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 . Claims 1-26 filed on 2/6/2024 have been reviewed and considered by this office action.
Drawings
The drawings filed on 3/18/2024 have been reviewed and are considered acceptable.
Specification
The specification filed on 2/6/2024 has been reviewed and is considered acceptable.
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 towards an abstract idea without significantly more. Claim 1 recites, “assessing a state of the beehive based on the processed beehive data;”, which analyzed under Step 2A Prong One, recites general assessment of processed data which can reasonably done using the human mind and thus, falls within the, “Mental Processes” grouping of abstract ideas.
This judicial exception is not integrated into a practical application. Claim 1 further recites, “generating one or more recommendations by a recommendations engine of the beehive management system to improve the state of the beehive.”, which analyzed under Step 2A Prong Two, simply generates a recommendation which merely applies the use of the judicial exception (see MPEP 2106.05(f)). Additionally, claim 1 recites, “receiving data related to a beehive, through a network, from one or more sources;” and “processing the beehive data;”, which analyzed under Step 2A Prong Two, adds insignificant extra solution activity in the form of mere data gathering (see MPEP 2106.05(g)). Claim 1 also recites, “a. a server, the server comprising a server beehive tracking application, a controller, operating memory, and a communications interface;”, “a data store connected to the server;”, and “wherein the controller is configured to execute stored program instructions,”, which analyzed under Step 2A Prong Two, describes physical characteristics of how the system is connected which just generally links the use of the judicial exception to a particular field of use or problem solving area (see MPEP 2106.05(h)). Finally, the limitations of, “a server”, “a controller”, “operating memory”, “communications interface”, and “data store”, as generally recited merely represent generic computer components for implementing the abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because as analyzed under Step 2B, the additional elements merely amount to gathering beehive data and sending the data over a network. Analyzed under Berkheimer, the act of gathering and sending data over a network has been deemed as well-understood, routine, and conventional by the courts (see MPEP 2106.05(d)(II), “sending/receiving data over a network”).
Independent claims 13 and 26 are substantially similar to claim 1 and are thus rejected using the same rationale provided above.
Review of the dependent claims did not reveal any further limitations that would represent more than the abstract idea itself. For instance, claims 8 and 21, describe limitations of providing push notifications to a user providing the generated recommendation, which analyzed under Step 2A Prong Two, just simply displays a result to a user which is considered to just merely apply the use of the judicial exception (see MPEP 2106.05(f)).
Further, claims 2-7, 9-12, 14-20, and 22-25, each include limitations that just provide types of data analyzed, sources where data is gathered, various aspects of data capture (i.e. real time), discussion of a user device and structure, use of machine learning, authentication of certain data aspects, etc., which analyzed under Step 2A Prong Two, provide a plurality of features that just simply link the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Symes et al. (US PGPUB 20200334443).
Regarding Claims 1, 13 and 26; Symes teaches; A beehive management system, comprising: (Symes; at least paragraph [0004]; disclose a beehive management system and method for monitoring a plurality of beehives)
a. a server, the server comprising a server beehive tracking application, a controller, operating memory, and a communications interface; (Symes; at least Fig. 1; paragraphs [0049]-[0051]; disclose a system comprising a computing device, memory, and communication interface connected with a server containing a remote analysis device that contains an apiary data analysis engine (i.e. beehive tracking application) for monitoring and analyzing a plurality of beehives)
b. a data store connected to the server; and (Symes; at least Fig. 4; paragraphs [0051]-[0052]; disclose data storage areas connected to the server)
c. wherein the controller is configured to execute stored program instructions, comprising: i. receiving data related to a beehive, through a network, from one or more sources; (Symes; at least Figs. 1-4; paragraphs [0004]-[0005] and [0050]-[0052]; disclose wherein the computing device receives and stores various data collected by sensors regarding beehive data via one or more sources)
ii. processing the beehive data; (Symes; at least paragraph [0051]; disclose processing the beehive data)
iii. assessing a state of the beehive based on the processed beehive data; and (Symes; at least paragraphs [0051] and [0090]; disclose assessing and providing a state of the processed beehive data)
iv. generating one or more recommendations by a recommendations engine of the beehive management system to improve the state of the beehive. (Symes; at least paragraphs [0009], [0051], and [0079]; disclose generating and sending recommendations to a user (i.e. moving a beehive) in order to improve a state of the beehive).
Regarding Claims 2 and 16; Symes teaches; The system of claim 1, further comprising a user access device, connectable to the server through the network, the user access device including a display, a user input configured to receive input from a user, and a communications interface. (Symes; at least Figs. 3 and 6-8; paragraphs [0054]-[0055]).
Regarding Claims 3 and 17; The system of claim 2, further comprising a user interface device beehive tracking application. (Symes; at least Figs. 6-8; paragraph [0051]).
Regarding Claims 4 and 15; Symes teaches; The system of claim 1, wherein the beehive is part of an apiary. (Symes; at least paragraph [0005]).
Regarding Claims 5 and 18; Symes teaches; The system of claim 1, wherein the related beehive data comprises data related to any one or more of environment, terrain, region, atmospheric, weather, meteorological, plant availability, native pollinators, hive inspection, observation, number of hives, hive/queen details, flora/bloom, insect occurrences, beekeeper experience level, honey production, past and/or current beehive management practices, results of actions based on one or more of the generated recommendations, and/or historical data of any one or more of the foregoing. (Symes; at least paragraph [0004]).
Regarding Claims 6 and 19; Symes teaches; The system of claim 1, wherein the one or more sources comprise any one or more of National Weather Service (NWS), National Oceanic and Atmospheric Administration (NOAA), National Aeronautics and Space Administration (NASA), the data store, direct input, data accessible through the network, other beekeepers, internal and/or external sensors, and/or any third-party entities that process or provide information from or based on any of the foregoing. (Symes; at least paragraphs [0004]-[0006]).
Regarding Claims 7 and 20; Symes teaches; The system of claim 1, wherein the recommendations engine comprises a machine learning component in generating the one or more recommendations. (Symes; at least paragraphs [0007], [0012], and [0077]).
Regarding Claims 8 and 21; Symes teaches; The system of claim 2, wherein the controller is configured to execute stored program instructions further comprising sending one or more push notifications to the user access device of the user. (Symes; at least paragraphs [0089]-[0090]).
Regarding Claims 9 and 22; Symes teaches; The system of claim 8, wherein the one or more push notifications comprise the generated one or more recommendations. (Symes; at least paragraph [0090]).
Regarding Claims 10 and 23; Symes teaches; The system of claim 2, wherein the beehive data is processed and assessed in real time. (Symes; at least paragraph [0095]).
Regarding Claims 11 and 24; Symes teaches; The system of claim 2, wherein the recommendations engine relies on real time beehive data input and/or stored beehive data input in generating the one or more recommendations. (Symes; at least paragraphs [0004]-[0009] and [0095]).
Regarding Claim 12 and 25; Symes teaches; The system of claim 2, wherein the beehive data is used for any one or more of authenticating honey origin, local impact of pollination ecosystem, biodiversity monitoring, and/or access to financial services. (Symes; at least Table 1).
Regarding Claim 14; Symes teaches; The method of claim 13, wherein assessing the state of the beehive comprises providing a health assessment of the beehive. (Symes; at least paragraph [0007]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zmyslony et al. (US PGPUB 20210307301): disclose a beehive health and activity monitoring system and method which employs a sensor bar that slides into a honeybee frame and can provide real-time measurements to a mobile user device so they can track the health of a beehive.
Davidi et al. (US Patent 11,612,145): disclose a beehive tracking system and method which trains a machine learning model based on received data from a beehive in order to track a beehives pollination efficiency.
Roberge et al. (US PGPUB 20240016127): disclose a system and method for providing data labels on respective beehives which can then be fed into a machine learning algorithm to track the state and health of a beehive.
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/CHRISTOPHER W CARTER/Examiner, Art Unit 2117