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 .
Election/Restrictions
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 13, 2025.
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 1-13 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 the claims “do not have a physical or tangible form, such as information (often referred to as "data per se") or a computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations” see MPEP§2106.03I. Examiner notes that the term “unit” is used in claims 9-13, however this term does not have a physical or tangible form in the art or in the original disclosure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. 10,488,223 – see col. 3, ln. 13-col. 4, ln. 62; U.S. 10,365,710 – see col. 8, ln. 36-col. 10, ln. 28; U.S. 12,309,505 – see col. 8, ln. 62-col. 10, ln. 54.
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/PETER J IANNUZZI/ Primary Examiner, Art Unit 3715
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