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.
Claim(s) 1-6, 8, 10-15, 17-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recites a limitation(s) of monitoring traffic for the event of the application at the app connector for a period of time; generating an expected traffic behavior for the event of the application, wherein the expected traffic behavior is built using a first set of historical logs; generating, using data from the expected traffic behavior, a forecasted traffic for the event of the application for a plurality of periods of time in future; determining a difference between monitored traffic and the forecasted traffic of the event of the application; and flagging the event of the application as an anomalous dip when the difference is below a threshold, which is a mental process.
The claim(s) recites a series of steps and, therefore, is/are a process. The limitation(s), as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation(s) in the mind but for the recitation of generic computer components. That is, other than reciting “ media,” “processors,” nothing in the claim element precludes the step from practically being performed in the mind. For example, “generating an expected traffic behavior…” in the context of the claim(s) encompasses a user generating an expected traffic behavior for the event of the application, wherein the expected traffic behavior is built using a first set of historical logs, “generating, using data…” in the context of the claim(s) encompasses the user generating, using data from the expected traffic behavior, a forecasted traffic for the event of the application for a plurality of periods of time in future, “determining” in the context of the claim(s) encompasses the user determining a difference between monitored traffic and the forecasted traffic of the event of the application; and “flagging” in the context of the claim(s) encompasses the user indicating the event of the application as an anomalous dip when the difference is below a threshold, wherein the anomalous dip is a result of failure in the app connector. Similarly, the limitation of the user monitoring traffic for the event of the application at the app connector for a period of time is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. If a claim limitation, under its broadest reasonable interpretation, covers 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. Accordingly, the claim(s) recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim(s) recites additional elements of “ media,” “processors,” which are recited at a high-level of generality (i.e., as generic “processors” performing a generic computer function of “transmitting traffic between the plurality of end-user devices and the plurality of vendors at an application layer of a cloud network,” or “using a machine learning module to identify an event of an application at an app connector,” or “generating an alert to notify a tenant about a flag for remediation.”) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, the 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. The claim(s) is/are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using “ media,” “processors” to perform the claimed invention amount to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim(s) is/are not patent eligible.
Response to Remarks
According to the last OA, there is no rejection under 103. The same claims were filed on 3-7-2025 and were rejected on 6-18-2025.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE LIN whose telephone number is (571)431-0706. The examiner can normally be reached Monday-Friday; 8 a.m. - 5 p.m. EST.
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/KATHERINE LIN/ Primary Examiner, Art Unit 2113
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