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 .
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 1-20 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) limitations that fall under the mental process/ organized human activity (economic practice of barcode) groupings, as it pertains to generating encoded data. This judicial exception is not integrated into a practical application because it involves only generic computer components performing generic computer steps.\. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because it is merely being applied to a generic computer environment. For example, regarding independent claim 1, creating a 2d barcode with squares separate into 2 portions by a diagonal line and a shape in the second portion can be done mentally (with pen/paper) and falls under generic encoding/ encryption which is abstract. Though specific types of encoding can be eligible (MPEP 2106.04a2.. a claim to a specific data encryption method for computer communication involving a several-step manipulation of data, Synopsys., 839 F.3d at 1148, 120 USPQ2d at 1481 (distinguishing the claims in TQP Development, LLC v. Intuit Inc., 2014 WL 651935 (E.D. Tex. Feb. 19, 2014)), such claims do not recite a specific encryption method as per Synopsys that is more than generic encoding/ encryption. The dependent claims are rejected at least based on their dependency as they merely recite more specific limitations of the abstract data (size, shape, portions). Re claims 9 and 18, marking is seen as mental process/ organized human activity such as done with pen/ paper (notes).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 9 and 18 are method for performing a read process on a barcode, but they depend on method of creating/ computer product to make a barcode (base claims 1 and 10), and it is indefinite how a method for using the barcode further limits the method for making the barcode.
Appropriate clarification is requested.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3, 6, 12, 15, and 19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Eschbach et al. (US 20160012324).
Re claim 1, Eschbach et al. teaches:
A computer-implemented method, comprising:
creating a two-dimensional (2D) barcode (abstract+ teaches 2d code) that includes four perimeter sides, wherein an array of a plurality of squares are included within the four perimeter sides (FIG. 3), wherein at least a first of the squares includes:
a first portion defined by a first diagonal line within the first square (FIG. 3 shows each square has a diagonal line, for example look at row 2 column 2 wherein the top white triangle formed by the diagonal line can be seen as the recited first portion),
a second portion defined by the first diagonal line (diagonal line goes from one side to another thus defining at least 2 portions, the second portion can be below that first diagonal line), and
a third portion defined by a first shape within the second portion (a second diagonal line forms the shaded in triangle area, thus the third portion within the second portion).
Re claim 3, the first portion is one color and the second portion is a different color (black and white)
Re claim 6, the limitations have been discussed above re claim 1.
Re claim 10, the limitations have been discussed above, re claim 1.
Re claim 12, the limitations have been discussed above re claim 3.
Re claim 15, the limtaitons have been discussed above, re claim 6.
Re claim 19, the limitations have been discussed above, including a processor (paragraph [0005]+ interpreted to include logic.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL I WALSH whose telephone number is (571)272-2409. The examiner can normally be reached 8am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Paik can be reached at 571-272-2404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL I. WALSH/
Primary Examiner
Art Unit 2876
Prosecution Insights