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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on October 9, 2025, and November 10, 2025, has been entered.
Claims 1, 3-15, 18, 20-22, 31, and 33 are pending in this office action and presented for examination.
Drawings
The drawings are objected to because:
Each sheet must include a top margin of at least 2.5 cm. (1 inch), a left side margin of at least 2.5 cm. (1 inch), a right side margin of at least 1.5 cm. (5/8 inch), and a bottom margin of at least 1.0 cm. (3/8 inch). However, there does not appear to be ample margin in FIG. 20. For example, the left side of Figure 20 (when the drawing sheet containing Figure 20 is rotated such that “FIG. 20” is on the bottom) appears to be cut-off when printed.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 18, 20-22, and 31 are objected to because of the following informalities. Appropriate correction is required.
In claim 18, line 12, “the one or more of the data items from the first register” should be “the one or more of the data items retrieved from the first register” for antecedent basis clarity.
Claims 20-22 and 31 are objected to for failing to alleviate the objection of claim 18 above.
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, 3-15, 18, 20-22, 31, and 33 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. See MPEP 2106.
Regarding Eligibility Step 1, each of the claims is directed to a process, machine, manufacture, or composition of matter.
Regarding Eligibility Step 2A, Prong One, each of the claims recites abstract ideas, which is a judicial exception. Specifically, each of the claims recites mathematical concepts such as mathematical calculations and/or mental processes that can be performed in the human mind, or by a human using a pen and paper. For example, independent claim 1 recites “A method for processing distributions of data, the method comprising: executing an arithmetic operation on at least one data item selected; outputting a first result of the arithmetic operation executed on the at least one data item selected; executing the arithmetic operation on input distribution data selected, wherein the input distribution data selected represents a distribution of uncertainty associated with the at least one data item selected; and outputting a second result of the arithmetic operation executed on the input distribution data selected, wherein the second result comprises output distribution data representing uncertainty associated with the first result.”
Regarding the remaining recited limitations “a first arithmetic logic unit of a microarchitecture of a processor” [to perform aforementioned executing and outputting], “a first register of the microarchitecture” [from which the aforementioned at least one data item is selected], “a second arithmetic logic unit of a microarchitecture of a processor” [to perform aforementioned executing and outputting], “a second register of the microarchitecture” [from which the aforementioned input distribution data is selected], Examiner submits that arithmetic logic units, registers, microarchitecture, and a processor are generic computer components that are part of a generic computer and/or a computer environment. Examiner notes that performing a mental process on a generic computer, performing a mental process in a computer environment, and using a computer as a tool to perform a mental process is still an abstract idea.
Regarding Eligibility Step 2A, Prong Two, the claim as a whole does not integrate the judicial exception into a practical application. In other words, the claim does not recite additional elements that integrate the judicial exception into a practical application. Regarding the remaining recited limitations “a first arithmetic logic unit of a microarchitecture of a processor” [to perform aforementioned executing and outputting], “a first register of the microarchitecture” [from which the aforementioned at least one data item is selected], “a second arithmetic logic unit of a microarchitecture of a processor” [to perform aforementioned executing and outputting], “a second register of the microarchitecture” [from which the aforementioned input distribution data is selected], Examiner submits that these elements are recited at a high level of generality and submits that arithmetic logic units, registers, microarchitecture, and a processor are well-known generic computer components that are part of a generic computer and/or a computer environment. Examiner notes that merely reciting the words "apply it" (or an equivalent) with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, or generally linking the use of a judicial exception to a particular technological environment or field of use, does not integrate a judicial exception into a practical application. Examiner further submits that the aforementioned use of registers from which input data is selected merely reflects insignificant extra-solution activities (e.g., data gathering). The aforementioned additional elements do not impose any meaningful limits on practicing the abstract idea. Therefore, the claim is directed to the judicial exception.
Regarding Eligibility Step 2B, the claim does not recite additional elements that amount to an inventive concept. In other words, the claim does not recite additional elements that, individually or in combination, amount to significantly more than the judicial exception itself. Regarding the remaining recited limitations “a first arithmetic logic unit of a microarchitecture of a processor” [to perform aforementioned executing and outputting], “a first register of the microarchitecture” [from which the aforementioned at least one data item is selected], “a second arithmetic logic unit of a microarchitecture of a processor” [to perform aforementioned executing and outputting], “a second register of the microarchitecture” [from which the aforementioned input distribution data is selected], Examiner notes that merely adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, or generally linking the use of a judicial exception to a particular technological environment or field of use, are not enough to qualify as "significantly more" when recited in a claim with a judicial exception. Examiner also notes that the courts have recognized retrieving information in memory, as a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
Dependent claims 3-15 do not add limitations that integrate the judicial exception into a practical application or amount to significantly more than the judicial exception recited in the independent claim. For example, claim 3 merely entails something causing the arithmetic operations to occur; Examiner submits that the human mind performs mental processes in response to some form of catalyst; as such, claim 3 does not recite additional elements which could integrate the abstract idea into a practical application or provide significantly more than the abstract idea itself. Claim 4 effectively entails a memory unit storing data and addresses; however, as noted above, the courts have recognized storing and retrieving information in memory as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. As such, claim 4 does not recite additional elements which could integrate the abstract idea into a practical application or provide significantly more than the abstract idea itself. Claim 5 effectively limits the previously recited data to be specific types of data, and elaborates on the previously addressed arithmetic operation that is being performed on that data, and therefore does not recite additional elements which could integrate the abstract idea into a practical application or provide significantly more than the abstract idea itself. Similarly, claim 6 effectively limits previously recited data, and therefore does not recite additional elements which could integrate the abstract idea into a practical application or provide significantly more than the abstract idea itself. Similarly, claim 7 effectively limits previously recited data, and therefore does not recite additional elements which could integrate the abstract idea into a practical application or provide significantly more than the abstract idea itself. Similarly, claim 8 effectively limits previously recited data, and therefore does not recite additional elements which could integrate the abstract idea into a practical application or provide significantly more than the abstract idea itself. Similarly, claim 9 effectively limits previously recited data, and therefore does not recite additional elements which could integrate the abstract idea into a practical application or provide significantly more than the abstract idea itself. Similarly, claim 10 effectively limits previously recited data, and therefore does not recite additional elements which could integrate the abstract idea into a practical application or provide significantly more than the abstract idea itself. Similarly, claim 11 effectively limits previously recited data, and therefore does not recite additional elements which could integrate the abstract idea into a practical application or provide significantly more than the abstract idea itself. Similarly, claim 12 effectively limits previously recited data, and therefore does not recite additional elements which could integrate the abstract idea into a practical application or provide significantly more than the abstract idea itself. Similarly, claim 13 effectively limits previously recited data, and therefore does not recite additional elements which could integrate the abstract idea into a practical application or provide significantly more than the abstract idea itself. Claim 14 effectively entails storing results to memory or transmitting results; however, as noted above, the courts have recognized storing and retrieving information in memory, as well as receiving or transmitting data over a network, as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. Claim 15 merely limits the aforementioned arithmetic operation to particular types, and therefore does not recite additional elements which could integrate the abstract idea into a practical application or provide significantly more than the abstract idea itself.
Claims 18, 20-22, and 31 are not patent eligible for analogous reasons as set forth above with respect to claims 1, 3-5, and 14 above. Claim 33 is not patent eligible for analogous reasons as set forth above with respect to claim 1 above.
Response to Arguments
Applicant on page 11 argues: “FIGS. 6AA, 9, and 20 are objected to on various grounds. Applicant has amended the drawings and attached the drawings herewith. Applicant respectfully requests withdrawal of the objection.”
In view of the amended drawings, the previously presented objections to the drawings are withdrawn. However, the newly amended drawings appear to catalyze a new objection; see the Drawings section above.
Applicant on page 11 argues: “Applicant has amended the claims to address the §112 rejections and based on the comments in the Office Action. Applicant respectfully requests withdrawal of the objection.”
In view of the amended claims, the previously presented §112 rejections are withdrawn.
Conclusion
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/KEITH E VICARY/Primary Examiner, Art Unit 2183