DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response the amendments filed 10/29/2025.
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 1-18 are rejected under 35 U.S.C. 101 because Applicant’s claimed invention falls under the “Mental Processes” subject matter grouping of abstract ideas in the 2019 Revised Subject Matter Eligibility Guidance, 84 Fed. Reg. 50 (Dep’t of Commerce Jan. 07, 2019) (“2019 PEG”). As per claim 1, the claimed invention is directed to an abstract idea based on concepts that, but for the recitation of generic computer components (i.e., “at least one memory storing instructions; and at least one processor”), the steps of the invention (i.e., see claim 1, “decide whether to switch a server…” ; “decide a server of a switching destination…”; see claim 3, “evaluate the allowable delay satisfaction…”, see claim 6, “predict the delay time…”) could otherwise be performed in the human mind. Moreover, the use of generic computer components (i.e., “at least one memory storing instructions; and at least one processor”) do not add a practical application or significantly more to the judicial exception (see MPEP §2106.05(f)).
Claims 4-5, do provide a little more structure, i.e., “…wherein the plurality of servers are hierarchized into a plurality of layers, each of which comprising one or more servers and each of which having a management area whose size is different from each other…”, however, the recited structure simply serves to limit the data/information used for selection/evaluation (e.g., “…select one of the plurality of layers sequentially from a layer side with a narrow management area”). Thus, similar to Electric Power Group, the structure/arrangement of the plurality of servers merely serves to indicate either a field of use or technological environment in which to apply the judicial exception, which 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), alternatively, see also MPEP §2106.05(g), with respect to insignificant extra-solution activity, e.g., “Selecting a particular data source or type of data to be manipulated”).
Claims 7 and 13 are rejected under the same rationale as claim 1, as the claim recites a slight variation of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW WOO whose telephone number is (571)270-7521. The examiner can normally be reached Telework 9:00AM-6:00PM | IFP M-F 9:00AM-6:00PM.
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) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wing Chan can be reached on 5712727493. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW WOO/Examiner, Art Unit 2441
/WING F CHAN/Supervisory Patent Examiner, Art Unit 2441
Prosecution Insights