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 .
The amendment to the specification, filed January 06, 2026, is acknowledged.
REMARKS
The amendment to claim 4 overcomes the objection to claim 4 of record.
On page 11, Applicant argues the presently claimed "central data management system", "local data management system" and "communication module" have now been clarified as servers throughout the claims. Such an amendment is supported at least in part by paragraphs [0002] and [0027] of the application as filed. Applicant’s argument is not persuasive because the pointed to paragraphs [0002] and [0027] do not describe the “servers” in a way that would preclude the interpretation of “servers” being software per se. As understood by one of ordinary skill in the art at the time of filing of the invention, a server in computer science is a computer program (software) or device that provides functionality for other programs or devices, called clients. The instant specification does not describe the claimed “server” to preclude the embodiment of software per se. The 35 U.S.C. 101 rejection as applied to claims 1-14 is maintained.
Claims 1-16, filed January 06, 2026, are examined on the merits.
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 1-14 and 16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claims 1-14 are directed to a software per se embodiment. The instant specification describes the claim computer system comprising “a database” ([0032]) and “a communication module” ([0033]) which embody software per se subject matter.
Allowable Subject Matter
Claims 1-16 are free of any prior art and would be allowable once the 35 USC 101 rejection is overcome.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/Cheyne D Ly/
Primary Examiner, Art Unit 2152
3/24/2026
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