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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more. Step 1: The claims are directed to a method, a device and a medium which falls within one of the statutory categories of invention. Step 2A, Prong One: Independent claim 1, recites determining, evaluating and generating and Independent claims 10 & 19, recites determining, evaluating and generating, one or more sensors, memory and processors. The claims and background of the application do not put any limits on the plain meanings of determining, evaluating and generating. This judicial exception is not integrated into a practical application because these limitations do not impose any meaningful limits on the claims. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because one or more sensors, memory and processors are just used to carry out the steps of the claims. These claims recite at a high level of generality, i.e. as a one or more sensors, memory and processors performing generic functions. The broadest reasonable interpretation of the steps is that those steps fall with the mental process grouping of abstract ideas because they cover concepts performed in the human mind, selection by a human and/or can be presented using a piece of paper, including determining, providing, receiving and displaying. Step 2A, Prong Two: The claims recite one or more sensors, memory and processors. This judicial exception is not integrated into a practical application because these limitations do not impose any meaningful limits on the claims. Again, the one or more sensors, memory and processors perform their generic functions and is recited at a high level of generality. With these limitations, the one or more sensors, memory and processors are used as a tool to perform the generic function of processing and storing data. Therefore, in these limitations the one or more sensors, memory and processors are used to perform an abstract idea, as discussed above in Step, 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic processor and memory. Even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practice application, and the claim is directed to the judicial exception. Step 2B: As explained in the Step 2A, Prong Two, these are two additional elements. The additional elements of a “one or more sensors, memory and processors” in the limitations are at best mere instructions to “apply” the abstract ideas, which cannot provide an inventive concept. See MPEP 2106.05(f). The additional elements were both found to be insignificant extra-solution activity in Step 2A, Prong Two, because they were determined to be insignificant limitations as necessary determining, evaluating and generating. As discussed in Step 2A, Prong Two above, the recitations of “one or more sensors, memory and processors” are recited at a high level of generality. These elements amount to processing information and storing information and are well-understood, routine and conventional activity. Therefore, even when considered in combination, these additional elements represent mere instructions to implement an abstract idea or other exception with a one or more sensors, memory and processors and insignificant extra-solution activity, which do not provide an inventive concept. So, these claims are in eligible.
Response to Arguments
Applicant's arguments filed 10/20/2025 have been fully considered but they are not persuasive. The Applicant respectfully submits that the rejections are moot in view of amendments filed 10/25/2025. The manner in which the claims have been amended does not overcome the current 35 USC 101 rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KESHA FRISBY whose telephone number is (571)272-8774. The examiner can normally be reached Monday-Friday 730AM-4PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at 571-272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KESHA FRISBY/ Primary Examiner, Art Unit 3715