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 .
Information Disclosure Statement
The information disclosure statement (IDS) filed on 12/12/2024 was considered and placed on the file of record by the examiner.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to -abstract idea without significantly more.
In Alice Corporation Pty. Ltd. v. CLS Bank International, et al. {“Alice Corp.’’), the Supreme Court made clear that it applies the framework set forth in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S._(2012) {Mayo), to analyze claims directed towards laws of nature and abstract idea. Alice Corp. also establishes that the same analysis applies for all categories of claims (e.g., product and process claims). The basic inquiries to determine subject matter eligibility remain the same as explained in MPEP 2106(1). First, determine whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. Next, determine if the claim is directed towards a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea). The two-part test provided in Alice Corp. to determine whether a claim directed towards an abstract idea is statutory under § 101 requires an evaluation to determined 1) whether the claims is directed to an abstract idea and 2) if an abstract idea is present in the claim, whether the claim amounts to significantly more than the abstract idea itself. Examples of abstract ideas reference in Alice Corp. include:
- Fundamental economic principles
- Certain methods of organizing human activities
- An idea of itself
- Mathematical relationships/formulas
In accordance with judicial precedent, the 2019 Revised Patent Subject Matter Eligibility Guidance sets forth a procedure to determine whether a claim is ‘‘directed to’’ a judicial exception. Under the procedure, if a claim recites a judicial exception (a law of nature, a natural phenomenon, or an abstract idea), it must then be analyzed to determine whether the recited judicial exception is integrated into a practical application of that exception. A claim is not ‘‘directed to’’ a judicial exception, and thus is patent eligible, if the claim as a whole integrates the recited judicial exception into a practical application of that exception. A claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception.
Step 2A(i) -Focus of the Claim
The claims 1-20 will be reviewed under Step 2A(i) to determine whether the claim is directed to one of the judicially recognized exceptions (i.e., a law of nature, a natural phenomenon, or an abstract idea). Alice, 573 U.S. at 217. As part of this inquiry, we must "look at the 'focus of the claimed advance over the prior art' to determine if the claim's 'character as a whole' is directed to excluded subject matter." Affinity Labs of Tex., LLC v. DIRECTV, LLC, 838 F.3d 1253, 1257 (Fed. Cir. 2016) (citations omitted). The claims 1-20 recite randomly selecting points to obtain Cn3 sets of sampling points from n points, calculating a sum of distances to determine an error, calculating first and second accumulated values of the errors, calculating a weight coefficient for point P utilizing a negative correlation, constructing a nonlinear optimization equation. The claimed steps fall within mathematical concepts (mathematical relationships, formulas, equations, and calculations) outlined in MPEP § 2106.04(a)(2), therefore, not eligible subject matter in 35 USC 101.
Step 2A(ii) -Practical Application
Limitations that are indicative of integration into a practical application when recited in a claim with a judicial exception include:
Improvements to the functioning of a computer, or to any other technology or technical field, as discussed in MPEP 2106.05(a);
Applying or using a judicial exception to affect a particular treatment or prophylaxis for disease or medical condition – see Vanda Memo
Applying the judicial exception with, or by use of, a particular machine, as discussed in MPEP 2106.05(b);
Effecting a transformation or reduction of a particular article to a different state or thing, as discussed in MPEP 2106.05(c); and
Applying or using the judicial exception in some other 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, as discussed in MPEP 2106.05(e) and the Vanda Memo issued in June 2018.
Limitations that are not indicative of integration into a practical application when recited in a claim with a judicial exception include:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, as discussed in MPEP 2106.05(f);
Adding insignificant extra-solution activity to the judicial exception, as discussed in MPEP 2106.05(g); and
Generally linking the use of the judicial exception to a particular technological environment or field of use, as discussed in MPEP 2106.05(h).
In this instance, the claims are not integrated into a practical application because the claims merely recite randomly selecting points to obtain Cn3 sets of sampling points from n points, calculating a sum of distances to determine an error, calculating first and second accumulated values of the errors, calculating a weight coefficient for point P utilizing a negative correlation, and constructing a nonlinear optimization equation.
The Federal Circuit in Digitech Image Technologies, LLC v. Electronics for Imaging, Inc., ruled that processing image data using mathematical formulas to generate new data, without a specific machine or physical transformation of matter, is an abstract idea.
The step of “extracting n sampling points in a fisheye image” constitutes mere data gathering data to feed into a mathematical algorithm as insignificant extra-solution activity that does not cause eligibility. The claims do not provide an improvement to the functionality of a computer or image analysis technical field; the claims are not implemented with or used with a particular machine; the claims do not transform an article to a different state or thing, or control camera hardware in the image analysis technical environment.
The claims conclude by “determining an effective imaging area.” Merely calculating and outputting a data result is not a practical application. The claim does not recite any post-solution activity that applies this determined area to improve a technological process. Therefore, claims 1-20 are not integrated into a practical application.
Step 2B - Inventive Concept
As set forth under MPEP § 2106.05( d), only if a claim: (1) recites a judicial exception; and (2) does not integrate that exception into a practical application, do we then look under Step 2B to determine; (3) whether the claim adds a specific limitation beyond the judicial exception that is not "well-understood, routine, conventional activity" (WURC) in the field; or (4) simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception.
Having determined claims 1-20 are directed to an abstract idea that is not integrated into a -practical application, we now evaluate whether the additional elements, whether examined alone or as an ordered combination, add a specific limitation that is not well-understood, routine, or conventional activity in the field, or simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the abstract idea. See generally Revised Guidance.
It is possible that a claim that does not ‘‘integrate’’ a recited judicial exception is nonetheless patent eligible. For example, the claim may recite additional elements that render the claim patent eligible even though a judicial exception is recited in a separate claim element. Along these lines, the Federal Circuit has held claims eligible at the second step of the Alice/Mayo test because the additional elements recited in the claims provided ‘‘significantly more’’ than the recited judicial exception (e.g., because the additional elements were unconventional in combination).
Limitations reference in Alice Corp. that may be enough to quality as “significantly more” when recited in a claim with an abstract idea include, as nonexclusive examples:
- Improvements to another technology or technical field
- Improvements to the functioning of the computer itself
- Meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment
Examples that are not enough to quality as “significantly more” when recited in a claim with an abstract idea include, as non-limiting or non-exclusive example:
- Adding the words “apply it” (or an equivalent) with an abstract idea, or mere instructions to implement an abstract idea on a computer
- Requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry
The additional non-mathematical components “fisheye camera” and extracting data points from an image, recited in claims 1-20 are well-understood, routine, and conventional steps in image analysis. The claims 1-20 do not include additional elements that are sufficient to amount to significantly more elements that transform the mathematical method into patent eligible subject matter.
Additionally, as noted in MPEP § 2106.05(d)(II), the courts have previously recognized that using computer processors and memories to collect data and keep records, perform repetitive calculations, and/or receive/send data are well-understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity (see MPEP § 2106.05(d)(II)(i)-(iv)). See also Berkheimer, 881 F.3d at 1366 (acts of parsing, comparing, storing, and editing data are abstract ideas); SAP Am., Inc. v. Investpic, LLC, 890 F.3d 1016, 1021 (Fed. Cir. 2018) ("[M]erely presenting the results of abstract processes of collecting and analyzing information ... is abstract as an ancillary part of such collection and analysis"); Intellectual Ventures I, 850 F .3d at 1340 ("[C]ollecting, displaying, and manipulating data" is an abstract idea); Smart Sys. Innovations, 873 F .3d at 1372 (concluding "claims directed to the collection, storage, and recognition of data are directed to an abstract idea.").
The claims state receiving images using a fisheye camera. However, the claims merely implement the judicial exception using generic computer and camera elements to perform well-understood, routine, and conventional activities previously known to the industry, specified at a high level of generality. See FairWarning, 839 F.3d at 1096 ("[T]he use of generic computer elements like a microprocessor or user interface do not alone transform an otherwise abstract idea into patent eligible subject matter."); see also OIP Techs., 788 F.3d at 1363 (claims reciting, inter alia, sending messages over a network, gathering statistics, using a computerized system to automatically determine an estimated outcome, and presenting offers to potential customers found to merely recite "'well-understood, routine conventional activit[ies],' either by requiring conventional computer activities or routine data-gathering steps").
Conclusion
In claims 1-20, a mathematical algorithm is recited that merely analyzes data to output an imaging area calculation, without integrating that calculation into a tangible technological improvement.
Therefore, claims 1-20 are directed to patent-ineligible abstract idea that is not integrated into a practical application, with steps that do not add significantly more to the abstract idea. Claims 1-20 are ineligible. In order to overcome the 101 rejection, the Examiner suggests amending the independent claims to include limitations that tie the mathematical result into a specific, practical application in image processing or camera control.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Alvarado-Moya et al. (US 2016/0119541) discusses sum of squares of distances between N known spherical points pi and the plane.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNY A CESE whose telephone number is (571) 270-1896. The examiner can normally be reached on Monday – Friday, 9am – 4pm.
If attempts to reach the primary examiner by telephone are unsuccessful, the examiner’s supervisor, Gregory Morse can be reached on (571) 272-3838. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/Kenny A Cese/
Primary Examiner, Art Unit 2663
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