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 .
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 1-12, 15-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to generating a first estimation of the gestational age of the target fetus without significantly more. The claims recite:
Claim 1
obtaining head imaging data of the target fetus, containing a representation of
the brain and/or head of the target fetus;
obtaining a plurality of models, each model representing a structure of the brain
and/or head of a fetus at a different gestational age;
processing the head imaging data and the plurality of models to identify the
model, amongst the plurality of models, that most closely fits to the structure of the brain
and/or head of the target fetus; and
generating a first estimation of the gestational age of the target fetus using the gestational age associated with the identified model.
Claim 15
a processor,
a non-transitory computer readable medium that stores executable instructions,
which when executed by the processor, cause to processor to:
obtain head imaging data of the target fetus, containing a representation of the brain and/or head of the target fetus;
obtain a plurality of models, each model representing a structure of the brain and/or head
of a fetus at a different gestational age;
process the head imaging data and the plurality of models to identify the model, amongst the plurality of models, that most closely fits to the structure of the brain and/or head of the target fetus;
generate a first estimation of the gestational age of the target fetus using the gestational age associated with the identified model;
a user interface configured to provide a user-perceptible output responsive to the
first estimation.
Claim 19
A non-transitory computer readable medium that stores executable
instructions, which when executed by the processor, cause to processor to:
obtain head imaging data of the target fetus, containing a representation of the
brain and/or head of the target fetus;
obtain a plurality of models, each model representing a structure of the brain
and/or head of a fetus at a different gestational age;
process the head imaging data and the plurality of models to identify the model,
amongst the plurality of models, that most closely fits to the structure of the brain and/or
head of the target fetus; and
generate a first estimation of the gestational age of the target fetus using the
gestational age associated with the identified model.
This judicial exception is not integrated into a practical application because the recitation of " obtain head imaging data of the target fetus" merely indicates a field of use or technological environment in which the judicial exception is performed. Although the additional element "a computer medium" limits the identified judicial exceptions "generate a first estimation of the gestational age of the target fetus using the gestational age " this type of limitation merely confines the use of the abstract idea to a particular technological environment (image analysis) and thus fails to add an inventive concept to the claims. See MPEP 2106.05(h)
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because Additional elements (processor); (computer readable medium); (user interface) were found to be insignificant extra-solution activity,
because they were determined to be insignificant limitations as necessary data gathering and outputting. 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.
As discussed above, the broadest reasonable interpretation of steps (b) is that those steps fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind, including observation, evaluation, judgment, and opinion. See MPEP 2106.04(a)(2), subsection III.
Specifically, the step recites "generate a first estimation of the gestational age of the target fetus using the gestational age associated with the identified model " which may be practically performed in the human mind using observation, evaluation, judgment, and opinion. Under its broadest reasonable interpretation when read in light of the specification, the "generating" encompasses mental observations or evaluations that are practically performed in the human mind.
Further, the microprocessor is recited at a high level of generality. The processor is used as a tool to perform the generic computer function of receiving data. See MPEP 2106.05(f). In limitations (b) and (c).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-12, 15-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL F BRUTUS whose telephone number is (571)270-3847. The examiner can normally be reached Mon-Sat, 11:00 AM to 7:00 PM.
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, Anne Kozak can be reached at 571-270-0552. 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.
Prosecution Insights