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 .
Response to Arguments
Applicant's arguments filed in the Response Pursuant to 37 CFR 1.111 (“Response”) on 16 March 2026 with respect to the rejection under 35 USC 101 have been fully considered but they are not persuasive. However, Applicant’s arguments in the Response with respect to the rejection under 35 USC 102 have been fully considered and are persuasive with the addition of the newly amended features in the Response. Therefore, the rejection under 35 USC 102 has been withdrawn.
DDR Holdings dealt with a patent that required doing something to a web page, not simply doing something on a web page, a difference that the court regarded as important to the issue of patent eligibility. Further, the feature of pausing a screen as seen in the Instant Specification has less to do with the screen or web page itself and more to do with the program running on the screen. The program running is paused while the an alert is displayed… pausing to display. If the claim limitations, under its broadest reasonable interpretation, covers interactions between people but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Claim Objections
Claims 1, 8 and 15 are objected to because of the following informalities:
“schedule metrics; and” should be --schedule metrics;--.
Appropriate correction is required.
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 1-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) without “significantly more.” Claims 1-20 are directed to partitioning a scheduling problem, applying an algorithm to optimize a first subset, determining whether there are any remaining subsets to optimize, loading next subset, optimizing the loaded subset, running a final pass of the algorithm to improve global metrics, providing time stamps and pausing a screen/program to display data, which is considered an abstract idea. Further, the claim(s) as a whole, when examined on a limitation-by-limitation basis and in ordered combination do not include an inventive concept.
Step 1 – Statutory Categories
As indicated in the preamble of the claims, the examiner finds the claims are directed to a process, machine, or article of manufacture.
Step 2A – Prong One - Abstract Idea Analysis
Exemplary claim 8 (and similarly claims 1 and 15) recites the following abstract concepts, in italics below, which are found to include an “abstract idea”:
A computer-implemented method, comprising:
partitioning, by a computer comprising a processor and a memory, a scheduling problem into ordered subsets based on a prioritization scheme;
applying, by the computer, a scheduling algorithm to optimize a first subset of the ordered subsets and freeze a corresponding schedule;
determining, by the computer, whether there are any remaining subsets that have not been optimized;
in response to the determining that there are any remaining subsets that have not been optimized, loading, by the computer, a next subset ordered according to the prioritization scheme;
optimizing, by the computer, the loaded subset without disturbing the frozen schedule;
in response to determining that there are no remaining subsets to optimize, running, by the computer, a final pass of the scheduling algorithm to improve one or more global schedule metrics; and
providing, by the computer, time stamps to display the scheduling algorithm progress and timing during the run of the final pass of the scheduling algorithm; and
pausing, by the computer, a screen to display the final pass of the run of the scheduling algorithm.
The claim features in italics above as drafted, under its broadest reasonable interpretation, are mathematical concepts, mental processes and/or certain methods of organizing human activity performed by generic computer components. That is, other than reciting “a computer comprising a processor and a memory” and “a screen”, nothing in the claim element precludes the step from practically being a mathematical concept, performed in the mind or a method of organized human activity. For example, but for the “computer comprising a processor and a memory” and “screen” language, “partitioning…a scheduling problem into ordered subsets based on a prioritization scheme… determining… whether there are any remaining subsets that have not been optimized… and optimizing… the loaded subset without disturbing the frozen schedule” in the context of this claim encompasses mental processes. If the claim limitations, under its broadest reasonable interpretation, covers steps which could be performed in the human mind including an observation, evaluation, judgement of opinion but for the recitation of generic computer components, then it falls within the “mental process” grouping of abstract ideas. Further, “applying… a scheduling algorithm to optimize a first subset of the ordered subsets and freeze a corresponding schedule… in response to determining that there are no remaining subsets to optimize, running… a final pass of the scheduling algorithm to improve one or more global schedule metrics” in the context of this claim encompasses mathematical concepts. If the claim limitations, under its broadest reasonable interpretation, covers a mathematical relationship, mathematical formula or mathematical calculation but for the recitation of generic computer components, then it falls within the “mathematical concept” grouping of abstract ideas. Even further, “in response to the determining that there are any remaining subsets that have not been optimized, loading… a next subset ordered according to the prioritization scheme;… providing… time stamps to display the scheduling algorithm progress and timing during the run of the final pass of the scheduling algorithm; and pausing… to display the final pass of the run of the scheduling algorithm” in the context of this claim encompasses certain methods of organizing human activity. If the claim limitations, under its broadest reasonable interpretation, covers a fundamental economic practice, commercial or legal interaction or managing personal behavior or relationships or interactions between people but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A – Prong Two - Abstract Idea Analysis
This judicial exception is not integrated into a practical application. In particular, the claim only recites three additional elements – “a computer comprising a processor and a memory” and “a screen”. The “computer comprising a processor and a memory” and “screen” are recited at a high-level of generality (i.e., as a generic processor performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component (MPEP 2106.05(f), i.e. the portioning, applying, determining, optimizing, running, providing and pausing steps) and data gathering, which is a form of insignificant extra-solution activity (MPEP 2106.05(g), i.e. the loading step). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B - Significantly More Analysis
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 of “a computer comprising a processor and a memory” and “a screen” amounts to no more than mere instructions to apply the exception using a generic computer component and insignificant extra-solution activity. Mere instructions to apply the exception using a generic computer component and insignificant extra-solution activity cannot provide an inventive concept. Further, the background does not provide any indication that the “computer comprising a processor and a memory” and “screen” are anything other than a generic, off-the-shelf computer components. For these reasons, there is no inventive concept. The claim is not patent eligible.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hunter Wilder whose telephone number is (571)270-7948. The examiner can normally be reached Monday-Friday 8:30AM-5:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Florian Zeender can be reached at (571)272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A. Hunter Wilder/Primary Examiner, Art Unit 3627
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