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 .
DETAILED ACTION
This Office Action is sent in response to Application’s Communication received on 07/03/2023 for application number 18/303958. The Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawing, Abstract, Oath/Declaration, and Claims.
Claims (1-22) are presented for examination.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 02/20/2024 and 04/20/2023 was filed prior to current Office Action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Allowable Subject Matter
Claims 1-22 are directed to allowable subject matter if 101 rejection is addressed.
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 therefore, subject to the conditions and requirements of this title.
Claims (1-22) 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.
Step 1: Claims (1-22) are drawn to a method each of which is within the four statutory categories (e.g., a process, a machine).
Step 2A - Prong One: In prong one of step 2A, the claims are analyzed to evaluate whether they recite a judicial exception.
Claim 1.
A low-power stretchable neuromorphic nerve device that transmits electrophysiological signals to biological motor organs, or restores or controls motion of the biological motor organs, the low-power stretchable neuromorphic nerve device comprising:
an artificial proprioceptor device that emulates an animal's proprioceptor and provides proprioceptor feedback to external stimuli, nerve stimuli, or body movements; and
an artificial synapse constituted by a semiconducting structure receiving a signal from the artificial proprioceptor device and outputting, to a living organ, a post-synaptic signal capable of controlling the living organ, wherein the artificial proprioceptor device forms a closed feedback loop together with the artificial synapse.
The limitations recite “…an artificial proprioceptor device that emulates an animal's proprioceptor and provides proprioceptor feedback to external stimuli, nerve stimuli, or body movements …” which can be defined as concepts that can practically be performed in the human mind, or by a human using pen and paper as a physical aid. Examples of mental processes include observations, evaluations, judgments, and opinions. For example, the claimed “emulating” and “providing” under its broadest reasonable interpretation when read in light of the specification encompasses emulating an action and provides feedback. Thus, the limitation is a mental process.
The limitations recite an artificial synapse constituted by a semiconducting structure receiving a signal from the artificial proprioceptor device and outputting, to a living organ, a post-synaptic signal capable of controlling the living organ, wherein the artificial proprioceptor device forms a closed feedback loop together with the artificial synapse” which can be defined as concepts that can practically be performed in the human mind, or by a human using pen and paper as a physical aid. Examples of mental processes include observations, evaluations, judgments, and opinions. For example, the claimed “receiving” and “outputting” under its broadest reasonable interpretation when read in light of the specification encompasses receiving signal and providing an output. Thus, the limitation is a mental process.
Step 2A Prong 2:
Claim 1 recites additional elements such as “low-power stretchable neuromorphic nerve device” and “an artificial proprioceptor device” which are recited at a high level, the elements are merely reciting the words that pertain to a generic computer (or an equivalent) with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, as discussed in MPEP § 2106.05(f). The additional element(s) amount to merely the words “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. The limitation does not integrate the judicial exception into a practical application.
Dependent claims (2-22) fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims (2-22) are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e. they are part of the abstract idea recited in each respective claim).
The Examiner has therefore determined that the elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claims are directed to an abstract idea.
Step 2B: The claim does not provide an inventive concept (significantly more than the abstract idea). The claim is ineligible.
The low-power stretchable neuromorphic nerve device” and “an artificial proprioceptor device” steps are considered insignificant extra solution activity. The limitations are mere data gathering and output using low-power stretchable neuromorphic nerve device” and “an artificial proprioceptor device” that is recited at a high level of generality and amount to processing input data using devices that are recited at high level of generality using a generic computer. Even when considered in combination, the additional elements represent mere instructions to apply an exception and insignificant extra-solution activity, which cannot provide an inventive concept.
Dependent claims (2-22) fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims (2-22) are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e. they are part of the abstract idea recited in each respective claim).
The Examiner has therefore determined that the elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claims are directed to an abstract idea.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HASSAN MRABI whose telephone number is (571)272-8875. The examiner can normally be reached on Monday-Friday, 7:30am-5pm. Alt, Friday, EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Viker Lamardo can be reached on 571-270-5871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HASSAN MRABI/Examiner, Art Unit 2144