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 .
Claim Interpretation
The claims require acquiring “an advantage value”. This term is best defined in the specification in paragraph [0073] and, by example, figure 4. “The win rate curve is used to represent a win rate of the red team at each time point during the confrontation process, the advantage value of the red team in the confrontation process is a difference between area 1 and area 2 in FIG. 4.” The “advantage value” is the difference of the integrated area above a win rate of 50% during the confrontation process and the integrated area below a win rate of 50% during the confrontation process with respect to historical time periods.
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 non-statutory subject matter because the claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea. The claims are directed to the abstract idea of a mental processes. The additional element(s) or combination of elements in the claim(s) other than the abstract idea per se amount(s) to no more than mere instructions to implement the idea on a computer, and/or 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. Viewed 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. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter. Please see recent Supreme Court decision Alice Corp. Pty. Ltd. V. CLS Bank International for guidance.
Claims 1 and 12 are independent claims directed to an apparatus and a method. Products and Processes fall within statutory categories of invention (Step 1: YES).
The claims are then analyzed to determine whether it is directed to an exception. In this case, the claims are drawn to the abstract idea of a mental process or a concept performed in the human mind (including an observation, evaluation, judgment, opinion). In particular, the process of matching users to an application can be done mentally.
acquiring an advantage value (this is a mathematical evaluation mental step)
training a first preset initial model to obtain the advantage prediction model. (this is a mathematical evaluation mental step)
The steps cover performance of the limitations in the mind but for the recitation of generic computer components. That is, other than reciting “a training apparatus”, nothing in the claim elements precludes the steps from practically being performed in the human mind. The mere nominal recitation of a generic processor does not take the claim limitations out of the mental processes grouping.
Thus, the claim recites a mental process.
(Step 2A, prong one: YES)
The claims are then analyzed to determine whether there are additional element(s) or a combination of elements in the claim that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
In this case, the claims recite that “a training apparatus” are configured perform the steps.
The processor in the steps is recited at a high level of generality, i.e., as a generic processor performing a generic computer function of processing data. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component.
Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
(Step 2A, prong two: NO)
Viewing the limitations individually,
The claims are then analyzed to determine whether the claims provide an inventive concept, i.e., does the claim recite additional element(s) or a combination of elements that amount to significantly more than the judicial exception in the claim.
The additional elements, “a training apparatus” are configured perform the steps, in the claims amounts to no more than mere instructions to apply the exception using a generic computer component. The mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Viewing the limitations as a combination, the claim simply instructs the practitioner to implement the concept of an electronic method of determining a setting with routine, conventional activity specified at a high level of generality in a particular technological environment. When viewed either as individual limitations or as an ordered combination, the claim as a whole does not add significantly more to the abstract idea of obtaining an advantage prediction model.
(Step 2B: NO). The claim is not patent eligible.
Claims 2-11 and 13-20 have been considered each as whole claim as to the abstract idea and the “significantly more” criterion. While being more specific, the limitations did not make the claims less abstract nor provide “significantly more” to the claims to make them patent eligible.
Allowable Subject Matter
Claims 1-20 are rejected under 35 USC 101, but would be allowable if the 101 issue is resolved.
The following is a statement of reasons for the indication of allowable subject matter:
The independent claims require acquiring “an advantage value”. Acquiring “an advantage value” as defined above is a very detailed limitation which is not shown or taught by the cited prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A CUFF whose telephone number is (571)272-6778. The examiner can normally be reached Monday - Friday 9-5.
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/MICHAEL A CUFF/Primary Examiner, Art Unit 3715