DETAILED ACTION
Claims 1-20 are presented for examination.
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.
Claim 19 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter.
As per claim 19, the claim language recites a “computing system”. However, it appears that the system would reasonably be interpreted by one of ordinary skill in the art as software, per se, failing to be tangibly embodied or include any recited hardware as part of the system. The only potential hardware element is “one or more computing devices,” but the instant specification specifically notes the existence of “an amount of various computing resources, such as virtual or physical computing devices.” Virtual computing devices would be nothing more than software. Software alone is directed to non-statutory subject matter. Applicant is advised to amend the claims to include a hardware element (i.e., a processor and/or memory) in order to overcome the 101 rejection.
Allowable Subject Matter
Claims 1-18 and 20 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gregory Kessler whose telephone number is (571)270-7762. The examiner can normally be reached M-Th 8:30 - 5, Alternate Fridays 8:30-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bradley Teets can be reached at (571)272-3338. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY A KESSLER/Primary Examiner, Art Unit 2197
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