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 .
DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 34 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 34 recites the limitation "the measurand" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 23-42 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 23-42 are directed to a system, method, or product which are/is one of the statutory categories of invention. (Step 1: YES).
The Examiner has identified independent method Claim 23 as the claim that represents the claimed invention for analysis and is similar to independent device Claim 36. Claim 23 recites the limitations of obtaining a data set comprising time-sequential data elements generated by the measurement device; and: (a) calculating a statistic of a sub-set of data elements consecutive within the data set; (b) comparing the value of the statistic to a reference value; and, (c) if the value of the statistic differs from the reference value by less than a threshold amount, then: modifying the sub-set by appending to the sub-set at least one additional data element which is subsequent to the sub-set; and, repeating steps (a) to (c) for the modified sub-set of data elements; (d) if the value of the statistic differs from the reference value by more than said threshold amount, then: outputting the sub-set collectively as a sample set of data elements generated by the measurement device for representing uncertainty in measurements made by the measurement device; repeating steps (a) to (d) in respect of a subsequent sub-set of data elements consecutive within the data set.
These limitations, under their broadest reasonable interpretation, cover performance of the limitation as mathematical concepts. Sampling data from a measurement device for representing uncertainty in measurements made by the measurement device recites mathematical calculations. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation as mathematical calculations, then it falls within the “Mathematical Concepts” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. The measuring device in Claim 23 and memory unit, processor, and measuring device of Claim 36 is just applying generic computer components to the recited abstract limitations. The calculating, comparing, and repeating steps in Claims 23 and 36 appears to be just software. Claim 36 are also abstract for similar reasons. (Step 2A-Prong 1: YES. The claims are abstract)
This judicial exception is not integrated into a practical application. In particular, the claims only recite measuring device in Claim 23 and memory unit, processor, and measuring device of Claim 36 and calculating, comparing, and repeating steps in Claims 23 and 36. The computer hardware is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Therefore claims 23 and 36 are directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application)
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and as an ordered combination, they do not add significantly more (also known as an “inventive concept”) to the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a computer hardware amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. See Applicant’s specification page 38, lines 25-34 about implementation using general purpose or special purpose computing devices and MPEP 2106.05(f) where applying a computer as a tool is not indicative of significantly more. Even assuming there was a technical problem, the claims, as written, fail to recite the details of how a technical solution to the technical problem was accomplished. If there was a technical problem (e.g., existing technology was incapable of performing the claimed functions) then the claims should recite the details of the technical solution (e.g., how existing technology was improved to overcome this inability). However, the claims, as written, provide no such details and merely recite that the claimed functions (i.e., the outcome) are being performed. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus claims 23 and 36 are not patent eligible. (Step 2B: NO. The claims do not provide significantly more)
Dependent claims 24-35 and 37-42 further define the abstract idea that is present in their respective independent claims 23 and 36 and thus correspond to Certain Methods of Organizing Human Activity and hence are abstract for the reasons presented above. Claims 24, 25, and 37 further detail storing the sample set; Claims 26 and 39 defines modifying the subset; Claims 27 and 40 includes further details removal of subset data and repeating steps (a) to (d); Claims 28-30 and 41 further detail constraining the size of the sub-set; Claim 31 further details the statistic calculated in step (a); Claim 32 further defines the reference value; Claims 33, 34 further defines a measurand; Claim 35 add an additional mathematical calculation; Claim 38 further includes transmitting a signal without adding significantly more; Claim 42 positively recites the measurement apparatus without reciting significantly more than the abstract idea. The dependent claims do not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. Therefore, the claims 24-35 and 37-42 are directed to an abstract idea. Thus, the claims 23-42 are not patent-eligible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References A-D have been included on PTO-892 as relevant in the field of invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDSAY M MAGUIRE whose telephone number is (571)272-6039. The examiner can normally be reached Monday to Friday 8:30 to 5:00.
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Lindsay Maguire
2/10/26
/LINDSAY M MAGUIRE/Primary Examiner, Art Unit 3619