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
Response to Amendment
Applicant’s submission of a response was received on 6/15/26.
In the response Applicant amended claim(s) 1, 9, 10.
Claim(s) 11 is/are added.
Currently, claim(s) 1-11 is/are pending.
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.
In the instant application, claim(s) 1-1 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1:
Claim(s) 1-1 is/are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
Step 2A:
However, claim(s) 1-10 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
For instance, regarding independent claim(s) 1, 9, 10,
Prong 1 analysis:
The limitations of “a classifier configured to classify, for each user, whether a current status of a user is moving or playing a game, based on a combination of an amount of change in the position information and a magnitude of the acceleration included in the plurality of types of information for each user, the operation management information, and any one of a plurality of types of classification algorithms for classifying the current status of the user; and a presenter configured to, when the current status is classified as being moving, immediately present a first status image representing a classified current status as an image of a moving body in association with a user image representing the user with an image, and when the current status is classified as being playing the game, immediately present a second status image representing the classified current status and different from the first status image in association with the user image, wherein when the presenter acquires character strings representing the current status of the user classified by the classifier, the presenter accesses a status image storage unit and extracts the first status image and the second status image corresponding to the acquired character strings to quickly understand the current status of the user with high accuracy”, are considered to fall within the mental processes grouping. The recited limitations, as drafted, cover performance of the limitations in the mind but for the recitation of generic computer components. That is, other than reciting generic computer elements, nothing in the claim element precludes the step from practically being performed in the mind.
The limitations of “a classifier configured to classify, for each user, whether a current status of a user is moving or playing a game, based on a combination of an amount of change in the position information and a magnitude of the acceleration included in the plurality of types of information for each user, the operation management information, and any one of a plurality of types of classification algorithms for classifying the current status of the user; and a presenter configured to, when the current status is classified as being moving, immediately present a first status image representing a classified current status as an image of a moving body in association with a user image representing the user with an image, and when the current status is classified as being playing the game, immediately present a second status image representing the classified current status and different from the first status image in association with the user image”, are considered to fall within the certain methods of organizing human activity grouping (managing personal behavior). The mere nominal recitation of generic computer elements does not take the claim out of the methods of organizing human activity grouping. Thus, the claim(s) recites an abstract idea.
Furthermore, dependent claims 2-8, 11 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they are merely incidental or token additions to the claims that do not alter or affect how the process steps are performed. Thus, the claim(s) recites an abstract idea.
Prong 2 analysis:
The above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the additional elements “a collector configured to immediately collect, for each user who possesses a portable terminal, a plurality of types of information including position information by a GPS (Global Positioning Systems) sensor, an acceleration by an acceleration sensor, and operation management information indicating an operation status of an application software, the portable terminal being equipped with the GPS sensor and the acceleration sensor and having game application software installed, a screen of the portable terminal”, are generically recited computer elements that do not improve the functioning of a computer, or any other technology or technical field. Nor do these additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Furthermore, the above-identified generically recited computer elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. For at least these reasons, the abstract idea identified above is not integrated into a practical application under the 2019 PEG.
Moreover, the above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the claimed method and system merely implements the above-identified abstract idea using rules (e.g., computer instructions) executed by a computer. The claimed elements are recited at a high level of generality, and amounts to mere data gathering and data transmission, which is a form of insignificant extra-solution activity. Each of the additional limitations are no more than mere instructions to apply the exception using generic computer components. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. As such, the claim is directed to the abstract idea.
Step 2B:
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using generic computer components. The same analysis applies here in 2B, i.e., mere instructions to apply an exception using generic computer components cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Furthermore, in view of Berkheimer, the recited additional elements are considered as conventional activity. For instance, Morinaga et al. (2014/0007227) teaches the recited additional elements (Fig 1, 3A-3C, ¶¶0034-0036).
In addition, with regards to dependent claims, the courts have recognized the computer functions as well‐understood, routine, and conventional activities when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
For instance, regarding claims 1-11, each claim describes physical or software elements that provide a generic environment in which to carry out the abstract idea, which is similar to the conventional activity or as insignificant extra-solution activity of selecting information, based on types of information, for collection, analysis and display in EPG, gathering, receiving and transmitting data in Symantec, TLI, OIP Techs., buySAFE, and performing repetitive calculation in Flook, Bancorp.
Therefore, claim(s) 1-1 is/are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Response to Arguments
Applicant's arguments filed 6/15/26 have been fully considered but they are not persuasive.
Re 35 U.S.C. §101 Rejection,
Applicant argues that the additional limitation “when the presenter acquires character strings representing the current status of the user classified by the classifier, the presenter accesses a status image storage unit and extracts the first status image and the second status image corresponding to the acquired character strings to quickly understand the current status of the user with high accuracy” improves conventional technology by enabling the user to quickly understand the current status of the user. Examiner respectfully disagrees. The additional limitation specifies what results should be achieved, i.e., enabling a user to quickly understand the current status of the user, rather than a particular concrete technological solution for achieving that result. In other words, there is no recited improvement to the functioning of the computer itself (e.g., no change to memory hierarchy, graphics pipeline, input handling, networking, or processor operation). The amended claims do not specify a particular technical data structure or algorithm that improves computer performance. The “character strings representing the current status...extracts the first status image and the second status image corresponding to the acquired character strings” are data manipulation by analyzing information and displaying the result, not a computer-function improvement. Therefore, for the reasons as set forth above, the 101 rejection has been maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/JASON T YEN/Primary Examiner, Art Unit 3715
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