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 1-6, 9-17, 20, and 22-24 have been reviewed and are under consideration by this office action.
Notice to Applicant
The following is a Final Office action. Applicant amended claims, previously cancelled claim 7-8, and 21. Claims 1-6, 9-17, 20, and 22-24 are pending in this application and have been rejected below.
Response to Amendment
Applicant’s amendments are received and acknowledged.
The 103 Rejections were withdrawn in the Non-Final Office action dated 05/08/2026.
Response to Arguments - 35 USC § 101
Applicant’s arguments with respect to the 35 USC 101 rejections have been fully considered, but they are not persuasive.
Applicant contends that the inclusion of a mathematical formula does not mean the claim is directed to that judicial exception if the claims improve the functioning of a computer and candidate statistical selection process.
Examiner finds the argument unpersuasive as the claims are directed towards mental processes, certain methods of organizing human activity, and further mathematical concepts as described below. Further the claims merely recite the additional elements of a computing device; A computing device for monitoring a fleet of aircraft, the computing device comprising: processing circuitry and memory, the memory containing instructions executable by the processing circuity whereby the computing device is configured to:; A non-transitory computer-readable medium storing a computer program product for controlling a computing device, the computer program product comprising software instructions that, when run on the computing device, cause the computing device; sending/outputting an alert to a monitoring system and alert is transmit…via a wireless communication network, all of which are performing the steps would be no more than mere instructions to apply the exception using a generic computer component. See MPEP 2106.05(f) and/or amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h).
Applicant contends that the claims recite an improvement to the technology as the claims require signaling over a wireless network, to begin determining trends and behaviors. Applicant contends that sending an alert allows for updating the maintenance of a fleet.
Examiner respectfully disagrees. The sending of an alert over a network is performing the steps would be no more than mere instructions to apply the exception using a generic computer component. See MPEP 2106.05(f) in Step 2A- Prong 2. In Step 2B, the additional element is an activity that has been recognized by the courts as well-understood, routine, and conventional activity (See MPEP 2106.05(d) i. 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). Further the Examiner notes that the alleged improvement merely improves upon the abstract idea itself and does not constitute an improvement to the technology or technological field as a whole.
Applicant further contends with respect to the candidate distribution refinement process, that the system uses Bayesian approach to estimate parameters so fewer operations data is required. Applicant further asserts that the use of conjugate priors distill the evolution of prior to posterior as an algebraic relation which reduces computational loading.
Examiner respectfully disagrees. The claims do not recite any additional elements that integrate the abstract idea into a practical application nor amount to significantly more than the judicial exception. The MPEP makes clear “an improvement in the abstract idea itself (e.g. a recited fundamental economic concept) is not an improvement in technology” and that “[m]ere automation of manual processes” is not an improvement in computer technology. See MPEP 2106.05(a). Further the Examiner points to the MPEP which states "if the specification explicitly sets forth an improvement but in a conclusory manner (i.e., a bare assertion of an improvement without the detail necessary to be apparent to a person of ordinary skill in the art), the examiner should not determine the claim improves technology." MPEP 2106.04(d)(1). Lastly the Examiner points to MPEP 2106.05(f) - Similarly, "claiming the improved speed or efficiency inherent with applying the abstract idea on a computer" does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363.
Applicant further contends with respect to the candidate distribution selection process which uses recursive approximation further reducing computational burden
Examiner respectfully disagrees. The claims do not recite any additional elements that integrate the abstract idea into a practical application nor amount to significantly more than the judicial exception. The MPEP makes clear “an improvement in the abstract idea itself (e.g. a recited fundamental economic concept) is not an improvement in technology” and that “[m]ere automation of manual processes” is not an improvement in computer technology. See MPEP 2106.05(a). Further the Examiner points to the MPEP which states "if the specification explicitly sets forth an improvement but in a conclusory manner (i.e., a bare assertion of an improvement without the detail necessary to be apparent to a person of ordinary skill in the art), the examiner should not determine the claim improves technology." MPEP 2106.04(d)(1).
The 101 Rejection is updated and maintained below.
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 1-6, 9-17, 20, and 22-24 are 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.
Step One - First, pursuant to step 1 in the January 2019 Guidance on 84 Fed. Reg. 53, the claim(s) is/are directed to statutory categories.
Step 2A, Prong One – The claims are found to recite limitations that set forth the abstract idea(s), namely in independent claims recite a series of steps for the abstract idea recited below.
Regarding Claim(s) 1;, (additional elements bolded)
A method implemented by a computing device of monitoring a fleet of aircraft, the method comprising: receiving a plurality of candidate statistical distributions for the fleet of aircraft, each of the plurality of candidate statistical distributions describes a first operations data and a second operations data characterizing one or more aspects of at least one aircraft of the fleet of aircraft;
refining the plurality of candidate statistical distributions based, at least in part, on Maximum A Posteriori (MAP) estimates, wherein the refining comprises:
generating the MAP estimates using a conjugate prior P(θ), wherein the conjugate prior is a prior probability distribution;
generating, based on the conjugate prior P(θ), a posterior probability distribution P(θ׀D);
updating the plurality of candidate statistical distributions based on a combination of the first operations data and the second operations data and the MAP estimates; and;
comparing the plurality of candidate statistical distributions based on a combination of the first and second operations data;
selecting from the plurality of candidate statistical distributions a baseline statistical distribution based on the comparing;
wherein the selecting is recursively performed
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outputting the baseline statistical distribution, wherein the baseline statistical distribution is predicted to best describe both the first operations data and the second operations data; and
sending an alert to a monitoring system to indicate the baseline statistical distribution that was discovered, wherein the alert is transmitted to the monitoring system via a wireless communication network and causes the monitoring system to monitor trends in the first and/or second operations data.
Regarding Claim(s) 12, A computing device for monitoring a fleet of aircraft, the computing device comprising: processing circuitry and memory, the memory containing instructions executable by the processing circuity whereby the computing device is configured to:
receive a plurality of candidate statistical distributions for the fleet of aircraft, each of the plurality of candidate statistical distributions describes a first operations data and a second operations data characterizing one or more aspects of at least one aircraft of the fleet of aircraft;
refine the plurality of candidate statistical distributions based, at least in part, on Maximum A Posteriori (MAP) estimates, wherein to refine the plurality of statistical distributions, the processing circuitry is configured to:
generate the MAP estimates using a conjugate prior P(θ), wherein the conjugate prior is a prior probability distribution;
generate, based on the conjugate prior P(θ), a posterior probability distribution P(θ׀D);
update the plurality of candidate statistical distributions based on a combination of the first operations data, the second operations data, and the MAP estimates; and;
compare the updated plurality of candidate statistical distributions based on a combination of the first and second operations data;
select from the updated plurality of candidate statistical distributions a baseline statistical distribution based on the comparing, wherein the baseline statistical distribution is predicted to best describe both the first operations data and the second operations data; and
wherein selecting from the updated plurality of candidate statistical distributions is recursively performed according to selecting
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and;
output an alert to a monitoring system indicating the baseline statistical distribution, wherein the alert is transmitted to the monitoring system via a wireless communication network and causes the monitoring system to monitor trends in the first and/or second operations data.
Further regarding Claim(s) 20, A non-transitory computer-readable medium storing a computer program product for controlling a computing device, the computer program product comprising software instructions that, when run on the computing device, cause the computing device to:
receive a plurality of candidate statistical distributions for a fleet of aircraft, each of the plurality of candidate statistical distributions describes a first operations data and a second operations data characterizing one or more aspects of at least aircrafts of the fleet of aircraft;
refine the plurality of candidate statistical distributions based, at least in part, on Maximum A Posteriori (MAP) estimates, wherein to refine the plurality of statistical distributions, the processing circuitry is configured to:
generate the MAP estimates using a conjugate prior P(θ), wherein the conjugate prior is a prior probability distribution;
generate, based on the conjugate prior P(θ), a posterior probability distribution P(θ׀D):
update the plurality of candidate statistical distributions based on a combination of the first operations data and the second operations data, and the MAP estimates; and
compare the updated plurality of candidate statistical distributions based on a combination of the first and second operations data;
select from the updated plurality of candidate statistical distributions a baseline statistical distribution based on the comparing;
trigger an alert to indicate the baseline statistical distribution; and
wherein the baseline statistical distribution is predicted to best describe both the first operations data and the second operations data, and
wherein selecting from the updated plurality of candidate statistical distributions is recursively performed according to
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send an alert to a monitoring system to indicate the baseline statistical distribution that was discovered, wherein the alert is transmitted to the monitoring system via a wireless communication network and causes the monitoring system to monitor trends in the first and/or second operations data.
As drafted, this is, under its broadest reasonable interpretation, within the Abstract idea groupings of “Mental processes—concepts performed in the human mind” (observation, evaluation, judgment, opinion) as the claims are directed towards receiving a plurality of candidate statistical distributions, updating the plurality of distributions, comparing the distributions, selecting a baseline distribution, and outputting a baseline distribution all of which are concepts capable of being performed in the human mind (i.e. via pen and paper).
Further the claims are directed towards the abstract idea grouping of “Certain methods of organizing human activity” — commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations) and/or managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) as the claims are directed towards expressing KPIs in functions or statistical distributions regarding management of vehicle fleets (See Specification, [02]).
As drafted, this is, under its broadest reasonable interpretation, within the Abstract idea groupings of “Mathematical concepts” – mathematical relationships, mathematical formulas or equations, mathematical calculations; as the claims recite at least updating the plurality of candidate statistical distributions based on a combination of the first operations data and the second operations data; comparing the plurality of candidate statistical distributions based on a combination of the first and second operations data; selecting from the plurality of candidate statistical distributions a baseline statistical distribution based on the comparing.
Step 2A, Prong Two - This judicial exception is not integrated into a practical application. The independent claims utilize at least the additional elements bolded above. The additional elements are performing the steps would be no more than mere instructions to apply the exception using a generic computer component. See MPEP 2106.05(f) and/or amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h).
Step 2B - 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 are just “apply it” on a computer. (See MPEP 2106.05(f) – Mere Instructions to Apply an Exception – “Thus, for example, claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible.” Alice Corp., 134 S. Ct. at 235) and/or amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h). The additional element of alert is transmitted to the monitoring system via a wireless communication network is further is an activity that has been recognized by the courts as well-understood, routine, and conventional activity (See MPEP 2106.05(d) i. 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)
Regarding Claims 2-5, 9-11, 13-16, 20, and 22-24, the claim further narrows the abstract idea or recite additional elements previously rejected in the independent claims.
Regarding Claims 6 and 17 the claims further recite the additional element(s) of real-time (implies the use of a general purpose computer). This element(s) is performing the steps would be no more than mere instructions to apply the exception using a generic computer component. See MPEP 2106.05(f) and/or amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h) in Steps 2A-Prong 2 and 2B.
Accordingly, the claim fails to recite any improvements to another technology or technical field, improvements to the functioning of the computer itself, use of a particular machine, effecting a transformation or reduction of a particular article to a different state or thing, adding unconventional steps that confine the claim to a particular useful application, and/or meaningful limitations beyond generally linking the use of an abstract idea to a particular environment. See 84 Fed. Reg. 55. Viewed individually or as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JEREMY L GUNN whose telephone number is (571)270-1728. The examiner can normally be reached Monday - Friday 6:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry O'Connor can be reached at (571) 272-6787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY L GUNN/Primary Examiner, Art Unit 3624
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