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 statement (IDS) was filed on 10/3/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Drawings
The drawings filed 10/3/2023 were accepted.
Allowable Subject Matter
Claims 10 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 1-9, 11-18, and 20 are rejected under 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because they are directed to an abstract idea without significantly more. The claims recite the abstract idea of determining a celestial body position based on provided information, generating the rings, and determining intersections.
Step 2A, Prong 1
The limitations that describe the determining a celestial body position based on provided information, generating the rings, and determining intersections are processes that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. The claims also include elements of displaying a user interface, receiving user input, receiving information, and projecting, producing, and displaying the visual representation, however nothing in the claims precludes the steps from practically being performed in the mind.
Step 2A, Prong 2
The judicial exception is not integrated into a practical application because the additional elements regarding displaying a user interface, receiving user input, receiving information, and projecting, producing, and displaying the visual representation are considered insignificant extra-solution activity. These limitations are not considered improvements to the functioning of a technology or technical field. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the extrasolutionary elements are not considered significantly more than just applying the steps of determining a celestial body position based on provided information, generating the rings, and determining intersections.
Step 2B
In addition to the abstract idea, the claims have displaying a user interface, receiving user input, receiving information, and projecting, producing, and displaying the visual representation, but they represent only well-understood, routine, conventional activity that can be performed on generic computers. The receiving of data has been recognized by the courts as being well-understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. See buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) and MPEP 2106.05(d), subsection II. Cooper et al (US 20210173880 A1; filed 12/4/2019) discloses how well-understood, routine, and conventional the use of a user interface and visualization of data is: “causing display of a presentation of the visualization at a client device”. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept. The claims are not patent eligible.
As per claim 2, this claim has similar determining, generating, projecting, and displaying and is rejected similarly to claim 1.
As per claim 3, this claim has similar retrieving and producing and is rejected similarly to claim 1.
As per claim 4, this claim has similar retrieved information and is rejected similarly to claim 2.
As per claim 5, this claim has similar retrieved information and is rejected similarly to claim 2.
As per claim 6, this claim has similar receiving and producing and is rejected similarly to claim 1. This claim recites an additional abstract idea of filtering information. The filtering of information is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. There are no other additional elements.
As per claim 7, this claim has similar receiving and producing elements and is rejected similarly to claim 1.
As per claim 8, this claim has similar receiving selection elements and is rejected similarly to claim 7.
Claim 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. This claim recites similar retrieving and producing steps and is similarly rejected to claim 1. Claim 9 also recites an additional elements of using a machine learning algorithm and extracting aspects. The extracting of aspects is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind.
(Step 2A, prong 2) The judicial exception is not integrated into a practical application because the additional elements regarding using a machine learning algorithm are considered insignificant extra-solution activity. These limitations are not considered improvements to the functioning of a technology or technical field.
(Step 2B) The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the using a machine learning algorithm are not considered significantly more than the judicial exception. The additional elements represent only well-understood, routine, conventional activity that can be performed on generic computer systems. Using a machine learning algorithm to perform a task is considered as mere instructions to apply an exception using generic computer components. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept. The claims are not patent eligible.
Claims 11-18 recite substantially similar limitations to claims 1-8 respectively and are thus rejected along the same rationales.
Claim 20 recites substantially similar limitations to claim 1 and is thus rejected along the same rationale.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4, 6, 11-14, 16, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over AstroSeek (“AstroCartography Chart Online, Free Astro Map Calculator.” Astro-Seek.com, 2020, horoscopes.astro-seek.com/astrocartography-online-astro-map-relocation. Accessed 30 May 2026. Viewed on wayback machine capture from 3/26/2020: https://web.archive.org/web/20200326183738/https://horoscopes.astro-seek.com/astrocartography-online-astro-map-relocation) in view of Cooper et al (US 20210173880 A1; filed 12/4/2019).
With regards to claim 1, AstroSeek discloses a computer-implemented method for generating a graphical user interface, comprising: (AstroSeek, Fig. 1: UI shown below)
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(AstroSeek, Fig. 1)
causing a user device to display a graphical user interface on an electronic screen of the user device,
wherein the graphical user interface comprises multiple fields for inputting a birth date, a birth time, and a birth location (AstroSeek: See figure 1 above. Fields are shown for date of birth, time, and birth city) …;
receiving, via the multiple fields, first information comprising the birth date, the birth time, and the birth location for a user using the first API (AstroSeek: See figure above. Fields are shown for date of birth, time, and birth city);
retrieving, from a remote computer system, second information comprising multiple first celestial body positions stored on the remote computer system…; determining a first celestial body position from the multiple first celestial body positions corresponding to the first information, wherein the first celestial body position comprises at least a position of a first celestial body relative to Earth at the birth date, the birth time, and the birth location (AstroSeek: See figure 2 below. Map is shown via the website to include astro cartography data using the provided date and location. Example input was Jan 1, 1970, 00:00am, Atlanta GA);
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(AstroSeek, Fig. 2)
generating a first three-dimensional trajectory ring corresponding to a rising and setting boundary of the first celestial body (AstroSeek, Figure 2: Curved lines are displayed which represent “AC” and “DC”, or ascendent and descendent lines);
generating a first three-dimensional meridian ring corresponding to the first celestial body position (AstroSeek, Figure 2: Vertical IC and MC lines are “meridian” lines);
determining two intersections between the first trajectory ring and the first meridian ring (AstroSeek, Fig. 2: intersections between curved and straight lines are shown and sometimes marked);
projecting the first trajectory ring and the first meridian ring onto a two-dimensional surface representative of a surface of the Earth (AstroSeek, Fig 2: Map); and
producing, on the graphical user interface, a visual representation comprising:
the two-dimensional surface representative of the surface of the Earth (AstroSeek, Fig 2: Map),
a first graphical symbol representative of the birth location of the user on the two-dimensional surface (AstroSeek, Fig 2: Atlanta is marked on the map),
a first vertical line on the two-dimensional surface representative of a first section of the first meridian ring (AstroSeek, Fig. 2: Each pair of MC/IC lines with the same symbol represents part of the meridian ring),
wherein the first section of the first meridian ring is determined by the two intersections,
a second vertical line on the two-dimensional surface representative of a second section of the first meridian ring, wherein the second section of the first meridian ring is determined by the two intersections (AstroSeek, Fig. 2: Each pair of MC/IC lines with the same symbol represents part of the meridian ring, and there are necessarily 2 intersections for each pairs of rings on a globe),
a second graphical symbol representative of the first celestial body position, wherein the second graphical symbol is positioned on the first vertical line (AstroSeek, Fig. 2: There are graphical symbols above each vertical line), and
a first curved line representative of the first trajectory ring on the two-dimensional surface (AstroSeek, Figure 2: Curved lines are displayed which represent “AC” and “DC”, or ascendent and descendent lines).
However, AstroSeek does not disclose using a first application programming interface (API);… using a second API
Cooper et al teaches using a first application programming interface (API);… using a second API (Cooper et al, Paragraph 30: "Turning now specifically to the messaging server system 108, an Application Program Interface (API) server 110 is coupled to, and provides a programmatic interface to, an application server 112. The application server 112 is communicatively coupled to a database server 118, which facilitates access to a database 120 in which is stored data associated with messages processed by the application server 112." Paragraph 76: “The libraries 1220 may also include a wide variety of other libraries 1248 to provide many other APIs to the applications 1216 and other software components/modules;” paragraph 77: “The frameworks/middleware 1218 may provide a broad spectrum of other APIs that may be utilized by the applications 1216 and/or other software components/modules, some of which may be specific to a particular operating system 1202 or platform”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to have combined AstroSeek and Cooper et al such that APIs are used for interfacing with the servers. This would have enabled the invention to “facilitate functionality” between the client and server devices (Cooper et al, paragraph 78: “The third-party applications 1240 may invoke the API calls 1208 provided by the mobile operating system (such as operating system 1202) to facilitate functionality described herein.”).
With regards to claim 2, which depends on claim 1, AstroSeek discloses wherein the second information further comprises multiple second celestial body positions (AstroSeek, Fig 2: lines representative of the positions of each planet are displayed), the method further comprising:
determining a second celestial body position from the multiple second celestial body positions corresponding to the first information, wherein the second celestial body position comprises at least a position of a second celestial body relative to Earth at the birth date, the birth time, and the birth location (AstroSeek: See figure 2. Map is shown via the website to include astro cartography data using the provided date and location. Example input was Jan 1, 1970, 00:00am, Atlanta GA; The map of figure 2 includes lines representative of all planets and their positions relative to earth at the birth time/date);
generating a second three-dimensional trajectory ring corresponding to a rising and setting boundary of the second celestial body (AstroSeek, Figure 2: Curved lines are displayed which represent “AC” and “DC”, or ascendent and descendent lines);
generating a second three-dimensional meridian ring corresponding to the second celestial body position (AstroSeek, Figure 2: Vertical IC and MC lines are “meridian” lines);
determining two intersections between the second trajectory ring and the second meridian ring;
projecting the second trajectory ring and the second meridian ring onto the two- dimensional surface representative of the surface of the Earth (AstroSeek, Fig. 2: intersections between curved and straight lines are shown and sometimes marked); and
producing, on the graphical user interface: a third vertical line on the two-dimensional surface representative of a first section of the second meridian ring, wherein the first section of the second meridian ring is determined by the two intersections, a fourth vertical line on the two-dimensional surface representative of a second section of the second meridian ring, wherein the second section of the second meridian ring is determined by the two intersections between the second trajectory ring and the second meridian ring (AstroSeek, Fig. 2: Each pair of MC/IC lines with the same symbol represents part of the meridian ring, and there are necessarily 2 intersections for each pairs of rings on a globe),
a third graphical symbol representative of the second celestial body position, wherein the third graphical symbol is positioned on the third vertical line (AstroSeek, Fig. 2: There are graphical symbols above each vertical line), and
a second curved line representative of the second trajectory ring on the two- dimensional surface (AstroSeek, Figure 2: Curved lines are displayed which represent “AC” and “DC”, or ascendent and descendent lines).
With regards to claim 3, which depends on claim 1, AstroSeek discloses third information comprising one or more aspects related to celestial bodies…; and producing, on the graphical user interface, third graphical symbols representative of the third information (AstroSeek, Fig. 3: symbols representing each planet and the moon are shown above or to the side of each line).
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(AstroSeek, Fig. 3 – extracted from AstroSeek NPL, p. 2)
However, AstroSeek does not disclose retrieving, from the remote computer system, third information… stored on the remote computer system using the second API.
Cooper et al teaches retrieving, from the remote computer system, third information… stored on the remote computer system using the second API (Cooper et al, Paragraph 30: "Turning now specifically to the messaging server system 108, an Application Program Interface (API) server 110 is coupled to, and provides a programmatic interface to, an application server 112. The application server 112 is communicatively coupled to a database server 118, which facilitates access to a database 120 in which is stored data associated with messages processed by the application server 112." Paragraph 76: “The libraries 1220 may also include a wide variety of other libraries 1248 to provide many other APIs to the applications 1216 and other software components/modules;” paragraph 77: “The frameworks/middleware 1218 may provide a broad spectrum of other APIs that may be utilized by the applications 1216 and/or other software components/modules, some of which may be specific to a particular operating system 1202 or platform”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to have combined AstroSeek and Cooper et al such that APIs are used for interfacing with the servers. This would have enabled the invention to “facilitate functionality” between the client and server devices (Cooper et al, paragraph 78: “The third-party applications 1240 may invoke the API calls 1208 provided by the mobile operating system (such as operating system 1202) to facilitate functionality described herein.”).
With regards to claim 4, which depends on claim 3, AstroSeek wherein the third information comprises labels of the celestial bodies (AstroSeek, Fig. 3: symbols representing each planet and the moon are shown above or to the side of each line).
With regards to claim 6, which depends on claim 3, AstroSeek discloses receiving, from the user, one or more filter parameters; filtering the third information based on the one or more filter parameters; and producing, on the graphical user interface, fourth graphical symbols representative of the filtered third information (AstroSeek, Fig. 4: User can filter out lines and their symbols by selecting the “Planets” and “Paran Lines” options at the top of the GUI).
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(AstroSeek, Fig. 4 – extracted from AstroSeek NPL, p. 2)
Claims 11-14 and 16 recite substantially similar limitations to claims 1-4 and 6 respectively and are thus rejected along the same rationales.
Claim 20 recites substantially similar limitations to claim 1 and is thus rejected along the same rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Slayden (US4304554A): Teaches mapping the sets of curved and vertical lines.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRODERICK C ANDERSON whose telephone number is (313)446-6566. The examiner can normally be reached Monday-Tuesday, Thursday-Saturday 9-5 PST.
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/B.C.A/Examiner, Art Unit 2178
/STEPHEN S HONG/Supervisory Patent Examiner, Art Unit 2178
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