The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/18/2026 has been entered.
Notice to Applicant
In response to the communication received on 02/18/2026, the following is a Non-Final Office Action for Application No. 18232129.
Status of Claims
Claims 21-40 are pending.
Claims 1-20 are cancelled.
Response to Amendments
Applicant’s amendments have been fully considered.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot in light of the new grounds of rejection, as necessitated by amendment.
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 as directed to non-statutory subject matter.
Claims 1-20 are 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. In adhering to the 2019 PEG, Step 1 is directed to determining whether or not the claims fall within a statutory class. Herein, the claims fall within statutory class of process or machine or manufacture. Hence, the claims qualify as potentially eligible subject matter under 35 U.S.C §101. With Step 1 being directed to a statutory category, the 2019 PEG flowchart is directed to Step 2. Step 2 is the two-part analysis from Alice Corp. (also called the Mayo test). The 2019 PEG makes two changes in Step 2A: It sets forth new procedure for Step 2A (called “revised Step 2A”) under which a claim is not “directed to” a judicial exception unless the claim satisfies a two-prong inquiry. The two-prong inquiry is as follows: Prong One: evaluate whether the claim recites a judicial exception (an abstract idea enumerated in the 2019 PEG, a law of nature, or a natural phenomenon). If claim recites an exception, then Prong Two: evaluate whether the claim recites additional elements that integrate the exception into a practical application of the exception. The claim(s) recite(s) the following abstract idea indicated by non-boldface font and additional limitations indicated by boldface font:
21. A computer-implemented method for generating tasks for a build project,comprising:retrieving, by a processor, a moab assembly corresponding to a component of the build project, the moab assembly comprising:a set of procurement tasks, each procurement task identifying a material to be sourced from a designated vendor;a set of shop tasks, each shop task identifying a fabrication process to be performed at an identified work cell using one or more of the materials; anda set of field tasks, each field task identifying installation of the component into the build project;integrating the moab assembly with build project data derived from a computer-aided design ("CAD") application or building information model ("BIM") application to determine work phases of the build project and sequencing of the procurement, shop,and field tasks;displaying, in a graphical user interface ("GUI"), the procurement tasks, shop tasks, andfield tasks by work phase together with corresponding materials and production states;automatically initiating actions, including:automatically transmitting a purchase order to a vendor identified in a procurement task; and automatically generating a fabrication job to be executed at a work cell identified in a shop task; and dynamically updating the GUI to show the initiated actions and an effect of the initiated actions on subsequent tasks of the build project.
[or]
30. A non-transitory computer-readable medium including instructions for generating tasks for a build project, the instructions causing a processor to perform stages, the stages comprising:retrieving a moab assembly corresponding to a component of the build project, the moab assembly comprising:a set of procurement tasks, each identifying a material to be sourced from a designated vendor;a set of shop tasks, each identifying a fabrication process to be performed at an identified work cell using one or more of the procured materials; anda set of field tasks, each identifying installation of the component into the build project;integrating the moab assembly with build project data derived from a computer-aided design ("CAD") application or building information model ("BIM") application todetermine work phases of the build project and sequencing of the procurement, shop, and field tasks; displaying, in a graphical user interface ("GUI"), the procurement tasks, shop tasks, andfield tasks by work phase together with corresponding materials and production states;automatically initiating actions, including:automatically transmitting a purchase order to a vendor identified in a procurement task; andautomatically generating a fabrication job to be executed at a work cell identified in a shop task; anddynamically updating the GUI to show the initiated actions and an effect of the initiated actions on subsequent tasks of the build project.
[or]
36. A system for generating tasks for a build project, comprising:a memory storage including a non-transitory, computer-readable medium comprising instructions; anda hardware-based processor that executes the instructions to carry out stages comprising:retrieving a moab assembly corresponding to a component of the build project, the moab assembly comprising:a set of procurement tasks, each identifying a material to be sourced from a designated vendor;a set of shop tasks, each identifying a fabrication process to be performed at an identified work cell using one or more of the procured materials; anda set of field tasks, each identifying installation of the component into the build project;integrating the moab assembly with build project data derived from a computer-aided design ("CAD") application or building information model ("BIM") applicationto determine work phases of the build project and sequencing of the procurement, shop, and field tasks; displaying, in a graphical user interface ("GUI"), the procurement tasks, shop tasks,and field tasks by work phase together with corresponding materials and production states;automatically initiating actions, including:automatically transmitting a purchase order to a vendor identified in a procurement task; andautomatically generating a fabrication job to be executed at a work cell identified in a shop task; anddynamically updating the GUI to show the initiated actions and an effect of the initiated actions on subsequent tasks of the build project.
Per Prong One of Step 2A, the identified recitation of an abstract idea falls within at least one of the Abstract Idea Groupings consisting of: Mathematical Concepts, Mental Processes, or Certain Methods of Organizing Human Activity. Particularly, the identified recitation falls within the Mental Processes including concepts performed in the human mind (including an observation, evaluation judgment, opinion) and/or Certain Methods of Organizing Human Activity including managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules of instructions). Per Prong Two of Step 2A, this judicial exception is not integrated into a practical application because the claim as a whole does not integrate the identified abstract idea into a practical application. The processor and/or memory medium is recited at a high level of generality, i.e., as a generic processor performing a generic computer function of processing/transmitting data. This generic processor and/or memory medium limitation is no more than mere instructions to apply the exception using a generic computer component. Further, updating the GUI by a processor and/or memory medium is mere instruction to apply an exception using a generic computer component which cannot integrate a judicial exception into a practical application. Accordingly, this/these additional element(s) does/do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Thus, since the claims are directed to the determined judicial exception in view of the two prongs of Step 2A, the 2019 PEG flowchart is directed to Step 2B. Therein, the additional elements and combinations therewith are examined in the claims to determine whether the claims as a whole amounts to significantly more than the judicial exception. It is noted here that the additional elements are to be considered both individually and as an ordered combination. In this case, the claims each at most comprise additional elements of: processor and/or memory medium. Taken individually, the additional limitations each are generically recited and thus does not add significantly more to the respective limitations. Further, updating the GUI by a processor and/or memory medium is mere instruction to apply an exception using a generic computer component which cannot provide an inventive concept in Step 2B (or, looking back to Step 2A, cannot integrate a judicial exception into a practical application). For further support, the Applicant’s specification supports the claims being directed to use of a generic computer/memory type structure at ¶041 wherein “The user device 710 can be one or more processor-based devices, such as a personal computer, tablet, or cell phone.” Taken as an ordered combination, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the limitations are directed to limitations referenced in Alice Corp. that are not enough to qualify as significantly more when recited in a claim with an abstract idea include, as a non-limiting or non-exclusive examples: i. Adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, e.g., a limitation indicating that a particular function such as creating and maintaining electronic records is performed by a computer, as discussed in Alice Corp., 134 S. Ct. at 2360, 110 USPQ2d at 1984 (see MPEP § 2106.05(f));
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ii. Simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 134 S. Ct. at 2359-60, 110 USPQ2d at 1984 (see MPEP § 2106.05(d));
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iii. Adding insignificant extra-solution activity to the judicial exception, e.g., mere data gathering in conjunction with a law of nature or abstract idea such as a step of obtaining information about credit card transactions so that the information can be analyzed by an abstract mental process, as discussed in CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 99 USPQ2d 1690, 1694 (Fed. Cir. 2011) (see MPEP § 2106.05(g)); or
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v. Generally linking the use of the judicial exception to a particular technological environment or field of use, e.g., a claim describing how the abstract idea of hedging could be used in the commodities and energy markets, as discussed in Bilski v. Kappos, 561 U.S. 593, 595, 95 USPQ2d 1001, 1010 (2010) or a claim limiting the use of a mathematical formula to the petrochemical and oil-refining fields, as discussed in Parker v. Flook. The courts have recognized the following computer functions inter alia to be well-understood, routine, and conventional functions when they are claimed in a merely generic manner: performing repetitive calculations; receiving, processing, and storing data (e.g., the present claims); electronically scanning or extracting data; electronic recordkeeping; automating mental tasks (e.g., process/machine/manufacture for performing the present claims); and receiving or transmitting data (e.g., the present claims). The dependent claims do not cure the above stated deficiencies, and in particular, the dependent claims further narrow the abstract idea without reciting additional elements that integrate the exception into a practical application of the exception or providing significantly more than the abstract idea. Since there are no elements or ordered combination of elements that amount to significantly more than the judicial exception, the claims are not eligible subject matter under 35 USC §101. Thus, viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) 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 KURTIS GILLS whose telephone number is (571)270-3315. The examiner can normally be reached on M-F 8-5 PM.
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/KURTIS GILLS/Primary Examiner, Art Unit 3624