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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because the claims involve several mental processing steps and phrases outlined below.
Step 2A, Prong 1
By “determining a product count”, this step is addition and therefore a mathematical equation or evaluation. “Determining a start time and an end time”, which are dependent on the leading edge and the ending edge of a product, is also an evaluation and therefore a mental step and abstract idea. The step of “determining an amount of the hot melt adhesive flow” is a measurement and therefore an insignificant extra solution activity and not an abstract idea. The step to “associate the measured amount” is a comparison or evaluation and therefore a mental step and abstract idea.
Step 2A, Prong 2
The step of “measuring” is generic and involves data gathering; therefore is an insignificant extra solution activity, another example further evidencing that the other elements would not amount to significantly more.
Step 2B
For these claims, that includes detecting a presence of a product, flowing holt melt adhesive from a flow path, determining an amount the flow meter comprising a flow outlet passage, a pair of rotatable gears and at least one sensor configured to measure an amount of hot melt adhesive flowing through the flow meter.
Detecting a presence of product – This step involves data gathering and also, in BE832798, the product is detected and counted (abstract).
Flowing hot melt adhesive through a flow meter and out of an outlet – EP0160731 shows a hot melt adhesive going through an inlet and outlet (description).
Flow meter – US 5099687 shows a flow meter with a pair of rotatable gears (claim 2).
Sensor – US 2017/0284844 shows a sensor configured to measure an amount of hot melt adhesive (paragraph 0009).
Conclusion
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/SONYA M SENGUPTA/Primary Examiner, Art Unit 1745
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