DETAILED ACTION
This office action is made final. Claims 1-14 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Applicant’s amendment date 07/28/2026, amended claims 1 and 12-14.
Response to Amendment
The previously pending rejection to claims 1-14, under 35 USC 101 (Alice), will be maintained.
Response to Arguments
Applicant’s arguments received on date 07/28/2026 have been fully considered, but they are not persuasive.
Response to Arguments under 35 USC 101:
Applicant asserts that “independent claims 1, 13 and 14, as amended, recite limitations corresponding to a "practical application" which directs the alleged abstract idea of the claimed invention to patent-eligible subject matter.” Examiner respectfully disagrees.
Under the second prong of Step 2A, we determine whether any additional elements beyond the recited abstract idea, individually and as an ordered combination, integrate the judicial exception into a practical application. 84 Fed. Reg. 52, 54-55.
Here, under the second prong of Step 2A, the only additional elements beyond the recited abstract idea of claim 1, and similarly claims 13 and 14, are the recitations of Processing Circuitry to store processing-result evaluation information representing a plurality of processing conditions each having a plurality of parameters and a plurality of evaluation values of a plurality of processing results under the processing conditions; to classify the plurality of parameters into a plurality of variable parameters allowing change and one or more fixed parameters not allowing change; to generate one or more first features corresponding to the processing conditions by generating the first features with a dimension equal to or smaller than a first dimension from the variable parameters, the first dimension being a predetermined dimension; to generate one or more second features corresponding to the processing conditions by generating the second features with a dimension equal to or smaller than a second dimension from the one or more fixed parameters, the second dimension being a predetermined dimension; to generate a learning model by learning a relationship between the one or more first features, the one or more second features, and the evaluation values; to generate a third feature with a dimension equal to or smaller than the second dimension from one or more target fixed parameters, the one or more target fixed parameters being one or more fixed parameters used under a target processing condition, the target processing condition being a processing condition to be retrieved; to search for an optimal value of a feature of a plurality of target variable parameters by using the third feature and the learning model, the target variable parameters being a plurality of variable parameters used under the target processing condition; and to specify a retrieved processing condition from the optimal value and the one or more target fixed parameters, the retrieved processing condition being a processing condition retrieved as the target processing condition; to provide the retrieved processing condition to a processing machine; and to instruct the processing machine to perform processing for changing a shape or a state of a workpiece or a material, based on the retrieved processing condition,” and these additional elements, individually and in combination, are nothing more than computing elements recited at high level of generality implementing the abstract idea on a computer (i.e. apply it), and thus, are no more than applying the abstract idea with generic computer components. Accordingly, contrary to Applicant’s assertions, the judicial exception is not integrated into a practical application under the second prong of Step 2A.
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 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Specifically, claims 1-14 are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea.
With respect to Step 2A Prong One of the framework, claims 1 and 13-14 recite an abstract idea. Claims 1 and 13-14 include “store processing-result evaluation information representing a plurality of processing conditions each having a plurality of parameters and a plurality of evaluation values of a plurality of processing results under the processing conditions; classify the plurality of parameters into a plurality of variable parameters allowing change and one or more fixed parameters not allowing change; generate one or more first features corresponding to the processing conditions by generating the first features with a dimension equal to or smaller than a first dimension from the variable parameters, the first dimension being a predetermined dimension; generate one or more second features corresponding to the processing conditions by generating the second features with a dimension equal to or smaller than a second dimension from the one or more fixed parameters, the second dimension being a predetermined dimension; generate a learning model by learning a relationship between the one or more first features, the one or more second features, and the evaluation values; generate a third feature with a dimension equal to or smaller than the second dimension from one or more target fixed parameters, the one or more target fixed parameters being one or more fixed parameters used under a target processing condition, the target processing condition being a processing condition to be retrieved; search for an optimal value of a feature of a plurality of target variable parameters by using the third feature and the learning model, the target variable parameters being a plurality of variable parameters used under the target processing condition; and specify a retrieved processing condition from the optimal value and the one or more target fixed parameters, the retrieved processing condition being a processing condition retrieved as the target processing condition; to provide the retrieved processing condition to a processing machine; and to perform processing for changing a shape or a state of a workpiece or a material. based on the retrieved processing condition”.
The limitations above recite an abstract idea under Step 2A Prong One. More particularly, the elements above recite mental processes-concepts performed in the human mind (including an observation, evaluation, judgment, opinion) because the elements describe a process for target processing condition. As a result, claims 1 and 13-14 recite an abstract idea under Step 2A Prong One.
Claims 2-12 further describe the process for target processing condition. As a result, claims 2-12 recite an abstract idea under Step 2A Prong One for the same reasons as stated above with respect to claims 1 and 13-14.
With respect to Step 2A Prong Two of the framework, claims 1 and 13-14 do not include additional elements that integrate the abstract idea into a practical application. Claims 1 and 13-14 include additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements of claims 1 and 13-14 include a processing machine, a processing circuitry, a computer, and a non-transitory computer-readable medium. When considered in view of the claim as a whole, the additional elements do not integrate the abstract idea into a practical application because the additional computing elements are generic computing elements that are merely used as a tool to perform the recited abstract idea. As a result, claims 1 and 13-14 do not include additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
Claims 2-12 include additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements of claims 2-12 include a processing circuitry. When considered in view of the claims as a whole, the additional elements do not integrate the abstract idea into a practical application because the additional computing elements do no more than generally link the use of the recited abstract idea to a particular technological environment. As a result, claims 2-12 do not include additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
With respect to Step 2B of the framework, claims 1 and 13-14 do not include additional elements amounting to significantly more than the abstract idea. As noted above, claims 1 and 13-14 include additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements of claims 1 and 13-14 include a processing machine, a processing circuitry, a computer, and a non-transitory computer-readable medium. The additional elements do not amount to significantly more than the abstract idea because the additional computing elements are generic computing elements that are merely used as a tool to perform the recited abstract idea. Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, independent claims 1 and 13-14 do not include additional elements that amount to significantly more than the abstract idea under Step 2B.
Claims 2-12 include additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements of claims 2-12 include a processing circuitry. The additional elements do not amount to significantly more than the abstract idea because the additional computing elements do no more than generally link the use of the recited abstract idea to a particular technological environment. Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, claims 2-12 do not include additional elements that amount to significantly more than the abstract idea under Step 2B.
Therefore, the claims are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea. Accordingly, claims 1-14 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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 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 HAFIZ A KASSIM whose telephone number is (571)272-8534. The examiner can normally be reached 9:00 - 5:00 PM.
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/HAFIZ A KASSIM/Primary Examiner, Art Unit 3623 08/10/2026
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