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 .
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(s) 1-18 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims fall within at least one of the four categories of patent eligible subject matter. However, the claimed invention is directed to performing steps that fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind. An analysis of the claims regarding subject matter eligibility follows:
Step1: Claim(s) 1-18 recite a device and a method, therefore satisfying Step 1 of the analysis.
Step 2A, Prong 1: Claim(s) 1, 10 recite determining, from among the multiple screens, a relevant screen being relevant to a command in an execution phase among all commands described in the test program; capturing a screen display on each of the multiple screens from a signal line or from outside at a frame rate based on a result of the determining of the relevant screen, wherein the frame rate is temporarily modified based on the result of the determination of the relevant screen, which, under their broadest reasonable interpretation, covers performance of the limitations entirely in the human mind and/or with the aid of pen and paper. Specifically, the steps of “determining” and “capturing” may be practically performed in the human mind using observation, evaluation, and judgement of screen(s) (MPEP 2106.04(a)(2), subsection Ill). For example, “determining” in the context of the claim(s) encompasses a user determining, from among the multiple screens, a relevant screen being relevant to a command in an execution phase among all commands described in the test program, and “capturing” in the context of the claim(s) encompasses the user visually capturing a screen display on each of the multiple screens from a signal line or from outside at a frame rate based on a result of the determining of the relevant screen, wherein the frame rate is temporarily modified based on the result of the determination of the relevant screen. [examiner’s note: par 55 of the Spec states "the frame rate at which the screen displays are captured from a signal line or from the outside."]
Claim(s) 2-9, 11-18 recite further limitations that fall under the judicial exception as recited in claim(s) 1, 10. Each of the further limitations encompass performance of the steps within the human mind.
Step 2A, Prong 2: The additional elements recited in claim(s) 1, 10, “a storage device,” “a hardware processor,” “storing… a test program in which one or more commands are described, the one or more commands including a first command simulating a user operation on a device with multiple screens, the first command causing the device to perform an action responding to the user operation;” and “executing functional testing of the device by sequentially executing all the commands” do not integrate the judicial exception into a practical application. These limitations are directed to implementing the abstract idea using generic computer components (MPEP 2106.05(f)) and recite selecting a particular data source or type of data to be manipulated, and thus are insignificant extra-solution activity (MPEP 2106.05(g)).
Claim(s) 2-9, 11-18 recite further details regarding stopping capturing screen displays, a waiting time, or a reference image. These claims contain no additional elements which would integrate the abstract idea into a practical application.
Accordingly, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the identified abstract idea.
Step 2B: Claim(s) 1, 10 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed in Step 2A, Prong 2 above, the recitations of “a storage device,” “a hardware processor,” “storing… a test program in which one or more commands are described, the one or more commands including a first command simulating a user operation on a device with multiple screens, the first command causing the device to perform an action responding to the user operation;” and “executing functional testing of the device by sequentially executing all the commands” are recited at a high level of generality. These elements amount to storing and retrieving information in memory, and thus are well-understood, routine, conventional activity (MPEP 2106.05(d), subsection II).
Regarding claim(s) 2-9, 11-18, the additional elements are not sufficient to amount to significantly more than the judicial exception because they simply apply the exception using a generic computer.
Therefore, claim(s) 1-18 recite an abstract idea without significantly more, and are not patent eligible.
Response to Remarks
Applicant's Remarks have been fully considered but they are not persuasive.
Regarding the rejections under 101, the Remarks state, “an ordinary artisan would reasonably understand that temporary modification of frame rates based on a screen display capture status will lower overall processing load, and that such reduction of processing load for more efficient utilization of computing resources is a technological improvement over the conventional evaluation of screen displays.” However, the examiner respectfully disagrees. The claim recites modifying a frame rate on multiple screens. The claim relies on generic computer hardware in par 28 and fig 2 executing conventional functions to achieve the result. The claim does not improve the functioning of the computer itself. It uses the computer as a mere tool to apply the abstract idea of adjusting display speeds. Simply invoking a well-known concept like 'frame rate' or 'multi-screen displays' does not transform an abstract idea into a patent-eligible application.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KATHERINE LIN whose telephone number is (571)431-0706. The examiner can normally be reached Monday-Friday; 8 a.m. - 5 p.m. EST.
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/KATHERINE LIN/Primary Examiner, Art Unit 2113
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