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 therefore, subject to the conditions and requirements of this title.
Claims 1-4. 7-9, 11-13, 18-21, 24-26 and 28-30 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract without significantly more.
Claim 1 recites the following claim limitations that, under their broadest reasonable interpretation (BRI), cover concepts that include abstract ideas:
determining, based on the Doppler images in the set of images, blood flow disturbance values…, and
generating, based on at least the set of measurements and the blood flow disturbance values, the regional weakening parameter…
In particular, these steps are mental processes that can be practically performed in the human mind or with the aid of pen and paper. The claim limitations do not set for specifics regarding how the determining is performed nor does the claim define any specifics for the generating. Under the BRI, the steps are mental processes.
Claim 1 recites the following additional elements that, when considered either alone or in an ordered combination, do not integrate the abstract idea into a practical application:
receiving a set of images…,
receiving a set of measurements…, and
outputting the regional weakening parameter.
This judicial exception is not integrated into a practical application because the limitations regarding “receiving…” amount to insignificant extra-solution activity in the form of mere data gathering. The step of “outputting the regional weakening parameter” relates to the step of outputting data, without performing any transformation thereof, which is incidental and tangential to the abstract idea recited in the claim. Hence, the limitation amounts to insignificant extra-solution activity in the form of an insignificant application.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because of the same reasons as set forth above. For the limitations that were considered insignificant extra-solution activity, the limitations are well-understood, routine and conventional in the art. The limitations regarding “determining” and “generating” relate to a step of receiving data which is incidental and tangential to the abstract idea recited in the claim. See MPEP 2106.05(g). Hence, the limitation amounts to insignificant extra-solution activity in the form of mere data gathering. Additionally, the limitation may be considered well-understood, routine and conventional as shown by MPEP 2106.05(d)(II) (“i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network).”)
The limitations regarding “receiving” and “outputting” relate to a step of receiving and outputting data, without performing any transformation thereof, which is incidental and tangential to the abstract idea recited in the claim. See MPEP 2106.05(g). Hence, the limitation amounts to insignificant extra-solution activity in the form of an insignificant application. Additionally, the limitation may be considered well-understood, routine and conventional as shown by MPEP 2106.05(d)(II) (“i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network).”)
Accordingly, at least claims 1 is rejected under 35 U.S.C. 101 because the claims are directed to an abstract idea without significantly more. Independent claim 18 is similarly rejected for at least the reasons set forth with respect to claim 1. Claim 18 discloses the same steps as set forth in claim 1 with the additional features of “at least one processing device”, “a non-transitory storage medium” and “computer-readable instructions”. These limitations are generically claimed and amount to providing the mental process on a generic computer which does not amount to significantly more.
The dependent claims 2-4, 7-10, 11-13, 19-20, 24-26 and 28-30 have been similarly analyzed for subject matter eligibility under 35 U.S.C. 101 and are directed to an abstract without significantly more.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROCHELLE DEANNA TURCHEN whose telephone number is (571)270-7104. The examiner can normally be reached Mon - Fri 6:30-2:30.
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/ROCHELLE D TURCHEN/ Primary Examiner, Art Unit 3797
