DETAILED ACTION
Notice to Applicant
This action is in reply to the filed on 3/25/2026.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1, 3, 11 and 13 have been amended.
Claims 2 and 12 have been cancelled.
Claim 1, 3-11 and 13-20 currently pending and have been examined.
Response to Amendments
The Applicant’s amendments, and cancellation, of the claims as currently submitted have been noted by the Examiner. Said amendments, and cancellation(s), are not sufficient to overcome the rejections previously set forth under 35 U.S.C. §101 and 35 U.S.C. §103, respectively. As such, said rejections are herein maintained for reasons set forth below.
The Applicant’s amendments, and cancellation, of the claims as currently submitted have been noted by the Examiner. Said amendments, and cancellation(s), are not sufficient to overcome the Examiner’s Nonstatutory Double Patenting rejection. As such, said rejection is herein maintained for reasons set forth below.
Basis for Nonstatutory Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Rejection, Nonstatutory Double Patenting – No Secondary Reference
Claims 1, 3-11 and 13-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,222,719, and over claims 1-20 of U.S. Patent No. 11,984,215. Although the claims at issue are not identical, they are not patentably distinct from each other because the differences between the conflicting claims (i.e. “display the tolerability score”, etc. versus “output an article of interest tolerability label”, versus “display the tolerability score, etc.) are minor and not distinguishing the overall appearance of one over the other.
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.
Human Interactions Organized
Applicant discloses (Applicant’s Specification, [0003]) that accurate selection and utilization of products can be challenging. So a need exists to organize these human interactions by/through informing product decisions using the steps of “receive a conditional complaint, select articles of interest, receiving and selecting certified articles of interest, classify articles of interest, display tolerability score,” etc. Applicant’s system/method is therefore a certain method of organizing the human activities as described and disclosed by Applicant.
Rejection
Claim(s) 1, 3-11 and 13-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim(s) 1 and 11 is/are directed to the abstract idea of “informing product decisions,” etc. (Applicant’s Specification, Abstract, paragraph(s) [0002]), etc., as explained in detail below, and thus grouped as a certain method of organizing human interactions. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional computer elements, which are recited at a high level of generality, provide conventional computer functions that do not add meaningful limits to practicing the abstract idea. Accordingly, claims 1, 3-11 and 13-20 recite an abstract idea.
Step 2A Prong 1 – The Judicial Exception
The claim(s) recite(s) in part, system/method for performing the steps of “receive a conditional complaint, select articles of interest, receiving and selecting certified articles of interest, classify articles of interest, display tolerability score,” etc., that is “informing product decisions,” etc. which is a method of managing personal behavior or relationships or interactions between people (social activities, teaching, following rules, instructions) and thus grouped as a certain method of organizing human interactions. Accordingly, claims 1, 3-11 and 13-20 recite an abstract idea.
Step 2A Prong 2 – Integration of the Judicial Exception into a Practical Application
This judicial exception is not integrated into a practical application because the generically recited additional computer elements (i.e. remote device, computing devices, graphical user interfaces, displays, storage devices, display adaptors, input devices, processors, peripheral interfaces, input/output systems, network interfaces, networks (Applicant’s Specification [0016], [0115]-[0120]), etc.) to perform steps of “receive a conditional complaint, select articles of interest, receiving and selecting certified articles of interest, classify articles of interest, display tolerability score,” etc. do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer and this is nothing more than an attempt to generally link the product of nature to a particular technological environment. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limit on practicing the abstract idea. Accordingly, the claims are directed to an abstract idea.
Insignificant extra-solution activity
Claim(s) 1, 3-11 and 13-20 recites storing data steps, retrieving data steps, providing data steps, output steps (Bilski v. Kappos, 561 U.S. 593, 610-12 (2010), Bancorp Servs., L.L.C. v. Sun Life Assur. Co. of Can., 771 F.Supp.2d 1054, 1066 (E.D. Mo. 2011), aff’d, 687 F.3d at 1266), and/or transmitting data step (buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355 (Fed. Cir. 2014), Apple, Inc. v. Ameranth, Inc., 842 F.3d 1299, 1241-42 (Fed. Cir. 2016)) that is/are insignificant extra-solution activity. Extra-solution activity limitations are insufficient to transform judicially excepted subject matter into a patent-eligible application (MPEP §2106.05(g)).
Step 2B – Search for an Inventive Concept/Significantly More
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because as discussed above with respect to integration into a practical application, the additional elements (i.e. remote device, computing devices, graphical user interfaces, displays, storage devices, display adaptors, input devices, processors, peripheral interfaces, input/output systems, network interfaces, networks, etc.) are recited at a high level of generality, and the written description indicates that these elements are generic computer components. Using generic computer components to perform abstract ideas does not provide a necessary inventive concept (Alice, 573 U.S. at 223 (“mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention.”)). Accordingly, the claims are not patent eligible.
Individually and in Combination
The additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. The additional elements amount to no more than generic computer components that serve to merely link the abstract idea to a particular technological environment (i.e. remote device, computing devices, graphical user interfaces, displays, storage devices, display adaptors, input devices, processors, peripheral interfaces, input/output systems, network interfaces, networks, etc.). At paragraph(s) [0016], [0115]-[0120], Applicant’s specification describes generic computer hardware for implementing the above described functions including “remote device, computing devices, graphical user interfaces, displays, storage devices, display adaptors, input devices, processors, peripheral interfaces, input/output systems, network interfaces, networks,” etc. to perform the functions of “receive a conditional complaint, select articles of interest, receiving and selecting certified articles of interest, classify articles of interest, display tolerability score,” etc. The recited “remote device, computing devices, graphical user interfaces, displays, storage devices, display adaptors, input devices, processors, peripheral interfaces, input/output systems, network interfaces, networks,” etc. does/do not add meaningful limitations to the idea of beyond generally linking the system to a particular technological environment, that is, implementation via computers. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer, or improves any other technology, or improves a technical field, or provides a technical improvement to a technical problem. Their collective functions merely provide generic computer implementation. Therefore, claims 1, 3-11 and 13-20 do not amount to significantly more than the underlying abstract idea of “an idea of itself” (Alice).
Dependent Claims
Dependent claim(s) 3-10 and 13-20 include(s) all the limitations of the parent claims and are directed to the same abstract idea as discussed above and incorporated herein.
Although dependent claims 3-10 and 13-20 add additional limitations, they only serve to further limit the abstract idea by reciting limitations on what the information is and how it is received and used. Dependent claims 3-10 and 13-20 merely describe physical structures to implement the abstract idea. These information and physical characteristics do not change the fundamental analogy to the abstract idea grouping of certain method of organizing human interactions, and when viewed individually or as a whole, they do not add anything substantial beyond the abstract idea. Furthermore, the combination of elements does not indicate a significant improvement to the functioning of a computer or any other technology. Therefore, the claims when taken as a whole are ineligible for the same reasons as independent claim(s) 1 and 11.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 3-11 and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hadad (US 2019/0295440), in view of Tatourian et al. 775 (US 2017/03100775).
CLAIM 1
As per claim 1, Hadad discloses:
a system (Hadad, [0033] system) for informing product decisions, the system comprising a computing device, the computing device designed and configured to:
receive a conditional complaint relating to a user (Hadad, (Hadad, Figure 1, Figure 6, Figure 13, Figure 20, Figure 21, Figure 23, Figure 24A, Figure 24B, Figure 25A, Figure 25B, Figure 25C, Figure 27, Figure 30, Figure 34A, Figure 34C, Figure 54, [0020], [0063], [0077], [0084], [0091], [0092], [0094], [0095], [0096], [0098], [0105], [0125], [0135], [0137], [0138], [0139], [0153]-[1600], [0161], [0263]);
to correct the conditional complaint (Hadad, Figure 1, Figure 6, Figure 13, Figure 20, Figure 21, Figure 23, Figure 24A, Figure 24B, Figure 25A, Figure 25B, Figure 25C, Figure 27, Figure 30, Figure 34A, Figure 34C, Figure 54, [0020], [0063], [0077], [0084], [0091], [0092], [0094], [0095], [0096], [0098], [0105], [0125], [0135], [0137], [0138], [0139], [0153]-[1600], [0161], [0263]);
to generate a tolerability score (Hadad, Figure 1, Figure 6, Figure 13, Figure 20, Figure 21, Figure 23, Figure 24A, Figure 24B, Figure 25A, Figure 25B, Figure 25C, Figure 27, Figure 30, Figure 34A, Figure 34C, Figure 54, [0020], [0063], [0077], [0084], [0091], [0092], [0094], [0095], [0096], [0098], [0105], [0125], [0135], [0137], [0138], [0139], [0153]-[1600], [0161], [0263]); and
display the tolerability score for each of the one or more articles of interest (Hadad, Figure 1, Figure 6, Figure 13, Figure 20, Figure 21, Figure 23, Figure 24A, Figure 24B, Figure 25A, Figure 25B, Figure 25C, Figure 27, Figure 30, Figure 34A, Figure 34C, Figure 54, [0020], [0063], [0077], [0084], [0091], [0092], [0094], [0095], [0096], [0098], [0105], [0125], [0135], [0137], [0138], [0139], [0153]-[1600], [0161], [0263])
certified (Hadad, [0159]).
However, Tatourian et al. 775 teach:
select one or more articles of interest intended (Tatourian et al. 775, [0031])
wherein selecting the one or more articles of interest intended to correct the conditional compliant comprises: receiving a plurality of articles of interest from a database; and selecting one or more articles of interest from the plurality of articles of interest as a function of the conditional complaint and at least one of user input parameters, biological extractions, and previous articles of interest (Tatourian et al. 775, [0031])
classify, using a trained classifier, the one or more articles of interest, wherein the trained classifier comprises a machine learning model (Tatourian et al. 775, [0049] apply machine learning algorithms).
One of ordinary skill in the art before the effective filing date would have found it obvious to include “select one or more articles of interest intended, “classify the one or more articles of interest,” etc. as taught by Tatourian et al. 775 within the system as taught by the Hadad with the motivation of providing recommendations in response to user queries and based on environmental data (Tatourian et al. 775, [0002], [0049]).
CLAIM 3
As per claim 3, Hadad and Tatourian et al. 775
teach the system of claim 2 and further disclose the limitations of:
wherein receiving the plurality of certified articles of interest from a database (Hadad, [0159]) comprises:
receiving a plurality of articles of interest from the database (Tatourian et al. 775, [0016], [0026], [0028], [0031], [0049], [0059], [0088]); and
generating the plurality of (Tatourian et al. 775, [0016], [0026], [0028], [0031], [0049], [0059], [0088]) certified (Hadad, [0159]) articles of interest by comparing the plurality of articles of interest to one or more compliance standards (Tatourian et al. 775, [0016], [0026], [0028], [0031], [0049], [0059], [0088]).
The obviousness of combining the teachings of Tatourian et al. 775 with the system as taught by Hadad is discussed in the rejection of claim 1, and incorporated herein.
CLAIM 4
As per claim 4, Hadad and Tatourian et al. 775
teach the system of claim 1 and further disclose the limitations of:
wherein displaying the tolerability score for each of the one or more articles of interest comprises:
selecting an end user from one or more end users for the tolerability score; and initiating a communication between the user and the end user as a function of the selection (Hadad, Figure 1, Figure 6, Figure 13, Figure 20, Figure 21, Figure 23, Figure 24A, Figure 24B, Figure 25A, Figure 25B, Figure 25C, Figure 27, Figure 30, Figure 34A, Figure 34C, Figure 54, [0020], [0063], [0077], [0084], [0091], [0092], [0094], [0095], [0096], [0098], [0105], [0125], [0135], [0137], [0138], [0139], [0153]-[1600], [0161], [0263]).
CLAIM 5
As per claim 5, Hadad and Tatourian et al. 775
teach the system of claim 1 and further disclose the limitations of:
wherein displaying the tolerability score for the one or more articles of interest further comprises displaying an interest rating for each one of the one or more articles of interest (Hadad, Figure 1, Figure 6, Figure 13, Figure 20, Figure 21, Figure 23, Figure 24A, Figure 24B, Figure 25A, Figure 25B, Figure 25C, Figure 27, Figure 30, Figure 34A, Figure 34C, Figure 54, [0020], [0063], [0077], [0084], [0091], [0092], [0094], [0095], [0096], [0098], [0105], [0125], [0135], [0137], [0138], [0139], [0153]-[1600], [0161], [0263]).
CLAIM 6
As per claim 6, Hadad and Tatourian et al. 775
teach the system of claim 1 and further disclose the limitations of:
wherein selecting the one or more articles of interest intended to correct the conditional complaint comprises:
receiving one or more previous articles of interest associated with the user (Tatourian et al. 775, [0016], [0026], [0028], [0031], [0049], [0059], [0088]); and
selecting the one or more articles of interest as a function of the one or more previous articles of interest (Tatourian et al. 775, [0016], [0026], [0028], [0031], [0049], [0059], [0088]).
The obviousness of combining the teachings of Tatourian et al. 775 with the system as taught by Hadad is discussed in the rejection of claim 1, and incorporated herein.
CLAIM 7
As per claim 7, Hadad and Tatourian et al. 775
teach the system of claim 6 and further disclose the limitations of:
wherein selecting the one or more articles of interest as a function of the one or more previous articles of interest comprises:
modifying at least a portion of metadata associated with at least one article of interest of the one or more articles of interest as a function of the one or more previous articles of interest (Tatourian et al. 775, [0016], [0026], [0028], [0031], [0040] metadata, [0049], [0059], [0088]).
The obviousness of combining the teachings of Tatourian et al. 775 with the system as taught by Hadad is discussed in the rejection of claim 1, and incorporated herein.
CLAIM 8
As per claim 8, Hadad and Tatourian et al. 775
teach the system of claim 1 and further disclose the limitations of:
wherein displaying the tolerability score for the one or more articles of interest further comprises displaying use data associated with the one or more articles of interest (Hadad, Figure 1, Figure 6, Figure 13, Figure 20, Figure 21, Figure 23, Figure 24A, Figure 24B, Figure 25A, Figure 25B, Figure 25C, Figure 27, Figure 30, Figure 34A, Figure 34C, Figure 54, [0020], [0063], [0077], [0084], [0091], [0092], [0094], [0095], [0096], [0098], [0105], [0125], [0135], [0137], [0138], [0139], [0153]-[1600], [0161], [0263]).
CLAIM 9
As per claim 9, Hadad and Tatourian et al. 775
teach the system of claim 1 and further disclose the limitations of:
wherein selecting the one or more articles of interest comprises:
receiving a plurality of articles of interest (Tatourian et al. 775, [0016], [0026], [0028], [0031], [0049], [0059], [0088]);
comparing each article of interest of the plurality of articles of interest (Tatourian et al. 775, [0016], [0026], [0028], [0031], [0049], [0059], [0088]) to one or more cost parameters (Hadad, [0020] ); and
selecting the one or more articles of interest as a function of the comparison (Tatourian et al. 775, [0016], [0026], [0028], [0031], [0049], [0059], [0088]).
The obviousness of combining the teachings of Tatourian et al. 775 with the system as taught by Hadad is discussed in the rejection of claim 1, and incorporated herein.
CLAIM 10
As per claim 10, Hadad and Tatourian et al. 775
teach the system of claim 1 and further disclose the limitations of:
wherein selecting the one or more articles of interest comprises:
receiving a plurality of articles of interest (Tatourian et al. 775, [0016], [0026], [0028], [0031], [0049], [0059], [0088]);
comparing the plurality of articles of interest to one or more user input parameters (Tatourian et al. 775, [0016], [0026], [0028], [0031], [0049], [0059], [0088]); and
selecting the one or more articles of interest as a function of the comparison (Tatourian et al. 775, [0016], [0026], [0028], [0031], [0049], [0059], [0088]).
The obviousness of combining the teachings of Tatourian et al. 775 with the system as taught by Hadad is discussed in the rejection of claim 1, and incorporated herein.
CLAIMS 11 and 13-20
As per claims 11 and 13-20, claims 11 and 13-20 are directed to a method. Claims 11 and 13-20 recite the same or similar limitations as those addressed above for claims 1 and 3-10. Claims 11 and 13-20 are therefore rejected for the same reasons set forth above for claims 1 and 3-10.
Response to Arguments
Applicant’s arguments filed 3/25/2026 with respect to claims 1, 3-11 and 13-20 have been fully considered but they are not persuasive. Applicant’s arguments will be addressed herein below in the order in which they appear in the response filed 3/25/2026.
Applicant’s arguments filed on 3/25/2026 with respect to claims 1, 3-11 and 13-20 have been fully considered but are moot in view of the new ground(s) of rejection.
Applicant argues that (A) Hadad and Tatourian et al. 775 do not render obvious the present invention because Hadad and Tatourian et al. 775 do not disclose “certified articles of interest," "wherein selecting the one or more articles of interest intended to correct the conditional compliant...," "classify, using a trained classifier, the one or more articles of interest...,” etc. in the previously presented and/or presently amended claims, (B) the Applicant’s claimed invention is directed to statutory matter.
103 Responses
In response to Applicant’s argument (A), it is respectfully submitted that the Examiner has applied/recited new passages and citations to amended claims 1, 3, 11 and 13 at the present time. The Examiner notes that the amended limitations were not in the previously pending claims. As such, Applicant’s remarks with regard to the application of Hadad and Tatourian et al. 775 to the amended limitations are addressed above in the Office Action.
101 Responses
As per Applicant’s argument (B), Applicant’s remarks with regard to the statutory nature of Applicant’s claimed invention are addressed above in the Office Action.
August 4, 2025 Memorandum
The Examiner thanks the Applicant remarks regarding the advisory August 4, 2025 Memorandum. The Examiner notes that the August 4, 2025 Memorandum contained advisory remarks but the remarks did not change the nature of examination of Applications under 35 USC 101. The Examiner asserts that the Examiner’s analysis and rejection of the Applicant’s claims under 35 USC 101 is compliant with the Office’s examination procedures under the MPEP. Applicant’s argument is not persuasive.
Applicant’s Amendments
Applicant amended claims recite “wherein selecting the one or more articles of interest intended to correct the conditional compliant comprises: receiving a plurality of certified articles of interest from a database; and selecting one or more certified articles of interest from the plurality of certified articles of interest as a function of the conditional complaint and at least one of user input parameters, biological extractions, and previous articles of interest,” “using a trained classifier,” “wherein the trained classifier comprises a machine learning model.” These are information processing steps that are part of Applicant’s abstract idea and do not move Applicant’s invention into eligible subject matter. Applicant’s argument is not persuasive.
Data Processing Step
Applicant’s amended steps of “wherein selecting the one or more articles of interest intended to correct the conditional compliant comprises: receiving a plurality of certified articles of interest from a database; and selecting one or more certified articles of interest from the plurality of certified articles of interest as a function of the conditional complaint and at least one of user input parameters, biological extractions, and previous articles of interest,” “using a trained classifier,” “wherein the trained classifier comprises a machine learning model,” are abstract computational steps that are part of Applicant’s abstract idea. In Electric Power Group the collection, manipulation and display of data has been found to be an abstract process. When claims, such as Applicant’s claims, are “directed to an abstract idea” and “merely requir[e] generic computer implementation,” they “do[] not move into [§] 101 eligibility territory.” buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1354 (Fed. Cir. 2014). Further, analysis of information by steps people go through in their minds, or by mathematical algorithms, without more, is essentially a mental processes within the abstract-idea category (Electric Power Group, 830 F.3d at 1354). Further, Applicant appears to be claiming generic computer implementation of a certain method of organsing human interaction. Therefore, Applicant’s argument is not persuasive.
Improvements – Advantageous over previous methods
The Applicant argues Applicant’s claimed inventing “improves how articles of interest are evaluated and scored in view of biological and historical interaction data,” “provides more accurate and consistent quantitative evaluations than subjective or manual methods,” etc. The test for patent-eligible subject matter is not whether the claims are advantageous over previous methods. Even if Applicant’s claims provide advantages over manual collection of data, Applicant’s claims no technological improvement beyond improvement beyond the use of generic computer components/a generic computer network. Applicant’s argument is not persuasive.
Improvements
Despite recitation of remote device, computing devices, graphical user interfaces, displays, storage devices, display adaptors, input devices, processors, peripheral interfaces, input/output systems, network interfaces, networks, Applicant’s claims are, at bottom, directed to the collection, organization, grouping and storage of data using techniques such as information processing and machine learning techniques. The remote device, computing devices, graphical user interfaces, displays, storage devices, display adaptors, input devices, processors, peripheral interfaces, input/output systems, network interfaces, networks recited in Applicant’s claims are merely tools used for organizing human activity, and are not an improvement to computer technology. This, the claims do not present any specific improvement in computer capabilities. Applicant’s arguments are nothing more than conclusory statements unmoored from specific claim language. Applicant’s argument is not persuasive.
Applicant claims the improvement of “improved how articles of interest are evaluated and scored in view of biological and historical interaction data,” “more accurate and consistent quantitative evaluations than subjective or manual methods,” etc. It has been held that it is not enough to merely improve a fundamental practices or abstract process by invoking a computer merely as a tool (Affinity Labs. of Texas, LLC v. DIRECTV, LLC, In re TLI Communications LLC Patent Litigation). In Intellectual Ventures I LLC v. Capital One Bank (USA), it was held that “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” was insufficient to render the claims patent eligible. In SAP America, Inc. v InvestPic, LLC it was held that patent directed to “selecting certain information, analyzing it using mathematical techniques, and reporting or displaying results,” are ineligible, and claims focused on an improvement in wholly abstract ideas are ineligible. Further, invocation of “already-available computers that are not themselves plausibly asserted to be in advance…amounts to a recitation of what is well-understood, routine, and conventional” (SAP America, Inc. v InvestPic, LLC). Accordingly, Applicant’s argument is not persuasive.
Step 2A, Prong 2, Abstract Idea Cannot Supply the Inventive Concept
Applicant’s reliance on “improved how articles of interest are evaluated and scored in view of biological and historical interaction data,” “more accurate and consistent quantitative evaluations than subjective or manual methods,” etc. is misplaced because “the abstract idea itself cannot supply the invention concept, no matter how groundbreaking the advance” (Trading Technologies International, Inc. v IBG LLC). Thus, the claims do not integrate the recited abstract idea into a practical application. Accordingly, Applicant’s argument is not persuasive.
Step 2B, Generic Components Do Not Provide an Inventive Concept
Generic components such as Applicant’s recited “remote device, computing devices, graphical user interfaces, displays, storage devices, display adaptors, input devices, processors, peripheral interfaces, input/output systems, network interfaces, networks,” etc. do not provide an inventive concept (Mortgage Grader, Inc. v First Choice Loan Services Inc. “generic computer components such as ‘interface’, ‘network’ and ’database’…do not satisfy the inventive concept requirement). Again, “the abstract idea itself cannot supply the invention concept, no matter how groundbreaking the advance” (Trading Technologies International, Inc v IBG LLC). Thus, the claims do not integrate the recited abstract idea into a practical application. Accordingly, Applicant’s argument is not persuasive.
2019 PEG Neither Limiting nor Exhaustive
Further, the enumerated examples in the 2019 PEG are neither limiting nor exhaustive. They are exemplary. Applicant’s argument is not persuasive.
Integration into a Practical Application
Integration into a practical application requires additional elements or a combination of additional elements in the claims to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception (e.g. Enfish, McRO and Vanda) (2019 PEG).
Applicant’s “remote device, computing devices, graphical user interfaces, displays, storage devices, display adaptors, input devices, processors, peripheral interfaces, input/output systems, network interfaces, networks” is/are not an additional element(s) that reflects in the an improvement in the functioning of a computer, is/are not an additional element(s) that applies or uses the judicial exception to effect a particular treatment or prophylaxis, is/are not an additional element(s) that effects a transformation or reduction of a particular article to a different state or things, and is/are not an additional element(s) that applies or uses the judicial exception beyond generally linking the use of the judicial exception to a particular technological environment for the reasons explained in the 101 rejection above. Applicant’s “remote device, computing devices, graphical user interfaces, displays, storage devices, display adaptors, input devices, processors, peripheral interfaces, input/output systems, network interfaces, networks” is/are merely tools used by Applicant to implement data processing. Data processing is an abstract idea. Applicant’s argument is not persuasive.
Berkheimer/Well Understood, Routine, Conventional
Further, the Examiner maintains the position that the additional elements are well understood, routine, and conventional. The Examiner supports this position that the elements are well understood, routine, and conventional above in the Office Action by pointing to the Applicant’s Specification at [0016], [0115]-[0120]] where embodiments of Applicant’s claimed invention are composed of “remote device, computing devices, graphical user interfaces, displays, storage devices, display adaptors, input devices, processors, peripheral interfaces, input/output systems, network interfaces, networks”, etc. and the like.
McRo, Inc.
Further, the claims in McRo, Inc. dba Planet Blue v. Bandai Namco Games America Inc., are directed to an improvement in computer animation. The invention employs a computer to perform a “distinct” process to automate a task previously performed by humans. However, the claimed rules, not the use of the computer, are what improves the existing technological process by allowing automation of tasks. Simply adding a generic computing device that performs routine and conventional functions or presenting abstract claims that are directed to generalized steps to be performed on a computer using conventional computer activity (i.e. receive a conditional complaint, select articles of interest, receiving and selecting certified articles of interest, classify articles of interest, display tolerability score, etc.) is not equivalent or similar to addressing a computer animation challenge as is the case in McRo, Inc. dba Planet Blue v. Bandai Namco Games America Inc. While the claims are directed to a process that is performed on a computer, they are not directed to a computer animation challenge. In fact, the claims are not directed to computer animation at all or functions that are particular to computer animation as is the case in the claims of McRo, Inc. dba Planet Blue v. Bandai Namco Games America Inc. Therefore, because the claims fail to provide a technical solution to any computer animation challenges, the ordered combination of limitations do not amount to significantly more than a method of managing interactions between people and thus grouped as a certain method of organizing human interactions. Accordingly, the claims recite an abstract idea. As explained above, this judicial exception is not integrated into a practical application. Further, as explained above, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Accordingly, the claims are not patent eligible. Applicant’s argument is not persuasive.
Conclusion
Applicant’s amendment necessitated the new ground(s) for rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set for 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 extension free 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 date of this final action.
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/C. P. C./
Examiner, Art Unit 3683
/ROBERT W MORGAN/Supervisory Patent Examiner, Art Unit 3683
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