DETAILED ACTION
Response to Arguments
Applicant's arguments filed with respect to claims 1-16 have been fully considered but are moot in view of the new ground(s) of rejection. The rejections are necessitated due to claim amendments.
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 1-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. When reviewing independent claim 1, and based upon consideration of all of the relevant factors with respect to the claim as a whole, claims 1-16 are held to claim an abstract idea without reciting elements that amount to significantly more than the abstract idea and is/are therefore rejected as ineligible subject matter under 35 U.S.C. 101.
The Examiner will analyze Claim 1, and similar rationale applies to independent Claim 7 and 8.
The rationale, under MPEP § 2106, for this finding is explained below. The claimed invention (1) must be directed to one of the four statutory categories, and (2) must not be wholly directed to subject matter encompassing a judicially recognized exception, as defined below. The following two step analysis is used to evaluate these criteria.
Step 1: Is the claim directed to one of the four patent-eligible subject matter categories: process, machine, manufacture, or composition of matter?
When examining the claim under 35 U.S.C. 101, the Examiner interprets that the claims is related to a machine since the claim is directed to road observation apparatus.
Step 2a, Prong 1: Does the claim wholly embrace a judicially recognized exception, which includes laws of nature, physical phenomena, and abstract ideas, or is it a particular practical application of a judicial exception?
The Examiner interprets that the judicial exception applies since Claim 1 limitation of “a visible range on a basis of whether a marker is recognizable” [a mental process which can be done by human road observer]; initiate resetting of the visible range if a distant imaging target located at a position beyond the set visible range is recognized, the distant imaging target being different than the marker [Also, a mental process which could be done by human road observers]; and determine that the recognition of the distant imaging target is incorrect if the reset visible range does not exceed the position of the distant imaging target [Inferential Judgment. Which could also be done by a human observer] are directed to an abstract.
If/when the claim recites a judicial exception (i.e., an abstract idea enumerated in MPEP § 2106.04(a), a law of nature, or a natural phenomenon), the claim requires further analysis in Prong Two.
Step 2a, Prong 2: Does the claim recite additional elements that integrate the judicial exception into a practical application?
A road observation apparatus is used to generally apply the abstract idea without limiting how it functions.
Step 2b: If a judicial exception into a practical application is not recited in the claim, the Examiner must interpret if the claim recites additional elements that amount to significantly more than the judicial exception.
Furthermore, the generic computer components or machine learning algorithm of the processor/memory recited as performing generic computer or machine learning functions that are well-understood, routine and conventional activities amount to no more than implementing the abstract idea with a computerized system.
The Examiner finds that Claims 2-6 does not state significantly more since the claim only recites additional steps for observing visible ranges.
Thus, claims 1-16 recite the same abstract idea and therefore are not drawn to the eligible subject matter as they are directed to the abstract idea without significantly more.
Therefore, all claims are rejected under 35 U.S.C. 101.
NOTE: No prior art was found.
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 SOLOMON G BEZUAYEHU whose telephone number is (571)270-7452. The examiner can normally be reached on Monday-Friday 10 AM-8 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Oneal Mistry can be reached on 313-446-4912. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SOLOMON G BEZUAYEHU/
Primary Examiner, Art Unit 2666
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