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) 2-6, 8-13, 15-19, 21 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims fall within at least one of the four categories of patent eligible subject matter. However, the claimed invention is directed to performing steps that fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind. An analysis of the claims regarding subject matter eligibility follows:
Step1: Claim(s) 2-6, 8-13, 15-19, 21 recite an apparatus, a medium, and a method, therefore satisfying Step 1 of the analysis.
Step 2A, Prong 1: Claim(s) 2, 9, 16 recite identifying a fault condition of the memory system associated with performing the operation in response to receiving the command; and entering a safe mode of operation in accordance with identifying the fault condition, which, under their broadest reasonable interpretation, covers performance of the limitations entirely in the human mind and/or with the aid of pen and paper. Specifically, the steps of identifying a fault condition, and entering a safe mode of operation may be practically performed in the human mind using observation, evaluation, and judgement of memory system (MPEP 2106.04(a)(2), subsection Ill). For example, “identifying” in the context of the claim(s) encompasses a user identifying a fault condition of the memory system associated with performing the operation in response to receiving the command, and “entering” in the context of the claim(s) encompasses the user entering a safe mode of operation in the mind in accordance with identifying the fault condition.
Claim(s) 3-6, 8, 10-13, 15, 17-19, 21 recite further limitations that fall under the judicial exception as recited in claim(s) 2, 9, 16. Each of the further limitations encompass performance of the steps within the human mind.
Step 2A, Prong 2: The additional elements recited in claim(s) 2, 9, 16, “a memory”, “memory arrays,” “circuitry,” “medium,” “processor,” “receiving, from a host system, a command to perform an operation on one or more memory arrays of the memory system;” and “transmitting, from the memory system to the host system, a message that indicates the fault condition in accordance with identifying the fault condition, wherein the message comprises an indication of the command,” do not integrate the judicial exception into a practical application. These limitations are directed to implementing the abstract idea using generic computer components (MPEP 2106.05(f)) and recite mere data gathering and outputting recited at a high level of generality, and thus are insignificant extra-solution activity (MPEP 2106.05(g)).
Claim(s) 3-6, 8, 10-13, 15, 17-19, 21 recite further details regarding generating a code, generating the message, and receiving a notification. These claims contain no additional elements which would integrate the abstract idea into a practical application.
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 identified abstract idea.
Step 2B: Claim(s) 2, 9, 16 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed in Step 2A, Prong 2 above, the recitations of “a memory”, “memory arrays,” “circuitry,” “medium,” “processor,” “receiving, from a host system, a command to perform an operation on one or more memory arrays of the memory system;” and “transmitting, from the memory system to the host system, a message that indicates the fault condition in accordance with identifying the fault condition, wherein the message comprises an indication of the command,” are recited at a high level of generality. These elements amount to receiving or transmitting data using generic computers and are well-understood, routine, conventional activity (MPEP 2106.05(d), subsection II).
Regarding claim(s) 3-6, 8, 10-13, 15, 17-19, 21, the additional elements are not sufficient to amount to significantly more than the judicial exception because they simply apply the exception using a generic computer.
Therefore, claim(s) 2-6, 8-13, 15-19, 21 recite an abstract idea without significantly more, and are not patent eligible.
Response to Remarks
Regarding the rejection of claim(s) under double patenting, the TD overcomes the rejection.
The amendments overcome the rejection under 102.
Applicant's Remarks have been fully considered but they are not persuasive.
Regarding the rejections under 101, the Remarks state, “Applicant respectfully submits that amended independent claims 2, 9, and 16 recite patentable subject matter. Accordingly, Applicant requests that the rejection of independent claims 2, 9, and 16 under 35 U.S.C. § 101 be reconsidered and withdrawn” However, the examiner respectfully disagrees. Claims 2, 9, and 16 do not recite patentable subject matter. Memory and host are generic computer components and recited at a high level of generality.
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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bryce Bonzo can be reached at (571) 272-3655. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHERINE LIN/Primary Examiner, Art Unit 2113
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