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 office action is in response to the filing of Patent Application 18818143 on 8/28/2024.
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.
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: a service request reception part configured to receive (claim 1, 2), a connection destination determination part configured to reference (claim 1, 2), a connection destination switching part configured to transmit (claim 1, 2), an activation reception part configured to receive/reference/store (claim 1).
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 § 112
Claims 1-2 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim limitations “a service request reception part configured to receive (claim 1, 2), a connection destination determination part configured to reference (claim 1, 2), a connection destination switching part configured to transmit (claim 1, 2), an activation reception part configured to receive/reference/store (claim 1),” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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 1-4 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim(s) 1-4 is/are drawn to a system (i.e., a machine/manufacture), machine/manufacture). As such, claims 1-2 is/are drawn to one of the statutory categories of invention.
Claims 1-4 are directed to routing information based on matching. Specifically, the claims recite a service request reception part configured to receive a service request including activation identification information indicating a right to use a service; a connection destination determination part configured to reference an activation information database in which the activation identification information and connection information for connecting to a service that processes the service request are stored and associated with each other, to retrieve the connection information for the service request; and an activation reception part configured to receive an activation request transmitted by a terminal, the terminal being a transmission source of the service request, the activation request transmitted by the terminal before transmitting an initial service request, the activation request including the activation identification information and tenant identification information indicating a tenant to which the terminal belongs, reference a tenant information database storing and associating the tenant identification information and the connection information with each other, and store and associate the activation identification information and the connection information with each other in the activation information database, which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (fundamental economic principles or practices including hedging insurance, mitigating risk) OR (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) OR (managing personal behavior or relationships or interactions between people including social activities teaching, and following rules or instructions) OR Mental Processes and is similar to the concept of (concepts performed in the human mind (including an observation, evaluation, judgement, opinion) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as one or more hardware processers merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the one or more hardware processers perform(s) the steps or functions of transmit the service request to a server providing the service corresponding to the connection information. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims 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 because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a one or more hardware processers to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of routing information based on matching. As discussed above, taking the claim elements separately, the one or more hardware processers perform(s) the steps or functions of transmit the service request to a server providing the service corresponding to the connection information. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of routing information based on matching. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Puusaari (U.S. Patent App Pub 20200205109).
Regarding claim 1,
Puusaari teaches the connection switching server implemented using one or more hardware processers and comprising: (See paragraphs 32, 36, 40, figs 2-3, Puusaari)
a service request reception part configured to receive a service request including activation identification information indicating a right to use a service; (See paragraphs 24-25, 34-35, 40, figs 2-3, Puusaari teaches the services application can retrieve and transmit one or more identifiers to the services platform via the communication network as part of the activation notification procedure)
a connection destination determination part configured to reference an activation information database in which the activation identification information and connection information for connecting to a service that processes the service request are stored and associated with each other, to retrieve the connection information for the service request; (See paragraphs 21, 24-25, 36, figs 2-3, Puusaari teaches The services platform 111 may query the equipment database and/or user database to determine if the service status of the UE and/or the user.)
a connection destination switching part configured to transmit the service request to a server providing the service corresponding to the connection information; and(See paragraphs 36-38, 31, 25 figs 2-3, Puusaari teaches transmit the service request to a server providing the service)
an activation reception part configured to receive an activation request transmitted by a terminal, the terminal being a transmission source of the service request, the activation request transmitted by the terminal before transmitting an initial service request, the activation request including the activation identification information and tenant identification information indicating a tenant to which the terminal belongs, (See paragraphs 25-27,37-38 figs 2-3, Puusaari teaches during the activation or registration process, the computing device may query the UE for any available user information, e.g. the services application related information, account information, user identifier and password information, personal identification number (PIN) number, service identification number, user contact information, email address, phone number, social network service information, etc. that may be stored in a memory of the UE)
reference a tenant information database storing and associating the tenant identification information and the connection information with each other, and (See paragraphs 25-27,36-38 figs 2-3, Puusaari teaches the equipment database and the user database may be used by the services platform to assist with managing user accounts and services. Moreover, the services platform can utilize the equipment database and the user database to store relevant information about the UE and/or the user.)
store and associate the activation identification information and the connection information with each other in the activation information database. (See paragraphs 21, 25, 37, 40, figs 2-3, Puusaari teaches the services platform may query an equipment database to determine status information about the UE based on the unique identifier. The status information may include whether the UE is compatible with the service, whether the UE or the user has been activated to work with the service, etc. When the services platform retrieves the status information, the services platform may transmit the status information to the computing device, which may utilize the services application to process the status information.)
Regarding claim 2,
Puusaari teaches the connection switching server implemented using one or more hardware processers and comprising: (See paragraphs 32, 36, 40, figs 2-3, Puusaari)
a service request reception part configured to receive a service request including activation identification information indicating a right to use a service; (See paragraphs 24-25, 34-35, 40, figs 2-3, Puusaari teaches the services application can retrieve and transmit one or more identifiers to the services platform via the communication network as part of the activation notification procedure)
a connection destination determination part configured to reference an activation information database in which the activation identification information and connection information for connecting to a service that processes the service request are stored and associated with each other, to retrieve the connection information for the service request; and(See paragraphs 21, 24-25, 36, figs 2-3, Puusaari teaches The services platform 111 may query the equipment database and/or user database to determine if the service status of the UE and/or the user.)
a connection destination switching part configured to transmit the service request to a server providing the service corresponding to the connection information, (See paragraphs 36-38, 31, 25 figs 2-3, Puusaari teaches transmit the service request to a server providing the service)
wherein the service is a retrieval service of retrieval from a database, and (See paragraphs 37-39, 49, fig 7-8 Puusaari teaches retrieval of service)
wherein the connection information includes: an address of a database management server including the database; and identification information identifying the database. (See paragraphs 25, 37-39, 49, fig 7-8, Puusaari teaches the services platform may communicate with a license provisioning gateway or the equipment database to retrieve information associated with a UE 101 based on a hardware identifier. Such communications may include, among other data, transfer of information relating to account information, UE 101 information, activation information.)
Claim 3 list all the same elements of claim 1, but in method form rather than system form. Therefore, the supporting rationale of the rejection to claim 1 applies equally as well to claim 3.
Claim 4 list all the same elements of claim 2, but in method form rather than system form. Therefore, the supporting rationale of the rejection to claim 2 applies equally as well to claim 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and located in the PTO-892 form.
1.Kuruganti, U.S. Patent App 20110302133, teaches a method, system, and computer-readable medium having instructions for sharing information between tenants of a multi-tenant database, information is received on a connection between a first tenant of a multi-tenant database and a second tenant and the connection has information on a scope of data from the first tenant shared with the second tenant, data is allowed for a record of the first tenant to be accessible to the second tenant in accordance with the connection, information is received on a file related to the record of the first tenant, and data is allowed from the file to be accessible to the second tenant in accordance with the connection.
2. Fletecher, U.S. Patent App 20120030356, teaches power consumption efficiency of servers and data centers that comprise the servers can be taken into consideration when identifying servers from which to allocate resources for servicing a request. A subset of a plurality of servers from which resources can be allocated to service the request can be identified based on availability of resources at each of the plurality of servers. Facilities elements (including power distribution elements and cooling elements) associated with the each server of the subset of the plurality of servers are identified. An energy cost for each server of the subset of the plurality of servers is calculated based on power characteristics of the facilities elements. Resources of a first of the subset of the plurality of servers are allocated for servicing the request is identified based on determining that the first of the subset of the plurality of servers is associated with a lowest energy cost.
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/NINOS DONABED/Primary Examiner, Art Unit 2444