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 .
Priority
This Application claims priority to a Korean Application # KR10-2023-0157995 filed on 11/15/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/22/2024 was filed along with the mailing date of the Non-Provisional Patent Application on 09/22/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
DETAILED ACTION
This Office Action is in response to a Non-Provisional Patent Application filed on 09/22/2024. In the application, claims 1-7 have been received for consideration and have been examined.
Specification
Applicant’s submitted specification has been reviewed; however, specification has not found to be in compliance. The submitted application recites in Pre-grant publication US20250158994A1 paragraph [0025] “The present invention relates to a system 10 for …”, and in [0027] “The system 10 according to …”. Examiner considered the instant drawings and notice that there is no depiction of “system 10” in any of the drawings. The FIG. 1 shows that “agent 10” is assigned # “10” as an element in the figure, however, “system 10” is not depicted in any of the drawings. Therefore, specification is not supported with the submitted drawings.
Appropriate correction is required to the specification and potentially to the figure as well.
Drawings
Applicant’s submitted drawings have been reviewed and found to be in compliance.
Claim Rejections - 35 USC § 101 (Abstract Idea)
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 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more analyzed according to MPEP 2106.
Step 1: The independent claim 1 does fall into one of the four statutory categories of “system” claim. Nevertheless, the claim still is considered as abstract idea (i.e., Mental process) for the following prongs and reasons.
Step 2A: Prong 1: The limitations of the independent claim 1 recite the abstract idea of:
[[an agent]] a human administrator installed in the user terminal, and configured to collect a registry generated in the user terminal (Mental process: a human administrator collects information about user terminal);
a [[confidence determination machine]] confidence determining human administrator in which legitimate user information and legitimate user terminal information are registered, configured to perform identity authentication for the user and the user terminal, which request access to an in-house resource management server, and configured to perform verification on state information of the user terminal based on a security policy that is previously distributed to determine a confidence level when the identity authentication for the user and the user terminal is completed (Mental process: another human administrator assigned to determine if the user accessing the user terminal is a registered and legitimate user by performing identity authentication for the user and the user terminal and verify the authentication for the user and the terminal according to a security policy and by comparing predetermined confidence level); and
[[a terminal management server]] a third human administrator configured to transmit a registry collection result from the agent to the confidence determination machine as the state information of the user terminal (Mental process: a third human administrator assigned to collect user and user terminal information from the human administrator to the confidence determining human administrator).
Step 2A: Prong 2: The judicial exceptions (i.e., an agent installed in the user terminal collect a registry …, a confidence determination machine configured to perform …, an in-house resource management server, and a terminal management server configured to transmit …) is not integrated into a practical application. In particular, the claims do not recite any additional element to perform beyond routine steps. To show that the involvement of a computer assists in improving the technology, the claims must recite the details regarding how a computer aids the method, the extent to which the computer aids the method, or the significance of a computer to the performance of the method. Merely adding generic computer components to perform the method is not sufficient. Thus, the claim must include more than mere instructions to perform the method on a generic component or machinery to qualify as an improvement to an existing technology (MPEP 2106.5(a) II).
In this particular case, the additional elements of the claim are:
“an agent installed in the user terminal, a confidence determination machine, an in-house resource management server, and a terminal management server”.
The additional elements are recited at a high-level of generality (i.e., as generic terms performing generic computer functions (instant spec. PGPub [0069-0072]) such that it amounts no more than mere instructions to apply the exception using generic computer components. Accordingly, the additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Therefore, the claims are directed to an abstract idea.
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the claims do not reflect improvement in the technology. Further, mere automated instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claims are not patent eligible.
As discussed above with respect to integration of the abstract idea into a practical application, the additional elements (i.e., an agent installed in the user terminal, a confidence determination machine, an in-house resource management server, and a terminal management server) amount to no more than mere instructions to apply the exception using general purpose computer.
To support this factual conclusion, the examiner takes Official Notice that one of the ordinary skill in the art, before the effective filing date of the claimed invention, would have found processors and/or software well-known and routine in technology that involves computers (instant spec. PGPub [0069-0072] discloses that the functions of the disclosed claims can be implemented using generic computer(s)) such that it amounts no more than mere instructions to apply the exception using generic computer components. Accordingly, the additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Thus, the examiner asserts that the above noted elements, when considered individually or in combination, do not constitute as “significantly more” than the abstract idea.
The dependent claims 2-7 of respective independent claim 1 have been analyzed and fall into one of the statutory categories and therefore passes step 1 analysis. However, under step 2, 2A & 2B analysis, the dependent claims recite mental processes which can be implemented by one or more human users using pen and paper. Thus, dependent claims also recite abstract idea and considered ineligible.
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:
“an agent installed in the user terminal, and configured to …”,
“a confidence determination machine … configured to …”, and
“a terminal management server configured to …” in 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
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7 rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, because the claim purports to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, but fails to recite a combination of elements as required by that statutory provision and thus cannot rely on the specification to provide the structure, material or acts to support the claimed function. As such, the claim recites a function that has no limits and covers every conceivable means for achieving the stated function, while the specification discloses at most only those means known to the inventor. Accordingly, the disclosure is not commensurate with the scope of the claim.
The above identified limitations under the invocation of 35 USC § 112(f), fails to recite in the specification to provide the structure, material or acts to support the claimed function. Therefore, claim limitation lacks support for a structure in the specification.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 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 identified above 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. fails to recite in the specification to provide the structure, material or acts to support the claimed function and 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.
Dependent claims inherit these deficiencies.
Claims 1-7 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 1 is directed to “A dynamic access control system based on confidence levels of a user and a user terminal, which is implemented as a computing device including at least one processor and at least one memory for storing instructions that are executable by the processor, the dynamic access control system comprising:
an agent installed in the user terminal …
a confidence determination machine …; and
a terminal management server …”.
It is unclear for an ordinary skill in the art before the effective filing date of the claimed invention to comprehend in a manner ‘a dynamic access control system’ can comprises of the above identified elements. Examiner consulted the instant specification and notice from Figure 1. that “an agent installed in the user terminal …, a confidence determination machine …; and a terminal management server …” are depicted separately and are not part of the claimed ‘a dynamic access control system’. Furthermore, instant disclosure Figure 6. in PG-Pub paragraph [0068-0072] describes components of a computing system, however these paragraphs are silent with respect to identified elements being part of the claim which is solely directed to a dynamic access control system.
Therefore, the way limitations in the claim have been drafted, it renders the claim indefinite in light of the specification. Dependent claims inherit these deficiencies.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Urman., US20180293367A1
Okuda et al., US20240089259A1
Rykowski et al., US20210120380A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED M AHSAN whose telephone number is (571)272-5018. The examiner can normally be reached 8:30 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amir Mehrmanesh can be reached at 571-270-3351. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SYED M AHSAN/Primary Examiner, Art Unit 2491