DETAILED ACTION
This action is in response to an amendment filed on April 20, 2026 for the application of Dang et al., for a “Reducing the amount of anomaly detection noise in a distributed computing environment” filed on May 10, 2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending in the application.
Claims 1, 9, 10, and 18 have been amended.
Claims 1-20 are rejected under 35 USC § 101.
Claim Rejections - 35 USC § 112
In view of the applicant’s amendments, the previous rejection of claim has been withdrawn.
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 an abstract idea without significantly more. The claim(s) recite(s) mental processes-concepts performed in human mind in addition to mathematical relationships/calculations.
Claim 1 recites abstract ideas:
calculating, based on the first health data, a historic center value indicating a health of the plurality of resources during the first period of time corresponds to mathematical relationships, mathematical formulas or equations, and mathematical calculations. Calculating a center value is merely a mathematical calculation.
calculating, based on the first health data, a spread value for the historic center value corresponds to mathematical relationships, mathematical formulas or equations, and mathematical calculations. Calculating a spread value is merely a mathematical calculation.
establishing a first threshold associated with the historic center value based on a first multiple of the spread value, wherein the first threshold triggers a transition for the entity from a first health state to a second health state corresponds to mathematical relationships, mathematical formulas or equations, and mathematical calculations. Establishing a threshold is merely a mathematical calculation.
establishing a second threshold associated with the historic center value based on a second multiple of the spread value that is different than the first multiple of the spread value, wherein: the second threshold triggers a transition for the entity from the second health state back to the first health state; and the second threshold is offset from the first threshold to reduce noise associated with providing indications of insignificant health data changes with respect to the first threshold corresponds to mathematical relationships, mathematical formulas or equations, and mathematical calculations. Establishing a threshold is merely a mathematical calculation.
determining, based on a first comparison of the current value to the first threshold at a first time during the second period of time, that the current value crosses the first threshold corresponds to data analysis steps recited at high level of generality such that they could be performed in the human mind, which are mental processes. A human operator can evaluate/analyze data based on threshold comparisons and determine which values cross the threshold.
providing, based on the determining that the current value crosses the first threshold, a first indication that the entity has transitioned from the first health state to the second health state corresponds to data analysis steps recited at high level of generality such that they could be performed in the human mind, which are mental processes. A human operator can evaluate/analyze data based on threshold comparisons and indicate which values cross the threshold.
determining, based on a second comparison of the current value to the second threshold at a second time during the second period of time that is after the first time, that the current value crosses the second threshold corresponds to data analysis steps recited at high level of generality such that they could be performed in the human mind, which are mental processes. A human operator can evaluate/analyze data based on threshold comparisons and determine which values cross the threshold.
providing, based on the determining that the current value crosses the second threshold, a second indication that the entity has transitioned from the second health state back to the first health state corresponds to data analysis steps recited at high level of generality such that they could be performed in the human mind, which are mental processes. A human operator can evaluate/analyze data based on threshold comparisons and indicate which values cross the threshold.
Claim 1 does not recite additional elements that integrate the judicial exceptions into practical application.
an entity executing via a distributed computing environment amounts to mere instructions to implement the abstract ideas on a computer, which is mere instructions to apply the exception using generic computer components (MPEP 2106.05(f)).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are mere instructions to implement an abstract idea or other exception on a computer and in this case generic computer components (MPEP 2106.05(f)).
The limitations of “receiving first health data corresponding to a plurality of resources upon which the entity depends, wherein the first health data includes historic values established based on whether a resource, of the plurality of resources, is healthy or unhealthy at a given time during a first period of time” and “continually receiving, during a second period of time, second health data corresponding to the plurality of resources, wherein the second health data includes a current value established based on whether the resource, of the plurality of resources, is healthy or unhealthy at a present time during the second period of time” as claimed under the broadest reasonable interpretation, is an additional element that is insignificant extra-solution activity. For example, “receiving” in the context of this claim encompasses mere data gathering (MPEP 2106.05(g)).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are mere instructions to implement an abstract idea or other exception on a computer and in this case generic computer components (MPEP 2106.05(f)).
Additionally, with regards to “receiving”, per MPEP 2106.05(d)(II), the courts have recognized the following computer functions as well-understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity:
i. 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); TLI Communications LLC V. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., V. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. V. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network).
As for the limitations recited in claims 2-9, when considering each of the claims as a whole these additional elements do not integrate the exception into a practical application, using one or more of the considerations laid out by the Supreme Court and the Federal Circuit. The additional elements do not reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field. The additional elements do not implement a judicial exception with, or use a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim. The additional element do not apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
As per claim 10, with the exception of the recitation of the limitations “a processing system; and a computer readable storage medium storing instructions that, when executed by the processing system, cause the system to perform operations”, the rest of the limitations can be performed by a human mind or with the aid of pen and paper. (MPEP 2106.04(a)(2)) and/or are directed to mathematical relationships/calculations (MPEP 2106.04(a)(2) I. A. and C.). Please refer to analysis section for claim 1 for further details.
As per claims 11-17 and 18-20, please refer to analysis section for claims 1-9.
For the reasons stated above, claims 1-20 are not patent eligible.
Claim Rejections - 35 USC § 103
In view of the applicant’s amendments, the previous rejection of claim has been withdrawn.
Response to Arguments
Applicant's arguments filed on April 20, 2026, with respect to 35 USC § 101 rejections have been fully considered but they are not persuasive.
Applicant argues that claims are not directed to abstract ideas that can be performed in a human mind. The examiner would like to point out that claims have been rejected because the claims recite mental processes-concepts performed in human mind in addition to mathematical relationships/calculations.
The Examiner would like to point out to that claims 1, 10, and 18 recite abstract ideas:
calculating, based on the first health data, a historic center value indicating a health of the plurality of resources during the first period of time corresponds to mathematical relationships, mathematical formulas or equations, and mathematical calculations. Calculating a center value is merely a mathematical calculation.
calculating, based on the first health data, a spread value for the historic center value corresponds to mathematical relationships, mathematical formulas or equations, and mathematical calculations. Calculating a spread value is merely a mathematical calculation.
establishing a first threshold associated with the historic center value based on a first multiple of the spread value, wherein the first threshold triggers a transition for the entity from a first health state to a second health state corresponds to mathematical relationships, mathematical formulas or equations, and mathematical calculations. Establishing a threshold is merely a mathematical calculation.
establishing a second threshold associated with the historic center value based on a second multiple of the spread value that is different than the first multiple of the spread value, wherein: the second threshold triggers a transition for the entity from the second health state back to the first health state; and the second threshold is offset from the first threshold to reduce noise associated with providing indications of insignificant health data changes with respect to the first threshold corresponds to mathematical relationships, mathematical formulas or equations, and mathematical calculations. Establishing a threshold is merely a mathematical calculation.
determining, based on a first comparison of the current value to the first threshold at a first time during the second period of time, that the current value crosses the first threshold corresponds to data analysis steps recited at high level of generality such that they could be performed in the human mind, which are mental processes. A human operator can evaluate/analyze data based on threshold comparisons and determine which values cross the threshold.
providing, based on the determining that the current value crosses the first threshold, a first indication that the entity has transitioned from the first health state to the second health state corresponds to data analysis steps recited at high level of generality such that they could be performed in the human mind, which are mental processes. A human operator can evaluate/analyze data based on threshold comparisons and indicate which values cross the threshold.
determining, based on a second comparison of the current value to the second threshold at a second time during the second period of time that is after the first time, that the current value crosses the second threshold corresponds to data analysis steps recited at high level of generality such that they could be performed in the human mind, which are mental processes. A human operator can evaluate/analyze data based on threshold comparisons and determine which values cross the threshold.
providing, based on the determining that the current value crosses the second threshold, a second indication that the entity has transitioned from the second health state back to the first health state corresponds to data analysis steps recited at high level of generality such that they could be performed in the human mind, which are mental processes. A human operator can evaluate/analyze data based on threshold comparisons and indicate which values cross the threshold.
Claim 1 does not recite additional elements that integrate the judicial exceptions into practical application.
an entity executing via a distributed computing environment amounts to mere instructions to implement the abstract ideas on a computer, which is mere instructions to apply the exception using generic computer components (MPEP 2106.05(f)).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are mere instructions to implement an abstract idea or other exception on a computer and in this case generic computer components (MPEP 2106.05(f)).
The limitations of “receiving first health data corresponding to a plurality of resources upon which the entity depends, wherein the first health data includes historic values established based on whether a resource, of the plurality of resources, is healthy or unhealthy at a given time during a first period of time” and “continually receiving, during a second period of time, second health data corresponding to the plurality of resources, wherein the second health data includes a current value established based on whether the resource, of the plurality of resources, is healthy or unhealthy at a present time during the second period of time” as claimed under the broadest reasonable interpretation, is an additional element that is insignificant extra-solution activity. For example, “receiving” in the context of this claim encompasses mere data gathering (MPEP 2106.05(g)).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are mere instructions to implement an abstract idea or other exception on a computer and in this case generic computer components (MPEP 2106.05(f)).
Additionally, with regards to “receiving”, per MPEP 2106.05(d)(II), the courts have recognized the following computer functions as well-understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity:
i. 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); TLI Communications LLC V. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., V. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. V. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network). Please refer to the 35 USC § 101 rejection section for further details/analysis.
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Elmira Mehrmanesh whose telephone number is (571)272-5531. The examiner can normally be reached on M-F from 10-6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bryce Bonzo, can be reached at telephone number (571) 272-3655. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Elmira Mehrmanesh/
Primary Examiner, Art Unit 2113
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