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
This communication is responsive to the application filed on 08/26/2024.
Claims 1-20 are presented for examination.
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 non-statutory subject matter. Specifically, claims 1-20 are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea.
With respect to Step 2A Prong One of the framework, claim 1 recites an abstract idea. Claim 1 includes elements for “training a neural network to predict environmental impact on a specified crop, the growth process of the specified crop having a plurality of phenological phases, by: providing a first training set comprising a plurality of data items, the data items comprising a phenological phase of the specified crop, a set of quantitative environmental factors, and a factor specifying impact of the set of quantitative environmental factors on quality of the specified crop; and training the neural network using the first training set so that the neural network is configured, as a result of said training, to predict quality of the specified crop based on said set of quantitative environmental factors during a set of phenological phases.”
The limitations above recite an abstract idea. More particularly, the elements above recite certain methods of organizing human activity related to managing personal behavior or relationships or interactions between people because the elements describe using neural network to predict environmental impact on a specified crop during a set of phenological phases. Further, the elements above recite mental processes because the elements describe observations or evaluations that could be practically performed in the mind or by using pen and paper. As a result, claim 1 recites an abstract idea under Step 2A Prong One.
Claims 8 and 14 include substantially similar limitations to those included with respect to claim 1. As a result, claims 8 and 14 recite an abstract idea under Step 2A Prong One for the same reasons as stated above with respect to claim 1.
Claims 2-7, 9-13 and 15-20 further describe the process for selecting and viewing organizational information and further recite certain methods of organizing human activity and/ mental processes for the same reasons as stated above. As a result, claims 2-7, 9-13 and 15-20 recite an abstract idea under Step 2A Prong One.
With respect to Step 2A Prong Two of the framework, claim 1 does not include additional elements that integrate the abstract idea into a practical application. Claim 1 includes additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements include computer-based system. When considered in view of the claim as a whole, the additional elements do not integrate the abstract idea into a practical application because the computing device amounts to no more than a general computing component that is used as a tool to perform the recited abstract idea, and the step for gathering information is an insignificant extra solution activity to the recited abstract idea. As a result, claim 1 does not include any additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
As noted above, claims 8 and 14 include substantially similar limitations to those included with respect to claim 1. Although claim 8 further includes a computer program product residing on a computer readable medium and a processor, and claim 15 further includes a processor and memory, the additional element, when considered in view of the claim as a whole, do not integrate the abstract idea into a practical application because the additional elements amount to no more than general computing components that are used as a tool to perform the recited abstract idea. As a result, claims 8 and 14 do not include any additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
Claims 2-7, 9-13 and 15-20 do not include any additional elements beyond those included with respect to the claims from which claims 2-7, 9-13 and 15-20 depend. As a result, claims 2-7, 9-13 and 15-20 do not include any additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two for the same reasons as stated above.
With respect to Step 2B of the framework, claim 1 does not include additional elements amounting to significantly more than the abstract idea. As noted above, claim 1 includes additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements include a computing device and a step for gathering information. The additional elements do not amount to significantly more than the recited abstract idea because the additional elements the computing device amounts to no more than a general computing component that is used as a tool to perform the recited abstract idea, and the step for gathering information is a well-understood, routine, and conventional computer function in view of MPEP 2105.06(d)(II). Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, claim 1 does not include any additional elements that amount to significantly more than the recited abstract idea under Step 2B.
As noted above, claims 8 and 14 include substantially similar limitations to those included with respect to claim 1. Although claim 8 further includes a computer program product residing on a computer readable medium and a processor, and claim 15 further includes a processor and memory, the additional elements do not amount to significantly more than the recited abstract idea because the additional elements amount to no more than general computing components that are used as a tool to perform the recited abstract idea. Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, claims 8 and 14 do not include any additional elements that amount to significantly more than the recited abstract idea under Step 2B.
Claims 2-7, 9-13 and 15-20 do not include any additional elements beyond those included with respect to the claims from which claims 2-7, 9-13 and 15-20 depend. As a result, claims 2-7, 9-13 and 15-20 do not include any additional elements that amount to significantly more than the recited abstract idea under Step 2B for the same reasons as stated above.
Therefore, the claims are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea. Accordingly, claims 1-20 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of copending Application No. 17/369,445. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims in each application are directed to using neural network to predict environmental impact on a specified crop during a set of phenological phases.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Englard et al. “US 2021/0209705 A1” (Englard).
Regarding Claim 1: A computer-implemented method comprising:
training a neural network to predict environmental impact on a specified crop, the growth process of the specified crop having a plurality of phenological phases, by (at least see Englard Abstract; Fig. 4; [0030]):
providing a first training set comprising a plurality of data items, the data items comprising a phenological phase of the specified crop, a set of quantitative environmental factors, and a factor specifying impact of the set of quantitative environmental factors on quality of the specified crop (at least see Englard Abstract; Fig. 2; [0004] and [0011]); and
training the neural network using the first training set so that the neural network is configured, as a result of said training, to predict quality of the specified crop based on said set of quantitative environmental factors during a set of phenological phases (at least see Englard Abstract; Fig. 1A; [0015] and [0018]).
Regarding Claim 2: The computer-implemented method of claim 1, wherein the set of the environmental factors comprises at least temperature during a specified phenological phase of the specified crop (at least see Englard [0016]).
Regarding Claim 3: The computer-implemented method of claim 1, wherein the set of the environmental factors comprises at least humidity at each temperature of a plurality of temperatures during a specified phenological phase of the specified crop (at least see Englard Abstract; [0016]).
Regarding Claim 4: The computer-implemented method of claim 1, wherein the set of the environmental factors comprises at least hours of daylight, temperature and humidity during a specified phenological phase of the specified crop (at least see Englard [0018]).
Regarding Claim 5: The computer-implemented method of claim 1, wherein the set of the environmental factors comprises at least humidity during a specified phenological phase of the specified crop (at least see Englard [0055]).
Regarding Claim 6: The computer-implemented method of claim 1, wherein the set of the environmental factors comprises at least hours of daylight during a specified phenological phase of the specified crop (at least see Englard [0056]).
Regarding Claim 7: The computer-implemented method of claim 1, further comprising: receiving, at a computer system, a set of datafiles, each datafile indicating, for growing location at which the specified crop is growing, environmental data during a specified phenological phase of the specified crop; and for each received datafile, operating the computer system to execute code to: evaluate the set of datafiles with the neural network to produce a crop yield impact factor for the specified crop (at least see Englard [0062]).
Regarding Claims 8-20: all limitations as recited have been analyzed and rejected with respect to claims 1-7.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FATEH M OBAID whose telephone number is (571)270-7121. The examiner can normally be reached Monday-Friday 8:00 A.M to 4:30 P.M.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ryan Zeender can be reached at (571) 272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FATEH M OBAID/Primary Examiner, Art Unit 3627
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