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 .
Status of the Claims
Claims 1-20 are pending.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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:
Claim 1:
Lost-stolen-missing module
Claim 6:
Communication module
Claim 13:
Lost-stolen-missing module
Claim 14:
communication module
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 § 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 an abstract idea without significantly more.
Step 1
Claims 1-12 are directed to a series of steps, and therefore is a process.
Claims 13-20 is directed to a system with multiple components, and therefore is a machine.
Independent Claims
Step 2A Prong One
The limitation of Claim 1 recites:
A method of determining a status for … devices with each … device being capable of having one of multiple statuses, the method comprising:
obtaining, …, first client device information that includes an indication that the … device is one of lost and stolen for each … device of a first plurality of … devices, wherein obtaining the first client device information comprises:
establishing an … connection …
requesting, …, access to the first client device information;
gaining access, in response to the request, to the first client device information that includes the indications for the first plurality of … devices;
accessing a …that includes a second plurality of … devices for which each … device has a current status indicating that the … device is one of lost and stolen;
automatically comparing, …, the first plurality of … devices set out in the first client device information to the second plurality of electronic devices set out in … to identify:
a third plurality of … devices for which the indication for the … device in the first plurality of … devices is the same as the indication of the current status for the corresponding … device in the second plurality of … devices;
a fourth plurality of … devices for which the indication for the … device in the first plurality of … devices is different from the indication of the current status for the corresponding … device in the second plurality of … devices;
a fifth plurality of … devices for which each … device is present in the first plurality of … devices but is absent from the second plurality of … devices;
for each … device of the third plurality of … devices, taking no action regarding the current status for the … device in … such that the current status remains the indication for the corresponding … device in the second plurality of … devices;
for each … device of the fourth plurality of … devices, updating the current status for each … device in the … to the indication for the corresponding …. device in the first plurality of … devices;
for each … device of the fifth plurality of … devices, concurrently identifying the current status for each … device as set out in the … and:
in response to the current status in …. indicating that the … device is one of in stock and retired, generating a first alert; and
in response to the current status in the ... indicating that the … device is not one of in stock and retired, updating the current status for the electronic device in the … to the indication for the corresponding … device in the first plurality of … devices.
The limitation of Claim 13 recites:
A system for determining a status for ... devices with each ... device being capable of having one of multiple statuses, the system comprising:
… having first client device information that includes an indication that the ... device is one of lost and stolen for each ... device of a first plurality of ... devices;
a ... that includes a second plurality of ... devices for which each ... device has a current status indicating that the device is one of lost and stolen;
…:
obtain the first client device information…by:
establishing an ... communication …;
requesting, via ... communication, access to the first client device information; and
gaining access, in response to the request, to the first client device information;
automatically compare the first plurality of ... devices set out in the first client device information to the second plurality of ... devices set out in the ... to identify:
a third plurality of ... devices for which the indication for the ... device in the first plurality of ... devices is the same as the indication of the current status for the corresponding ... device in the second plurality of ... devices;
a fourth plurality of ... devices for which the indication for the ... device in the first plurality of ... devices is different from the indication of the current status for the corresponding ... device in the second plurality of ... devices;
a fifth plurality of ... devices for which each ... device is in the first plurality of ... devices but is absent from the second plurality of ... devices,
wherein, for each ... device of the third plurality of ... devices, the … takes no action regarding the current status for the ... device in the ... such that the current status remains the indication for the corresponding ... device in the second plurality of ... devices,
wherein, for each ... device of the fourth plurality of ... devices, the … updates the current status for each ... device in the ... to the indication for the corresponding ... device in the first plurality of ... devices,
wherein, for each ... device of the fifth plurality of ... devices, the … concurrently identifies the current status for each ... device as set out in the ... and:
in response to the current status in the ... indicating that the ... device is one of in stock and retired, generates a first alert, and
in response to the current status in the ... indicating that the ... device is not one of in stock are retired, updates the current status for the ... device in the ... to the indication for the corresponding ... device in the first plurality of ... devices.
The claim limitations as drafted, recite a concept, that, under broadest reasonable interpretation, is a certain method of organizing human activity. The limitations are analogous to managing personal behavior or interactions between people (interactions between people), or a commercial or legal interaction (sales activity) such as determining and communicating statuses of devices within an organization. The generic computer implementations (see below) do not change the character of the limitations. Accordingly, the claims recite an abstract idea.
Step 2A Prong Two
The judicial exception is not integrated into a practical application. In particular, the claims recite the following additional elements:
Claim 1:
Electronic device
Client distributed server system
one or more servers of the client distributed server system
Electronic connection
Electronic communication
Device tracking database
a lost-stolen-missing module that includes a computer processor and via execution of computer-readable memory encoded with instructions
client device
Claim 13:
Client distributed server system
one or more servers of the client distributed server system
Electronic device
Device tracking database
a lost-stolen-missing module in electronic communication with the client distributed server system and the device tracking database and including at least one computer processor
client device
These additional elements are recited at a high-level of generality such that they amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use. Accordingly, the additional elements, when viewed individually and in combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims do not amount to more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h))
Therefore, the claims recite an abstract idea.
Step 2B
As discussed above with respect to Step 2A Prong Two, the additional elements, amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use. The same analysis applies here in 2B. The additional elements, when considered separately and in combination, do not add significantly more to the exception. They are generally linking the use of a judicial exception to a particular technological environment or field of use and cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. The claims are ineligible.
Dependent Claims
Dependent claims 2-12 and 14-20 further narrow the same abstract ideas recited in Claims 1 and 13. Therefore, claims 2-12 and 14-20 are directed to an abstract idea for the reasons given above.
Step 2A Prong Two
The judicial exception is not integrated into a practical application. In particular, the dependent claims recite the following additional elements:
Claims 5
Client device database
Claims 6
Communication module
Claims 8
Storage media
Claim 14:
Communication module
Claims 18
Storage media
These additional elements are recited at a high-level of generality such that they amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use. Accordingly, the additional elements, when viewed individually and in combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims do not amount to more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)). Therefore, the claims recite an abstract idea.
Step 2B
As discussed above with respect to Step 2A Prong Two, the additional elements, amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use. The same analysis applies here in 2B. The additional elements, when considered separately and in combination, do not add significantly more to the exception. They are generally linking the use of a judicial exception to a particular technological environment or field of use and cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. The claims are ineligible.
Novelty/Non-Obviousness
The closest prior art of record is:
Rakhunde (US2021/0224727A1)
Berg (US20220167490A1)
Ramirez (20240211871A1)
Vargas (US20220083927A1)
De Barros (US11895558B2)
Rakhunde teaches details of improved lifecycle management for oilfield components and equipment using blockchain technology, according to some embodiments. FIG. 2B is a diagram illustrating some of the symbology used in FIG. 2A. According to some embodiments, the assets are tracked via RFID tags scanned through RFID scanners every time an asset moves through various stages as shown in FIG. 2. The assets from suppliers 110 and 130, in this example P1 and P2, respectively, move through different locations shown in FIG. 2 while their “status/location” is broadcasted on the blockchain 200. For example, in supplier 110's component repair room 212. Also, in the repair room 212 are one or more sensors 213 and node 216. The sensors 213 include one or more of the following: temperature sensors, moisture/humidity sensors, dust sensors, and gas detectors. The node 216 detects the presence of component P1, readings from the sensors 213, and RFID scanners 214 and 218 as indicated by the dashed lines. The component P1 (as well as the other component P2 as well as the assembly A1 include RFID tag(s) so that the RFID scanners can detect the location of each asset. By detecting the time when various assets move across RFID scanners, the duration that each asset spends in each location can be determined. From the sensors the duration that each asset has been exposed to each measured environmental condition can also be determined and appended to the blockchain via the relevant node. In this way the lifecycle history about each of the assets can be determined and made available via the blockchain.
Berg teaches method and apparatus for tracking and monitoring each particular user's compliance to an electrostatic discharge (ESD) policy; ensuring and tracking ESD safety and compliance of each user (via a unique identifier (ID), such as a serial number associated with each user) via electronics that gather information and parameters from the wearable ESD device such as a wrist strap worn by each user at a company's electronics-manufacturing plant or similar facility that indicate whether a functional ESD ground is established and continually maintained between each user and a workstation at which the user is located, wherein an ESD data-collection system monitor at a central location is configured to receive information on a continual or periodic basis as to whether each user is complying with the ESD policy of the company. Berg teaches the present invention provides an electrostatic-discharge (ESD) compliance-monitoring system configured to monitor ESD compliance of a plurality of users at a plurality of work stations that each has a connection to an earth ground, wherein each respective user of the plurality of users is associated with a respective one of a plurality of wearable ESD devices, wherein each respective wearable ESD device has an associated wearable-device identification code, wherein each respective work station of the plurality of work stations is associated with a respective one of a plurality of ESD interface devices, wherein each respective ESD interface device has an associated interface-device identification code, and wherein the ESD-compliance-monitoring system includes: a first ESD system monitor, wherein the first ESD system monitor is configured to receive communications from at least one device of the plurality of wearable ESD devices and the plurality of ESD interface devices, wherein the communications include the identification code associated with a respective one of the plurality of wearable ESD devices and the identification code associated with a respective one of the ESD interface devices to which the respective one of the plurality of wearable ESD devices becomes connected, and wherein the first ESD system monitor is programmed to record connection and disconnection events between the respective ones of the plurality of wearable ESD devices and the respective ones of the ESD interface devices to which the respective ones of the plurality of wearable ESD devices are connected and to record associated timestamps for each of the connection and disconnection events.
Ramirez teaches methods for managing an inventory and tracking an inventory item thereof using a single SKU are provided. In particular, an inventory item such as a SIM, a device, or a kit including a SIM and a device can be assigned with a single SKU and tracked using the single SKU. The single SKU allows for precisely and conveniently monitoring and tracking the inventory item to obtain a status thereof (such as a location of the inventory item, an inventory status of the inventory item, and a live status of the inventory item when it becomes owned by a customer, etc.). In this way, the inventory item can be tracked throughout the life cycle of the device, before and after it leaves the inventory, and/or for multiple types of vendors. In addition, by using a single SKU, various aspects of the inventory item (e.g., both the device and the SIM/eSIM of a kit) can be monitored and tracked, eliminating the need to maintain separate SKUs for complex inventory items.
Vargas teaches application system 200 in operable communication with a user device 202 via a network 130. The user device 202 may be a client computing device or an employee/business representative computing device, which is used to access and operate the application system 205. The application system 205 includes a user interface module 208 to provide a plurality of information onto the display of the user device 208. The information contained in a plurality of databases (e.g., user database 212, inventory database 214, and business database 216) can be searched via the search engine 210 and displayed via the user interface module 208. The user database 212 stores user information including contact information, service history, scheduling availability etc. The inventory database 214 stores product inventory information and may be in operable communication with the POS system 220 to process payments from clients. The inventory database may display up-to-date inventory data in real time on the user device 202, such that the employee can accurately predict availability and locations of products needed for a repair. The business database 216 stores business information including business location, contact information, sales data, and the like.
De barros teaches the intervention engine 340 can notify a user of the mobile device 102 that a tracking device may be lost or left behind, or can notify the user of the predicted state of the tracking device in a number of ways, for instance by displaying a notification within a graphical notification interface of the mobile device, by displaying a status or notification within an application interface of the mobile device, by emitting an alarm or notification audio, or the like.
In conclusion it would not have been obvious to one of ordinary skill in the art before the effective filing date to combine the above references to teach all the limitations of the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISMAIL A MANEJWALA whose telephone number is (571)272-8904. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Uber can be reached on 571-270-3923. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ISMAIL A MANEJWALA/Examiner, Art Unit 3628
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