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 communication is in response to the amendments filed on 09/05/2025.
Claims 1-5, 7-8 have been amended.
Claims 1-9 are currently pending and have been examined.
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 because the claimed invention is directed to an abstract idea without significantly more. Claims 1-9 are directed to a system which are statutory classes of invention.
Nevertheless, independent claims 1 and 8-9 are directed in part to an abstract idea. The claims are drawn to commercial or legal interactions (under certain methods of organizing human activity), or a replenishment plan creation, in this case. The independent claims recite steps which are done by using generic computing components. If the claim limitations, under the broadest reasonable interpretation, covers performance of the limitations as a commercial or legal interaction but for the recitation of generic computer elements, then it falls within the “Commercial Legal Interactions” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application because the claims as a whole merely describes the concept of a replenishment plan creation using these additional elements: computer. These additional elements in these steps are recited at a high-level of generality such that it amounts to more than mere instructions to apply the exception using a generic computer component. Accordingly, there are no additional elements to integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of a computer device to perform these steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
Response to Arguments
Applicant's arguments filed 09/05/2025 have been fully considered but they are not persuasive.
In the remarks, the Applicant argues in substance:
Argument:
Thus, Claim 1 recites a specific technical solution to a technical problem of obtaining route information to a route to the factory from a supplier corresponding io a particular date of delivery, involving multiple user interactions with both a displayed map of a factory and displayed replenishment plan information, e.g., as shown for example in Figure 11. With these particular features, Claim 1 is integrated into a practical application, and thus is patent eligible under 35 U.S.C. § 101.
In response, the Examiner respectfully disagrees. Applicant is reminded that claims must be given their broadest reasonable interpretation. The elements discussed above with respect to the practical application in Step 2A, prong two are equally applicable to consideration of whether the claims amount to significantly more. Reconsideration of the additional elements identified as insignificant extra-solution activity does not change the analysis: The broadest reasonable interpretation of obtaining route information to a route to the factory from a supplier corresponding io a particular date of delivery, involving multiple user interactions with both a displayed map of a factory and displayed replenishment plan information, e.g., as shown for example in Figure 11. Obtaining route information electronically by a computer amounts to receiving and transmitting data over a processing circuitry (See MPEP 2106.05(d)(II) citing Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362). Accordingly claims 1-9 are reject under 35 USC 101.
Conclusion
THIS ACTION IS MADE FINAL. 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 mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FATEH M OBAID whose telephone number is (571)270-7121. The examiner can normally be reached Monday-Friday 8:00 A.M to 4:30 P.M.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ryan Zeender can be reached at (571) 272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FATEH M OBAID/Primary Examiner, Art Unit 3627
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