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 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 16-35 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an
abstract without significantly more. The claim(s) (16, and 28) recite(s) capturing a capture of the user,
inferring from capture data, intention data indicates the indention of the user, and receiving by the
controller, and an instruction signal sent. This judicial exception is not integrated into a practical
application because capturing/inferring data/receiving signals, can be done by general purpose
computer.
The claim(s) does/do not include additional elements that are sufficient to amount to
significantly more than the judicial exception because capturing a capture, inferring from data, indicates
the intention and receiving an instruction signal.
With respect to claim 28, the beacon, mobile device, sensor device, and controller are not abstract, however they do not recite significantly more to integrate the method into practical application.
Response to Arguments
Applicant's arguments filed 6/19/2026 have been fully considered but they are not persuasive. The applicant’s attorney traverses the 101 rejection under Subject Matter Eligibility Guidance and goes through multi prong analysis. The examiner respectfully disagrees with interpretation of the claimed subject matter present, and believes the claims falls under each prong, to qualify as under 35 U.S.C. 101 rejection.
Step 2A, Prong One, the applicant argues that the claims do not recite an abstract idea. With respect to claim 16, the method steps of: capturing user data, inferring data, activating beacon to broadcast a signal, and receiving an instruction sign, describes an abstract idea (mathematical calculation) that can be done by any general computing device. Similarly the device claims of 28, repeat the same operation. There is merely data gathering, and a mathematical calculation to activate a beacon and possible receive an instruction signal. In Paragraph 0037, states that “inferring the data, includes analytic method suitable for analyzing the capture data. If the capture data includes a video signal, e.g. if the sensor device is an optical sensor device as described above, the analytic method can include an image or shape recognition tool. Known analysis methods, such as algorithms for image processing and image pattern recognition can be utilized.” The examiner interprets analytic method and algorithm clearly as it stated, as mathematical concept/calculations.
Step 2A, Prong Two, the applicant argues that the claim language integrate claims into practical application. Capturing user data, inferring data, activating beacon to broadcast a signal, and receiving an instruction sign, describes data gathering, and a mathematical calculation that can be done by any general computing device. There is no post solution activity, involving control/movement of elevator system.
Step 2B, the applicant argues that the claim recites significantly more than the judicial exception. With respect to claim 16, the beacon, sensor device, mobile device and the controller are listed in preamble. With respect to claim 28, the beacon, mobile, device, sensor device, and controller are not abstract, however they do not integrate the method into practical application, because they are just part of the data gathering/mathematical concept.
The previous of 102/103 rejection of Depaulo (PGPUB 2023/0166944) has been withdrawn.
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 ERICK DAVID GLASS whose telephone number is (571)272-8395. The examiner can normally be reached Mon-Fri_8-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Colon-Santana can be reached at 571-272-2060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERICK D GLASS/Primary Examiner, Art Unit 2837
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