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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Status
This action is in response to applicant’s response and claim amendment filed 4/14/2026. Claims 1-2 and 5-14 are pending and considered below.
Response to Arguments
Claim 13 was rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter because the work management program is software per se. Applicant replaced “work management program for causing” with “non-transitory medium comprising instructions to configure”. Therefore, claim 13 as amended is not software per se.
Claim 14 remains rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter because the “acquisition processing unit” and “output processing unit” include volatile or non-volatile storage units; and thus include a signal per se.
Claims 1-11 and 13-14 were rejected under 35 U.S.C. 101 because the claimed invention was directed to a judicial exception without integrating the judicial exception into a practical application and without an additional element which amounts to significantly more than the judicial exception. Independent claim 1 has been amended to include “traveling by the work vehicle on a travel route based on the estimated required time that includes the plurality of work regions and the one or more connecting roads”. Independent claims 13 and 14 have been amended in a similar manner. Therefore, amended claims 1-2 and 5-14 are no longer rejected based on being directed to a judicial exception without integrating the judicial exception into a practical application and without an additional element which amounts to significantly more than the judicial exception.
Claims 1-3, 8 and 13-14 were rejected under 35 U.S.C. 103 as being unpatentable over Wilson (U.S. Patent Number 10,201,121) in view of Anderson (US-2014/0257911-A1). Applicant has incorporated the limitations of original claims 3 and 4 into the independent claims. Therefore, claims 1-2 and 5-14 are not rejected under 35 U.S.C. 103 as being unpatentable over Wilson in view of Anderson.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“acquisition processing unit” and “output processing unit” (claim 14) are control devices such as a CPU, a ROM, and a RAM in a mobile terminal such as a tablet terminal or a smartphone, as disclosed in applicant’s specification, paragraphs [0059] and [0075-0076] (PGPub) and FIG. 1, operation terminal-20, operation control unit-21, acquisition processing unit-212, and output processing unit-213.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because the work management system includes a signal per se.
Regarding claim 14, the claimed invention is directed to non-statutory subject matter. The work management system comprises an acquisition processing unit and an output processing unit. The acquisition processing unit and output processing unit are control devices such as a CPU, a ROM, and a RAM in a mobile terminal such as a tablet terminal or a smartphone, as disclosed in applicant’s specification, paragraphs [0059] and [0075-0076]. Paragraph [0075] of applicant’s specification states that the RAM is a volatile or non-volatile storage unit that stores various types of information, and is used as a temporary storage memory for various types of processing performed by the CPU. The claim does not fall within at least one of the four categories of patent eligible subject matter because the work management system includes a signal per se.
See, the 2019 Revised Patent Subject Matter Eligibility Guidance, which is available on the USPTO Website.
Allowable Subject Matter
Claims 1-2 and 5-13 are allowed.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMARA L WEBER whose telephone number is (303)297-4249. The examiner can normally be reached 8:30-5:00 MTN.
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TAMARA L. WEBER
Examiner
Art Unit 3667
/TAMARA L WEBER/Examiner, Art Unit 3667
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