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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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/08/2023 and 07/17/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 and does not integrate the judicial exception into a practical application or amount to significantly more than the judicial exception.
Regarding claim 1
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“a first parameter based on a distance between a value of an nth replicated sample present at the one or more outputs resulting from the (n-1)th reinjection and a value of one of the previously injected or reinjected samples, where n is equal to at least 2; and d) comparing the first parameter with a first threshold-@6, and processing the input data sample as an anomalous data sample if the first threshold is exceeded.”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “A method of anomaly detection using a trained artificial neural networkcircui”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claim is not patent eligible.
Regarding claim 2
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1:
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “the method comprising: performing anomaly detection according to the method of claim 1; and controlling, by the control circuit or processing device, the one or more actuators only if the input data sample is not detected as an anomalous data sample.”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claim is not patent eligible.
Regarding claim 3
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1:
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “further comprising, prior to a), capturing the input data sample using one or more sensors, wherein the one or more sensors comprise an image sensor, the input data sample being one or more images capture by the image sensor, and the control circuit or processing device being configured to perform said anomaly detection by image processing of the input data sample”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claim is not patent eligible.
Regarding claim 4
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“wherein the first parameter is an overall distance between the value of an nth replicated sample and a value of the input data sample.”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Thus, the judicial exception is not integrated into a practical application [see MPEP 2106.05(d) I.], failing Step 2A Prong 2. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception under step 2B.
Regarding claim 5
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“wherein the first parameter is an average distance per reinjection among a plurality of distances associated with the n-1 reinjections, each of the plurality of distances corresponding to a distance between a value of the reinjected sample and the value of the replicated sample present at the one or more outputs resulting from the reinjected sample”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Thus, the judicial exception is not integrated into a practical application [see MPEP 2106.05(d) I.], failing Step 2A Prong 2. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception under step 2B.
Regarding claim 6
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1:
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “wherein the trained artificial neural network (502) is configured to implement a classification function, one or more further outputs (H) of the trained artificial neural network providing one or more class output values resulting from the classification function”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claim is not patent eligible.
Regarding claim 7
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“…a second parameter based on a distance between values of the one or more class output values present at the one or more further outputs resulting from a reinjection with values of the one or more class output values (H) present at the one or more further outputs resulting from the injection of the input data sample; and f) comparing, by the control circuit or the processing device, the second parameter with a second threshold, and processing the input data sample as an adversarial data sample if the second threshold is exceeded.”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “performing adversarial data detection by: e) computing, by the control circuit or the processing device,”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claim is not patent eligible.
Regarding claim 8
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“wherein the class output values are Logits.”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Thus, the judicial exception is not integrated into a practical application [see MPEP 2106.05(d) I.], failing Step 2A Prong 2. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception under step 2B.
Regarding claim 9
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“wherein the computing the first parameter comprises computing one or more of: - the mean squared error distance; - the Manhattan distance; - the Euclidean distance; - the distance; - the Kullback-Leibler distance; - the Jeffries-Matusita distance; - the Bhattacharyya distance; and - the Chernoff distance.”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Thus, the judicial exception is not integrated into a practical application [see MPEP 2106.05(d) I.], failing Step 2A Prong 2. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception under step 2B.
Regarding claim 10
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“wherein the computing the second parameter comprises computing one or more of: - the mean squared error distance; - the Manhattan distance; - the Euclidean distance; - the x^2 distance; - the Kullback-Leibler distance; - the Jeffries-Matusita distance; - the Bhattacharyya distance; and - the Chernoff distance.”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Thus, the judicial exception is not integrated into a practical application [see MPEP 2106.05(d) I.], failing Step 2A Prong 2. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception under step 2B.
Regarding claim 11
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“wherein processing the input data sample as an anomalous data sample comprises storing the input data sample to a sample data buffer”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “the method further comprising performing novel class learning on a plurality of input data samples stored in the sample data buffer”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claim is not patent eligible.
Regarding claims 12-18
Claims 12-18 recites analogous limitations to independent claims 1-3, 6-8 and 11 therefore is rejected on the same ground as claims 1-3, 6-8 and 11.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VAN C MANG whose telephone number is (571)270-7598. The examiner can normally be reached Mon - Fri 8:00-5:00pm.
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/VAN C MANG/Primary Examiner, Art Unit 2126
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