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 Office Action is in response to the Amendment filed on December 1, 2025, which paper has been placed of record in the file.
2. Claims 1-10 are pending in this application.
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 1-10 are rejected under 35 U.S.C. 101 because the claim invention is directed to a judicial exception (i.e., law of nature, natural phenomenon, or abstract idea) without significantly more.
Regarding independent claim 1, which is analyzing as the following:
Step 1: This part of the eligibility analysis evaluates whether the claim falls within any statutory category. See MPEP 2106.03. The claim recites an information device for determining a solution of the optimization problem. Thus, the claim is to a machine, which is one of the statutory categories of invention. (Step 1: YES).
Step 2A, Prong One: This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04, subsection II, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim.
The claim recites an information device for determining a solution of the optimization problem. The claim recites the steps: acquire plural penalty values which represent degrees of relaxations of a constraint condition of an optimization problem for minimizing or maximizing an objective function value (receiving data); determine, based on condition information regarding conditions of the optimization problem and constraint relaxation information regarding the relaxation of the constraint condition, plural solutions of the optimization problem in accordance with the plural penalty values (analyzing data), as drafted, is a process that, under its broadest reasonable interpretation when read in light of the Specification, covers performance of the limitations in the mind, can be practically performed by human in their mind or with pen/paper, but for the recitation of generic computer components. That is, other than reciting “a computer/processor”, nothing in the claim elements preclude the steps from practically being performed in the mind. The mere nominal recitation of generic computing devices does not take the claim limitation out of the Mental Processes grouping of abstract ideas. Thus, if a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas (concepts performed in the human mind including an observation, evaluation, judgment, opinion). See MPEP 2106.04(a)(2), subsection III.
Accordingly, the claim recites an abstract idea. (Step 2A, Prong One: YES).
Step 2A, Prong Two: This part of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception into a practical application of the exception or whether the claim is “directed to” the judicial exception. This evaluation is performed by (1) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (2) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. See MPEP 2106.04(d).
The claim recites the additional elements of “condition information is stored in a computer readable storage device” and “display, on a display device, relation information indicating a relation between the degrees of the relaxation of the constraint condition and objective function values of the solutions.” The claim also recites that the steps of “acquire plural penalty values…; determine, based on condition information regarding conditions of an optimization problem and constraint relaxation information…; and display, on a display device, relation information indicating a relation between the degrees of the relaxation of the constraint condition and objective function values of the solutions”, are performed by a processor.
The additional elements “condition information is stored in a computer readable storage device” and “display, on a display device…” are mere data gathering and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and outputting, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering and outputting. See MPEP 2106.05. It is similar to other concepts that have been identified by the courts Gathering and analyzing information using conventional techniques and displaying the result, TLI Communications, 823 F.3d at 612-13, 118 USPQ2d at 1747-48; Collecting information, analyzing it, and displaying certain results of the collection and analysis, Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354, 119 USPQ2d 1739, 1742 (Fed. Cir. 2016).
Further, the limitations “acquire plural penalty values…; determine, based on condition information regarding conditions of an optimization problem and constraint relaxation information…; and display, on a display device, relation information indicating a relation between the degrees of the relaxation of the constraint condition and objective function values of the solutions” are recited as being performed by the processor.” The processor is recited at a high level of generality. In limitations “display, on a display device…, the processor is used as a tool to perform the generic computer function of gathering and outputting data. See MPEP 2106.05(f). In limitations “acquire plural penalty values…; determine, based on condition information regarding conditions of an optimization problem and constraint relaxation information…”, the processor is used to perform an abstract idea, as discussed above in Step 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic computer. See MPEP 2106.05(f). The additional elements recite generic computer components the processor, memory, computer readable storage device, and software programming instructions that are recited a high-level of generality that merely perform, conduct, carry out, implement, and/or narrow the abstract idea itself. Accordingly, the additional elements evaluated individually and in combination do not integrate the abstract idea into a practical application because they comprise or include limitations that are not indicative of integration into a practical application such as adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea -- See MPEP 2106.05(f).
Moreover, these additional elements do not provide any improvements to the technology, improvements to the functioning of the computer, the processor, the memory, the computer readable storage device, improvements to the display device, they just merely used as general means for performing the abstract idea, gathering and outputting data.
Thus, even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application (Step 2A, Prong Two: NO), and the claim is directed to the judicial exception (Step 2A, Prong One: YES).
Step 2B: This part of the eligibility analysis evaluates whether the claim as a whole, amounts to significantly more than the recited exception i.e., whether any additional element, or combination of additional elements, adds an inventive concept to the claim. See MPEP 2106.05.
The additional elements “condition information is stored in a computer readable storage device” and “display, on a display device…”, were found to be insignificant extra-solution activity in Step 2A, Prong Two, because they were determined to be insignificant limitations as necessary data transmitting. However, a conclusion that an additional element is insignificant extra solution activity in Step 2A, Prong Two should be re-evaluated in Step 2B. See MPEP 2106.05, subsection I.A. At Step 2B, the evaluation of the insignificant extra-solution activity consideration takes into account whether or not the extra-solution activity is well understood, routine, and conventional in the field. See MPEP 2106.05(g).
As discussed in Step 2A, Prong Two above, the recitations of “condition information is stored in a computer readable storage device” and “display, on a display device…” are recited at a high level of generality. These elements amount to storing and displaying data and are well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II. The courts have recognized the following computer functions as well understood, routine, and conventional functions when they are claimed in a merely genetic manner (e.g., at a high level of generality) or as insignificant extra-solution activity: 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); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) ("Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result‐‐a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink." (emphasis added)); Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93; [AltContent: rect]
As discussed in Step 2A, Prong Two above, the recitation of the processor to perform limitations “acquire plural penalty values…; determine, based on condition information regarding conditions of an optimization problem and constraint relaxation information…; and display, on a display device, relation information indicating a relation between the degrees of the relaxation of the constraint condition and objective function values of the solutions”, amounts to no more than mere instructions to apply the exception using a generic computer component.
Even when considered in combination, these additional elements represent mere instructions to implement an abstract idea or other exception on a computer and insignificant extra-solution activity, which do not provide an inventive concept. Therefore, the claim is not patent eligible. (Step 2B: NO).
Regarding independent claims 9 and 10, Alice Corp. establishes that the same analysis should be used for all categories of claims. Therefore, independent claim 9 directed to a method, independent claim 10 directed to a medium, are also rejected as ineligible subject matter under 35 U.S.C. 101 for substantially the same reasons as independent method claim 1.
Regarding dependent claims 2-8, the dependent claims do not impart patent eligibility to the abstract idea of the independent claim. The dependent claims rather further narrow the abstract idea and the narrower scope does not change the outcome of the two-part Mayo test. Narrowing the scope of the claims is not enough to impart eligibility as it is still interpreted as an abstract idea, a narrower abstract idea.
Regarding dependent claim 2, the claim simply refines the abstract idea by further reciting wherein the constraint relaxation information comprises: a type of the constraint condition…, that fall under the category of Mental process grouping of abstract ideas as described above in the independent claim 1. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 3, the claim simply refines the abstract idea by further reciting to receive a designation regarding the type of the constraint condition …, that fall under the category of Mental process grouping of abstract ideas as described above in the independent claim 1. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 4, the claim simply refines the abstract idea by further reciting to calculate, based on the weight for each constraint condition relaxed in the solution, a penalty value which is an index value representing the degree of the relaxation …, that fall under the category of Mental process grouping of abstract ideas as described above in the independent claim 1. Moreover, the claim recites to display, on the display device, the relation information…, are mere data gathering and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering, transmitting and receiving, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering and outputting. See MPEP 2106.05 (See claim 1 above). Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 5, the claim simply refines the abstract idea by further reciting to calculate the penalty value based on the weight for each constraint condition relaxed …, that fall under the category of Mental process grouping of abstract ideas as described above in the independent claim 1. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 6, the claim recites to display, on the display device, information for comparing relaxation statuses of the constraint condition relaxed …, that are mere data gathering and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering, transmitting and receiving, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering and outputting. See MPEP 2106.05 (See claim 1 above). Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 7, the claim recites to receive, on a display screen image based on the relation information, an input which specifies the at least two of the degree of the relaxation …, that are mere data gathering and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering, transmitting and receiving, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering and outputting. See MPEP 2106.05 (See claim 1 above). Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 8, the claim recites to display, on the display device, a table or a graph indicating the relation as the relationship information, that are mere data gathering and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering, transmitting and receiving, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering and outputting. See MPEP 2106.05 (See claim 1 above). Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Therefore, none of the dependent claims alone or as an ordered combination add limitations that qualify as significantly more than the abstract idea.
Accordingly, claims 1-10 are not draw to eligible subject matter as they are directed to an abstract idea without significantly more and are rejected under 35 USC § 101 as being directed to non-statutory subject matter.
Novelty and Non-Obviousness
5. No prior arts were applied to the claims because the Examiner is unaware of any prior arts, alone or in combination, which disclose at least the limitations of “acquire plural penalty values which represent degrees of relaxations of a constraint condition of an optimization problem for minimizing or maximizing an objective function value; determine, based on condition information, which is stored in a computer- readable storage device, regarding conditions of the optimization problem and constraint relaxation information regarding the relaxation of the constraint condition, plural solutions of the optimization problem in accordance with the plural penalty values; and display, on a display device, relation information indicating a relation between the degree degrees of the relaxation of the constraint condition and objective function values of the solutions” recited in the independent claims 1, 9, and 110.
Response to Arguments/Amendment
6. Applicant's arguments with respect to claims 1-10 have been fully considered but are not persuasive.
I. Claim Rejections - 35 USC § 101
Claims 1-10 are rejected under 35 U.S.C. 101 because the claim invention is directed to a judicial exception (i.e., law of nature, natural phenomenon, or abstract idea) without significantly more.
In response to the Applicant’s argument that the amended claimed features cannot practically be performed in the human mind, the Examiner respectfully disagrees and submits that the amended claims recite the steps: acquire plural penalty values which represent degrees of relaxations of a constraint condition of an optimization problem for minimizing or maximizing an objective function value (receiving data); determine, based on condition information regarding conditions of the optimization problem and constraint relaxation information regarding the relaxation of the constraint condition, plural solutions of the optimization problem in accordance with the plural penalty values (analyzing data), as drafted, is a process that, under its broadest reasonable interpretation when read in light of the Specification, covers performance of the limitations in the mind, can be practically performed by human in their mind or with pen/paper, but for the recitation of generic computer components. That is, other than reciting “a computer/processor”, nothing in the claim elements preclude the steps from practically being performed in the mind. The mere nominal recitation of generic computing devices does not take the claim limitation out of the Mental Processes grouping of abstract ideas. Thus, if a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas (concepts performed in the human mind including an observation, evaluation, judgment, opinion). See MPEP 2106.04(a)(2), subsection III. Accordingly, the claim recites an abstract idea.
Moreover, the amended claims recite the additional elements “condition information is stored in a computer readable storage device” and “display, on a display device…” are mere data gathering and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and outputting, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering and outputting.
These additional elements do not provide any improvements to the technology, improvements to the functioning of the computer, the processor, the memory, the computer readable storage device, improvements to the display device, or other technology. They just merely used as general means for performing the abstract idea, gathering and outputting data. They do not recite a particular machine or manufacture that is integral to the claims, and do not transform or reduce a particular article to a different state or thing. Accordingly, the claims are not integrated into a practical application.
These additional elements are recited at a high level of generality and amount to storing and displaying data and are well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II. The courts have recognized the following computer functions as well understood, routine, and conventional functions when they are claimed in a merely genetic manner (e.g., at a high level of generality) or as insignificant extra-solution activity: 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); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) ("Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result‐‐a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink." (emphasis added)); Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Even when considered in combination, these additional elements represent mere instructions to implement an abstract idea or other exception on a computer and insignificant extra-solution activity, which do not provide an inventive concept. Therefore, the claims are not patent eligible.
Accordingly, the 101 rejection is maintained.
II. Claim Rejections - 35 USC § 102
Applicant’s arguments and amendment with respect to claims 1-10 have been fully considered and are persuasive.
Accordingly, the 102 rejection has been withdrawn.
Conclusion
7. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, 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 extension fee 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 date of this final action.
8. Claims 1-10 are rejected.
9. The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure:
Yan et al. (US 2005/0137959) disclose a method for determining a market clearing price in an electricity market, subject to a plurality of constraints, comprising the steps of defining an objective function relating the MCP and constraints in terms of a nonlinear programming expression, applying Lagrangian relaxation to the nonlinear programming expression to form a Lagrangian dual function; adding penalty terms to the Lagrangian dual function to form an augmented Lagrangian dual function.
Pikus et al. (US 2021/0150001) disclose a system may include a quantum model engine configured to generate a quantum computing model to represent an electronic design automation (EDA) process for a circuit design. The EDA process may be a multi-patterning process to assign colors to geometric elements of the circuit design, and the quantum computing model may include an objective function that specifies a cost value for a given state of the quantum computing model.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to examiner NGA B NGUYEN whose telephone number is (571) 272-6796. The examiner can normally be reached on Monday-Friday 7AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Beth Boswell can be reached on (571) 272-6737. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NGA B NGUYEN/Primary Examiner, Art Unit 3625 March 17, 2026