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 .
DETAILED ACTION
This final Office action is in response to applicant’s communication received on December 10, 2025, wherein claims 1-3 and 5-6 are currently pending.
Response to Arguments
Applicant's arguments/remarks have been fully considered but they are geared towards the heavily amended claims presenting significant newly added limitations to the claims (for independent claim 1, Applicant has cancelled almost most of the previously presented limitations and added all new limitations – effectively rewriting the claim). The newly amended claims and the newly added limitations are considered for the first time in the rejection below.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations (newly added in the newly amended claims) are: “database configured to store” and “management unit configured to retrieve and reflect” in claim 2; and “generation unit configured to detect” in claim 6.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-3 and 5-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Regarding Step 1 (MPEP 2106.03) of the subject matter eligibility test per MPEP 2106.03, Claims 1-3 and 5-6 are directed to a system (i.e. machine). Accordingly, all claims are directed to one of the four statutory categories of invention.
(Under Step 2) The claimed invention is directed to an abstract idea without significantly more.
(Under Step 2A, Prong 1 (MPEP 2106.04)) The independent claim (1) and dependent claims (2-3, 5-6) recite managing scheduling by obtaining information/data (where the information itself is abstract in nature – e.g. service/task/work items associated with service person, block elements which are time-based activities, time, idle time of person/employee, etc.,), using obtained information/data for analysis and manipulation to determine more information/data (overlaps, conditions, comparing information, repositioning on the schedule, correcting overlaps on schedule, etc.,), and providing/displaying this determined information/data for further analysis and/or decision-making. The claimed invention further uses mathematical steps/relationships to analyze and determine further data (e.g. numerical manipulation with time elements, totaling numerical values and using the totaled results, dividing, etc.,; and also as described in the specification). The limitations of independent claim (1) and dependent claims (2-6), under the broadest reasonable interpretation, covers methods of organizing human activities (managing personal behavior or relationships or interactions between people (including scheduling and following rules or instructions)) and mathematical concepts (see discussion above regarding mathematical relationships used in the claims). If a claims limitation, under its broadest reasonable interpretation, covers the performance of the limitation as fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including scheduling, social activities, teaching, and following rules or instructions), then it falls within the “organizing human activities” grouping of abstract ideas. (MPEP 2106.04; and also see 2019 Revised Patent Subject Matter Eligibility Guidance – Federal Register, Vol. 84, Vol. 4, January 07, 2019, pages 50-57). If a claims limitation, under its broadest reasonable interpretation, covers the performance of the limitation as mathematical relationships, mathematical formulas or equations, mathematical calculations then it falls within the Mathematical concepts grouping of abstract ideas. (MPEP 2106.04; and also see 2019 Revised Patent Subject Matter Eligibility Guidance - Federal Register, Vol. 84, Vol. 4, January 07, 2019, pages 50-57).
Accordingly, since Applicant's independent claim (1) and dependent claims (2-3, 5-6) fall under organizing human activities grouping and mathematical concepts grouping, the claims recite an abstract idea.
(Under Step 2A, prong 2 (MPEP 2106.04(d))) This judicial exception is not integrated into a practical application because but for the recitation of generic/general-purpose computers/systems and or/ computing components/elements/devices/etc., (for example, systems, processor, memory, graphical visualization, database, units (software modules), etc., (in Independent claim 1 and its dependent claims 2-6 (see also specification fig. 1 and ¶¶ 0020-0025 [showing the generic/general-purpose computers/systems and or/ computing components/elements/devices/etc., of the system]))) in the context of the independent claim (1) and dependent claims (2-3, 5-6), the independent claim (1) and dependent claims (2-3, 5-6) encompass above stated abstract idea (organizing human activities (managing personal behavior or relationships or interactions between people (including scheduling and following rules or instructions)) and mathematical concepts (see discussion above regarding mathematical relationships used in the claims)). As shown above, the independent claim (1) and dependent claims (2-3, 5-6) and specification recite generic/general-purpose computers/systems and or/ computing components/elements/devices/etc., (for example, systems, processor, memory, graphical visualization, database, units (software modules), etc., (in Independent claim 1 and its dependent claims 2-6) which are recited at a high level of generality performing generic computer functions. (MPEP 2106.04; and also see 2019 Revised Patent Subject Matter Eligibility Guidance – Federal Register, Vol. 84, Vol. 4, January 07, 2019, page 53-55). The generic/general-purpose computers/systems and or/ computing components/elements/devices/etc., (for example, systems, processor, memory, graphical visualization, database, units (software modules), etc., (in Independent claim 1 and its dependent claims 2-6) limitations are no more than mere instructions to apply the judicial exception (the above abstract idea) in an apply-it fashion using generic/general-purpose computers, processors, and/or computer components/elements/ devices, etc. The CAFC has stated that it is not enough, however, to merely improve abstract processes by invoking a computer merely as a tool.. Customedia Techs., LLC v. Dish Network Corp., 951 F.3d 1359, 1364 (Fed. Cir. 2020). The focus of the claims is simply to use computers and a familiar network as a tool to perform abstract processes involving simple information exchange. Carrying out abstract processes involving information exchange is an abstract idea. See, e.g., BSG, 899 F.3d at 1286; SAP America, 898 F.3d at 1167-68; Affinity Labs of Tex., LLC v. DIRECTV, LLC, 838 F.3d 1253, 1261-62 (Fed. Cir. 2016). And use of standard computers and networks to carry out those functions—more speedily, more efficiently, more reliably—does not make the claims any less directed to that abstract idea. See Alice Corp., 573 U.S. at 222-25; Customedia, 951 F.3d at 1364; Trading Techs. Int'l, Inc. v. IBG LLC, 921 F.3d 1084, 1092-93 (Fed. Cir. 2019); SAP America, 898 F.3d at 1167; Intellectual Ventures I LLC v. Symantec Corp., 838 F.3d 1307, 1314 (Fed. Cir. 2016); Electric Power Grp., LLC v. Alstom S.A., 830 F.3d 1350, 1353, 1355 (Fed. Cir. 2016); Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 1370 (Fed. Cir. 2015); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355 (Fed. Cir. 2014). Accordingly, the additional elements do not integrate the abstract idea in to a practical application because it does not impose any meaningful limits on practicing the abstract idea – i.e. they are just post-solution/extra-solution activities.
(Under Step 2B (MPEP 2106.05)) The independent claim (1) and dependent claims (2-3, 5-6) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims do not recite an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. The independent claim (1) and dependent claims (2-3, 5-6) recite additional elements that are known and/or generic/general-purpose computers/systems and or/ computing components/elements/devices/etc., (for example, systems, processor, memory, graphical visualization, database, units (software modules), etc., (in Independent claim 1 and its dependent claims 2-6). For the role of a computer in a computer implemented invention to be deemed meaningful in the context of this analysis, it must involve more than performance of "well-understood, routine, [and] conventional activities previously known to the industry." Alice Corp. v. CLS Bank Int'l, 110 USPQ2d 1976 (U.S. 2014), at 2359 (quoting Mayo, 132 S. Ct. at 1294 (internal quotation marks and brackets omitted)). These activities as claimed by the Applicant are all well-known and routine tasks in the field of art – as can been seen in the specification of Applicant’s application (for example, see Applicant’s specification at, for example, ¶¶ 0020-0025 [general-purpose/generic computers/processors/etc., and generic/general-purpose computing components/devices/etc.,]) and/or the specification of the below cited art (used in the rejection below and on the PTO-892) and/or also as noted in the court cases in §2106.05 in the MPEP. Further, "the mere recitation of a generic computer cannot transform a patent ineligible abstract idea into a patent-eligible invention." Alice, at 2358. None of the hardware offers a meaningful limitation beyond generally linking the system to a particular technological environment, that is, implementation via computers. Adding generic computer components to perform generic functions that are well‐understood, routine and conventional, such as gathering data, performing calculations, and outputting a result would not transform the claim into eligible subject matter. Abstract ideas are excluded from patent eligibility based on a concern that monopolization of the basic tools of scientific and technological work might impede innovation more than it would promote it. The independent claim (1) and dependent claims (2-3, 5-6) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims require no more than a generic computer to perform generic computer functions. The additional elements (generic/general-purpose computers/systems and or/ computing components/elements/devices/etc., (for example, systems, processor, memory, graphical visualization, database, units (software modules), etc., (in Independent claim 1 and its dependent claims 2-6) or combination of elements in the independent claim (1) and dependent claims (2-3, 5-6) other than the abstract idea per se amount(s) to no more than: (i) mere instructions to implement the idea on a computer, and/or (ii) recitation of generic computer structure that serves to perform generic computer functions that are well-understood, routine, and conventional activities previously known to the pertinent industry. Applicant is directed to the following citations and references: Digitech Image., LLC v. Electronics for Imaging, Inc.(U.S. Patent No. 6,128,415); and (2) Federal register/Vol. 79, No 241 issued on December 16, 2014, page 74629, column 2, Gottschalk v. Benson. Viewed as a whole, the claims do not purport to improve the functioning of the computer itself, or to improve any other technology or technical field. Use of an unspecified, generic computer does not transform an abstract idea into a patent-eligible invention. Thus, the independent claim (1) and dependent claims (2-3, 5-6) do not amount to significantly more than the abstract idea itself. See Alice Corp. v. CLS Bank Int'l, 110 USPQ2d 1976 (U.S. 2014).
The dependent claims (2-3, 5-6) further define the independent claims and merely narrow the described abstract idea, but not adding significantly more than the abstract idea. The above rejection includes and details the discussion of dependent claims and the above rejection applies to all the dependent claim limitations. In summary, the dependent claims further state using obtained data/information (where the information itself is abstract in nature), data analysis/manipulation to determine more data/information, possibly obtaining more abstract information/data, and providing this determined data/information for further analysis and decision making in scheduling. The claimed invention further uses mathematical steps/relationships to analyze and determine further data (e.g. numerical manipulation with time elements, totaling numerical values and using the totaled results, dividing, etc.,; and also as described in the specification). The limitations of the dependent claims (2-3, 5-6), are directed towards organizing human activities (managing personal behavior or relationships or interactions between people (including scheduling and following rules or instructions)) and mathematical concepts (see discussion above regarding mathematical relationships used in the claims). This judicial exception is not integrated into a practical application because the claims and specification recite generic/general-purpose computers/systems and or/ computing components/elements/devices/etc., (for example, systems, processor, memory, graphical visualization, database, units (software modules), etc., (in Independent claim 1 and its dependent claims 2-6) which are recited at a high level of generality performing generic computer functions. (MPEP 2106.04 and also see 2019 Revised Patent Subject Matter Eligibility Guidance – Federal Register, Vol. 84, Vol. 4, January 07, 2019, page 53-55). The dependent claims also merely recites post-solution/extra-solution activities (with generic/general-purpose computers/systems and or/ computing components/elements/devices/etc., (for example, systems, processor, memory, graphical visualization, database, units (software modules), etc., (in Independent claim 1 and its dependent claims 2-6). The additional elements (generic/general-purpose computers/systems and or/ computing components/elements/devices/etc., (for example, systems, processor, memory, graphical visualization, database, units (software modules), etc., (in Independent claim 1 and its dependent claims 2-6)) do not integrate the abstract idea in to a practical application because it does not impose any meaningful limits on practicing the abstract idea – i.e. they are just post-solution/extra-solution activities. The dependent claims merely use the same general technological environment and instructions to implement the abstract idea without adding any new additional elements. Also, the dependent claims also do not include additional elements that are sufficient to amount to significantly more than the juridical exception because the additional elements either individually or in combination are merely an extension of the abstract idea itself. See detailed discussion above.
Prior art discussion (not a rejection)
As per the independent claim 1, the closest prior art is Kohn et al., (US 2005/0080658) in view of Petroulas (US 2020/0334586). However, neither Kohn nor Petroulas disclose individually or in combination the specific limitations/concept of “detect an overlap of reservation time between two variant block elements placed in the timeline layout; determine whether the overlapping variant block elements satisfy a predefined inversion condition; and execute, in response to satisfaction of the predefined inversion condition, a mirror inversion operation to one of the overlapping variant block elements to reposition the block elements such that they are fitted through the idle section without overlapping work sections.” Additionally, the specific ordered combination of the claim elements in the independent claims cannot be found in the prior art (including art cited in PTO-892) and can only be found in Applicant' s Specification. Any combination of the cited references and/or additional references to teach all of the claim elements would not be obvious and would result in impermissible hindsight reconstruction. The prior art of record (including art cite on PTO-892) does not teach or suggest (the reference individually or in combination) Applicant' s current independent claims as a whole (it is the entire claimed concept described by the limitations collectively coming together that is not rejected under prior art (the core concept is shown in the claim as a whole — limitations organized in the specific form and coming together collectively to form the concept)).
As per the dependent claims, these claims depend on the independent claims above and incorporate the limitations thereof, and are therefore not rejected under prior art for at least the same rationale as applied to the independent claims above, and incorporated herein.
Note that all the claims remain rejected under 35 USC §101 and are not allowable.
Conclusion
The prior art made of record on the PTO-892 and not relied upon is considered pertinent to applicant's disclosure. For example some of the pertinent prior art is as follows:
Rosenblum (US 2013/0290008): Discuses generating a schedule for a plurality of events. The plurality of events are events for one or more clinical studies. Generating the schedule includes defining an order and an amount of time for each event of the plurality of events. The method also includes automatically generating a graphical user interface (GUI) from the schedule by displaying the plurality of events on a timeline grouped into shifts. The GUI displays conflicts between the shifts.
Barto et al., (US 7,069,097): Provides for a schedule of engagements for a resource. Each engagement has a working window and an associated engagement density function. The engagement density functions of the scheduled engagements are combined to generate a committed capacity function for the resource. A region of violation in the committed capacity function is identified where the committed capacity of the resource exceeds a capacity threshold. An area of a region of overlap between the working window of a selected one of the engagements and the region of violation is determined. An area reduction amount for the selected engagement is determined based on a portion of the area of the region of overlap. The working window of the selected engagement is changed based on the area reduction amount.
Yang (US 11,763,220): Comprises an interface configured to receive an incremental change and an existing schedule. The system comprises a processor to determine whether labor demand has changed; in response to labor demand having been changed, generate an updated set of shift candidates; determine a new cost function; restart a solver using the updated set of shift candidates, the existing schedule, the incremental change, and the new cost function, wherein the solver comprises a mixed integer programming (MIP) solver, and wherein the MIP solver determines simultaneously a subset of the shift candidates selected in the final schedule and a set of shift assignments of which worker is assigned to which selected shift candidate of the subset of shift candidates
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.
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/Gurkanwaljit Singh/
Primary Examiner, Art Unit 3625