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 .
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.
the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) a method of hide sorting comprising determining a characteristic of a hide, associating identifiers with the hide, associating characteristics and grades with the identifier, determining a grade, and sorting the hide based on the grade and characteristic. This judicial exception is not integrated into a practical application because these steps describe collecting information, analyzing the information, storing the information, and making a decision based on the information, which falls within the category of mental processes and methods of organizing human activity . The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because such grading and sorting could be performed by a human using observation, memory and manual recordkeeping. For example, in the specification of Houtz (US8091390), Houtz confirms that hides have historically been visually graded and stacked (See at least Background section). Further, the claim does not recite a particular machine, sensors, imaging technology, conveyors, data structures, or any type of improved processing techniques. Instead, the claim merely applies an abstract idea to hide processing and the claims fail to provide an inventive concept because it is merely performing the abstract idea using generic activity such as determining, associating and sorting. Accordingly, the claims recites a judicial exception.
Claim Rejections - 35 USC § 102
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 –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Houtz (US8091390).
Referring to claim 1. Houtz discloses a “Hide Folding System and Method”. See Figs. 1-11 and respective portions of the specification. Houtz further discloses determining a characteristic of a hide (See at least Col. 2 L. 35-50); associating a hide identifier with the hide (See at least Col. 5 L. 49-65); associating the characteristic of the hide with the hide identifier (See at least Col. 6 L. 25-40); determining a grade of the hide (See at least Col. 5 L. 40 – Col. 6 L. 5); associating the grade of the hide with the hide identifier (See at least Col. 5 L. 40 – Col. 6 L. 25); and sorting the hide base on the grade of the hide and the characteristic of the hide (See at least Col. 6 L. 40 – 65).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRELL HOWARD MATTHEWS whose telephone number is (571)272-5929. The examiner can normally be reached Monday thru Friday; 8:00 AM - 4:30 PM EST.
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, Michael McCullough can be reached at (571)272-7805. 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.
/TERRELL H MATTHEWS/Primary Examiner, Art Unit 3653