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 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 USC 101 because the claimed invention is directed to an abstract idea without significantly more. A subject matter eligibility analysis is set forth below. See MPEP 2106.
Under step 1, claim 1 belongs to a statutory category, namely it is a system claim. Likewise, claim 11 is a method claim.
Under step 2A, prong 1: this part of the eligibility analysis evaluates whether the claim recites a judicial exception as explained in MPEP 2106.4, subsection II, a claim recites a judicial exception when the judicial exception is set forth or described in the claim.
Claims 1 and 11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e. “mathematical relationships/algorithms/concepts” which the court has identified as abstract) without significantly more. Claims 1 and 20 are directed to the abstract idea of execute the embedded software application according to a defined set of execution parameters; and during execution of the embedded software application, generate raw key performance indicator (KPI) data indicative of a set of KPI metrics. These limitations fall under mathematical concepts. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the only additional elements are obtain the raw KPI data for the plurality of microcontrollers; which is mere data gathering recited at a high level of generality and generate a visualized display representative of a side-by-side comparison of the raw KPI data for each of the plurality of microcontrollers, which is an extra solution activity such as outputting data (i.e. generating a visualized display). Other additional elements: a plurality of microcontrollers with embedded software, client computing system, hardware engineer and a control system, these elements are found to be merely generic computer hardware and/or software components, e.g. see Fig. 3 and Spec. [0005]: and therefore, merely amount to a general-purpose computer used to apply the abstract idea and fails to integrate the abstract idea into a practical application. MPEP 2106.05(f). The claims as a whole do not amount to significantly more than the abstract idea itself.
The generic data gathering, processing, and output steps, and other elements, are recited so generically (no details whatsoever are provided other than e.g., “during execution of the embedded software application, generate raw key performance indicator (KPI) data indicative of a set of KPI metrics”) that it represents no more than mere instructions to apply the judicial exceptions on a computer. It can also be viewed as nothing more than an attempt to generally link the use of the judicial exceptions to the technological environment of a computer. Noting MPEP 2106.04(d)(I): “It is notable that mere physicality or tangibility of an additional element or elements is not a relevant consideration in Step 2A Prong Two. As the Supreme Court explained in Alice Corp., mere physical or tangible implementation of an exception does not guarantee eligibility. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208, 224, 110 USPQ2d 1976, 1983-84 (2014) ("The fact that a computer ‘necessarily exist[s] in the physical, rather than purely conceptual, realm,’ is beside the point")”.
Thus, under Step 2A, prong 2 of the analysis, even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application and the claims are directed to the judicial exception. No specific practical application is associated with the claimed system. For instance, nothing is done with the generated visualized displayed representing a side by side comparison of the raw KPI data.
Under Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, as described above, merely amount to a general purpose computer system that attempts to apply the abstract idea in a technological environment, limiting the abstract idea to a particular field of use, and/or merely insignificant extra-solution activity. Such insignificant extra-solution activity, e.g. data gathering and output, when re-evaluated under Step 2B is further found to be well-understood, routine, and conventional See MPEP 2106.05(d)(II).
Dependent claims 2-10 and 12-20 merely expand upon the abstract idea further defining the hardware/software and abstract steps of claims 1 and 20 respectively, and therefore stand rejected under 35 USC 101 as being directed to non-statutory subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANUEL A RIVERA VARGAS whose telephone number is (571)270-7870. The examiner can normally be reached M-F 9:00-6:00.
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/MANUEL A RIVERA VARGAS/Primary Examiner, Art Unit 2857
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