PreDETAILED ACTION
Information Disclosure Statement
The information disclosure statement filed 4/7/2025 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because US PGPub 20041477121 is not the correct listed document. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Response to Arguments
The terminal disclaimer filed on 1/2/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Pat. 11,670,480, 10,664,955, 10,656,532 have been reviewed and is accepted.
However, upon further consideration, the claims stand rejected under 35 USC 101, produced below.
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 (e.g. mathematical concepts) without significantly more. The claims recite, for example claim 1, a method for applying a model, adjusting a parameter of the model, obtaining a best fit of the model. This judicial exception is not integrated into a practical application because the generically recited method steps do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a processor (see MPEP 2105.05(f)) or a mental process (see MPEP 2104.02(a)(2)(III).
Regarding claim 1, the claim recites a method for detecting edge positions in a pattern structure comprising detecting the edge positions of features within the pattern structure of an image without filtering the image (Fig. 12 of Platzgummer (US PGPub 2017/0357153) shows a device detecting edge positions of a feature pattern as conventional activity, see paragraph [0066]), wherein the detecting is performed by:
applying a model to a single linescan (does not add significantly more - this step is a mathematical concept (i.e. data manipulation done on a processor)),
adjusting, based on the single linescan, one or more parameters of the model (does not add significantly more – this step is a mathematical concept (i.e. adjusting a model is data manipulation)),
obtaining, using the one or more adjusted parameters, a best fit of the model to the single linescan (does not add significantly more – this step is a mental process (i.e. best fit of the model can be done by pen and paper)).
Claims 2-8 are further limiting the abstract idea without significantly more as dependent upon claim 1.
Regarding claim 9, the claim recites a processor that is commensurate in scope with claim 1 and is rejected under 35 USC 101 for the same reasons above.
Claims 10-15 are further limiting the abstract idea without significantly more as dependent upon claim 9.
Regarding claim 16, the claim recites a processor that is commensurate in scope with claim 9 and is rejected under 35 USC 101 for the same reasons above.
Claims 17-20 are further limiting the abstract idea without significantly more as dependent upon claim 16.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANWAY CHANG whose telephone number is (571)270-5766. The examiner can normally be reached Monday - Friday 7:30 AM - 4:00 PM EST.
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Hanway Chang
/HC/ Examiner, Art Unit 2878
/GEORGIA Y EPPS/ Supervisory Patent Examiner, Art Unit 2878