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 Objections
Claims 1, 2, 9, 10 are objected to because of the following informalities: Claims have a reference to an element “(10”) which needs to be removed from the claim language. Appropriate correction is required.
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 1-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed towards an abstract idea without significantly more.
Claims 1 and 9 are directed towards steps of "compensating a temperature shock..." by the use of mathematical formulas.
Each of these limitations would be practical to perform in the mind with the aid of pencil and paper, thus directed towards a mental process (see MPEP $2106.04(a)(2)(III)). Each of these limitations work together to work on a set of data, go through some optimization processes, and return a value of the liquid flow rate. As result, the limitations listed recite an abstract idea.
This judicial exception is not integrated into a practical application. The claims 1 further recites steps of "comparing, " "adjusting," “assigning,” and "adding" which aid in the generic data gathering steps. The additional elements have been considered alone, and in combination with the claimed invention as a whole, but does not integrate the abstract idea into a practical application. As result, the invention is directed towards an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more that the judicial exception. The data gathering steps are well understood routine and conventional MPEP 2106.05(g).
Claims 2-8 and 10-16 do not contain any additional elements that would integrate the abstract idea into a practical application.
Pertinent Art Cited
See PTO-892 for pertinent art cited.
Conclusion
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/SUJOY K KUNDU/Supervisory Patent Examiner, Art Unit 2471
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