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
An effective filing date of 12/17/2021 is acknowledged.
Claim 1 is pending.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1
Line 14; change “generating” to --generate--.
Line 25; insert --plurality of-- after “the subset of the”
Line 26; insert --the-- before “one or more other data element instance data”
Line 28; insert --plurality of-- before “data element”
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.
Claim 1 is 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 1
Step 1
The claim is statutory because it is directed to a method.
Step 2A, prong 1
The claim recites limitations
“iterate over the plurality of data vessel data objects, and for each data vessel data object, generating one or more data element instance data objects …;
select a subset of the plurality of data element instance data objects …;
order the subset of the data element instance data objects based their respective one or more references to one or more other data element instance data objects.”
The step “iterate over the plurality of data vessel data objects, and for each data vessel data object, generating one or more data element instance data objects …” relies on human observation of data vessel data objects, and with an aid of paper and pen, human generates data element instance data objects.
The step “select a subset of the plurality of data element instance data objects …” merely select a subset which can be performed by human based on observation of the plurality of data element instance data objects to identify and select data element instance data objects for the subset.
Finally the step “order the subset of the data element instance data objects based their respective one or more references to one or more other data element instance data objects” also relies on human observation and evaluation of the objects to decide their order.
Thus, these limitations are directed to a mental process.
Step 2A, prong 2
The claim recites additional limitations “access a first data storage …; store the ordered subset of the data element instance data objects in a second data storage as a digital thread.” These additional limitations receive data and store data, which are just insignificant extra-solution activities.
The claim further recites additional elements “a computer processor and a non-transitory computer-readable storage medium”. The additional element is recited at high level of generality and used as a tool to perform the limitations.
In other words, the additional limitations and the additional elements are not indicative of an integration into a practical application.
Steps 2B
The claim as a whole is not amounted to significantly more than the judicial exception. Claim 1 is directed to an abstract idea. Therefore, claim 1 is not patent eligible.
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 & 11 of U.S. Patent No. 12,131,134 B1 (herein after ‘134.) Although the claims at issue are not identical, they are not patentably distinct from each other because:
Application 18/895,724
Patent 12,131,134 B1
Claim 1
A system for improving a physical component, the system comprising:
a computer processor; and
a non-transitory computer-readable storage medium storing executable instructions thereon, wherein the computer processor is configured, in response to executing the executable instructions, to:
access a first data storage, wherein the first data storage stores
a plurality of function data objects, wherein each function data object of the plurality of function data objects includes a reference to one or more data vessel data objects, and
a plurality of data vessel data objects, wherein each data vessel data object includes a reference to one or more function data objects of the plurality of function data objects;
iterate over the plurality of data vessel data objects, and for each data vessel data object, generating one or more data element instance data objects, wherein each data element instance data object of the one or more data element instance data objects includes
a data element identifier,
one or more references to one or more other data element instance data objects,
wherein the one or more data element instance data objects generated from the iteration over the plurality of data vessel data objects form a plurality of data element instance data objects;
select a subset of the plurality of data element instance data objects that include the same data element identifier;
order the subset of the data element instance data objects based their respective one or more references to one or more other data element instance data objects; and
store the ordered subset of the data element instance data objects in a second data storage as a digital thread.
Claim 1
A system for improving a physical component, the system comprising:
a computer processor; and
a non-transitory computer-readable storage medium storing executable instructions thereon, wherein the computer processor is configured, in response to executing the executable instructions, to:
access a first data storage, wherein the first data storage stores
a plurality of function data objects, wherein each function data object of the plurality of function data objects includes a reference to one or more data vessel data objects, and
a plurality of data vessel data objects, wherein each data vessel data object includes a reference to one or more function data objects of the plurality of function data objects;
iterate over the plurality of data vessel data objects, and for each data vessel data object, generating one or more data element instance data objects, wherein each data element instance data object of the one or more data element instance data objects includes
a data element identifier,
a reference to a function data object,
a reference to the data vessel data object,
data identifying one or more actors, wherein the one or more actors, wherein the one or more actors access a data element instance of the data element instance data object, and
one or more references to one or more other data element instance data objects,
wherein the one or more data element instance data objects form a plurality of data element instance data objects;
select a subset of the plurality of data element instance data objects, wherein one or more data element instance data objects of the subset having the same data element identifier;
order the subset based on one or more references of the one or more data element instance data objects of the subset to one or more other data element instance data objects of the subset; and
store the ordered subset in a second data storage as a digital thread.
Claim 1
A system for improving a physical component, the system comprising:
a computer processor; and
a non-transitory computer-readable storage medium storing executable instructions thereon, wherein the computer processor is configured, in response to executing the executable instructions, to:
access a first data storage, wherein the first data storage stores
a plurality of function data objects, wherein each function data object of the plurality of function data objects includes a reference to one or more data vessel data objects, and
a plurality of data vessel data objects, wherein each data vessel data object includes a reference to one or more function data objects of the plurality of function data objects;
iterate over the plurality of data vessel data objects, and for each data vessel data object, generating one or more data element instance data objects, wherein each data element instance data object of the one or more data element instance data objects includes
a data element identifier,
one or more references to one or more other data element instance data objects,
wherein the one or more data element instance data objects generated from the iteration over the plurality of data vessel data objects form a plurality of data element instance data objects;
select a subset of the plurality of data element instance data objects that include the same data element identifier;
order the subset of the data element instance data objects based their respective one or more references to one or more other data element instance data objects; and
store the ordered subset of the data element instance data objects in a second data storage as a digital thread.
Claim 11
A system for improving a physical component, the system comprising:
a computer processor; and
a non-transitory computer-readable storage medium storing executable instructions thereon, wherein the computer processor is configured, in response to executing the executable instructions, to:
access a first data storage, wherein the first data storage stores
a plurality of function data objects, wherein each function data object of the plurality of function data objects includes a reference to one or more data vessel data objects, and
a plurality of data vessel data objects, wherein each data vessel data object includes a reference to one or more function data objects of the plurality of function data objects;
iterate over the plurality of data vessel data objects, and for each data vessel data object, generating one or more data element instance data objects, wherein each data element instance data object of the one or more data element instance data objects includes
an instance identifier,
a data element identifier,
a reference to a function data object, a reference to the data vessel data object,
data identifying one or more actors, wherein the one or more actors access a data element instance of the data element instance data object, and
one or more references to one or more other data element instance data objects,
wherein the one or more data element instance data objects form a plurality of data element instance data objects;
select a subset of the plurality of data element instance data objects, wherein one or more data element instance data objects of the subset having the same data element identifier;
order the subset based on one or more references of the one or more data element instance data objects of the subset to one or more other data element instance data objects of the subset;
receive input from a user, wherein the input includes a selection of a first data element instance data object of the one or more data element instance data objects;
remove, from the one or more data element instance data objects and from the subset, a first data element instance data object;
remove, from a second data element instance data object, a reference to the first data element instance data object;
reorder the subset based on the one or more references of the one or more data element instance data objects of the subset to the one or more other data element instance data objects of the subset; and
store the ordered subset in a second data storage as a digital thread.
As shown in the table above, claim 1 of the instant application is anticipated by claims 1 and 11 of ‘134.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Goradia et al. (Pub. No. US 2020/0210857 A1): A business knowledge model is mapped to data sources and used to generate information for generating APIs for generating views of business data.
Koese et al. (Pub. No. US 2018/0293597 A1): Systems and methods facilitate an error analysis of a product deficiency.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CUONG V LUU whose telephone number is (571)270-1733. The examiner can normally be reached 6:30 AM - 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hyung S. Sough can be reached at (571) 272-6799. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CUONG V LUU/Examiner, Art Unit 2192
/S. Sough/SPE, Art Unit 2192
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