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 03/25/2026 have been fully considered but they are not persuasive.
Applicant argues that the claims provide an improvement to a technology. The Examiner disagrees. Applicant’s additional elements are being used as tools to implement the abstract idea. The claims recite:
identifying a question to be answered;
formulating a prompt based on the question;
submitting the prompt to a third-party AI/ML service;
receiving an initial answer to the question based on the submitted prompt;
validating the initial answer against data in a proprietary system;
reformulating a validated initial answer into a coding question;
submitting the coding question to the third-party AI/ML;
receiving, from the third-party AI/ML service, a coding response to the coding question;
executing the coding response in the proprietary system to generate a proprietary
response;
validating the proprietary response for one or more of security, privacy, performance, and
accuracy against data in the proprietary system;
creating a reformulated prompt based on the question and a validated proprietary
response;
submitting the reformulated prompt to the third-party AI/ML service;
receiving final results from the third-party AI/ML service; and
validating the final results based on predetermined criteria.
As shown by the underlined portions above, Applicant’s claims merely use the additional elements to implement the abstract steps.
Applicant further argues that the claims are similar to Example 47. The Examiner disagrees. Applicant’s claims directed to the use of a generic machine learning model is not analogous to a neural network preventing the transmission of malicious code. Further, Example 47 does not recite any abstract ideas, such as a mathematical concept, mental process, or a method of organizing human activity, such as a fundamental economic concept or managing interactions between people. See MPEP 2106.04(a)(2). While ANNs may be trained using mathematics, there is no mathematical concept recited in the claim. The claims of the instant application do not share this fact pattern. Accordingly, Applicant’s arguments are not persuasive and the rejections are 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 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
MPEP 2106 Step 2A-Prong 1
The claims recite:
identifying a question to be answered;
formulating a prompt based on the question;
submitting the prompt to a third-party service;
receiving an initial answer to the question based on the submitted prompt; validating the initial answer against data in a proprietary system;
reformulating a validated initial answer into a question;
submitting the question;
receiving, from the third-party service;
executing the coding response in the proprietary system to generate a proprietary response;
validating the proprietary response for one or more of security, privacy, performance, and accuracy against data in the proprietary system;
creating a reformulated prompt based on the question and a validated proprietary response;
submitting the prompt to the third-party service;
receiving final results from the third-party service; and
validating the final results based on predetermined criteria.
The claims falls into the abstract idea groupings of (b) Certain Methods Of Organizing Human Activity ** fundamental economic principles or practices (including hedging, insurance, mitigating risk) commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations) managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)** and (c) mental processes—concepts performed in the human mind- (including an observation, evaluation, judgment, opinion).
The limitations under their broadest reasonable interpretation, covers performance of commercial or legal interactions, but for the recitation of generic computer components. That is, other than recited, “non-transitory computer readable medium, memory, processor third-party AI/ML service, coding question and answer”, nothing in the claim element precludes the step from practically being certain methods of organizing human activity. Accordingly, the claims recite an abstract idea.
MPEP 2106 Step 2A-Prong 2
The recited limitations are not indicative of integration into a practical application. In particular, the claims only recite the following non-transitory computer readable medium, memory, processor third-party AI/ML service, coding question and answer. These additional elements are recited at a high-level of generality such that in conjunction with the abstract limitations, they amount to no more than:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f);
- (non-transitory computer readable medium, memory, processor)
iv. Generally linking the use of the judicial exception to a particular technological environment or field of use, -(coding question and answer, third party AI/ML service)
The claims do not include additional elements individually or in an ordered combination that are sufficient to amount to significantly more than the judicial exception. Integration into a practical application requires the additional element(s) to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception. This is not the case in the instant application. Further, as discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than: mere instructions to apply the exception using a generic computer component and generally linking the use of the judicial exception to a particular technological environment or field of use.
MPEP 2106 Step 2B
Eligibility requires that the claim recites additional elements that amount to an inventive concept (aka “significantly more”) than the recited judicial exception. As discussed above, this is where the instant application falls short. The claims do not include additional elements individually or in an ordered combination that are sufficient to amount to significantly more than the judicial exception
Dependent Claims Step 2A:
The limitations of the dependent claims but for those addressed below merely set forth further refinements of the abstract idea without changing the analysis already
presented (that is, they further limit the organizing of human activities at step 2A —
Prong One without adding any new additional elements other than those already
analyzed above with respect to the independent claims at 2A — Prong Two; While claims 2 and describe an AI/ML service and pre-seed parameters; Claims 3 and 13 describes hallucinations; Claims 4 and 14 describes reformulating the validates answer and schemas or baselines; Claim 5 and 15 describes an AI/ML service; Claims 6 and 16 describes hallucinations; Claims 7 describes a coding question; Claim 8 describes AI/ML service, but these additional elements do not remedy the deficiencies.
Dependent Claims Step 2B:
The dependent claims merely use the same general technological environment
and instructions to implement the abstract idea as the independent claims without
adding any new additional elements. Accordingly, they are not directed to significantly
more than the exception itself, and are not eligible subject matter under § 101.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONYA S JOSEPH whose telephone number is (571)270-1361. The examiner can normally be reached M-F 6:30-2:30, First Fridays Off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shannon Campbell can be reached at (571) 272-5587. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TONYA JOSEPH/Primary Examiner, Art Unit 3628