DETAILED ACTION
Claims 1-10 are pending.
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 .
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.
Rejections under 35 U.S.C. 101 - abstract idea without significantly more:
CLAIMS 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Regarding independent CLAIMS 1, 9, and 10-
Step 1
Independent claim 1 is drawn to a system, independent 9 is drawn to a method, and independent claim 10 is drawn to a computer program product comprising a non-transitory computer readable storage medium - they fall under a statutory category of invention and thus step 1 of the 101 Analysis is satisfied.
Step 2A Prong 1
Claims 1 and 9-10 recite the following abstract ideas:
Calculate a metric of obstruction.
This step may be performed by the human mind.
Step 2A Prong 2
Claims 1, and 9-10 recite additional elements, but do not integrate the judicial exception into a practical application. The claims further recite step of: “obtaining data”. This step is considered an insignificant pre-solution activity of data gathering recited at a high level of generality and not performed in a specific manner which would improve the system. The obtaining/receiving step merely retrieves the data necessary for mental processing and thus does not provide a practical application.
Step 2B
Claims 1, and 9-10 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The “obtaining step” is not sufficient to amount to significantly more than the judicial exception. Other than reciting “processors”, “processing circuitry”, and a “memory”, nothing in the claim elements precludes the mental acts/steps from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas.
Regarding dependent CLAIMS 2-8
It can be noted that the none of the dependent claims add additional element linking the judicial exception into a practical application, or include additional elements that are sufficient to amount to significantly more than the judicial exception.
Claims 2-8 recite further steps/limitation of:
Claims 2-3 - “Descriptions of the metric of obstruction” – Considered as mere descriptive data and are not additional element linking the judicial exception into a practical application. These descriptions do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Claims 4-5 - “Descriptions of the data informative of the fluid depth” – Considered as mere descriptive data and are not additional element linking the judicial exception into a practical application. These descriptions do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Claim 6 – “Receiving data” - This step is considered an insignificant pre-solution activity of data gathering recited at a high level of generality and not performed in a specific manner which would improve the system. The obtaining/receiving step merely retrieves the data necessary for mental processing and thus does not provide a practical application.
Claim 6 - “Identifying and calculating” - This step may be performed by the human mind.
Claims 7-8 - “Descriptions of the type of sensors” – Considered as mere descriptive data and are not additional element linking the judicial exception into a practical application. These descriptions do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Citation of Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Stone et al., US Patent No. 7,708,949 – relates to transporting fluid.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS R ORTIZ RODRIGUEZ whose telephone number is (571)272-3766. The examiner can normally be reached on Mon-Fri 10:00 am- 6:30 pm.
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/CARLOS R ORTIZ RODRIGUEZ/ Primary Examiner, Art Unit 2119