DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Claim(s) 2-21 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (specifically, an abstract idea) without significantly more.
As per the 2019 Patent Eligibility Guidance, claim(s) 2-21 are eligible as per the Step 1 (statutory) analysis.
However, as per the Step 2A Prong One (abstract idea, law of nature or natural phenomenon) analysis, the claimed invention in claim(s) 2-21 is directed to a judicial exception (specifically, an abstract idea); this is because the claims recite receiving data and manipulating data all of which fall under a sub-category of abstract ideas, namely mental processes.
Specifically, machine claim 2 and corresponding method claim 12 recite receiving image data, and using, i.e. manipulating, the data to generate further image data, where the further image data is then displayed to a user. These claim steps can be practically performed by the human mind (including the use of pen and paper), where a received image data can be used to create further image data.
As per the Step 2A Prong Two (practical application) analysis, this judicial exception is not integrated into a practical application because claim(s) 2-21 simply recite data gathering and manipulation which are not incorporated into any such practical application which applies the gathered and manipulated data.
Specifically, machine claim 2 and corresponding method claim 12 do not apply the generated further image data into a practical application that is recited within the claims other than displaying, which is no more than an insignificant extra-solution activity.
As per the Step 2B (significantly more) analysis, claim(s) 2-21 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims only recite functional units where the functions (of gather and manipulating data) are related to one another, without the recitation of any non-generic hardware that incorporates such data gathering and manipulation.
Specifically, machine claim 2 and corresponding method claim 12 do not recite any additional element that amounts to significantly more than the mental processes outlined above, other than displaying, which is no more than an insignificant extra-solution activity using generic display hardware.
Similarly, machine claims 3-4, 8 and corresponding method claims 13-14 and 18 recite in further detail the type of received data (training data and 2D images of patient), which still do not recite anything more than the judicial exception outlined above (Step 2A Prong One); nor are the claims’ limitations incorporated into any further practical application because they simply recite in more detail what data is being received (Step 2A Prong Two); nor do they recite any additional elements, other than receiving data, that amount to significantly more than the judicial exception outlined above (Step 2B).
Similarly, machine claims 5-7 and 11 and corresponding method claims 15-17 and 21 recite in further detail the data manipulation (creating further images from the received image data by performing refining of input data to the manipulation, and rendering/building the further images in a certain manner), which still do not recite anything more than the judicial exception outlined above (Step 2A Prong One); nor are the claims’ limitations incorporated into any further practical application because they simply recite in more detail how the data is being manipulated (Step 2A Prong Two); nor do they recite any additional elements, other than manipulating data, that amount to significantly more than the judicial exception outlined above (Step 2B).
Similarly, machine claims 9-10 and corresponding method claims 19-20 recite in further detail the type of device used to receive data (imaging device with a lens or camera of a mobile phone), which still do not recite anything more than the judicial exception outlined above (Step 2A Prong One); nor are the claims’ limitations incorporated into any further practical application because they simply recite in more detail how the data is being received (Step 2A Prong Two); nor do they recite any additional elements, other than receiving data using generic hardware, i.e. camera/lens, that amount to significantly more than the judicial exception outlined above (Step 2B).
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Saad M. Kabir whose telephone number is 571-270-0608 (direct fax number is 571-270-9933). The examiner can normally be reached on Mondays to Fridays 9am to 5pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAAD M KABIR/
Examiner, Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119
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