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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 4/25/25 and 4/15/24 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 26 is objected to because of the following informalities: On line 1, it appears that the word “computing” is missing before the word “system”. Appropriate correction is required.
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 1-26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) a computer-implemented method and a computing system for obtaining deep packet inspection (DPI) data flow records, network congestion data, and network usage cost factors, comparing the DPI data flow records to the network usage cost factor(s), and applying the network usage cost factor(s) to determine a congestion-based cost of usage of the network, which amounts to a mental process that could be performed in the human mind. This judicial exception is not integrated into a practical application because the additionally recited generic computer elements (e.g. one or more processors, one or more memories) do not add a meaningful limitation to the abstract idea as they amount to simply implementing the abstract idea on a computer. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Please see MPEP 2106.04(a)(2) III, C.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References considered relevant to this application are listed in the attached “Notice of References Cited” (PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J. MOORE, JR., whose telephone number is (571)272-3168. The examiner can normally be reached M-F (9am-4pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan A. Phillips can be reached at (571)272-3940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL J MOORE JR/Primary Examiner, Art Unit 2467
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