DETAILED ACTION
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This Office Action is in response to the communication filed on 12/12/2025.
Claims 1-32 have been canceled.
Claims 33, 40 and 47 have been amended.
Claims 33-52 are pending for consideration.
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 .
Terminal Disclaimer
The terminal disclaimer filed 12/12/2025 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Response to Arguments
Applicant's arguments filed 12/12/2025 have been fully considered but they are not persuasive.
Applicant argues: (with respect to 101 rejections)
Applicant argues on pages 8-9 of the Remarks that to expedite prosecution of the present application, claims 33, 40, and 47 are amended herein to recite "a computer-based structured data manager processor" to clarify the nature of the processor. In light of the amendment to clarify the meaning of the term "a computer-based structured data manager processor," the applicant respectfully requests that the Section 101 rejection be withdrawn. Applicant asserts that the claims do not claim information system data, but rather they claim a functional improvement in the computer for processing the information system data. Therefore, the applicant asserts that the claims of the present application are directed to an improvement to computer functionality.
Examiner’s response:
The issue is not whether the claims that are directed to improvement of existing technology are directed to the abstract idea of information system data. The issue is the entire system claims 33-52 lacks any hardware for being considered as a system. The term “computer-based structured data manager processor” is not clearly set forth in the Applicant’s specification. As such, it is reasonable to interpret the term as software per se.
Furthermore, "[t]hough understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. For example, a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment." Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875, 69 USPQ2d 1865, 1868 (Fed. Cir. 2004). See also Liebel-Flarsheim Co. v. Medrad Inc., 358 F.3d 898, 906, 69 USPQ2d 1801, 1807 (Fed. Cir. 2004) (discussing recent cases wherein the court expressly rejected the contention that if a patent describes only a single embodiment, the claims of the patent must be construed as being limited to that embodiment); E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) ("Interpretation of descriptive statements in a patent’s written description is a difficult task, as an inherent tension exists as to whether a statement is a clear lexicographic definition or a description of a preferred embodiment. The problem is to interpret claims ‘in view of the specification’ without unnecessarily importing limitations from the specification into the claims."); Altiris Inc. v. Symantec Corp., 318 F.3d 1363, 1371, 65 USPQ2d 1865, 1869-70 (Fed. Cir. 2003) (Although the specification discussed only a single embodiment, the court held that it was improper to read a specific order of steps into method claims where, as a matter of logic or grammar, the language of the method claims did not impose a specific order on the performance of the method steps, and the specification did not directly or implicitly require a particular order).
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 33-52 are rejected under 35 U.S.C. 101 as being directed to no more than software per se or combination of software per se and signals per se. The claims 33-52 do not fall within at least one of the four categories of patent eligible subject matter because the claimed invention does not direct to any concrete thing consisting of parts or devices. Claims 33, 40 and 47 recite a …system that comprises a computer-based structured data manager processor to obtain…establish… and process the system data. The specification as originally filed fails to set forth the metes and bounds of what is meant to be encompassed by the term “ computer-based structured data manager processor”. As such, it is reasonable to interpret the term as software per se. Therefore, claims 33, 40 and 47 are not patent-eligible subject matter.
The dependent claims 34-39, 41-46 and 48-52 are depended on the rejected base claim, and are rejected for the same rationales.
Allowable Subject Matter
Claims 33-52 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101 set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: As to claims 33-52, none of the art of reference, discloses, individually or in reasonable combination, the features recited in claims 33-52.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRANG T DOAN whose telephone number is (571)272-0740. The examiner can normally be reached Monday-Friday 7-4 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynn D Feild can be reached on (571)272-2092. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRANG T DOAN/Primary Examiner, Art Unit 2431
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