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 .
DETAILED ACTION
The instant application having Application No. 19/017,905 has a total 6 claims pending in the application; there are 2 independent claims and 4 dependent claims all of which are ready for examination by the Examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4, 6 disclose the “wherein” clause merely states an intended result of the claimed invention and does not impose any additional structural or functional limitation of the claim. Therefore, the clause is not given patentable weight MPEP 2111.04.
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 1-2 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter because of the following reasons:
Claims 1-2 recite a system comprising a component. It is noted that the recited limitation in the body of the claim are software per se. The body of the claim does not define any specific hardware that can be used to execute these software components. Therefore, the system is not tangibly embodied in a manner so as to be executable. Thus, in order to overcome this 35 USC 101 rejection, the claim needs to be amended to include physical computer hardware (i.e. a processor, memory) in the body of the claim to execute the software components.
Claim 2 discloses the component to convert the first document into first vector data, the additional limitation does not make the claim overcome with the 35 USC 101 rejection.
Claims 3-4, 6 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter because of the following reasons:
Claim 1 appears to be directed to an abstract idea without reciting additional limitations that tie it to a practical application or without reciting additional limitations that amount to significantly more than the abstract idea. One can mentally generate graph with nodes for spaces in a building as well as assets that are contained within those spaces. Then one can also mentally associate and classify senor readings and generate relationships between spaces, assets and sensors. The additional limitations are receiving data. These additional limitations are mere data gathering which are insignificant extra solution activities under step 2A prong II and well understood routine and conventional under step 2B (For Berkhiemer See MPEP 2106.05(d)(II) Versata.)
Step 2A, Prong One: Mathematical Concepts
Independent claim 1 is directed an information processing:
Generate a list on the basic of the first prompt, generate a third document on the basic, determines whether the list comprises a second chapter; determines that the list comprises the second chapter, determines that the list does not comprise the second chapter. As such, this step can be performed mentally.
Step 2A Prong Two and Step 2B
Use of receiving first information and second information, extracts a first document, converts the first document and second document would constitute use of a generic computer used as tool to implement the abstract idea discussed above.
The step of receiving data associated with a building constitutes an insignificant extra-solution activity in the form of mere data gather, see MPEP 2106.05(g)
i. Performing clinical tests on individuals to obtain input for an equation, In re Grams, 888 F.2d 835, 839-40; 12 USPQ2d 1824, 1827-28 (Fed. Cir. 1989);
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea.
Claims 4 and 6 include vector data, which do not include additional elements that are sufficient to amount to significantly more.
Accordingly claims 1-4, 6 are found to be directed to a patent ineligible abstract idea.
Allowable Subject Matter
There is no references to reject claims 1-6.
Conclusion
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December 23, 2025
/THU N NGUYEN/Examiner, Art Unit 2154