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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “ANALYZING THE RECYCLABILITY OF PRODUCTS BASED ON A CHEMICAL ANALYSIS,” OR “DETERMINING CHEMICAL CHARACTERISTICS OF A PRODUCT,” or any other descriptive title.
Claim Objections
Claims 1, 3-8, 10, and 15 are objected to because of the following informalities: the use of “and/or” is informal and has been interpreted using the Broadest Reasonable Interpterion to mean “or.” Appropriate correction is required.
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 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Alice/Mayo Framework Step 1:
Claims 1-14 recite a series of steps and therefore recite a process.
Claims 15 recite a combination of devices and therefore recite a machine.
Alice/Mayo Framework Step 2A – Prong 1:
Claims 1 and 15, as a whole, are directed to the abstract idea of assessing and outputting information for the recyclable characteristics of a chemical substance, which is a mental process and method of organizing human activity. The claims recite a method of organizing human activity because the identified idea is a fundamental economic principles or practices (including hedging, insurance, mitigating risk) by reciting assessing the recyclability of a chemical substance. See MPEP 2106.04(a)(2)(II)(A). The claims recite a mental process because the identified idea contains limitations that can practically be performed in the human mind (including an observation, evaluation, judgement, or opinion) by reciting evaluating a chemical substance and opining on recyclable characteristics. See MPEP 2106.04(a)(2)(III). The mental process and method of organizing human activity of “assessing and outputting information for the recyclable characteristics of a chemical substance,” is recited by claiming the following limitations: specifying characteristics of a chemical substance and outputting those characteristics. The mere nominal recitation of a processor and a memory does not take the claim of the mental process or method of organizing human activity grouping. Thus, the claim recites an abstract idea.
With regards to Claims 8 and 10-11, the claims further recite the above-identified judicial exception (the abstract idea) by reciting the following limitations: extracting an output target, creating a list of output targets, outputting the target list, receiving user selection, and generating a model for extracting an output target based on the selection.
Alice/Mayo Framework Step 2A – Prong 2:
Claims 1 and 15 recite the additional elements: a processor and a memory. These processor and memory limitations are no more than mere instructions to apply the exception using a generic computer component. Taken individually these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Considering the limitations containing the judicial exception as well as the additional elements in the claim besides the judicial exception does not amount to a practical application of the abstract idea. The claim as a whole does not improve the functioning of a computer or improve other technology or improve a technical field. The claim as a whole is not implemented with a particular machine. The claim as a whole does not effect a transformation of a particular article to a different state. The claim as a whole is not applied in any meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. The claim as a whole merely describes how to generally “apply” the concept of recycling in a computer environment. The claimed computer components are recited at a high level of generality and are merely invoked as tools to perform an existing recycling process. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. The claim is directed to the abstract idea.
Alice/Mayo Framework Step 2B:
Claims 1 and 15 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claims recite a generic computer performing generic computer function by reciting a processor and a memory. See Intellectual Ventures I LLC v. Capital One Fin. Corp., 850 F.3d 1332, 1341 (describing a “processor” as a generic computer component); Mortg. Grader, Inc. v. First Choice Loan Servs. Inc., 811 F.3d 1314, 1324–25 (Fed. Cir. 2016) (claims reciting an “interface,” “network,” and a “database” are nevertheless directed to an abstract idea); Content Extraction & Transmission LLC v. Wells Fargo Bank, Nat’l Ass’n, 776 F.3d 1343, 1347–48 (discussing the same with respect to “data” and “memory”). The claims recite the following computer functions recognized by the courts as generic computer functions by reciting processing information (See MPEP 2106.05(d)(II) performing repetitive calculations, Flook; Bancorp Services), and presenting information (See MPEP 2106.05(d)(II), MPEP 2106.05(g) presenting offers gathering statistics, OIP Technologies) The specification demonstrates the well-understood, routine, conventional nature of the following additional elements because they are described in a manner that indicates the elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. 112(a): a processor (Specification [0038]) and a memory (Specification [0039]). See MPEP 2106.05(d)(I)(2). The claims add the words “apply it” or words equivalent to “apply the abstract idea” such as instructions to implement the abstract idea on a computer by reciting a processor and a memory. See MPEP 2106.05(f). The claims limit the field of use by reciting chemical substances. See MPEP 2106.05(h). Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. See MPEP 2106.05(a). Their collective functions merely provide conventional computer implementation. See MPEP 2106.05(b). Therefore, the claims do not include additional elements alone, and in combination, that are sufficient to amount to significantly more than the recited judicial exception.
With regards to Claims 2, 4-5, 9, and 11, the additional elements do not amount to significantly more than the judicial exception. Claims 2, 4-5, 9, and 11 recite a generic computer performing generic computer functions by reciting receiving information (See MPEP 2106.05(d)(II) receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec; TLI Communications LLC; OIP Techs.; buySAFE, Inc.), storing and retrieving information (See MPEP 2106.05(d)(II) storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc.; OIP Technologies). Regarding claims 4 and 11, the specification demonstrates the well-understood, routine, conventional nature of the following additional elements because they are described in a manner that indicates the elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. 112(a): a database (Specification [0040], [0050]) and machine learning (Specification [0091]). See MPEP 2106.05(d)(I)(2). Claims 2, 4-5, and 11 add the words “apply it” or words equivalent to “apply the abstract idea” such as instructions to implement the abstract idea on a computer by reciting receiving information regarding a product, a database, and machine learning. See MPEP 2106.05(f). Claims 2, 4-5, and 9 recite insignificant extrasolution activity (i.e. mere data gathering, selecting a particular data source or type of data to be manipulated, or an insignificant application) by reciting receiving information regarding a product, acquiring product information, registering product information in the database, and receiving a user attribute. See MPEP 2106.05(g). Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. See MPEP 2106.05(a). Their collective functions merely provide conventional computer implementation. See MPEP 2106.05(b). Therefore, the claims do not include additional elements that are sufficient to amount to significantly more than the recited judicial exception.
Remaining Claims:
With regards to Claims 3, 6-7, and 12-14, these claims merely add a degree of particularity to the limitations discussed above rather than adding additional elements capable of transforming the nature of the claimed subject matter. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation. Therefore, the claims as a whole do not amount to significantly more than the abstract idea itself.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Banatao et al. (U.S. P.G. Pub. 2022/0101277 A1), hereinafter Banatao.
Claim 1.
Banatao discloses an information processing method executed by one or more processors (Banatao [0072]), the method comprising:
specifying at least one of information regarding a characteristic of a product described in following (a) to (c) on a basis of a name of a chemical substance (Banatao [0020] sensor tool; [0024] spectroscopic database; [0025] generate chemical fingerprint; [0026] chemical fingerprint may describe principal component compounds and additives or contaminants indicated by the characterization data; [0048] fingerprint database; [0059] material identification data) and/or functional group contained in the product:
(a) information regarding a characteristic different from an original characteristic of the product (Banatao [0015], [0020], [0022], [0047], [0068] contaminants);
(b) information regarding a characteristic that the product can acquire as it changes over time (Banatao [0022], [0032], [0054] decomposition; [0031] reaction schemas); and
(c) information regarding a characteristic obtainable by modifying the product (Banatao [0027] chemical fingerprint may permit identification of one or more target products); and
outputting the information regarding the characteristic of the product specified (Banatao [0028] user interface may permit a user to review the data making up the chemical fingerprint, conduct a search of potential chemical recycling products, and indicate one or more desired products).
Claim 2.
Banatao discloses all the elements of claim 1, as shown above. Additionally, Banatao discloses:
receiving information regarding a product (Banatao [0020] sensor tool; [0024] spectroscopic database; [0025] generate chemical fingerprint; [0026] chemical fingerprint may describe principal component compounds and additives or contaminants indicated by the characterization data; [0048] fingerprint database; [0059] material identification data).
Claim 3.
Banatao discloses all the elements of claim 2, as shown above. Additionally, Banatao discloses:
wherein the information regarding the product includes attribute information of the product and/or image information using the product as a subject (Banatao [0021] characterization data; [0022] characterization data includes additives or contaminants; [0043] image analysis; [0048] fingerprint database).
Claim 4.
Banatao discloses all the elements of claim 2, as shown above. Additionally, Banatao discloses:
acquiring a name of a chemical substance and/or a functional group contained in the product received with reference to a database holding information regarding the product and the name of the chemical substance and/or the functional group contained in the product in association with each other (Banatao Fig. 2 Items 210, 260; [0024] database of spectroscopic data for multiple standard materials, combinations of materials, as well as empirical characterization data for real-world materials; [0039] spectrum database storing spectral data; [0048] fingerprint database).
Claim 5.
Banatao discloses all the elements of claim 4, as shown above. Additionally, Banatao discloses:
registering the information regarding the product received and the name of chemical substance and/or the functional group contained in the product received in the database in association with each other (Banatao Fig. 2 Item 260, [0048] fingerprint database stores bands of interest, material signatures, and contaminant signatures).
Claim 6.
Banatao discloses all the elements of claim 1, as shown above. Additionally, Banatao discloses:
wherein the information regarding the characteristic of the product includes information regarding a function and/or use of the product (Banatao [0035], [0061] utilization data includes market data such as product demand).
Claim 7.
Banatao discloses all the elements of claim 1, as shown above. Additionally, Banatao discloses:
wherein the outputting the information regarding the characteristic of the product specified includes outputting information regarding a good using a function of the product and/or information regarding a good according to a use of the product (Banatao [0035], [0061] select possible reaction products based on product demand).
Claim 8.
ai
Banatao discloses all the elements of claim 1, as shown above. Additionally, Banatao discloses:
wherein the outputting the information regarding the characteristic of the product specified includes
extracting information of an output target on a basis of a characteristic of a good from among information regarding a good using a function of the product and/or information regarding a good according to a use of the product (Banatao [0034], [0035], [0051], [0064] optimization engine may use machine learning to output modification or selection of chemical reaction schemas; [0059] optimization engine inputs),
creating a list including the information extracted of the output target (Banatao [0028] user interface may permit a user to review the data making up the chemical fingerprint, conduct a search of potential chemical recycling products, and indicate one or more desired products), and
outputting the list (Banatao [0028] user interface may permit a user to review the data making up the chemical fingerprint, conduct a search of potential chemical recycling products, and indicate one or more desired products).
Claim 9.
Banatao discloses all the elements of claim 1, as shown above. Additionally, Banatao discloses:
receiving attribute information of a user (Banatao [0028] user may provide manual input of desired product identifications; [0064] human specified weights used by the optimization engine).
Claim 10.
ai
Banatao discloses all the elements of claim 9, as shown above. Additionally, Banatao discloses:
wherein the outputting the information regarding the characteristic of the product specified includes
extracting information of an output target on a basis of a characteristic of a good and attribute information of the user from among information regarding a good using a function of the product and/or information regarding a good according to a use of the product (Banatao [0034], [0035], [0051], [0064] optimization engine may use machine learning to output modification or selection of chemical reaction schemas; [0059] optimization engine inputs),
creating a list including the information extracted of the output target (Banatao [0028] user interface may permit a user to review the data making up the chemical fingerprint, conduct a search of potential chemical recycling products, and indicate one or more desired products), and
outputting the list (Banatao [0028] user interface may permit a user to review the data making up the chemical fingerprint, conduct a search of potential chemical recycling products, and indicate one or more desired products).
Claim 11.
apply/ai
Banatao discloses all the elements of claim 9, as shown above. Additionally, Banatao discloses:
receiving one or more pieces of information selected by the user from among the information regarding the characteristic of the product specified (Banatao [0028] user may provide manual input of desired product identifications; [0064] human specified weights used by the optimization engine);
performing machine learning using teacher data in which attribute information of the user and the one or more pieces of information selected by the user are associated with each other (Banatao [0034], [0035] optimization engine may use machine learning to output modification or selection of chemical reaction schemas; [0046] training data; [0051] machine learning may be used to identify reactions to deconstruct waste materials; [0059] optimization engine inputs; [0064] optimization engine may use machine learning to minimize a loss function); and
generating, in a case where attribute information of a user is input, a learned model for extracting information of an output target from among the information regarding the characteristic of the product specified (Banatao [0034], [0035] optimization engine may use machine learning to output modification or selection of chemical reaction schemas; [0046] training data; [0051] machine learning may be used to identify reactions to deconstruct waste materials; [0059] optimization engine inputs; [0064] optimization engine may use machine learning to minimize a loss function).
Claim 12.
Banatao discloses all the elements of claim 11, as shown above. Additionally, Banatao discloses:
wherein the outputting the information regarding the characteristic of the product specified includes outputting information obtained by inputting attribute information of the user to the learned model (Banatao [0034], [0035] optimization engine may use machine learning to output modification or selection of chemical reaction schemas; [0046] training data; [0051] machine learning may be used to identify reactions to deconstruct waste materials; [0059] optimization engine inputs; [0064] human specified weights used by the optimization engine).
Claim 13.
Banatao discloses all the elements of claim 1, as shown above. Additionally, Banatao discloses:
wherein the product is an unnecessary product (Banatao [0015], [0020], [0022], [0047], [0068] contaminants).
Claim 14.
Banatao discloses all the elements of claim 1, as shown above. Additionally, Banatao discloses:
wherein the product is a waste (Banatao [0015], [0020], [0022] waste).
Claim 15.
Banatao discloses an information processing system comprising:
one or more processors (Banatao [0072]); and
one or more memories storing instructions that, when executed by the one or more processors, cause the information processing system to perform operations (Banatao [0072]), wherein the operations comprise:
Banatao discloses the remaining limitations of claim 15 as shown above in claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT M TUNGATE whose telephone number is (571)431-0763. The examiner can normally be reached Monday - Friday, 9:00 - 4:30 EST.
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/SCOTT M TUNGATE/Primary Examiner, Art Unit 3628