Prosecution Insights
Last updated: April 19, 2026
Application No. 18/396,521

MEASUREMENT DATA ANALYSIS DEVICE, MEASUREMENT DATA ANALYSIS METHOD AND NON-TRANSITORY COMPUTER READABLE MEDIUM STORING MEASUREMENT DATA ANALYSIS PROGRAM

Non-Final OA §101§112
Filed
Dec 26, 2023
Examiner
TCHATCHOUANG, CARL F.R.
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Shimadzu Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
95%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
139 granted / 164 resolved
+16.8% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
34 currently pending
Career history
198
Total Applications
across all art units

Statute-Specific Performance

§101
33.5%
-6.5% vs TC avg
§103
32.5%
-7.5% vs TC avg
§102
6.3%
-33.7% vs TC avg
§112
24.9%
-15.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 164 resolved cases

Office Action

§101 §112
DETAILED ACTION 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 § 112 The following is a quotation of 35 U.S.C. 112(b): (b ) CONCLUSION.— The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. Claim 1, 4 and 11-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites the limitation "the estimated noise intensity" in line 10. It is unclear if it is referring to the noise intensity included in the measurement data obtained before the frequency filter is applied or another estimated intensity. If it is referring to the noise intensity included in the measurement data obtained before the frequency filter is applied, then it is recommended to amend to recite “the estimated noise intensity included in the measurement data obtained before the frequency filter is applied” . Claim 4 recites the limitation "the corrected noise intensity" in line 8-9. It is unclear if it is referring to the noise intensity included in the measurement data or another noise intensity. If it is referring to the noise intensity included in the measurement data, then it is recommended to amend to recite “the corrected noise intensity included in the measurement data”. Claim 11 recites the limitation "the estimated noise intensity" in line 10. It is unclear if it is referring to the noise intensity included in the measurement data obtained before the frequency filter is applied or another estimated intensity. If it is referring to the noise intensity included in the measurement data obtained before the frequency filter is applied, then it is recommended to amend to recite “the estimated noise intensity included in the measurement data obtained before the frequency filter is applied”. Claim 12 recites the limitation "the estimated noise intensity" in line 8-9. It is unclear if it is referring to the noise intensity included in the measurement data or another noise intensity. If it is referring to the noise intensity included in the measurement data, then it is recommended to amend to recite “the estimated noise intensity included in the measurement data”. Claim 13 recites the limitation "the estimated noise intensity" in line 11. It is unclear if it is referring to the noise intensity included in the measurement data obtained before the frequency filter is applied or another estimated intensity. If it is referring to the noise intensity included in the measurement data obtained before the frequency filter is applied, then it is recommended to amend to recite “the estimated noise intensity included in the measurement data obtained before the frequency filter is applied”. Claim 14 recites the limitation "the estimated noise intensity" in line 8-9. It is unclear if it is referring to the noise intensity included in the measurement data or another noise intensity. If it is referring to the noise intensity included in the measurement data, then it is recommended to amend to recite “the estimated noise intensity included in the measurement data”. Claims 2- 3 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph for being dependent on claim 1. Claims 5-10 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph for being dependent on claim 4 . 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. Regarding claim 1, the claim recites a measurement data analysis device that analyzes measurement data of a sample obtained in an analyzer, comprising: a noise variation estimator that estimates a noise variation coefficient, the noise variation coefficient being applied to a noise included in the measurement data by a frequency filter included in the analyzer; an acquirer that acquires the measurement data to which the frequency filter has been applied in the analyzer; and a calculator that estimates, with use of the noise variation coefficient, a noise intensity included in the measurement data obtained before the frequency filter is applied, and analyzes, based on the estimated noise intensity, the measurement data. Step Analysis 1: Statutory Category? Yes . The claim recites a device; therefore, it is a machine 2A - Prong 1: Judicial Exception Recited? Yes . The claim recites the limitation of a noise variation estimator that estimates a noise variation coefficient, the noise variation coefficient being applied to a noise included in the measurement data by a frequency filter included in the analyzer . This limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind ; for example, estimat ing a noise variation coefficient can be done by a human with pen and paper , through visual inspection of data plots, identifying homogeneous regions in images or use auditory/visual perception to assess noise quality. The claim recites the limitation of a calculator that estimates, with use of the noise variation coefficient, a noise intensity included in the measurement data obtained before the frequency filter is applied, and analyzes, based on the estimated noise intensity, the measurement data . This limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind ; for example, estimat ing a noise intensity and analyzing measurement data can be done by a human with pen and paper . 2A - Prong 2: Integrated into a Practical Application? No . the following additional elements merely recites the words “apply it” (or an equivalent) with the abstract idea, or merely includes instructions to implement the abstract idea on a computer, or merely uses a computer as a tool to perform the abstract idea: a noise variation estimator, an acquirer, a calculator These additional elements have been recognized by the courts as being well-understood, routine, conventional activity: Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE , Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) The claim as a whole merely describes how to generally “apply” the concept of estimating a noise intensity in a computer environment. The claimed computer components are recited at a high level of generality and are merely invoked as tools to estimate a noise intensity . Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. 2B: Claim provides an Inventive Concept? No . the following additional elements merely adds insignificant extra-solution activity to the abstract idea because they amount to necessary data gathering and outputting : an acquirer that acquires the measurement data to which the frequency filter has been applied in the analyzer As noted previously, the claim as a whole merely describes how to generally “apply” the concept of estimating a noise intensity 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 . Claim 2 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim 2 depends on claim 1, therefore, it has the abstract idea and also has the routine and conventional structure above said claims. In addition, claim 2 is further recites the element(s) “ … , wherein the calculator includes a modeler that retrieves a model function stored in a storage device, models the measurement data using the model function and provides the measurement data obtained in the analyzer to the model function to estimate a parameter of the model function, and the modeler, based on the estimated noise variation coefficient, sets a parameter that adjusts influence of a likelihood. ”, which is simply more calculations/mental-steps, value numbers, extra solution activities routine and/or conventional structure(s) previously known to the pertinent industry. Furthermore, Claim 2 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because this limitation(s) is simply routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry. Claim 3 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim 3 depends on claim 2, which depends on claim 1, therefore, it has the abstract idea and also has the routine and conventional structure above said claims. In addition, claim 3 is further recites the element(s) “… the noise variation estimator estimates the noise variation coefficient by applying a filter, which is simulated based on a set value of the frequency filter set in the analyzer, to a noise generated by a normal random number. ”, which are/is simply more calculations/mental-steps, value numbers, extra solution activities routine and/or conventional structure(s) previously known to the pertinent industry. Furthermore, Claim 3 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry. Regarding claim 4, the claim recites a measurement data analysis device that analyzes measurement data of a sample having arrays of two or more dimensions obtained in an analyzer, comprising: a noise intensity estimator that estimates a relative noise intensity, which is an intensity indicating non-uniformity of a noise caused by device characteristics of the analyzer, for each one-dimensional element of the measurement data; an acquirer that acquires the measurement data from the analyzer; and a calculator that corrects, with use of the relative noise intensity, a noise intensity included in the measurement data, and analyzes, based on the corrected noise intensity, the measurement data. Step Analysis 1: Statutory Category? Yes . The claim recites a device; therefore, it is a machine 2A - Prong 1: Judicial Exception Recited? Yes . The claim recites the limitation of a noise intensity estimator that estimates a relative noise intensity, which is an intensity indicating non-uniformity of a noise caused by device characteristics of the analyzer, for each one-dimensional element of the measurement data . This limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind ; for example, estimat ing a noise variation coefficient can be done by a human with pen and paper . The claim recites the limitation of a calculator that corrects, with use of the relative noise intensity, a noise intensity included in the measurement data, and analyzes, based on the corrected noise intensity, the measurement data. This limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind ; for example, correcting a noise intensity (through the use of models) and analyzing measurement data can be done by a human with pen and paper . 2A - Prong 2: Integrated into a Practical Application? No . the following additional elements merely recites the words “apply it” (or an equivalent) with the abstract idea, or merely includes instructions to implement the abstract idea on a computer, or merely uses a computer as a tool to perform the abstract idea: a noise intensity estimator, an acquirer, a calculator ; an analyzer These additional elements have been recognized by the courts as being well-understood, routine, conventional activity: Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE , Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) The claim as a whole merely describes how to generally “apply” the concept of correcting a noise intensity in a computer environment. The claimed computer components are recited at a high level of generality and are merely invoked as tools to correct a noise intensity . Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. 2B: Claim provides an Inventive Concept? No . the following additional elements merely adds insignificant extra-solution activity to the abstract idea because they amount to necessary data gathering and outputting : an acquirer that acquires the measurement data from the analyzer As noted previously, the claim as a whole merely describes how to generally “apply” the concept of correcting a noise intensity 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 . Claim 5 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim 5 depends on claim 4, therefore, it has the abstract idea and also has the routine and conventional structure above said claims. In addition, claim 5 is further recites the element(s) “… wherein the measurement data has two-dimensional arrays in a retention time direction and a wavelength direction. ”, which are/is simply more calculations/mental-steps, value numbers, extra solution activities routine and/or conventional structure(s) previously known to the pertinent industry. Furthermore, Claim 5 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry. Claim 6 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim 6 depends on claim 5, which depends on claim 4 , therefore, it has the abstract idea and also has the routine and conventional structure above said claims. In addition, claim 6 is further recites the element(s) “ … wherein the noise intensity estimator calculates a statistic in regard to the retention time direction of the measurement data, and estimates, based on the statistic, the relative noise intensity for each wavelength. ”, which are/is simply more calculations/mental-steps, value numbers, extra solution activities routine and/or conventional structure(s) previously known to the pertinent industry. Furthermore, Claim 6 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry. Claim 7 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim 7 depends on claim 6, which depends on claim 5, which depends on claim 4 , therefore, it has the abstract idea and also has the routine and conventional structure above said claims. In addition, claim 7 is further recites the element(s) “… wherein the noise intensity estimator estimates the relative noise intensity for each wavelength by performing a high-order derivative in regard to the retention time direction of the measurement data. ”, which are/is simply more calculations/mental-steps, value numbers, extra solution activities routine and/or conventional structure(s) previously known to the pertinent industry. Furthermore, Claim 7 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry. Claim 8 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim 8 depends on claim 4, therefore, it has the abstract idea and also has the routine and conventional structure above said claims. In addition, claim 8 is further recites the element(s) “… wherein the noise intensity estimator estimates the relative noise intensity also in regard a region not subject to an analysis by the calculator in the measurement data. ”, which are/is simply more calculations/mental-steps, value numbers, extra solution activities routine and/or conventional structure(s) previously known to the pertinent industry. Furthermore, Claim 8 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry. Claim 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim 9 depends on claim 4, therefore, it has the abstract idea and also has the routine and conventional structure above said claims. In addition, claim 9 is further recites the element(s) “… the calculator corrects the noise intensity with respect to the matrix-decomposed measurement data. ”, which are/is simply more calculations/mental-steps, value numbers, extra solution activities routine and/or conventional structure(s) previously known to the pertinent industry. Furthermore, Claim 9 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry. Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim 10 depends on claim 9 , which depends on claim 4, therefore, it has the abstract idea and also has the routine and conventional structure above said claims. In addition, claim 10 is further recites the element(s) “ … wherein the calculator matrix-decomposes the measurement data using singular value decomposition. ”, which are/is simply more calculations/mental-steps, value numbers, extra solution activities routine and/or conventional structure(s) previously known to the pertinent industry. Furthermore, Claim 10 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry. Regarding claim 11, the claim recites a measurement data analysis method of analyzing measurement data of a sample obtained in an analyzer, including: estimating a noise variation coefficient, the noise variation coefficient being applied to a noise included in the measurement data by a frequency filter included in the analyzer; acquiring the measurement data to which the frequency filter has been applied in the analyzer; and estimating, with use of the noise variation coefficient, a noise intensity included in the measurement data obtained before the frequency filter is applied, and analyzes, based on the estimated noise intensity, the measurement data. Step Analysis 1: Statutory Category? Yes . The claim recites a method; therefore, it is a process 2A - Prong 1: Judicial Exception Recited? Yes . The claim recites the limitation of estimating a noise variation coefficient, the noise variation coefficient being applied to a noise included in the measurement data by a frequency filter included in the analyzer. This limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind ; for example, estimat ing a noise variation coefficient can be done by a human with pen and paper . The claim recites the limitation of estimating, with use of the noise variation coefficient, a noise intensity included in the measurement data obtained before the frequency filter is applied, and analyzes, based on the estimated noise intensity, the measurement data. This limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind ; for example, estimat ing a noise intensity and analyzing measurement data can be done by a human with pen and paper . 2A - Prong 2: Integrated into a Practical Application? No . the following additional elements merely recites the words “apply it” (or an equivalent) with the abstract idea, or merely includes instructions to implement the abstract idea on a computer, or merely uses a computer as a tool to perform the abstract idea: an analyzer; frequency filter These additional elements have been recognized by the courts as being well-understood, routine, conventional activity: Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE , Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) The claim as a whole merely describes how to generally “apply” the concept of estimating a noise intensity in a computer environment. The claimed computer components are recited at a high level of generality and are merely invoked as tools to estimate a noise intensity . Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. 2B: Claim provides an Inventive Concept? No . the following additional elements merely adds insignificant extra-solution activity to the abstract idea because they amount to necessary data gathering and outputting : acquiring the measurement data to which the frequency filter has been applied in the analyzer As noted previously, the claim as a whole merely describes how to generally “apply” the concept of estimating a noise intensity 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 . Regarding claim 12, the claim recites measurement data analysis method of analyzing measurement data of a sample having arrays of two or more dimensions obtained in an analyzer, comprising: estimating a relative noise intensity, which is an intensity indicating non-uniformity of a noise caused by device characteristics of the analyzer, for each one-dimensional element of the measurement data; acquiring the measurement data from the analyzer; and estimating, with use of the relative noise intensity, a noise intensity included in the measurement data, and analyzes, based on the estimated noise intensity, the measurement data. Step Analysis 1: Statutory Category? Yes . The claim recites a method; therefore, it is a process 2A - Prong 1: Judicial Exception Recited? Yes . The claim recites the limitation of estimating a relative noise intensity, which is an intensity indicating non-uniformity of a noise caused by device characteristics of the analyzer, for each one-dimensional element of the measurement data . This limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind ; for example, estimat ing a noise variation intensity can be done by a human with pen and paper . The claim recites the limitation of estimating, with use of the relative noise intensity, a noise intensity included in the measurement data, and analyzes, based on the estimated noise intensity, the measurement data. This limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind ; for example, estimat ing a noise intensity and analyzing measurement data can be done by a human with pen and paper . 2A - Prong 2: Integrated into a Practical Application? No . the following additional elements merely recites the words “apply it” (or an equivalent) with the abstract idea, or merely includes instructions to implement the abstract idea on a computer, or merely uses a computer as a tool to perform the abstract idea: an analyzer; frequency filter These additional elements have been recognized by the courts as being well-understood, routine, conventional activity: Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE , Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) The claim as a whole merely describes how to generally “apply” the concept of estimating a noise intensity in a computer environment. The claimed computer components are recited at a high level of generality and are merely invoked as tools to estimate a noise intensity . Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. 2B: Claim provides an Inventive Concept? No . the following additional elements merely adds insignificant extra-solution activity to the abstract idea because they amount to necessary data gathering and outputting : acquiring the measurement data from the analyzer As noted previously, the claim as a whole merely describes how to generally “apply” the concept of estimating a noise intensity 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 . Regarding claim 13, the claim recites a non-transitory computer readable medium storing a program for analyzing measurement data of a sample obtained in an analyzer, the program causing a computer to execute the processes of: estimating a noise variation coefficient, the noise variation coefficient being applied to a noise included in the measurement data by a frequency filter included in the analyzer; acquiring the measurement data to which the frequency filter has been applied in the analyzer; and estimating, with use of the noise variation coefficient, a noise intensity included in the measurement data obtained before the frequency filter is applied, and analyzing, based on the estimated noise intensity, the measurement data. Step Analysis 1: Statutory Category? Yes . The claim recites a program; therefore, it is a process 2A - Prong 1: Judicial Exception Recited? Yes . The claim recites the limitation of estimating a noise variation coefficient, the noise variation coefficient being applied to a noise included in the measurement data by a frequency filter included in the analyzer. This limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind ; for example, estimat ing a noise variation coefficient can be done by a human with pen and paper . The claim recites the limitation of estimating, with use of the noise variation coefficient, a noise intensity included in the measurement data obtained before the frequency filter is applied, and analyzes, based on the estimated noise intensity, the measurement data. This limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind ; for example, estimat ing a noise intensity and analyzing measurement data can be done by a human with pen and paper . 2A - Prong 2: Integrated into a Practical Application? No . the following additional elements merely recites the words “apply it” (or an equivalent) with the abstract idea, or merely includes instructions to implement the abstract idea on a computer, or merely uses a computer as a tool to perform the abstract idea: a non-transitory computer readable medium storing a program ; an analyzer; frequency filter These additional elements have been recognized by the courts as being well-understood, routine, conventional activity: Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE , Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) The claim as a whole merely describes how to generally “apply” the concept of estimating a noise intensity in a computer environment. The claimed computer components are recited at a high level of generality and are merely invoked as tools to estimate a noise intensity . Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. 2B: Claim provides an Inventive Concept? No . the following additional elements merely adds insignificant extra-solution activity to the abstract idea because they amount to necessary data gathering and outputting : acquiring the measurement data to which the frequency filter has been applied in the analyzer As noted previously, the claim as a whole merely describes how to generally “apply” the concept of estimating a noise intensity 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 . Regarding claim 14, the claim recites a non-transitory computer readable medium storing a program for analyzing measurement data of a sample obtained in an analyzer, the program causing a computer to execute the processes of: estimating a relative noise intensity, which is an intensity indicating non-uniformity of a noise caused by device characteristics of the analyzer, for each one-dimensional element of the measurement data; acquiring the measurement data from the analyzer; and estimating, with use of the relative noise intensity, a noise intensity included in the measurement data, and analyzes, based on the estimated noise intensity, the measurement data. Step Analysis 1: Statutory Category? Yes . The claim recites a program; therefore, it is a process 2A - Prong 1: Judicial Exception Recited? Yes . The claim recites the limitation of estimating a relative noise intensity, which is an intensity indicating non-uniformity of a noise caused by device characteristics of the analyzer, for each one-dimensional element of the measurement data . This limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind ; for example, estimat ing a noise variation intensity can be done by a human with pen and paper . The claim recites the limitation of estimating, with use of the relative noise intensity, a noise intensity included in the measurement data, and analyzes, based on the estimated noise intensity, the measurement data. This limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind ; for example, estimat ing a noise intensity and analyzing measurement data can be done by a human with pen and paper . 2A - Prong 2: Integrated into a Practical Application? No . the following additional elements merely recites the words “apply it” (or an equivalent) with the abstract idea, or merely includes instructions to implement the abstract idea on a computer, or merely uses a computer as a tool to perform the abstract idea: A non-transitory computer readable medium storing a program ; an analyzer; frequency filter These additional elements have been recognized by the courts as being well-understood, routine, conventional activity: Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE , Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) The claim as a whole merely describes how to generally “apply” the concept of estimating a noise intensity in a computer environment. The claimed computer components are recited at a high level of generality and are merely invoked as tools to estimate a noise intensity . Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. 2B: Claim provides an Inventive Concept? No . the following additional elements merely adds insignificant extra-solution activity to the abstract idea because they amount to necessary data gathering and outputting : acquiring the measurement data from the analyzer As noted previously, the claim as a whole merely describes how to generally “apply” the concept of estimating a noise intensity 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 . Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. US 20070105238 A1 ; Mandl; Roland et al. is a method for processing values from a measurement. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CARL F.R. TCHATCHOUANG whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-3991 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday 8:00am -5:00am . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Huy Phan can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-7924 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CARL F.R. TCHATCHOUANG/ Examiner, Art Unit 2858 /HUY Q PHAN/ Supervisory Patent Examiner, Art Unit 2858
Read full office action

Prosecution Timeline

Dec 26, 2023
Application Filed
Mar 23, 2026
Non-Final Rejection — §101, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601629
MODULAR MONITOR
2y 5m to grant Granted Apr 14, 2026
Patent 12601787
ESTIMATION OF BATTERY EQUIVALENT CIRCUIT MODEL PARAMETERS BY DECOMPOSITION OF SENSE CURRENT AND TERMINAL VOLTAGE INTO SUBBANDS
2y 5m to grant Granted Apr 14, 2026
Patent 12578308
Method and Apparatus for Detecting an Initial Lubrication of a Moving Component
2y 5m to grant Granted Mar 17, 2026
Patent 12560508
INFORMATION PROCESSING APPARATUS AND INFORMATION PROCESSING METHOD
2y 5m to grant Granted Feb 24, 2026
Patent 12540850
PREDICTIVE CALIBRATION SCHEDULING APPARATUS AND METHOD
2y 5m to grant Granted Feb 03, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
95%
With Interview (+10.0%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 164 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month