Final Rejection
This office action is in response to Applicants amendment filed 3/24/26.
The 35 U.S.C 101 rejections in the action of 1/9/26, are maintained and the details are addressed below.
35 U.S.C 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 18 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Regarding claim 18 the claim(s) recite(s) m sub-encoders for encoding K information bits based on m component codes in a codeword having a total length of mN, each of the m component codes being of length N, wherein each of m, K and N is an integer, wherein m ≤ N and K ≤ N; and a transmitter, wherein the encoder is configured to: store the K information bits into a message u; divide the message u into m sub-information vectors u⁽ⁱ, i=1,...,m of length K(i),...,K(m), respectively, wherein encode, by the m sub-encoders, each of the m sub-information vectors u(i) into m sub-codewords map the m sub-codewords into N symbols taken from 2ᵐ constellation points of a modulation format to form a vector x; label each of the N symbols into a string of m bitsas follows: in response to a first constellation point A having coordinates (a, ß), determine a sign SA of the first constellation point A; assign a first bit value to a label of the point A as o or 1 based on the sign SA; and for i=1, m-1: determine coordinates of a second constellation point A¹=(α¹, ßi) based on i+1 and an ith bit value, wherein the 1st bit value is the first bit value; determine a sign SAi of the second constellation point Ai; determine an (i+1)th bit value based on the sign SAi; and assign the (i+1)th bit value to the label of the point A; and and transmit, by the transmitter, the vector X through a communication channel.
For step 2A eligibility prong one analysis, map the m sub-codewords into N symbols taken from 2ᵐ constellation points of a modulation format to form a vector x; label each of the N symbols into a string of m bits; and transmit, by the transmitter, the vector X through a communication channel.
For step 2A eligibility prong two analysis, this judicial exception is not integrated into a practical application because it is not tied to any particular computer problem. The other limitations are merely mathematical steps or computations with for example, component codes (m sub-encoders for encoding K information bits based on m component codes in a codeword having a total length of mN, each of the m component codes being of length N, wherein each of m, K and N is an integer, wherein m ≤ N and K ≤ N; and a transmitter, wherein the encoder is configured to: store the K information bits into a message u; divide the message u into m sub-information vectors u⁽ⁱ, i=1,...,m of length K(i),...,K(m), respectively, wherein encode, by the m sub-encoders, each of the m sub-information vectors u(i) into m sub-codewords), or is well-understood, routine, conventional activity (divide the message u into m sub-information vectors u⁽ⁱ, i=1,...,m of length K(i),...,K(m), respectively, wherein encode, by the m sub-encoders, each of the m sub-information vectors u(i) into m sub-codewords). Thus, these are well-understood computations or processes, for example dividing messages into vectors of length, and encoding sub-information vectors. The limitation are so general that it could apply to any/every computing environment and does not integrate the claim to a practical application. These limitations do not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment.
For step 2B eligibility (Whether a Claim Amounts to Significantly More), The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional limitations are either mapping data using a modulation format to form a vector, creating a string of bits or, transmitting the vector X through a communication channel (map the m sub-codewords into N symbols taken from 2ᵐ constellation points of a modulation format to form a vector x; label each of the N symbols into a string of m bits as follows: in response to a first constellation point A having coordinates (a, ß), determine a sign SA of the first constellation point A; assign a first bit value to a label of the point A as o or 1 based on the sign SA; and for i=1, m-1: determine coordinates of a second constellation point A¹=(α¹, ßi) based on i+1 and an ith bit value, wherein the 1st bit value is the first bit value; determine a sign SAi of the second constellation point Ai; determine an (i+1)th bit value based on the sign SAi; and assign the (i+1)th bit value to the label of the point A; and transmit, by the transmitter, the vector X through a communication channel), or is well-understood, routine, conventional activity, as these computations or processes can be done or is well-understood in the field. Further, determining constellation point with sign or assigning bit values does not amount to significantly more either, ang again these are mathematical steps or computations.
These limitations do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Independent claims 24 and 29 are also rejected under 35 U.S.C. 101 for being directed to non-statutory subject matter. The same or similar reasoning is given as applied above for claim 1.
The Dependent claims 20-23, 25-28 and 31-34 are rejected under 35 U.S.C. 101 for being directed to non-statutory subject matter as they fail to remedy the independent claims.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Enam Ahmed whose telephone number is 571-270-1729. The examiner can normally be reached on Mon-Fri from 8:30 A.M. to 5:30 P.M.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Albert Decady, can be reached on 571-272-3819.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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EA
6/13/26
/ALBERT DECADY/Supervisory Patent Examiner, Art Unit 2112
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