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 .
Response to Arguments
Applicant's arguments filed with respect to the rejection made under §103 have been fully considered but are persuasive. The amendments overcome the rejection. The rejection is withdrawn.
Applicant's arguments filed with respect to the rejection made under § 101 have been fully considered but they are not persuasive.
Applicant argues that the amended claims are directed to a practical application constituting a technical improvement.
The problem highlighted in the Arguments is at the abstract layer of organizing human activities, not one borne out of technology. The problems noted in Specification do not highlight any failures of modern computers. These are business implementation problems and do not set forth any deficiencies that are particular to computer capabilities or any other technology. "In sum, 'software can make non-abstract improvements to computer technology just as hardware improvements can.' Enfish, 822 F.3d at 1335. But to be directed to a patent-eligible improvement to computer functionality, the claims must be directed to an improvement to the functionality of the computer or network platform itself." Customedia Techs., LLC v. Dish Network Corp., 951 F.3d 1359, 1365 (Fed. Cir. 2020) (emphasis added).
These elements are all abstract and when viewed in combination only amount to applying the abstract idea on generic computers. "Examiners evaluate integration into a practical application by: (1) identifying whether there are any additional elements recited in the claim beyond the judicial exception(s); and (2) evaluating those additional elements individually and in combination to determine whether they integrate the exception into a practical application…" MPEP 2106.04(d) II. (emphasis added).
Accordingly, the rejection is maintained.
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 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter (a judicial exception without significantly more). Claims are eligible for patent protection under § 101 if they are in one of the four statutory categories and not directed to a judicial exception to patentability. Alice Corp. v. CLS Bank Int'l, 573 U.S. 208 (2014). Claims 1-20, each considered as a whole and as an ordered combination, are directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1 recites a system. Claim 12 recites a method. Claim 20 recites at least one non-transitory computer-readable media.
Step 2A, prong 1: Claim 12 recites the abstract idea of recommending home devices. This idea is described by the following steps:
A method comprising:
receiving home data indicating one or more connected devices that are present in a home;
using historical home data collected from a plurality of homes that includes (i) combinations of connected devices installed in the plurality of homes, and (ii) feedback data indicating a performance level of each of the combinations of connected devices within the associated home, generating a connected home device recommendation based upon the received home data, the connected home device recommendation including at least one recommended connected home device, wherein at least one recommended connected home device is compatible with the one or more connected home devices that are present in the home to improve a condition associated with the home; and
communicating recommendation data to a user including a home device recommendation.
Claims 1 and 20 recite equivalent limitations.
This idea falls into the certain methods of organizing human activity grouping of abstract ideas as it is directed towards commercial interactions including advertising, marketing or sales activities or behaviors (i.e., recommending home devices compatible with other devices).
Step 2A, prong 2: Claims 1, 12 and 20 recite additional elements that fail to integrate the abstract idea into practical application.
Claims 1, 12 and 20 recite a processor; a memory and one or more non-transitory, computer-readable media storing instructions that are executable by the one or more processors to cause the computing system to perform operations. However, these elements are generic computing components (see at least paragraphs 129) that are simply used to perform operations that would otherwise be abstract (see MPEP2106.05(f)).
Claims 1, 12 and 20 additionally recite using a generative AI model, However, the machine-learned models are recited at a high level of generality and are merely used as tools to perform the process (i.e., determine a device compatible with other devices) (see MPEP 2106.05(f)).
Claims 1, 12 and 20 additionally recite causing the user device to generate a user interface (i.e., recommending home devices compatible with other devices) (see MPEP 2106.05(f)). However, these limitations are considered insignificant extra solution activity as they amount to necessary data gathering and outputting, wherein all uses of the recited abstract idea require such data gathering (i.e. receiving home data) and data output (i.e. displaying recommendations) (see2106.05(g)). Note how the abstract idea above includes the offer and menu communicating aspects of the claimed modifying steps.
Step 2B: Claims 1, 12 and 20 fail to recite additional elements that amount to an inventive concept.
For the reasons identified with respect to Step 2A, prong 2, claims 1, 12 and 20 fail to recite additional elements that amount to an inventive concept. For example, use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general-purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more (see MPEP 2106.05(g)).
With respect to the limitations determined to be insignificant extra solution activity, these elements are similar to at least the following concepts determined by the courts to be insignificant extra solution activity that does not amount to significantly more than the abstract idea:
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information). For example, at least paragraph 31 describes a network system that facilitates a request for services received from a user including a selection of a merchant.
Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93. For example, at least paragraph 107describes presenting an offer for an add-on order to be added to a primary order.
Dependent Claims Step 2A:
The limitations of the dependent claims merely set forth further refinements of the abstract idea identified at step 2A—Prong One, without changing the analysis already presented. Additionally, for the same reasons as above, the limitations fail to integrate the abstract idea into a practical application because they use the same general technological environment and instructions to implement the abstract idea as the independent claims identified at step 2A—Prong Two.
Dependent Claims Step 2B:
The dependent claims merely use the same general technological environment and instructions to implement the abstract idea. These do not amount to significantly more for the same reasons they fail to integrate the abstract idea into a practical application. Moreover, the Specification also indicates this is the routine use of known components for the same reasons presented with respect to the elements in the independent claims above.
Thus, when considering the combination of elements and the claimed invention as a whole, the claims are not patent eligible.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for indicating allowable subject matter:
The prior art of record neither anticipates nor renders obvious the combination of:
receiving home data indicating one or more connected devices that are present in a home; using inputting the received home data into a generative artificial intelligence (AI) AI model, generating that generates a connected home device recommendation based upon the received home data, the generative AI model trained using historical home data collected from a plurality of homes that includes (i) combinations of connected devices installed in the plurality of homes, and (ii) feedback data indicating a performance level of each of the combinations of connected devices within the associated home, the connected home device recommendation including at least one recommended connected home device, wherein at least one recommended connected home device is compatible with the one or more connected home devices that are present in the home to improve the performance level of the connected home device within a condition associated with the home; and transmitting recommendation data to a user device that, when received by the user device, causes the user device to generate a user interface including the connected home device recommendation.
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.
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/MILA AIRAPETIAN/Primary Examiner, Art Unit 3688