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 .
DETAILED ACTION
1. This action is responsive to the application filed on February 5, 2024.
2. Claims 1-6 and 11-22 have been examined.
Claim Rejections - 35 USC 101
3. 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.
4. Claims 1-6 and 11-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1, 11, and 17 are within at least one of the four categories of patent eligible subject matter.
Prong 1, Step 2A: under its broadest reasonable interpretation, "downloading an application of a first operating system; the application of the first operating system includes an application program package of the first operating system; parsing the application program package of the first operating system by a package manager of the first operating system to obtain parsed information; generating a first data package, based on the parsed information, according to a predetermined communication structure; sending the first data package to a permission management module of a second operating system; judging whether to allow an installation of the application of the first operating system by the permission management module; and installing the application of the first operating system in the second operating system based on the judgment that allows the installation of the application of the first operating system" cover performance of the limitation in the mind but for the recitation of a generic processing device. Thus these claim limitations fall within the "Mental Processes" grouping of abstract ideas under Prong 1 Step 2A.
Prong 2, Step 2A: the judicial exception is not integrated into a practical application. Additional elements (non-transitory computer-readable media, processors, a device, microservices, system and subsystem) are recited at high level of generality. Accordingly, these elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea according to MPEP 2106.05(g).
Prong 2, Step 2B: the additional elements, considering them both individually and in combination, are not sufficient to amount to significantly more than the judicial exception itself. As discussed above, elements that are mere use of generic computer elements to implement the abstract idea, and the processes are insignificant extra-solution activity which are recognized as well-understood, routine, conventional activity, according to MPEP 2106.05(d). Accordingly, the claim does not appear to be patent eligible under 35 USC 101.
Claim 2: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 3: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 4: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 5: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 6: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 12: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 13: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 14: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 15: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 16: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 18: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 19: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 20: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 21: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 22: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Allowable Subject Matter
5. The following is an examiner’s statement of reasons for allowance:
US 9,398,087 to Hosie et al. discloses secure deployment of an application across deployment locations which comprises providing an application for analysis wherein the application is capable of being divided into processing nodes which can be deployed in different locations.
US 12,561,125 to Vohra et al. discloses deploying software application across a plurality of dusters which includes deploying a irst deployable component to afirst cluster and deploying asecond deployable component to a second duster.
However, neither Hosie nor Vohra anticipates or renders obvious the combination set forth in the independent claims recited as "parsing the application program package of the first operating system by a package manager of the first operating system to obtain parsed information; generating a first data package, based on the parsed information, according to a predetermined communication structure," "sending the first data package to a permission management module of a second operating system," and "installing the application of the first operating system in the second operating system based on the judgment that allows the installation of the application of the first operating system."
That is, Hosie and Vohra disclose deploying applications across locations/ clusters but do not disclose the specific limitations as required above in all independent claims.
Resolving the 35 U.S.C. 101 issue would put the case in condition for allowance.
Conclusion
6. Any inquiry concerning this communication should be directed to examiner Thuy (Twee) Dao, whose telephone/fax numbers are (571) 272 8570 and (571) 273 8570, respectively. Examiner can normally be reached from Monday to Friday, 5:30am - 2:00pm ET.
If attempts to reach Examiner by telephone are unsuccessful, Examiner’s supervisor, Hyung (Sam) Sough, can be reached at (571) 272 6799.
The fax phone number for the organization where this application or proceeding is assigned is (571) 273 8300.
Any inquiry of a general nature of relating to the status of this application or proceeding should be directed to the TC 2100 Group receptionist whose telephone number is (571) 272 2100.
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/Thuy Dao/Primary Examiner, Art Unit 2192