DETAILED ACTION
Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-9 and 11-21 are currently pending in this application.
Priority
2. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
3. No information disclosure statement (IDS) was submitted with the previous response.
Drawings
4. The drawings submitted on 3/10/2023 are in compliance with 37 CFR § 1.81 and 37 CFR § 1.83 and have been accepted by the examiner.
Continued Examination Under 37 CFR 1.114
5. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/7/2026 has been entered.
Claim Rejections - 35 USC § 101 Non-Statutory
6. 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.
7. Claims 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Specifically, representative Claim 1 recites:
A data recording apparatus comprising at least one processor, wherein:
the at least one processor acquires measured measurement data by measuring a measurement target using a plurality of sensors, wherein the plurality of sensors includes at least one first sensor and at least one second sensor;
the at least one processor predicts predicted measurement data of at least one first sensor using the measured measurement data acquired from the plurality of sensors;
the at least one processor determines a subset of sensors of the plurality of sensors capable of reproducing the measured measurement data for all the plurality of sensors within a predetermined allowable range using the predicted measurement data of the at least one first sensor and the measured measurement data of the at least one second sensor, wherein the at least one first sensor is not included in the determined subset of sensors and the at least one second sensor is included in the determined subset of sensors;
the at least one processor selects the measured measurement data of the at least one second sensor as measurement data of the at least one first sensor; and
the at least one processor records the selected measurement data of the at least one second sensor for the at least one first sensor.
The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional elements.”
Similar limitations comprise the abstract ideas of Claims 19-20.
Under Step 1 of the analysis, claim 1 does belong to a statutory category, namely it is an apparatus claim. Likewise, claim 19 is a process claim and claim 20 a non-transitory computer readable medium claim.
Under Step 2A, prong 1, claim 1 is found to include at least one judicial exception, that being a mathematical concept and/or mental process. This can be seen in the claim limitation of “the at least one processor predicts predicted measurement data of at least one first sensor using the measured measurement data acquired from all the plurality of sensors; the at least one processor determines a subset of sensors of the plurality of sensors capable of reproducing the measured measurement data for the plurality of sensors within a predetermined allowable range using the predicted measurement data of the at least one first sensor and the measured measurement data of the at least one second sensor, wherein the at least one first sensor is not included in the determined subset of sensors and the at least one second sensor is included in the determined subset of sensors; the at least one processor selects the measured measurement data of the at least one second sensor as measurement data of the at least one first sensor;”, which is the judicial exception of a mental process and/or a mathematical concept because it is merely a data evaluation including calculations, and/or judgements capable of being performed mentally.
Similar limitations comprise the abstract ideas of Claims 19-20.
Step 2A, prong 2 of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception(s) into a practical application of the exception. This evaluation is performed by (a) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (b) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application.
In addition to the abstract ideas recited in claim 1, the claimed method recites additional elements including “(A) the at least one processor acquires measured measurement data by measuring a measurement target using a plurality of sensors, wherein the plurality of sensors includes at least one first sensor and at least one second sensor; (B) the at least one processor records the selected measurement data of the at least one second sensor for the at least one first sensor.” (claims 1 and 19-20) which are merely data gathering steps recited at a high level of generality (limitation A) and therefore merely amount to “insignificant extra-solution” activity(ies). See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,”. The claim also recites or implies “a processor” (claims 1 and 19-20) however the “processor” is recited at a high level of generality, e.g. Spec. [0114] describing a variety of different types of “processors” that may be used, and merely amounts to the use of computer technology as a tool to apply the abstract idea (see MPEP 2106.05(f)) and/or the use of “processor” to perform the predictions, that are otherwise abstract, is merely an attempt at limiting the abstract to a particular field of use (See MPEP 2106.05(h)).
The generic data gathering, processing, and output steps, and other elements, are recited so generically (no details whatsoever are provided other than e.g., at least one processor records the selected measurement data of the at least one second sensor for the at least one first sensor”) that it represents no more than mere instructions to apply the judicial exceptions on a computer. It can also be viewed as nothing more than an attempt to generally link the use of the judicial exceptions to the technological environment of a computer. Noting MPEP 2106.04(d)(I): “It is notable that mere physicality or tangibility of an additional element or elements is not a relevant consideration in Step 2A Prong Two. As the Supreme Court explained in Alice Corp., mere physical or tangible implementation of an exception does not guarantee eligibility. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208, 224, 110 USPQ2d 1976, 1983-84 (2014) ("The fact that a computer ‘necessarily exist[s] in the physical, rather than purely conceptual, realm,’ is beside the point")”.
Thus, under Step 2A, prong 2 of the analysis, even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application and the claim is directed to the judicial exception. No specific practical application is associated with the claimed system. For instance, nothing is done with the recorded output.
Under Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, as described above with respect to Step 2A Prong 2, merely amount to a general purpose computer system that attempts to apply the abstract idea in a technological environment, limiting the abstract idea to a particular field of use, and/or merely insignificant extra-solution activity (claims 1 and 19-20). Such insignificant extra-solution activity, e.g. data gathering and output, when re-evaluated under Step 2B is further found to be well-understood, routine, and conventional as evidenced by MPEP 2106.05(d)(II) (describing conventional activities that include transmitting and receiving data over a network, electronic recordkeeping, storing and retrieving information from memory, and electronically scanning or extracting data from a physical document).
Therefore, similarly the combination and arrangement of the above identified additional elements when analyzed under Step 2B also fails to necessitate a conclusion that claim 1, as well as claims 19-20, amount to significantly more than the abstract idea.
With regards to the dependent claims, claims 2-18 and 21, merely further expand upon the algorithm/abstract idea and do not set forth further additional elements therefore these claims are found ineligible for the reasons described for independent claims 1 and 19-20.
See Supreme court decision in Alice Corporation Pty. Ltd. V. CLS Bank International, et al.
Claim Rejections - 35 USC § 102
8. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
9. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
10. Claims 1-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ema et al. US 2021/0400362.
With regards to claims 1 and 19-20, Ema et al. US 2021/0400362 teaches a data recording apparatus, method and a non-transitory computer readable medium with a program executed by a computer, comprising:
the at least one processor acquires measured measurement data by measuring a measurement target using a plurality of sensors, wherein the plurality of sensors includes at least one first sensor and at least one second sensor; (110; figure 1)(paragraph 0046)
the at least one processor predicts predicted measurement data of at least one first sensor using the measured measurement data acquired from the plurality of sensors; (130; figure 1)(paragraph 0010)
the at least one processor determines a subset of sensors of the plurality of sensors capable of reproducing the measured measurement data for all the plurality of sensors within a predetermined allowable range using the predicted measurement data of the at least one first sensor and the measured measurement data of the at least one second sensor, wherein the at least one first sensor is not included in the determined subset of sensors and the at least one second sensor is included in the determined subset of sensors; (paragraph 0011, 0047, & 0053-0055)
the at least one processor selects the measured measurement data of the at least one second sensor as measurement data of the at least one first sensor; (paragraph 0047)and
the at least one processor records the selected measurement data of the at least one second sensor for the at least one first sensor. (120; figure 1)
With regards to claim 2, Ema et al. US 2021/0400362 teaches the at least one processor assigns, to the at least one first sensor, identification information indicating whether a prediction value, which is obtained by predicting the predicted measurement data of the at least one first sensor from the at least one of the plurality of sensors that is different than the at least one first sensor, is within the allowable range, and the at least one first sensor which is assigned with the identification information indicating that the prediction value that is within the allowable range is included in the set. (paragraph 0046,0053)
With regards to claim 3, Ema et al. US 2021/0400362 teaches the at least one processor: generates a plurality of candidate sets of sensors capable of reproducing the measured measurement data acquired from the plurality of sensors within a predetermined allowable range; and a selects the set from the plurality of candidate sets according to a predetermined criterion. (paragraph 0053)
With regards to claim 4, Ema et al. US 2021/0400362 teaches the at least one processor generates the plurality of candidate sets on a basis of a round robin of patterns in which a prediction value obtained by predicting the predicted measurement data acquired from the at least one first sensor using the measured measurement data acquired from the at least one second sensor is within the allowable range. (paragraph 0010)
With regards to claim 5, Ema et al. US 2021/0400362 teaches the data recording apparatus according to wherein the at least one processor selects, among the plurality of candidate sets, a candidate set in which an amount of the selected measurement data to be recorded is smaller than a predetermined amount in preference to a candidate set in which the amount is larger than the predetermined amount. (paragraph 0063)
With regards to claim 6, Ema et al. US 2021/0400362 teaches at least one processor selects, among the plurality of candidate sets, a candidate set in which a difference between the measured measurement data and the predicted measurement is smaller than a predetermined amount in preference to a candidate set in which the difference is larger than the predetermined amount. (paragraph 0012)
With regards to claim 7-8, Ema et al. US 2021/0400362 teaches the allowable range is settable to a range different for each sensor of the plurality of sensors. (paragraph 0066)
With regards to claims 9-10, Ema et al. US 2021/0400362 teaches the at least one processor deletes the measured measurement data acquired from the at least one first sensor not included in the determined set of sensors and record only the measured measurement data acquired from the at least one second sensor included in the determined set of sensors. (paragraph 0066)
With regards to claims 11-12, Ema et al. US 2021/0400362 teaches the at least one processor records the measured measurement data acquired from the at least one first sensor not included in the determined set of sensors after reducing a number of at least one piece of data per unit time. (paragraph 0008)
With regards to claims 13-14, Ema et al. US 2021/0400362 teaches the at least one processor records the measured measurement data acquired from the at least one first sensor not included in the set after reducing a data size per piece of data.
With regards to claims 15-16, Ema et al. US 2021/0400362 teaches the at least one processor records the measured measurement data selected by the at least one processor data selection unit in response to a remaining capacity available for recording falling below a predetermined threshold value. (figure 2)
With regards to claim 17, Ema et al. US 2021/0400362 teaches the at least one processor records the measured measurement data selected by the at least one processor data selection unit in response to elapse of predetermined time. (paragraph 0044)
With regards to claim 18, Ema et al. US 2021/0400362 teaches at least one processor transmits the measured measurement data selected by the at least one processor data selection unit to another system or apparatus. (paragraph 0093)
With regards to claim 21, Ema et al. US 2021/0400362 teaches the at least one processor records the selected measurement data of the at least one second sensor for the at least one first sensor for the purpose of at least one of: reducing a number of pieces of the measurement data transmitted by the data recording apparatus per unit time to conserve bandwidth; and reducing an amount of the measurement data to be recorded to conserve data storage resources.(paragraph 0005)
Response to Arguments
11. Applicant's arguments filed 05/7/2026 have been fully considered but they are not persuasive.
Applicant has amended the claims to include a “subset” of sensors and applicant has argued that this is not taught by the prior art of record. Examiner interprets a subset to be a portion of the plurality of sensors. i.e. one or more sensors that is not the total amount of the plurality sensor maybe interpreted as a subset. Paragraph 0047 state “ a different type of physical quantity from the sensor for which the measurement data is predicted so as to predict the measurement data for each of the plurality of sensors.” This section appears to read on the amended claims.
It is Examiner’s position that the claims read on these sections of the prior art of record and therefore the rejections have been maintained.
Applicant also argues that the facts are analogous to the facts set forth in Ex Parte Desjardins. Specifically, that the claims are integrated into a practical application by reducing a number of pieces of the measurement data transmitted… to conserve bandwidth. However, this is not disclosed in the claim or the specification. Further, predictions and determinations can be done by a human using mental process. Therefore, it is Examiner’s position that the claims are directed to an abstract idea the rejections have been maintained. It should be noted that incorporating claim 21 into the independent claim would likely overcome the USC 101 rejection.
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADITYA S BHAT whose telephone number is (571)272-2270. The examiner can normally be reached on Monday-Friday 8 am-6pm.
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14. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby Turner can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADITYA S BHAT/Primary Examiner, Art Unit 2857 June 9, 2026
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