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 .
Remarks
Claims 1-28 are pending.
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 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites “A method of test plan generation for live testing a communication network, comprising: - generating test configurations under which a plurality of test suite items (TSIs) are to be run on the communication network; - merging call paths in a plurality of groups of call paths, according to intersections of the call paths on which each of the plurality of TSIs are to be applied, and environment coverage associated with each of the plurality of TSIs; - selecting a test method to be used for each of a plurality of configured instances (Cls) in each of the call paths associated with one of the plurality of groups of call paths; - creating an initial Unified Modeling Language (UML) Testing Profile (UTP) model by mapping the TSIs to UTP test cases, thereby generating test runs, and deleting any duplicate test runs; - ordering test runs on the communication network based on precedence relationships between associated TSIs and based on associated test configurations; and - selecting a test runtime framework for each TSI, to be executed in a test session, for which the test plan is generated”.
The limitations of “A method of test plan generation for live testing generic computer components. That is, other than reciting “a communication network”, nothing in the claim precludes the steps from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2).
This judicial exception is not integrated into a practical application. In particular, the claim recites an additional element – using “a communication network” to perform the claimed steps. The “communication network” in these steps is recited at a high-level of generality (i.e., as “a communication network” performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d).
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using “a communication network” to perform the claimed steps amounts to no more than mere instructions to apply the exception using a generic computer component. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 2 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, wherein the test configurations are based on a system configuration and an environment coverage criterion provided as input for each TSI”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 3 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, wherein the step of merging call paths takes as input a test suite a TSI call path matrix, an environment coverage-TSI matrix, and a Cls call graph”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 4 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 3, wherein the step of merging call paths outputs a set of groups of TSIs and wherein the test runs of TSIs of each group under a given test configuration are invoked within a same UTP TestCase in a final UTP TestExecutionSchedule model”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 5 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 4, wherein a call path is merged with a set of paths if the call path is a super-path to a max-path of the set of paths, and if a width of mixtures in which the call path is to be covered is greater than or equal to a maximum width in which the max-path of the set of paths is to be covered; or the call path is a sub-path of the max-path of the set of paths, and there exists at least one mixture width in which the max-path of the set of paths is to be covered that is greater than or equal to the width of the mixtures in which the call path is to be covered”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 6 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, wherein the step of selecting a test method takes as input the groups of call paths, which include TSIs and associated paths, a system configuration, a call graph of the Cls, an isolation cost matrix, a TSI execution time and an acceptable outage; and wherein selecting the test method takes as input an availability of resources, a cost of isolation, dependencies between Cls, and an amount of tolerable disturbance for each SI”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 7 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, wherein the step of selecting a test method comprises: - if only one test method is applicable, based on an applicability check, selecting the only one test method; - if more than one test method is applicable, selecting the test method based on a precedence, in order from first to last: single step, big flip, small flip, and, rolling paths; and - if there is any conflict between two Cls, setting the test method as a preferred test method for the CI with a bigger number of mixtures”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 8 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, wherein the step of ordering the test runs takes as input the test plan, with test runs in arbitrary order, and a test suite precedence matrix”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, wherein the step of ordering the test runs comprises using operators for: - ordering test runs by changing an order of invocation of TSIs within a same UTP TestCase; - ordering test runs by changing an order of UTP TestCases to order test runs based on test configurations involved in the test runs; and - ordering test runs by changing the UTP TestCase within which a TSI is invoked”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, wherein the step of ordering the test runs further compnses: - if a subset of UTP TestCases in which a leading TSI is invoked includes a subset of UTP TestCases in which a following TSI is invoked, then ordering invocations of the TSIs within the same UTP TestCase of the subset of UTP TestCases in which the following TSI is invoked in such a way that the following TSI is always invoked after the leading TSI; - if the subset of UTP TestCases in which the following TSI is invoked is a union of a subset of UTP TestCases in which the leading TSI is invoked and a subset of UTP TestCases in which the leading TSI is not invoked; then, for the first subset of the union, ordering the invocations of the TSIs within the same UTP TestCase in such a way that the following TSI is invoked after the leading TSI, and follow up with the second subset of the union in which the leading TSI is not invoked; and - else, ordering test runs by changing the UTP TestCase within which a TSI is invoked to move invocations of the following TSI to the first UTP TestCase in which it can be invoked, while maintaining a precedence constraint”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 11 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, wherein the step of ordering the test runs further comprises: - for each call path, starting from a random UTP TestCase as the current UTP TestCase; and - selecting a next UTP TestCase as the one most similar to the current UTP TestCase; wherein if more than one UTP TestCases change the same number of mixtures of the test configuration as the current UTP TestCase, the TestCase that changes the less critical Cls is chosen”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 12 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, wherein selecting the test runtime framework takes as input a test objective, a test runtime framework deployment cost, a TSI-test runtime framework matrix, and a refined UTP model obtained from the ordering”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 13 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, wherein the step of selecting the test runtime framework further comprises adding a TestObjective to the UTP model, choosing a most suitable runtime framework deployment by identifying a runtime framework of the TSI from a TSI-test runtime framework matrix, checking deployment options of the most suitable runtime framework and a test runtime framework deployment cost, and choosing a least disturbing option; wherein an order of precedence between the deployment options is, in order from first to last: container deployment, VM deployment, and deployment using a configuration manager when no other option is available”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites “A system for test plan generation for live testing a communication network comprising processing circuits and a memory, the memory containing instructions executable by the processing circuits whereby the system is operative to: - generate test configurations under which a plurality of test suite items (TSIs) are to be run on the communication network; - merge call paths in a plurality of groups of call paths, according to intersections of the call paths on which each of the plurality of TSIs are to be applied, and environment coverage associated with each of the plurality of TSIs; - select a test method to be used for each of a plurality of configured instances (Cls) in each of the call paths associated with one of the plurality of groups of call paths; - create an initial Unified Modeling Language (UML) Testing Profile (UTP) model by mapping the TSIs to UTP test cases, thereby generating test runs, and deleting any duplicate test runs; - order test runs on the communication network based on precedence relationships between associated TSIs and based on associated test configurations; and - select a test runtime framework for each TSI, to be executed in a test session, for which the test plan is generated”.
The limitations of “containing instructions executable by
This judicial exception is not integrated into a practical application. In particular, the claim recites an additional element – using “a system”, “a communication network” and “processing circuits and a memory” to perform the claimed steps. The “system”, “communication network” and “processing circuits and a memory” in these steps is recited at a high-level of generality (i.e., as “a system”, “a communication network” and “processing circuits and a memory” performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d).
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using “a system”, “a communication network” and “processing circuits and a memory” to perform the claimed steps amounts to no more than mere instructions to apply the exception using a generic computer component. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “
Claim 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 17 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 18 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 19 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The system of claim 14, further operative to select a test method according to: - if only one test method is applicable, based on an applicability check, select the only one test method; - if more than one test method is applicable, select the test method based on a precedence, in order from first to last: single step, big flip, small flip, and, rolling paths; and - if there is any conflict between two Cls, set the test method as a preferred test method for the CI with a bigger number of mixtures”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 21 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The system of claim 14, wherein the ordering of the test runs takes as input the test plan, with test runs in arbitrary order, and a test suite precedence matrix”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 22 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 23 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “invocations of the TSIs within the same UTP TestCase in such a way that the following TSI is invoked after the leading TSI, and follow up with the second subset of the union in which the leading TSI is not invoked; and - else, order test runs by changing the UTP TestCase within which a TSI is invoked to move invocations of the following TSI to the first UTP TestCase in which it can be invoked, while maintaining a precedence constraint”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 24 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The system of claim 14, further operative to order the test runs according to: - for each call path, start from a random UTP TestCase as the current UTP TestCase; and - select a next UTP TestCase as the one most similar to the current UTP TestCase; wherein if more than one UTP TestCases change the same number of mixtures of the test configuration as the current UTP TestCase, the TestCase that changes the less critical Cls is chosen”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 25 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The system of claim 14, wherein the test runtime framework selection takes as input a test objective, a test runtime framework deployment cost, a TSI-test runtime framework matrix, and a refined UTP model obtained from the ordering”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 26 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The system of claim 14, wherein the the test runtime framework selection further comprises to: add a TestObjective to the UTP model, choose a most suitable runtime framework deployment by identifying a runtime framework of the TSI from a TSI-test runtime framework matrix, check deployment options of the most suitable runtime framework and a test runtime framework deployment cost,-4±-1,- and choose a least disturbing option; wherein an order of precedence between the deployment options is, in order from first to last: container deployment, VM deployment, and deployment using a configuration manager when no other option is available”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 27 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “
Claim 28 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites “A non-transitory computer readable media having stored thereon instructions for test plan generation for live testing a communication network, the instructions comprising: - generating test configurations under which a plurality of test suite items (TSIs) are to be run on the communication network; - merging call paths in a plurality of groups of call paths, according to intersections of the call paths on which each of the plurality of TSIs are to be applied, and environment coverage associated with each of the plurality of TSIs; - selecting a test method to be used for each of a plurality of configured instances (Cls) in each of the call paths associated with one of the plurality of groups of call paths; - creating an initial Unified Modeling Language (UML) Testing Profile (UTP) model by mapping the TSIs to UTP test cases, thereby generating test runs, and deleting any duplicate test runs; - ordering test runs on the communication network based on precedence relationships between associated TSIs and based on associated test configurations; and - selecting a test runtime framework for each TSI, to be executed in a test session, for which the test plan is generated”.
The limitations of “for each TSI, to be executed in a test session, for which the test plan is generated”, as drafted, are processes that, under their broadest reasonable interpretation, cover performance of the limitations in the mind but for the recitation of generic computer components. That is, other than reciting “a non-transitory computer readable media” and “a communication network”, nothing in the claim precludes the steps from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2).
This judicial exception is not integrated into a practical application. In particular, the claim recites an additional element – using “a non-transitory computer readable media” and “a communication network” to perform the claimed steps. The “non-transitory computer readable media” and “communication network” in these steps is recited at a high-level of generality (i.e., as “a non-transitory computer readable media” and “a communication network” performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d).
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using “a non-transitory computer readable media” and “a communication network” to perform the claimed steps amounts to no more than mere instructions to apply the exception using a generic computer component. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Response to Arguments
Applicant's arguments filed 2/11/2026 have been fully considered but they are not persuasive.
Applicant argues that “[a]mended independent Claims 1, 14 and 28 are not directed to an abstract idea” because a “communication network is not an abstract idea but a system of physical devices” and “a system comprising processing circuits and a memory and a non-transitory computer readable media are explicitly not abstract ideas” (see applicant arguments, page 18). However, the rejections of record do not describe the claimed ”communication network”, “system comprising processing circuits and a memory” and “non-transitory computer readable media” as being abstract ideas. These elements are shown to be generic computer components recited at a high-level of generality performing generic computer functions such that they amount no more than mere instructions to apply the exception using generic computer components. See MPEP 2106.04(II)(A)(1), 2106.04(a)(2). See also MPEP 2106.05(f). Therefore, these arguments are not convincing.
Applicant argues that the claimed "generating test configurations under which a plurality of test suite items (TSIs) are to be run on the communication network" and "ordering test runs on the communication network based on precedence relationships between associated TSIs and based on associated test configurations" are “digital transmissions on the communication network” and “are binary values which are not readable in real time by a human being and explicitly recited as being run on the communication network” (applicant arguments, page 18). Applicant further argues that “it is impossible for the human mind to read and process the digital transmissions of a communication network” and that these “digital communications consist of millions/billions of binary values which are not readable by a human being for which configuration is performed at a rate that far exceeds the human mind's ability to do so” (applicant arguments, page 19). As answered previously, the claimed “communication network” is not described in the rejections of record as an abstract idea. Further, the claims do not describe millions/billions of binary values, and even if they did a communication network is an added general purpose communication network used in its ordinary capacity. See also MPEP 2106.05(f). Therefore, these arguments are not convincing.
Applicant further argues that the claims recite a practical application under “Prong Two” because the “claims recite additional elements that integrate any alleged judicial exception into a practical application”, where the "method of test plan generation for live testing a communication network, comprising...generating test configurations under which a plurality of test suite items (TSIs) are to be run on the communication network" and "ordering test runs on the communication network based on precedence relationships between associated TSIs and based on associated test configurations" are “beneficial at least because it enables the execution of TSIs under the required test configurations while maintaining the disturbance level within an acceptable range” and that “the test plan design reduces the disturbance induced and the time taken by testing activities to make such disturbance less noticeable or more tolerable” as shown in the specification @ paragraph [0052] (applicant arguments, pages 19-20). For eligibility analysis under Step 2A, Prong Two, the additional elements are evaluated individually and in combination to determine whether they integrate the judicial exception into a practical application, using one or more of the considerations in MPEP §§ 2106.04(d), 2106.05(a)-(c), (e)-(h). However, it is not clear how the additional element of a “communication network” integrates the “generating” and “ordering” steps into a practical application since there is no active step of actually performing any tests. In addition, the improvement to the functioning a computer or other technology or technical field (i.e. the consideration required in Step 2A, Prong Two, specifically that described in MPEP 2106.05(a)) set forth by the applicant of “the test plan design reduces the disturbance induced and the time taken by testing activities to make such disturbance less noticeable or more tolerable” is not found in the claim itself. Under MPEP 2106.05(a), the specification must include a technical explanation of the asserted improvement and the claim must reflect the particular way of achieving that improvement. Since these requirements under Step 2A, Prong Two, were not met these arguments are not convincing.
Applicant argues that the “claims are directed to significantly more than the abstract idea itself” under Step 2B because the steps of "generating test configurations under which a plurality of test suite items (TSIs) are to be run on the communication network" and "ordering test runs on the communication network based on precedence relationships between associated TSIs and based on associated test configurations" effect a transformation or reduction of a particular article to a different state or thing” which is “are likely to be significantly more than any recited judicial exception” under MPEP 2106.05(c) (see applicant arguments, page 21). However, it is not clear how the claimed “generating test configurations” or “ordering test runs” are transforming anything and the applicant does not show how there is any such transformation. Therefore, this argument is not convincing.
Further with respect to Step 2B, applicant argues that “where the claim provides significantly more than an abstract idea itself if the claimed features are not mere routine activities known in the industry”, citing MPEP 2106.05(d)), and that the “claims recite more than well-known activities known to the communications industry” because “that claims are not well-known” as “evidenced by the Office Action's cited references, which do not disclose the claimed features” (see applicant arguments, pages 21-22). However, analysis under Step 2B requires the re-evaluation of any additional element or combination of elements that was considered to be insignificant extra-solution activity, because if such reevaluation finds that the element is unconventional or otherwise more than well-understood, routine conventional activity (WURC), this finding may indicate that the additional element is significantly more than the abstract idea. See MPEP 2106.05. Since there are no elements in the claims that are insignificant extra-solution activity as required under Step 2B, these arguments are not convincing.
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 JAY A MORRISON whose telephone number is (571)272-7112. The examiner can normally be reached on Monday - Friday, 8:00 am - 4:00 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Trujillo K James, can be reached at telephone number (571)272-3677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center and the Private Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from Patent Center or Private PAIR. Status information for unpublished applications is available through Patent Center and Private PAIR for authorized users only. Should you have questions about access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/Jay A Morrison/
Primary Examiner, Art Unit 2151