CTNF 19/012,556 CTNF 80215 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings The drawings filed on January 07, 2025 are accepted. Specification The specification filed January 07, 2025 is accepted. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter 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. The analysis is guided by the Supreme Court’s two-step framework, described in Mayo and Alice (Alice Corp. Pty Ltd. V. CLS Bank Int’l, 134 S. Ct. 2347, 2354 (2014) and Mayo Collaborative Servs. V. Prometheus Labs, Inc., 132 S. Ct. 1289, 1296-97 (2012)). Step 1: Are the claims directed to a process, machine, manufacture, or composition of matter? Answer: Yes, claims 1-11 are directed to a method and Claims 12-20 are directed to a machine/system. Step 2A: Are the claims directed to a law of nature, a natural phenomenon, or an abstract idea, i.e., judicially recognized exceptions (both individually and as an ordered combination)? Answer: Yes, claims 1-20 are directed to a mental process which is abstract idea. Specifically, the steps of: identifying, by a system, an incoming communication; determining, by the system, a stratum corresponding to the communication; determining, by the system, whether the stratum is rare; and determining, by the system, whether to sample the communication based at least in part on whether the stratum is rare are activities that can be performed in human mind or with pen and paper. Therefore, the claim is directed to a mental process (i.e., abstract idea). Step 2B: Do the claims recite additional elements that when analyzed individually and in ordered combinations amount to significantly more than the judicial exception(s)? Answer: No, the claims (both individually and as an ordered combinations) do not transform the nature of the claims into a patent-eligible application of the abstract idea. Claims 1, 12 and 16 do not have any additional limitations outside of the abstract limitations of step 2A. Dependent claims 2-11, 13-15 and 17-20 further clarify the abstract idea. Therefore, claims 1-20 are directed to a patent-ineligible abstract idea and does not meet the requirements of 35 U.S.C 101. Claims 12-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter. Claims 12-15 recite a computer readable media understood by the examiner in view of the specification, that can be implemented by electronic signals. Claims 12-15 are rejected as being directed to non-statutory subject matter (i.e.., electronic signals). Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claim s 1-7 and 9-20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Kim et al. US 2020/0382163 A1 [hereinafter Kim] . As per claims 1 and 12, Kim teaches a method, comprising: identifying, by a system, an incoming communication [paragraph 0054]; determining, by the system, a stratum corresponding to the communication [paragraphs 0057-0060]; determining, by the system, whether the stratum is rare [paragraphs 0057-0060]; and determining, by the system, whether to sample the communication based at least in part on whether the stratum is rare [paragraphs 0057-0060]. As per claim 16, Kim teaches a system, comprising: memory to store samples [figure 1]; and one or more processors coupled to the memory [figure 1], the one or more processors to: identify an incoming communication [paragraph 0054]; determine whether a stratum corresponding to the communication is rare [paragraphs 0057-0060]; and determine whether to apply a biasing mechanism or a two-stage sampling mechanism to the communication based at least in part on whether the stratum is determined to be rare [paragraphs 0057-0060]. As per claims 2, 13 and 17, Kim further teaches the method wherein determining whether the stratum is rare comprises: determining whether a number of captured samples of the stratum exceeds a threshold number [paragraphs 0057-0060]. As per claim 3, Kim further teaches the method wherein the incoming communication is received in a time interval, and wherein the number of captured samples are captured during the time interval [paragraphs 0057-0060]. As per claims 4, 14 and 18, Kim further teaches the method wherein determining whether the stratum is rare comprises: determining a frequency of captured samples of the stratum from one or more previous time intervals; and determining whether the stratum is rare based at least in part on the frequency [paragraphs 0057-0060]. As per claim 5, Kim further teaches the method wherein determining whether the stratum is rare comprises determining that the stratum is rare, and wherein determining whether to sample the communication comprises determining to sample the communication based at least in part on the stratum being rare [paragraphs 0057-0060]. As per claim 6, Kim further teaches the method further comprising incrementing a count of samples corresponding to the stratum based at least in part on the determination to sample the communication [paragraphs 0057-0060]. As per claim 7, Kim further teaches the method wherein determining the stratum corresponding to the communication comprises: identifying a flowkey from the communication; and determining the stratum based at least in part on the flowkey [paragraphs 0057-0060]. As per claim 9, Kim further teaches the method wherein determining whether to sample the communication comprises: if the stratum is determined to be rare, determining whether to sample the communication based at least in part on a first sampling rate [paragraphs 0057- 0060]; and if the stratum is determined not to be rare, determining whether to sample the communication based at least in part on a second sampling rate, the first sampling rate being greater than the second sampling rate [paragraphs 0057-0060]. As per claim 10, Kim further teaches the method wherein: determining whether the stratum is rare comprises determining that the stratum is not rare [paragraphs 0057-0060]; and determining whether to sample the communication comprises determining whether the communication is a k-th sample within a time interval in which the communication is received [paragraphs 0057-0060]. As per claims 11, 15 and 19, Kim further teaches the method, wherein determining whether to sample the communication comprises: if the stratum is determined to be rare, applying a biasing mechanism to determine whether to sample the communication [paragraphs 0057-0060]; and if the stratum is determined not to be rare, applying a two-stage sampling mechanism to determine whether to sample the communication [paragraphs 0057-0060]. As per claim 20, Kim further teaches the system wherein the stratum is determined to be rare, the biasing mechanism is determined to be applied based at least in part on the stratum being determined to be rare, and wherein the one or more processors are further to: determine whether a number of captured samples of the stratum exceeds a threshold number [paragraphs 0057-0060]; and determine whether to sample the communication based at least in part on the determination of whether the number of captured samples of the stratum exceeds the threshold number [paragraphs 0057-0060]. Allowable Subject Matter Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and further overcoming the 35 U.S.C 101 rejection indicated above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BEEMNET W DADA whose telephone number is (571)272-3847. The examiner can normally be reached Monday-Friday, 9am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amir Mehrmanesh can be reached at 571-270-3351. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. BEEMNET W. DADA Primary Examiner Art Unit 2435 /BEEMNET W DADA/Primary Examiner, Art Unit 2435 Application/Control Number: 19/012,556 Page 2 Art Unit: 2435 Application/Control Number: 19/012,556 Page 3 Art Unit: 2435 Application/Control Number: 19/012,556 Page 4 Art Unit: 2435 Application/Control Number: 19/012,556 Page 5 Art Unit: 2435 Application/Control Number: 19/012,556 Page 6 Art Unit: 2435 Application/Control Number: 19/012,556 Page 7 Art Unit: 2435 Application/Control Number: 19/012,556 Page 8 Art Unit: 2435 Application/Control Number: 19/012,556 Page 9 Art Unit: 2435
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