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 .
Remarks
Claims 1-20 are pending.
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.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites “A method of ranking recommendations, the method comprising: receiving a recommendation to improve asset utilization of at least one asset; detecting, via one or more user interfaces, user interaction with one or more other recommendations related to the recommendation, the user interaction indicating user interest in the one or more other recommendations related to the recommendation; calculating a score for the recommendation based on the user interest in the one or more other recommendations related to the recommendation; and performing an action that affects a utilization of the at least one asset based on at least one of the score or the recommendation, the action causing a change in operation of the at least one asset or affecting a condition within a space affected by operating the at least one asset.”
The limitations of “A method of ranking recommendations, the method comprising: an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2).
This judicial exception is not integrated into a practical application. In particular, the claim recites an additional element – using “one or more user interfaces” to perform the claimed steps. The “one or more user interfaces” in these steps is recited at a high-level of generality (i.e., as “one or more user interfaces” performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component. The claim also recites the additional elements of “receiving a recommendation to improve asset utilization of at least one asset; detecting, via
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using “one or more user interfaces” to perform the claimed steps amounts to no more than mere instructions to apply the exception using a generic computer component. The claim also recites the additional elements of “receiving a recommendation to improve asset utilization of at least one asset; detecting, via
Claim 2 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, further comprising calculating a numerical asset utilization improvement potential based on a current asset utilization for the at least one asset relative to a utilization limit for the at least one asset, wherein calculating the score is further based on the numerical asset utilization improvement potential”. 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. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 3 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 2, wherein at least one of the current asset utilization or the asset utilization improvement potential is further based on context data describing at least one of preferences of individuals associated with the at least one asset, organizational groupings of individuals associated with the at least one asset, or interactions between individuals associated with the at least one asset”. 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. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 4 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 2, further comprising monitoring electronic communications between individuals associated with the at least one asset, wherein at least one of the current asset utilization or the asset utilization improvement potential is further based on the monitored electronic communications”. 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. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 5 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 4, wherein monitoring electronic communications between individuals associated with the at least one asset comprises monitoring the relative frequency of electronic communications between each of a plurality of pairs of individuals”. 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. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 6 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, wherein further comprising a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim also recites the additional elements of “displaying the recommendation to a user based on the score” that are the insignificant extra-solution activity of data gathering and/or output, and can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim (see MPEP 2106.05(g)). These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 7 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 6, wherein displaying the recommendation includes emphasizing the recommendation over other recommendations based on the score for the recommendation and other scores associated with each of the other recommendations”. 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. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 8 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 7, wherein emphasizing the recommendation includes displaying the recommendation higher in a list of recommendations.”. 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. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, further comprising measuring a number of user interactions with the other recommendations and comparing the number of user interactions with a threshold”. 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. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, wherein the score is further based on context data describing at least one of preferences of individuals associated with the at least one asset, organizational groupings of individuals associated with the at least one asset, or interactions between individuals associated with the at least one asset”. 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. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 11 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, further comprising monitoring electronic communications between individuals associated with the at least one asset, wherein the score is further based on the monitored electronic communications”. 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. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 12 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 11, wherein monitoring electronic communications between individuals associated with the at least one asset comprises monitoring the relative frequency of electronic communications between each of a plurality of pairs of individuals”. 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. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 13 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites “A system for ranking recommendations, the system comprising one or more processors and one or more memories having instructions stored thereon that, when executed by the one or more processors, cause the one or more processors to: receive a recommendation to improve asset utilization of at least one asset; calculate a numerical asset utilization improvement potential based on a current asset utilization for the at least one asset relative to a utilization limit for the at least one asset; calculate a score for the recommendation based on the numerical asset utilization improvement potential; and perform an action that affects a utilization of the at least one asset based on at least one of the score or the recommendation, the action causing a change in operation of the at least one asset or affecting a condition within a space affected by operating the at least one asset”.
The limitations of “causing a change in operation of the at least one asset or affecting a condition within a space affected by operating the at least one asset”, as drafted, are processes that, under their broadest reasonable interpretation, cover performance of the limitations in the mind but for the recitation of generic computer components. That is, other than reciting “a system” and “one or more processors and one or more memories”, nothing in the claim precludes the 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. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2).
This judicial exception is not integrated into a practical application. In particular, the claim recites an additional element – using “a system” and “one or more processors and one or more memories” to perform the claimed steps. The “system” and “one or more processors and one or more memories” in these steps is recited at a high-level of generality (i.e., as “a system” and “one or more processors and one or more memories” performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component. The claim also recites the additional elements of “receive a recommendation to improve asset utilization of at least one asset;” that are the insignificant extra-solution activity of data gathering and/or output, and can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim (see MPEP 2106.05(g)). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d).
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using “a system” and “one or more processors and one or more memories” to perform the claimed steps amounts to no more than mere instructions to apply the exception using a generic computer component. The claim also recites the additional elements of “receive a recommendation to improve asset utilization of at least one asset;” that are the insignificant extra-solution activity of data gathering and/or output, and can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim (see MPEP 2106.05(g)). These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “also recites the additional elements of “receive an indication of detected user interaction, via one or more user interfaces, with one or more other recommendations related to the recommendation, the user interaction indicating user interest in the one or more other recommendations related to the recommendation” that are the insignificant extra-solution activity of data gathering and/or output, and can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim (see MPEP 2106.05(g)). These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The system of claim 15, wherein the organizational groupings of individuals include a grouping of individuals working on the same project”. 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. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 17 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The system of claim 13, wherein the score is further based on a frequency of use of the at least one asset by each of a plurality of individuals”. 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. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 18 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites “One or more non-transitory computer-readable storage media having instructions stored thereon that, when executed by one or more processors, cause the one or more processors to: receive a recommendation to improve asset utilization of at least one asset; receive an indication of detected user interaction, via one or more user interfaces, with one or more other recommendations related to the recommendation, the user interaction indicating user interest in the one or more other recommendations related to the recommendation; calculate a score for the recommendation based on the user interest in the one or more other recommendations related to the recommendation; and perform an action that affects a utilization of the at least one asset based on at least one of the score or the recommendation, the action causing a change in operation of the at least one asset or affecting a condition within a space affected by operating the at least one asset”.
The limitations of “
This judicial exception is not integrated into a practical application. In particular, the claim recites an additional element – using “one or more non-transitory computer-readable storage media”, “one or more processors” and “one or more user interfaces” to perform the claimed steps. The “one or more non-transitory computer-readable storage media”, “one or more processors” and “one or more user interfaces” in these steps is recited at a high-level of generality (i.e., as “one or more non-transitory computer-readable storage media”, “one or more processors” and “one or more user interfaces” performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component. The claim also recites the additional elements of “receive a recommendation to improve asset utilization of at least one asset; receive an indication of detected user interaction, via
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using “one or more non-transitory computer-readable storage media”, “one or more processors” and “one or more user interfaces” to perform the claimed steps amounts to no more than mere instructions to apply the exception using a generic computer component. The claim also recites the additional elements of “receive a recommendation to improve asset utilization of at least one asset; receive an indication of detected user interaction, via recommendations related to the recommendation, the user interaction indicating user interest in the one or more other recommendations related to the recommendation” that are the insignificant extra-solution activity of data gathering and/or output, and can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim (see MPEP 2106.05(g)). These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 19 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Response to Arguments
Applicant's arguments with respect to the 35 USC 101 rejections have been fully considered but they are not persuasive.
Applicant argues that the claims are eligible under Step 2A, Prong One, because "the human mind is not capable of mentally performing an action that causes a change in operation of the at least one asset or affecting a condition within a space affected by operating the at least one asset " but rather “such actions require interaction with the asset and/or the space to affect the operation of the asset or the condition within the space as claimed” (applicant arguments, pages 8-9). However, even assuming this argument is correct, the specification defines an asset as follows: “assets (e.g., monetary assets, fungible goods, equipment, etc.)” (see specification @ paragraph [0098]). Since an asset has an open-ended definition (i.e. ending with “etc.”), the newly added limitation of “the action causing a change in operation of the at least one asset or affecting a condition within a space affected by operating the at least one asset” (emphasis added to showing that only one part of this claim need to be taught) could be an action that makes changes to, for example, a software element which changes how this element operates by changing a setting or configuration. This broad interpretation, supported by the applicants’ broad definition of asset, would be an abstract idea which could be performed in the human mind or in the human mind with the aid of a pen and paper. Therefore, this argument is not convincing.
Applicant further argues that the claims are eligible under Step 2A, Prong Two, because “[a]s explained in the specification, in systems such as building management systems, more recommendations for improving asset utilization may be generated than can be efficiently managed or acted upon in real time, making effective prioritization difficult” and that the “claimed invention addresses these problems by prioritizing recommendations based on user interaction with similar recommendations detected via a user interface or by calculating a quantitative asset utilization improvement potential based on a current utilization relative to a utilization limit for the asset” (see applicant arguments, pages 9-10). Here the applicant appears to be arguing that there is integration into a practical application based on improvements to the function of a computer under MPEP 2106.05(a), which requires that the specification includes a technical explanation of an asserted improvement and that the claim reflects the particular way of achieving that improvement. However, the improvement identified in the specification is improving asset utilization by efficiently managing or acted on in real time that makes prioritization difficult, but this improvement is not reflected in the claims since there is no indication of any real-time actions. In addition, for eligibility under Step 2A, Prong Two, the applicant must show how any additional elements beyond the judicial exception in the claim, evaluated individually and in combination, integrate the judicial exception into a practical application. In their arguments the applicant states that “the claims integrate any alleged judicial exception into a practical application by claiming an improvement to the technical field of asset utilization” (see applicant arguments, page 11), but this is not the proper analysis under Step 2A, Prong Two. The applicant makes no mention of any additional elements nor how they integrate the judicial exception into a practical application as required. For these reasons these arguments are not convincing.
Applicant further argues that the claims are eligible under Step 2B because “the newly added limitation of ‘the action causing a change in operation of the at least one asset or affecting a condition within a space affected by operating the at least one asset’ amounts to significantly more than the alleged abstract idea and requires interaction with the asset and/or the space” (applicant arguments, page 11-12). However, in order to show eligibility under Step 2B, the applicant must re-evaluate any additional element or combination of elements that was considered to be insignificant extra-solution activity, and if this re-evaluation finds that the element is unconventional or otherwise more than well-understood, routine conventional activity (WURC), this finding may indicate that the additional element is significantly more than the abstract idea. See MPEP 2106.05. Since applicant makes no mention of any additional elements nor any analysis related to WURC, these arguments are not convincing.
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 JAY A MORRISON whose telephone number is (571)272-7112. The examiner can normally be reached on Monday - Friday, 8:00 am - 4:00 pm ET.
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/Jay A Morrison/
Primary Examiner, Art Unit 2151