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 .
Status of Claims
Due to communications filed 10/26/23 the following is a non-final office action. Claims 1, 3, 4, 8, 9 are amended. Claims 1-9 are pending in this application and are rejected as follows. Prosecution has been re-opened.
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 toa judicial exception (l.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
With regard to the present claims 1-9, these claim recites a series of steps and, therefore, is a process, and ultimately, is statutory.
In addition, the claim recites a judicial exception. The claims as a whole recite “Certain Methods of Organizing Human Activity”. The claimed invention isa method that allows for access, analysis, update and communication of electronic image records. The claims further describe “managing access/identity verification”, which are concepts performed in the human mind (including an observation, evaluation, judgment, opinion), and falls under “certain Methods of Organizing Human Activity”, a known abstract idea. The mere nominal recitation of a generic computer/computer network does not take the claim out of the “Certain Methods of Organizing Human Activity” grouping. Thus, the claim recites an abstract idea.
Furthermore, the claims are not integrated into a practical application. The claim as a whole merely describes how to generally “apply” the concept of accessing, analyzing, updating and communicating image information in a computer environment. The claimed computer components are recited at a high level of generality and are merely invoked as tools to perform an existing image records update process. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea.
Finally, the claims do not recite an inventive concept. As noted previously, the claim as a whole merely describes how to generally “apply” the concept of accessing, analyzing, updating and communicating information related to image records in a computer environment. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
Prior Art Considered
The following art has been considered relevant by the examiner, however has not been used in the present Office Action:
GANONG (CA-3040971-A1)
MATSUMOTO (JP-2004362283-A)
Response to Arguments
Applicant’s arguments, see arguments/remarks, filed 9/5/25, with respect to the 35 USC 103 rejection have been fully considered and are persuasive. The 35 USC 101 rejection of claims 1-9 has been withdrawn.
In addition, after re-evaluating the newly amended claims, Examiner has issued a new 101 rejection of claims 1-9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Akiba Robinson whose telephone number is 571-272-6734 and email is Akiba.Robinsonboyce@USPTO.gov. The examiner can normally be reached on Monday-Thursday 6:30am-4:30pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's supervisor, Resha Desai can be reached on 571-270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system, Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (I N USA OR CANADA) or 571-272-1000.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703) 305-3900.
December 8, 2025
/Akiba K Robinson/
Primary Examiner, Art Unit