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 .
This communication is responsive to the amendment filed on 12/19/2025.
Status of claims:
Claims 6 and 13 are canceled.
Claims 1, 3 and 15 are amended.
Claims 1-5, 7-12 and 14-15 are pending for examination.
Response to Arguments
Applicant’s arguments with respect to the newly added limitations of the claims have been considered but are moot because the new ground of rejection.
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 1-5, 7-12 and 14-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1 and 15:Step 1: Statutory Category
The claims are directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter.
Step 2A, Prong One:
The limitations “determining…; determining…; determining…; determine…; determine…; determine…” are processes that, under its broadest reasonable interpretation, covers a mental process as a form of evaluation or judgement, but for the recitation of generic computer components. That is nothing in the claim element precludes the steps from practically being performed in a human mind.
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.
Step 2A, Prong Two: Integrated into a Practical Application
The claim recites the additional elements “displaying…; in response to …, displaying…displaying…; presenting….performing…; display…; in response…, displaying…display…; present…; perform…” represent(s) an extra solution activity because it is a mere nominal or tangential addition to the claim, a mere generic transmission and presenting of collected and analyzed data. (See MPEP 2106.05(g)).
“processor, memory, interface” are recited at a high level of generality such that they amount to on more than mere instructions to apply the exception using a generic component. (see MPEP 2106.05(f)).
Step 2B: Claim provides an Inventive Concept
“displaying…; in response to …, displaying…displaying…; presenting…;performing…; display…; in response…, displaying…display…; present…; perform…”. These are identified as insignificant extra-solution activity above when re-evaluated this element is well-understood, routine, and conventional as evidenced by the court cases in MPEP 2106.05(d)(II), "iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334; i. … transmitting data over a network, …Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); … OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350,
1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network)”.
“processor, memory, interface”, amount to elements that have been recognized as well-understood, routine, and conventional activity in particular fields, as demonstrate by: relevant court decision: the followings are example of the court decisions demonstrating well-understood, routine and conventional activities, See e.g., MPEP 2106.05(d)(II) and MPEP 2106.05(f)(2): computer readable storage media comprising instructions to implement a method, e.g., see versata Dev. Group, Inc. v SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015).
The conclusions for the mere implementation using a computer are carried over and does not provide significantly more
The claims as a whole, does not amount to significantly more than the abstract
idea itself. This is because the claims do not affect an improvement to the functioning
of a computer itself; and the claims do not move beyond a general link of the use of an
abstract idea to a particular technological environment.
Accordingly, claims are directed to an abstract idea.
Claim 2-5, recite the limitations, are processes that, under its broadest reasonable interpretation, covers a mental process as a form of evaluation or judgement, but for the recitation of generic computer components. That is nothing in the claim element precludes the steps from practically being performed in a human mind.
Claim 7, recites the limitation “compare…”, is a process that, under its broadest reasonable interpretation, covers a mental process as a form of evaluation or judgement, but for the recitation of generic computer components. That is nothing in the claim element precludes the steps from practically being performed in a human mind.
“in response…., presenting…”, represent(s) an extra solution activity because it is a mere nominal or tangential addition to the claim, a mere generic transmission and presenting of collected and analyzed data. (See MPEP 2106.05(g)).
Claims 8-12, recite the limitations, which represent(s) an extra solution activity because it is a mere nominal or tangential addition to the claim, a mere generic transmission and presenting of collected and analyzed data. (See MPEP 2106.05(g)).
Claim 14, recites the limitation, which is a process that, under its broadest reasonable interpretation, covers a mental process as a form of evaluation or judgement, but for the recitation of generic computer components. That is nothing in the claim element precludes the steps from practically being performed in a human mind.
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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Loan T. Nguyen whose telephone number is (571) 270-3103. The examiner can normally be reached on Monday from 10:00 am - 6:00 pm, Thursday-Friday from 10:00 am - 2:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aleksandr Kerzhner can be reached on (571) 270-1760. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4103. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
06/10/2026
/LOAN T NGUYEN/Examiner, Art Unit 2165
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