DETAILED ACTION
Claim(s) 1-19 are presented for examination.
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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in “United Kingdom of Great Britain and Northern Ireland” on May 11th, 2023. It is noted, however, that applicant has not filed a certified copy of the GB2306967.7 application as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on March 5th, 2024; August 7th, 2024; and July 10th, 2025 follow the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The abstract of the disclosure is objected to because it contains a legal phraseology “comprising …” in line 3. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. Correction is required. See MPEP § 608.01(b).
Claim Objections
Claim(s) 1-19 are objected to because of the following informalities:
Claim 1 recites a machine claim, “An apparatus … of a communication network, the apparatus comprising …”, and the list of devices (i.e. a processor, a memory, etc.) in the preamble. The body of the claim recites the action steps: “obtain… conduct… process…” performed by the apparatus.
For clarity and placing the claim into a proper machine claim, it is suggested to replace “An apparatus … of a communication network, the apparatus comprising …” with “An apparatus … of a communication network, the apparatus comprising: …” so that the aforementioned list of devices, are comprised by the apparatus, which are performing these actions/steps (see MPEP 2106.03, section I1 ; MPEP 2173.05(p), section II2).
Claims 16 and 18 recite similar limitation(s).
Claim 14 recites “uplink/downlink” in lines 2 and 4. For clarity and consistency, it is suggested to use words (i.e., and, or, etc.) instead of the slash “/”.
Claim(s) 2-15, 17 and 19 are also objected for being dependent on an objected base claim as set forth above.
Appropriate correction is required.
Claim Rejections - 35 U.S.C. § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. § 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-6, 8, 9, 11, 12, 15, 16, 18 and 19 are rejected under 35 U.S.C. § 103 as being unpatentable over Pateromichelakis et al. (US 2025/0202787 A1) hereinafter “Pateromichelakis” in view of Magnouche et al. (US 2025/0317849 A1) hereinafter “Magnouche”.
Regarding Claim 1,
Pateromichelakis discloses an apparatus for use by a communication network control element or communication network control function acting as an operation and maintenance entity of a communication network [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, a network node “300”, comprising an Application Energy Data Producer (AEDP) “1032” (i.e. an Operations, Administration and Maintenance (OAM) function) or an Application Energy Data Consumer (AEDC) “1030” (i.e. 3rd party application/consumer)], the apparatus comprising at least one processing circuitry [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, the network node “300” includes a processor “305”], and at least one memory for storing instructions that [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, a memory “310” storing program code and related data], when executed by the at least one processing circuitry [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, during an implementation by the processor “305”], cause the apparatus at least [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, trigger the network node “300”]:
to obtain energy type data related to an energy supply of at least a part of the communication network [see fig. 10, pg. 10, ¶145 lines 1-8, to collect application data for a given application service or service type (wherein a service type is defined as a set of application services which share similar characteristics in terms of KPIs and traffic patterns within a network/slice service area)], to conduct a first mapping process of mapping the obtained energy type data to at least one network element or network function of the communication network or to at least one communication operation conducted in the communication network [see fig. 10, pg. 10, ¶146 lines 1-7, to translate of application data to energy consumption data and/or statistics for a given service or service type within a requested service area (requested from the consumer)], and to process a result of the first mapping process for conducting a report operation based on the energy type data [see fig. 10, pgs. 10-11, ¶147 lines 1-6, to evaluate the energy consumption data, and trigger of an event when the consumption data indicates are reaching/exceeding an energy consumption target threshold (set by the consumer or the owner of the energy resources or the application service provider)].
Although Pateromichelakis discloses processing a result of the first mapping process for conducting a report operation based on the energy type data, Pateromichelakis does not explicitly teach conducting “a network optimization operation”.
However Magnouche discloses obtaining energy type data related to an energy supply of at least a part of the communication network [see fig. 4: Step “401”, pg. 8, ¶160 lines 1-5, obtaining, by an apparatus, an energy profile of the network device, wherein the energy profile comprises a device layout of the network device and energy consumption information associated with each component], to conduct a first mapping process of mapping the obtained energy type data to at least one network element or network function of the communication network or to at least one communication operation conducted in the communication network [see fig. 4: Step “402”, pg. 8, ¶161 lines 1-3, obtaining, by the apparatus, traffic information of the network device, wherein the network device is associated with multiple link aggregation groups (LAGs)], and to process a result of the first mapping process for conducting a report operation or network optimization operation based on the energy type data [see fig. 4: Step “403”, pg. 9, ¶162 lines 1-5, optimizing, by the apparatus, the energy consumption of the network device by determining one or more of the components of the network device to be set in a low-power state, based on the device layout and the traffic information].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide conducting “a network optimization operation” as taught by Magnouche in the system of Pateromichelakis to improve network energy-saving mechanisms by providing a way for each network device to optimize its local energy consumption in coordination with its neighbors [see Magnouche, pg. 1, ¶6 lines 1-5].
Regarding Claim 2,
The combined system of Pateromichelakis and Magnouche discloses the apparatus according to claim 1.
Pateromichelakis further discloses wherein the energy type data related to an energy supply of at least a part of the communication network [see fig. 10, pg. 10, ¶145 lines 1-8, the collected application data for a given application service or service type] comprises:
information specifying an energy type according to an energy source used for the energy supply [see fig. 10, pg. 10, ¶145 lines 1-8, application traffic patterns and usage for a given service area (e.g. geo, EDN area, list of cells)].
Regarding Claim 3,
The combined system of Pateromichelakis and Magnouche discloses the apparatus according to claim 1.
Pateromichelakis further discloses wherein the instructions, when executed by the at least one processing circuitry, further cause the apparatus to obtain the energy type data from at least one application function associated to an energy supplier for at least a part of the communication network [see fig. 10: Step “1073”, pg. 11, ¶153 lines 1-11, the data is collected based on the producer from which the data is collected. For ADV from the DN side, data is collected by the application servers or the networking stacks at the edge/cloud, or based on API usage by enablement layer/CAPIF].
Regarding Claim 4,
The combined system of Pateromichelakis and Magnouche discloses the apparatus according to claim 1.
Pateromichelakis further discloses wherein the instructions, when executed by the at least one processing circuitry, further cause the apparatus to obtain the energy type data by using a specified event identification indicating a capability of providing the energy type data [see fig. 10, pgs. 10-11, ¶149 lines 1-3, the AEDP “1032” is arranged to communicate the energy data to the consumer. The communication is periodically or based on the triggered event].
Regarding Claim 5,
The combined system of Pateromichelakis and Magnouche discloses the apparatus according to claim 1.
Pateromichelakis further discloses wherein the instructions, when executed by the at least one processing circuitry, further cause the apparatus to derive changes in at least one of an availability of at least one energy type [see fig. 10: Step “1073”, pg. 11, ¶153 lines 1-11, the AEDP “1032” collects data for deriving the energy data (which is AEE/AEC/ADV)].
Regarding Claim 6,
The combined system of Pateromichelakis and Magnouche discloses the apparatus according to claim 1.
Pateromichelakis further discloses wherein the instructions, when executed by the at least one processing circuitry, further cause the apparatus in the first mapping process [see fig. 10: Step “1074”, pg. 11, ¶154 lines 1-12, the AEDP “1032” requests and receives energy KPI data from OAM “1024” (or from the MF relevant for monitoring EE)], to map location information related to a network element or network function to an energy service area or point of supply of an energy type indicated in the energy type data [see fig. 10: Step “1074”, pg. 11, ¶154 lines 1-12, in particular per slice instance energy consumption, or per slice subnet energy, or per RAN energy levels or the energy levels for a given geographical area], and to deduce an energy type or a mixture of energy types used for the energy supply to a network element or network function [see fig. 10: Step “1074”, pg. 11, ¶154 lines 1-12, the energy KPI data is for the list of cells within the service area].
Regarding Claim 8,
The combined system of Pateromichelakis and Magnouche discloses the apparatus according to claim 1.
Pateromichelakis further discloses wherein the instructions, when executed by the at least one processing circuitry, further cause the apparatus when processing the result of the first mapping process for conducting a report operation [see fig. 10: Step “1075”, pg. 11, ¶155 lines 1-3, based on the collected data in step(s) “1073”/ “1074”], to transmit the result of the first mapping to at least one of a network element or network function of the communication network [see fig. 10: Step “1076”, pg. 11, ¶156 lines 1-7, the AEDP “1032” sends the data to the consumer based on the request/subscription in step “1071”], or an external party connected to the communication network [see fig. 10: Step “1076”, pg. 11, ¶156 lines 1-7, or an Application Energy Data Consumer (AEDC) “1030” (i.e. 3rd party application/consumer)].
Regarding Claim 9,
The combined system of Pateromichelakis and Magnouche discloses the apparatus according to claim 1.
Pateromichelakis further discloses wherein the instructions, when executed by the at least one processing circuitry, further cause the apparatus when processing the result of the first mapping process for conducting a report operation [see fig. 10: Step “1075”, pg. 11, ¶155 lines 1-3, based on the collected data in step(s) “1073”/ “1074”], to conduct a second mapping process for mapping the energy type data to energy consumption measurement data related to at least a part of the communication network [see fig. 10: Step “1074”, pg. 11, ¶154 lines 1-12, the AEDP “1032” requests and receives energy KPI data from OAM “1024” (or from the MF relevant for monitoring EE)], and to transmit a result of the second mapping process to an a network element or network function for processing the result [see fig. 10: Step “1076”, pg. 11, ¶156 lines 1-7, the AEDP “1032” sends the data to the consumer based on the request/subscription in step “1071”].
Regarding Claim 11,
The combined system of Pateromichelakis and Magnouche discloses the apparatus according to claim 1.
Pateromichelakis further discloses wherein the part of the communication network comprises of the complete communication network [see fig. 10, pg. 10, ¶145 lines 1-8, Such application data may comprise application traffic patterns and usage for a given service area (e.g. geo, EDN area, list of cells)].
Regarding Claim 12,
The combined system of Pateromichelakis and Magnouche discloses the apparatus according to claim 1.
Pateromichelakis further discloses wherein the instructions, when executed by the at least one processing circuitry, further cause the apparatus when processing the result of the first mapping process for conducting an optimization operation [see fig. 10: Step “1074”, pg. 11, ¶154 lines 1-12, the AEDP “1032” requests and receives energy KPI data from OAM “1024” (or from the MF relevant for monitoring EE)], to derive a quality of service setting depending on an available energy type or mixture of energy types [see fig. 10: Step “1075”, pg. 11, ¶155 lines 1-3, the AEDP “1032” derives based on the collected data in step(s) “1073”/ “1074” the requested energy related data (ADV, AEE, AEC)], and to provide a rule reflecting the quality of service setting to the communication network [see fig. 10: Step “1076”, pg. 11, ¶156 lines 1-7, the AEDP “1032” sends the data to the consumer based on the request/subscription in step “1071”].
Regarding Claim 15,
The combined system of Pateromichelakis and Magnouche discloses the apparatus according to claim 1.
Pateromichelakis further discloses wherein the instructions, when executed by the at least one processing circuitry, further cause the apparatus when processing the result of the first mapping process for conducting an optimization operation [see fig. 10: Step “1074”, pg. 11, ¶154 lines 1-12, the AEDP “1032” requests and receives energy KPI data from OAM “1024” (or from the MF relevant for monitoring EE)], to derive an energy saving strategy depending on an available energy type or mixture of energy types [see fig. 10: Step “1075”, pg. 11, ¶155 lines 1-3, the AEDP “1032” derives based on the collected data in step(s) “1073”/ “1074” the requested energy related data (ADV, AEE, AEC)], and to provide the energy saving strategy to a network element or network function of the communication network [see fig. 10: Step “1076”, pg. 11, ¶156 lines 1-7, the AEDP “1032” sends the data to the consumer based on the request/subscription in step “1071”].
Regarding Claim 16,
Pateromichelakis discloses an apparatus for use by a communication network control element or communication network control function of a communication network acting as an entity for implementing an energy saving concept in the communication network [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, a network node “300”, comprising an Application Energy Data Producer (AEDP) “1032” (i.e. an Operations, Administration and Maintenance (OAM) function) or an Application Energy Data Consumer (AEDC) “1030” (i.e. 3rd party application/consumer)], the apparatus comprising at least one processing circuitry [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, the network node “300” includes a processor “305”], and at least one memory for storing instructions that [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, a memory “310” storing program code and related data], when executed by the at least one processing circuitry [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, during an implementation by the processor “305”], cause the apparatus at least [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, trigger the network node “300”]:
to receive an energy saving strategy depending on an available energy type or mixture of energy types [see fig. 10, pg. 10, ¶145 lines 1-8, to collect application data for a given application service or service type (wherein a service type is defined as a set of application services which share similar characteristics in terms of KPIs and traffic patterns within a network/slice service area)], to process the energy saving strategy for determining a control procedure related to energy consumption in the communication network [see fig. 10, pg. 10, ¶146 lines 1-7, to translate of application data to energy consumption data and/or statistics for a given service or service type within a requested service area (requested from the consumer)], wherein the control procedure related to energy consumption in the communication network is based on a determination of an available energy amount of a specific energy type [see fig. 10, pgs. 10-11, ¶147 lines 1-6, to evaluate the energy consumption data, and trigger of an event when the consumption data indicates are reaching/exceeding an energy consumption target threshold (set by the consumer or the owner of the energy resources or the application service provider)].
Although Pateromichelakis determining an available energy amount of a specific energy type, Pateromichelakis does not explicitly teach the energy type “indicated in the energy saving strategy”.
However Magnouche discloses to receive an energy saving strategy depending on an available energy type or mixture of energy types [see fig. 3, pg. 6, ¶112 lines 1-12, the target node (and correspondingly, the agent) is configured to obtain an energy profile of the target node], to process the energy saving strategy for determining a control procedure related to energy consumption in the communication network [see fig. 3: Step “301”, pg. 6, ¶114 lines 1-13, each agent (of any network device hosting an agent) is adapted to decide whether the associated network device needs energy optimization], wherein the control procedure related to energy consumption in the communication network is based on a determination of an available energy amount of a specific energy type indicated in the energy saving strategy [see fig. 3: Step “302”, pgs. 6-7, ¶117 lines 1-11, after a target node is selected for energy optimization, the agent associated with the target node is configured to determine one or more of the components to be set in a low-power state (e.g., to be turned off) … based on the device layout of the target node and traffic information of LAGs associated with the target node].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the energy type “indicated in the energy saving strategy” as taught by Magnouche in the system of Pateromichelakis to improve network energy-saving mechanisms by providing a way for each network device to optimize its local energy consumption in coordination with its neighbors [see Magnouche, pg. 1, ¶6 lines 1-5].
Regarding Claim 18,
Pateromichelakis discloses an apparatus for use by a communication network control element or communication network control function of a communication network acting as a network analytics entity [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, a network node “300”, comprising an Application Energy Data Producer (AEDP) “1032” (i.e. an Operations, Administration and Maintenance (OAM) function) or an Application Energy Data Consumer (AEDC) “1030” (i.e. 3rd party application/consumer)], the apparatus comprising at least one processing circuitry [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, the network node “300” includes a processor “305”], and at least one memory for storing instructions that [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, a memory “310” storing program code and related data], when executed by the at least one processing circuitry [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, during an implementation by the processor “305”], cause the apparatus at least [see fig(s). 3 & 10, pg. 5, ¶65 lines 1-10; pg. 10, ¶144 lines 1-18, trigger the network node “300”]:
to obtain domain specific energy consumption information in at least a part of the communication network [see fig. 10: Step “1073”, pg. 11, ¶153 lines 1-11, the AEDP “1032” collects data for deriving the energy data (which is AEE/AEC/ADV)], to receive mapping data including a mapping of location information related to a network element or network function to an energy service area or point of supply of an energy type or a mixture of energy types [see fig. 10: Step “1074”, pg. 11, ¶154 lines 1-12, the AEDP “1032” requests and receives energy KPI data from OAM “1024” (or from the MF relevant for monitoring EE) and in particular per slice instance energy consumption, or per slice subnet energy, or per RAN energy levels or the energy levels for a given geographical area], to derive [see fig. 10: Step “1075”, pg. 11, ¶155 lines 1-3, the AEDP “1032” derives], on the basis of the domain specific energy consumption information and the mapping data [see fig. 10: Step “1075”, pg. 11, ¶155 lines 1-3, based on the collected data in step(s) “1073”/ “1074”], energy mixture information related to the part of the communication network or to a communication connection in the communication network [see fig. 10: Step “1075”, pg. 11, ¶155 lines 1-3, the requested energy related data (ADV, AEE, AEC)], and to expose the energy mixture information to an internal network element [see fig. 10: Step “1076”, pg. 11, ¶156 lines 1-7, the AEDP “1032” sends the data to the consumer based on the request/subscription in step “1071”], or an external party connected to the communication network [see fig. 10: Step “1076”, pg. 11, ¶156 lines 1-7, or an Application Energy Data Consumer (AEDC) “1030” (i.e. 3rd party application/consumer)].
Although Pateromichelakis discloses exposing the energy mixture information to an internal network element, Pateromichelakis does not explicitly teach exposing the energy mixture information to “a network function”.
However Magnouche discloses obtaining domain specific energy consumption information in at least a part of the communication network [see fig. 4: Step “401”, pg. 8, ¶160 lines 1-5, obtaining, by an apparatus, an energy profile of the network device, wherein the energy profile comprises a device layout of the network device and energy consumption information associated with each component], to receive mapping data including a mapping of location information related to a network element or network function to an energy service area or point of supply of an energy type or a mixture of energy types [see fig. 4: Step “402”, pg. 8, ¶161 lines 1-3, obtaining, by the apparatus, traffic information of the network device, wherein the network device is associated with multiple link aggregation groups (LAGs)], to derive [see fig. 4: Step “403”, pg. 9, ¶162 lines 1-5, optimizing, by the apparatus], on the basis of the domain specific energy consumption information and the mapping data [see fig. 4: Step “403”, pg. 9, ¶162 lines 1-5, based on the device layout and the traffic information], energy mixture information related to the part of the communication network or to a communication connection in the communication network [see fig. 4: Step “403”, pg. 9, ¶162 lines 1-5, the energy consumption of the network device by determining one or more of the components of the network device to be set in a low-power state], and to expose the energy mixture information to an internal network element or network function [see fig. 4: Step “404”, pg. 9, ¶163 lines 1-4, requesting, by the apparatus, the one or more neighboring network devices to set one or more respective components in a low-power state based on topology of the multiple LAGs], or an external party connected to the communication network [see fig. 4: Step “404”, pg. 9, ¶163 lines 1-4; ¶164 lines 1-3, or an energy optimization agent, which is a unit of the target network device].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide exposing the energy mixture information to “a network function” as taught by Magnouche in the system of Pateromichelakis to improve network energy-saving mechanisms by providing a way for each network device to optimize its local energy consumption in coordination with its neighbors [see Magnouche, pg. 1, ¶6 lines 1-5].
Regarding Claim 19,
The combined system of Pateromichelakis and Magnouche discloses the apparatus according to claim 18.
Pateromichelakis further discloses wherein the apparatus is implemented in a network data analytics element or network data analytics function of the communication network [see pg. 8, ¶100 lines 1-4, a Network Data Analytics Function (NWDAF) and Management Data Analytics Service (MDAS)].
Allowable Subject Matter
Claims 7, 10, 13, 14 and 17 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
United States Patent Application Publication: Pateromichelakis et al. (US 2025/0300897 A1); see fig. 8, pgs. 12-13, ¶181-¶198.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUSHIL P SAMPAT whose telephone number is (469) 295-9141. The examiner can normally be reached on Mon-Fri (8 AM - 5 PM).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian Moore can be reached on (571) 272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RUSHIL P. SAMPAT/Primary Examiner- TC 2400, Art Unit 2469
1 A machine is a "concrete thing, consisting of parts, or of certain devices and combination of devices." Digitech, 758 F.3d at 1348-49, 111 USPQ2d at 1719 (quoting Burr v. Duryee, 68 U.S. 531, 570, 17 L. Ed. 650, 657 (1863)). This category "includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result." Nuijten, 500 F.3d at 1355, 84 USPQ2d at 1501 (quoting Corning v. Burden, 56 U.S. 252, 267, 14 L. Ed. 683, 690 (1854)).
2 IPXL Holdings v. Amazon.com, Inc., 430 F.3d 1377, 1384, 77 USPQ2d 1140, 1145 (Fed. Cir. 2005)