DETAILED ACTION
Claims 1, 2, 4-9, 11-16, and 18-21 are presented for examination. Claims 3, 10, and 17 are cancelled. Claims 1, 2, 4-9, 11-16, and 18-20 are amended. Claim 21 is added.
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, 2, 4-9, 11-16, and 18-21 are rejected under 35 U.S.C. 101 because the claimed invention recites a judicial exception, is directed to that judicial exception, an abstract idea, as it has not been integrated into practical application and the claims further do not recite significantly more than the judicial exception. Examiner has evaluated the claims under the framework provided in the 2019 Patent Eligibility Guidance published in the Federal Register 01/07/2019 and has provided such analysis below.
Step 1: Claims 1, 2, and 4-7 are directed to methods and fall within the statutory category of processes. Claims 8, 9, and 11-14 are directed to systems and fall within the statutory category of machines. Claims 15, 16, and 18-21 are directed to computer program products and fall within the statutory category of articles of manufacture.
Therefore, “Are the claims to a process, machine, manufacture or composition of matter?” Yes.
In order to evaluate the Step 2A inquiry “Is the claim directed to a law of nature, a natural phenomenon or an abstract idea?” we must determine, at Step 2A Prong 1, whether the claim recites a law of nature, a natural phenomenon or an abstract idea and further whether the claim recites additional elements that integrate the judicial exception into a practical application.
Step 2A Prong 1:
Claims 1, 8, and 15: The limitation of “calculating and mapping…average expected processor usage values…,” “generating a slot task average table…,” “constructing…a workload dispatch graph for a candidate workload…,” “determining…an optimal dispatch strategy,” and “dispatching a plurality of tasks…,” as drafted, is a process that, but for the recitation of generic computing components, under its broadest reasonable interpretation, covers performance of the limitation in the mind. For example, a person can examine received data from a packet and determine from that data whether or not the packet should be redirected elsewhere and then instruct that the redirection occur.
Therefore, Yes, claims 1, 8, and 15 recite judicial exceptions.
The claims have been identified to recite judicial exceptions, Step 2A Prong 2 will evaluate whether the claims are directed to the judicial exception.
Step 2A Prong 2:
Claims 1, 8, and 15: The judicial exception is not integrated into a practical application. In particular, the claims recite the following additional elements – “systems having multiple processor types,” “a target system,” “one or more processors,” “one or more computer-readable memories,” “one or more computer-readable tangible storage medium,” which are merely recitations of generic computing components and functions (see MPEP § 2106.05(b)) which do not integrate a judicial exception into practical application. Further, claims 1, 8, and 15 recite the following additional elements – “retrieving processor information and historical task data…,” which is merely a recitation of insignificant pre-solution data gathering activity (see MPEP § 2106.05(g)), which does not integrate a judicial exception into practical application and will also be addressed below in Step 2B as also being Well-Understood, Routine and Conventional.
Therefore, “Do the claims recite additional elements that integrate the judicial exception into a practical application? No, these additional elements do not integrate the abstract idea into a practical application and they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
After having evaluating the inquires set forth in Steps 2A Prong 1 and 2, it has been concluded that claims 1, 8, and 15 not only recite a judicial exception but that the claim is directed to the judicial exception as the judicial exception has not been integrated into practical application.
Step 2B:
Claims 1, 8, and 15: The claims do not include additional elements, alone or in combination, 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 amount to no more than generic computing components which do not amount to significantly more than the abstract idea. Further, to the extent that “retrieving processor information and historical task data…” is a positively recited step of receiving data, this would be insignificant extra-solution data gathering which is also Well-Understood, Routine and Conventional (see MPEP § 2106.05(d)(II) “The courts have recognized the following computer functions 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. i. Receiving or transmitting data over a network,”).
Therefore, “Do the claims recite additional elements that amount to significantly more than the judicial exception? No, these additional elements, alone or in combination, do not amount to significantly more than the judicial exception.
Having concluded analysis within the provided framework, Claims 1, 8, and 15 do not recite patent eligible subject matter under 35 U.S.C. § 101.
Claims 2 and 4-7 are rejected under 35 U.S.C. 101 as non-statutory for at least the reasons stated above. The claims are dependent on Claim 1, but do not add any feature or subject matter that would solve the non-statutory deficiencies of claim 1. Specifically, each claim simply clarifies details of the various claimed elements or adds further mental processes that are similar to the steps in claim 1. Claims 2-7 do not add any steps or elements, when considered both individually and as a combination, that would convert claim 1 into patent-eligible subject matter. Similarly, claims 9-14 and 16-20 also do not add any steps or elements, when considered both individually and as a combination, that would convert their independent claims into patent-eligible subject matter.
Therefore, claims 1-20 do not recite patent eligible subject matter under 35 U.S.C. § 101.
Response to Arguments
Applicant's arguments filed 08/06/2026 have been fully considered but they are not persuasive.
With respect to prior art rejections, applicant argues the following in the remarks:
a. On pages 11 and 12, applicant argues that because particular elements of the claims are unable to be performed as mental processes, the claims do not recite a judicial exception.
b. On pages 13 and 14, applicant argues that claim 1 provides a technological improvement that provides “improved organizing and dispatching of workloads…”
The examiner respectfully disagrees with the applicant:
a. The examiner would point out that in order for a claim to recite a judicial exception, it is not required that the judicial exception applies to every limitation in the claim. If only a single limitation of the claim were to meet the requirements of a judicial exception, then the claim in its entirety would recite a judicial exception. Applicant does not even argue about several limitations of the claim that were deemed to include a judicial exception. Thus, the rejection stands.
b. The examiner would point out that while the specification might express certain claimed improvements, those cited improvements are not necessarily included in the claim language. For instance, the claims require constructing a workload graph based on certain inputs, but give no expression of how the inputs are used in order to construct the graph. While it is potentially possible to construct the graph in a way to achieve those cited benefits, it is also possible to do it in any other number of ways which would not. As long as the inputted average values are used in some manner to construct the graphs, the claim limitation would be met, even if that chosen algorithm did not lead to the claimed improvements. The same is true of the other argued limitations. If applicant wishes to argue those improvements, then specific algorithms should be claimed that would lead to them. Thus, the rejection stands.
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 Gregory Kessler whose telephone number is (571)270-7762. The examiner can normally be reached M-Th 8:30 - 5, Alternate Fridays 8:30-4.
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/GREGORY A KESSLER/Primary Examiner, Art Unit 2197
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