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 .
Response to Amendment
Applicant's submission filed on 12/31/2025 has been entered. Claim(s) 1-19 is/are pending in the application. Examiner contacted the Attorney of record and made recommendations to the Applicant to move the case forward. As of this communication no agreement has been reached.
. Claim Rejections - 35 USC § 101
1. 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 1-19 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) 11 is/are drawn to a system (i.e., a machine/manufacture), and claim(s) 1 is/are drawn to non-transitory computer readable medium (i.e., a machine/manufacture). As such, claims 1, 11 is/are drawn to one of the statutory categories of invention.
Claims 1-19 are directed to managing user sessions. Specifically, the claims recite monitoring an Information Technology ("IT") device by the infrastructure management device connected to a network, the IT device is connected to a first console port of a console server, the console server is connected to the network, wherein monitoring the IT device comprises communicating with the console server via the network; determining, from monitoring the IT device via the network and the console server, if there is an IT device state of the IT device indicating a leftover session, wherein the leftover session is a first user's connection session on the IT device initiated by the first user using a first user device connected to the console server via the network,the first user's connection session has disconnected due to a network component of the network,a first state of the first user's connection session with the IT device via the first console port remains established to the IT device through the first console port of the console server via a network component, disconnects, and the first user's connection session with the IT device via the first console port of the console server remains open as the leftover session even after the first user's connection session disconnects, wherein the leftover session contains user identification information of the first user 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 IT device, nontransitory tangible machine readable medium, server, node, router, switch, firewall, processor, memory 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 IT device, nontransitory tangible machine readable medium, server, node, router, switch, firewall, processor, memory perform(s) the steps or functions of closing the first console port of the console server in response to determining the IT device state indicating the leftover session of the first user, wherein closing the first console port terminates the leftover session of the first user before a second user’s connection session to the IT device via the first console port begins; and wherein and closing the first console port of the console server in response to determining that the IT device state indicates there is the leftover session of the first user, wherein closing the first console port changes the first state of the first user's connection which is established to a second state of the first user's connection session which is terminated to terminate the leftover session of the first user to prevent a second user from accessing the leftover session of the first user when the second user initiates a second user's connection session on to the IT device via the first console port so as to prevent a security breach on the IT device. 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 IT device, nontransitory tangible machine readable medium, server, node, router, switch, firewall, processor, memory to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of managing user sessions. As discussed above, taking the claim elements separately, the IT device, nontransitory tangible machine readable medium, server, node, router, switch, firewall, processor, memory perform(s) the steps or functions of closing the first console port of the console server in response to determining that the IT device state indicates there is the leftover session of the first user, wherein closing the first console port changes the first state of the first user's connection which is established to a second state of the first user's connection session which is terminated to terminate the leftover session of the first user to prevent a second user from accessing the leftover session of the first user when the second user initiates a second user's connection session on to the IT device via the first console port so as to prevent a security breach on the IT device. 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 managing user sessions. 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.
Dependent claims 2-10, 12-19 further describe the abstract idea of managing user sessions. The dependent claims do not include additional elements that integrate the abstract idea into a practical application or that provide significantly more than the abstract idea. Therefore, the dependent claims are also not patent eligible.
Response to Arguments
Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive.
A. Applicant argues that the claims are not directed to a judicial exception under Step 2A Prong One. As for Step 2A Prong One, of the Abstract idea is directed towards the abstract idea of directed to managing user sessions 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)).
B. Applicant argues that the claims are not directed to a judicial exception under Step 2A Prong Two. As for Step 2A Prong Two, the claim limitations do not include additional elements in the claim that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, and the claim is not more than a drafting effort designed to monopolize the judicial exception and the claim limitation simply describe the abstract idea. The limitation directed to directed to managing user sessions does not add technical improvement to the abstract idea. The recitations to nontransitory tangible machine readable medium, server, node, router, switch, firewall, processor, memory perform(s) the steps or functions of and closing the first console port of the console server in response to determining that the IT device state indicates there is the leftover session of the first user, wherein closing the first console port changes the first state of the first user's connection which is established to a second state of the first user's connection session which is terminated to terminate the leftover session of the first user to prevent a second user from accessing the leftover session of the first user when the second user initiates a second user's connection session on to the IT device via the first console port so as to prevent a security breach on the IT device. 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.
C. Applicant argues that the claims are not directed to a judicial exception under Step 2B.
As for Step 2B, 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 limitation directed to directed to managing user sessions does not add significantly more to the abstract idea. Furthermore, using well-known computer functions to execute an abstract idea does not constitute significantly more. The recitations to one or more nontransitory tangible machine readable medium, server, node, router, switch, firewall, processor, memory are generically recited computer structure. 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 directed to managing user sessions. 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.
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.Howard, U.S. Patent App 20140233384, teaches a network element for communicating with a wireless communication unit is described. The network element comprises: a transceiver for communicating with the wireless communication unit; an interface for operably coupling to a data store; and a control processor. The control processor is operably coupled to the interface, and arranged to: intercept a communication from the wireless communication unit to a second network element, inspect the communication to determine whether the communication relates to a request for a first item of information; request the first item of information from the data store, wherein the control processor is further arranged to not forward the request for the first item of information to the second network element if it is determined that first item of information is stored in the data store; receive the first item of information from the data store; and transmit the first information to the wireless communication unit.,
2. Shaik, U.S. Patent App 20140064151, teaches various exemplary embodiments relate to a method performed by a policy and charging rules node (PCRN), the method including: sending a first Sy spending limit request (SLR) to an online charging system (OCS) without specifying any policy counters; receiving from the OCS a first spending limit answer (SLA) including policy counters and associated status reports for a subscriber; creating an Sy session; determining required policy counters based upon the policy counter statuses; sending a second Sy SLR to the OCS for the required policy counters; and receiving a second SLA including status reports for the required policy counters.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NINOS DONABED whose telephone number is (571)272-8757. The examiner can normally be reached Monday - Friday 8:00pm - 4:00pm.
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, John Follansbee can be reached on (571) 272-3964. 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.
/NINOS DONABED/Primary Examiner, Art Unit 2444
Prosecution Insights