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 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) identifying a portion of a label that will be blocked when assembled, altering the label design to overcome the obstruction and printing the modified label.
The limitation of “identify a portion of a label that, when affixed to a first vehicle component, is blocked by a second vehicle component…”, as drafted, is a process that under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer component. That is, other than reciting “cause the processor to:”, nothing in the claim elements precludes the step from practically being performed in the mind. For example, “identify” in the context of this claim can reasonably encompass the user manually and visually identifying that the label will be blocked by another vehicle component. Similarly, the limitation of “alter the label so target printed information of the label is arranged on an unobscured region of the label…”, as drafted, covers performance of the limitation in the mind but for the recitation of generic computer components. For example, “alter” in the context of this claim encompasses the user physically moving the label so as to not be obstructed by another vehicle component. If a claim limitation, under its broadest reasonable interpretation, covers the 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. Furthermore, the limitation of “ print the label with the target printed information in the unobscured region”, as drafted, covers performance of the limitation mentally but for the recitation of generic computer components. “print the label”, in the context of the claim cover the user manually and mentally moving the information on the label to an area where it could be printed (handwritten) without obstructions. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional element of using a processor to perform the identifying, altering and printing amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply the exception using generic computer component cannot provide an inventive concept. The claim is not patent eligible.
A look into dependent claims 2-9 shows that the extra limitations as presented, are furthering the same claimed concept with no further requirements that would preclude the from being performed practically in the mind. Therefore, the claims are directed to abstract ideas and not patent eligible.
Conclusion
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/LENNIN R RODRIGUEZGONZALEZ/ Primary Examiner, Art Unit 2683
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