. Google, Inc., 765 F.3d 1350, 1355 (2014). Moreover, even novel and newly discovered judicial exceptions are still exceptions, despite their novelty. July 2015 Update, p. 3; see SAP America Inc. v. Investpic, LLC, No. 2017-2081, slip op. at 2 (Fed Cir. May 15, 2018).
Applicant asserts that “similar to the claims in BASCOM, Applicant's claims 1 and 8 include additional elements that are sufficient to ensure that the claims amount to significantly more than an abstract idea.” Examiner respectfully disagrees.
The claims set forth a conventional arrangement of one or more arithmetic devices; and one or more storage devices configured to store programs executed by the one or more arithmetic devices, wherein the one or more storage devices are configured to detect, in the directed graph, a risk occurrence node influenced by a risk indicated by the risk information and a node of the target enterprise influenced by a defect of product supply at the risk occurrence node based on the risk information and the user enterprise information; search, by referring to the information representing the flows of the products in the plurality of enterprises, for a substituting node candidate for the risk occurrence node in a node group including a node of an enterprise outside the directed graph based on an item of the risk occurrence node; display information on a change plan of the multi-tiered supply chain network obtained by adding the substituting…………..," recitation, are merely instructions to apply the abstract idea on a computer. Unlike Bascom, the claims do not set forth a series of additional elements that when considered as a whole illustrate a non-conventional or non-generic arrangement of the additional elements.
As further noted above, abstract claim elements do not impart patent eligibility because abstract claim elements are not additional elements capable of either integrating the judicial exception into a practical application or amounting to significantly more than the abstract idea.
Applicant asserts that “claims 1 and 8 are directed to an abstract idea, Applicant's claims 1 and 8 amount to significantly more than the posited abstract idea.” Examiner respectfully disagrees.
The MPEP discusses that "the second part of the Alice/Mayo test [(Step 2B)] is often referred to as a search for an inventive concept," and "an 'inventive concept' is furnished by an element or combination of elements that is recited in the claim in addition to (beyond) the judicial exception, and is sufficient to ensure that the claim as a whole amounts to significantly more than the judicial exception itself." MPEP 2106.05 (emphasis added). Further, the MPEP goes on to describe "Step 2B asks: Does the claim recite additional elements that amount to significantly more than the judicial exception? Examiners should answer this question by first identifying whether there are any additional elements (features/limitations/steps) recited in the claim beyond the judicial exception(s), and then evaluating those additional elements individually and in combination to determine whether they contribute an inventive concept (i.e., amount to significantly more than the judicial exception(s)).” MPEP 2106.05 (emphasis added).
The search for an inventive concept under § 101 is distinct from demonstrating novel and non-obviousness. See SAP America Inc. v. Investpic, LLC, No. 2017-2081, slip op. at 2-3 (Fed Cir. May 15, 2018) (citing Synopsys, Inc. v. Mentor Graphics Corp., 839 F.3d 1138, 1151 (Fed. Cir. 2016); Intellectual Ventures I LLC v. Symantec Corp., 838 F.3d 1307, 1315 (Fed. Cir. 2016). Even novel and newly discovered judicial exceptions are still exceptions, despite their novelty. July 2015 Update, p. 3; see SAP America at 2. In Step 2B, “[w]hat is needed is an inventive concept in the non-abstract application realm.” SAP America at 11. As discussed in SAP America, no matter how much of an advance the claims recite, when “the advance lies entirely in the realm of abstract ideas, with no plausibly alleged innovation in the non-abstract application realm,” “[a]n advance of that nature is ineligible for patenting.” Id. at 3.
Here, under Step 2B, the only additional elements beyond the recited abstract idea of claim 1, and similarly claim 8, are the recitations of “creating by referring to information representing flows of products in the plurality of enterprises, supply chain network information including information on a directed graph representing a multi-tiered supply chain network including tiers upstream and downstream of the target enterprise, each of nodes of the directed graph representing an enterprise and an item; acquiring risk information on the multi-tiered supply chain network from one of disclosed information or non-disclosed information; detecting in the directed graph, a risk occurrence node influenced by a risk indicated by the risk information and a node of the target enterprise influenced by a defect of product supply at the risk occurrence node based on the risk information and the user enterprise information; searching by referring to the information representing the flows of the products in the plurality of enterprises, for a substituting node candidate for the risk occurrence node in a node group including a node of an enterprise outside the directed graph based on an item of the risk occurrence node; and presenting information on a change plan of the multi-tiered supply chain network obtained by adding the substituting node candidate to the directed graph; creating, by referring to information on the target enterprise in the information representing the flows of the products in the plurality of enterprises, against the risk, a first change plan of changing information corresponding to a portion of the target enterprise in the multi-tiered supply chain network; displaying the first change plan when the first change plan satisfies a criterion set in advance; determining a relationship between a parent item and a child item in the multi-tiered supply chain network based on a delivery date in the order receiving and placing information; calculating a required amount of the child item for one unit of the parent item based on the number of parent items and the number of child items in the order receiving and placing information; selecting, as the substituting node candidate, a node of the same item as the item of the risk occurrence node; determining, by referring to the user enterprise information, another enterprise in the same trade of the target enterprise; and searching for the substituting node candidate in a multi-tiered supply chain network of the another enterprise in the same trade, wherein the information representing the flows of the products in the plurality of enterprises includes order receiving and placing information among the plurality of enterprises……………… are carried out by at least one computing device,” and these additional elements, individually and in combination, are nothing more than computing elements recited at high level of generality implementing the abstract idea on a computer (i.e. apply it), and thus, are no more than applying the abstract idea with generic computer components. Accordingly, contrary to Applicant’s assertions, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception under Step 2B.
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 7-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Specifically, claims 1 and 7-9 are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea.
With respect to Step 2A Prong One of the framework, claims 1 and 8 recite an abstract idea. Claims 1 and 8 include “creating by referring to information representing flows of products in the plurality of enterprises, supply chain network information including information on a directed graph representing a multi-tiered supply chain network including tiers upstream and downstream of the target enterprise, each of nodes of the directed graph representing an enterprise and an item; acquiring risk information on the multi-tiered supply chain network from one of disclosed information or non-disclosed information; detecting in the directed graph, a risk occurrence node influenced by a risk indicated by the risk information and a node of the target enterprise influenced by a defect of product supply at the risk occurrence node based on the risk information and the user enterprise information; displaying alert information indicating the risk occurrence node, searching by referring to the information representing the flows of the products in the plurality of enterprises, for a substituting node candidate for the risk occurrence node in a node group including a node of an enterprise outside the directed graph based on an item of the risk occurrence node; and presenting information on a change plan of the multi-tiered supply chain network obtained by adding the substituting node candidate to the directed graph; creating, by referring to information on the target enterprise in the information representing the flows of the products in the plurality of enterprises, against the risk, a first change plan of changing information corresponding to a portion of the target enterprise in the multi-tiered supply chain network; displaying the first change plan when the first change plan satisfies a criterion set in advance; determining a relationship between a parent item and a child item in the multi-tiered supply chain network based on a delivery date in the order receiving and placing information; calculating a required amount of the child item for one unit of the parent item based on the number of parent items and the number of child items in the order receiving and placing information; selecting, as the substituting node candidate, a node of the same item as the item of the risk occurrence node; determining, by referring to the user enterprise information, another enterprise in the same trade of the target enterprise; and searching for the substituting node candidate in a multi-tiered supply chain network of the another enterprise in the same trade, wherein the information representing the flows of the products in the plurality of enterprises includes order receiving and placing information among the plurality of enterprises; and displaying a risk and an SC change plan, wherein the risk display the multi-tiered supply chain of the target enterprise and information on a risk associated thereto; the directed graph including a particular node at which a risk has occurred and a node of the enterprise influenced by a stop of supply of products of the particular node in the multi-tiered SC network of the target enterprise; information on the risk having occurred at the particular node, the information on the risk includes the enterprise and an item of the node at which the risk has occurred, a type of the risk, a day of occurrence of the risk, and a link to an information source of the risk; influence prediction information indicating nodes to be influenced by the risk having occurred in the multi-tiered SC network, influence prediction information including predicted dates of recovery from the risk as well as information on influenced nodes, the influenced nodes being node to be influenced by a supply stop of the particular node, wherein the influence prediction information indicates a date of occurrence of the influence on the nodes, a problem caused by the influence, a node item, a number indicating a supply count planned in a period from the start of the influence to disappearance of the influence, an enterprise of the node, and a predicted date of resolution of the influence as obtained by inputting the SC network information, the recovery time information on the risk, the risk information, and information on the production lead time into an SC simulation, and wherein the SC network change plan displays: information on the SC network change plan; substituting node candidates of the particular node in addition to the directed graph displayed on the risk and a list which shows information on each substituting node candidate, the list including a business type, an enterprise name, an item, and a substituted item of an enterprise of the particular node: and a list which enables the user to select, from a plurality of SC network change plans, a change plan for which detailed information is to be displayed, each of the presented SC network change plans different from one another adds a different combination of substituting node candidates to the multi-tiered SC network and when any one of the SC network change plans is selected by the user, a detailed of the selected SC network change plan is displayed”.
The limitations above recite an abstract idea under Step 2A Prong One. More particularly, the elements above recite mental processes-concepts performed in the human mind (including an observation, evaluation, judgment, opinion), mathematical calculation, and certain methods of organizing human activity-managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) because the elements describe a process for a change plan of the multi-tiered supply chain network. As a result, claims 1 and 8 recite an abstract idea under Step 2A Prong One.
Claims 7 & 9 further describe the process for a change plan of the multi-tiered supply chain network. As a result, claims 7 & 9 recite an abstract idea under Step 2A Prong One for the same reasons as stated above with respect to claims 1 and 8.
With respect to Step 2A Prong Two of the framework, claims 1 and 8 do not include additional elements that integrate the abstract idea into a practical application. Claims 1 and 8 include additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements of claims 1 and 8 include a display device, a display screen, a supply chain management system, devices, one or more storage devices, and programs. When considered in view of the claim as a whole, the additional elements do not integrate the abstract idea into a practical application because the additional computing elements are generic computing elements that are merely used as a tool to perform the recited abstract idea. As a result, claims 1 and 8 do not include additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
Claims 7 & 9 include additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements of claims 7 & 9 include arithmetic devices. When considered in view of the claims as a whole, the additional elements do not integrate the abstract idea into a practical application because the additional computing elements do no more than generally link the use of the recited abstract idea to a particular technological environment. As a result, claims 7 & 9 do not include additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
With respect to Step 2B of the framework, claims 1 and 8 do not include additional elements amounting to significantly more than the abstract idea. As noted above, claims 1 and 8 include additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements of claims 1 and 8 include The additional elements of claims 1 and 8 include a display device, a display screen, a supply chain management system, devices, one or more storage devices, and programs. The additional elements do not amount to significantly more than the abstract idea because the additional computing elements are generic computing elements that are merely used as a tool to perform the recited abstract idea. Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, independent claims 1 and 8 do not include additional elements that amount to significantly more than the abstract idea under Step 2B.
Claims 7 & 9 do not include any additional elements beyond those recited with respect to claims 1 and 8. As a result, claims 7 & 9 do not include additional elements that amount to significantly more than the abstract idea under Step 2B for the same reasons as stated above with respect to claims 1 and 8.
Claims 7 & 9 include additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements of claims 7 & 9 include arithmetic devices. The additional elements do not amount to significantly more than the abstract idea because the additional computing elements do no more than generally link the use of the recited abstract idea to a particular technological environment. Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, claims 7 & 9 do not include additional elements that amount to significantly more than the abstract idea under Step 2B.
Therefore, the claims are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea. Accordingly, claims 1 and 7-9 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAFIZ KASSIM whose telephone number is (571)272-8534. The examiner can normally be reached on Mon - Fri (8am - 5pm) EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rutao Wu can be reached on (571) 272-6045. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAFIZ A KASSIM/Primary Examiner, Art Unit 3623
8/11/2025