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 1-9 are rejected under 35 U.S.C. § 101.
The recited units are found to be directed to software per se.
Step 2A, Prong One: The claims recite the abstract idea of evaluating a space by collecting and analyzing air quality data to determine naturalness.
Step 2A, Prong Two: The claims do not integrate the abstract idea into a practical application. The recited “setting unit” and “estimating unit” are generic functional modules, and the additional limitations regarding machine learning, collecting devices, analysis devices, and negative control samples merely apply the abstract idea using conventional data processing techniques.
Step 2B: The claims do not recite significantly more than the abstract idea. The additional elements, considered individually and in combination, amount to no more than routine and conventional activities performed with generic components. Therefore, the claims do not include an inventive concept.
Accordingly, claims 1-9 are rejected under 35 U.S.C. § 101.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL FUELLING whose telephone number is (571)270-1367.
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/MICHAEL FUELLING/ Supervisory Patent Examiner