DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. 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.
3. Claims 1-10 are rejected under 35 U.S.C. § 101 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.
In sum, claims 1-10 are rejected under 35 U.S.C. §101 because the claimed invention is directed to a judicial exception to patentability (i.e., a law of nature, a natural phenomenon, or an abstract idea) and do not include an inventive concept that is something “significantly more” than the judicial exception under the January 2019 patentable subject matter eligibility guidance (2019 PEG) analysis which follows.
Under the 2019 PEG step 1 analysis, it must first be determined whether the claims are directed to one of the four statutory categories of invention (i.e., process, machine, manufacture, or composition of matter). Applying step 1 of the analysis for patentable subject matter to the claims, it is determined that the claims are directed to the statutory category of a process, (claims 7-8), a machine (claims 1-6), and a manufacture (claims 9-10), where the machine and manufacture are substantially directed to the subject matter of the process. (See, e.g., MPEP §2106.03). Under the 2019 PEG step 2A, Prong 1 analysis, it must be determined whether the claims recite an abstract idea that falls within one or more designated categories of patent ineligible subject matter (i.e., organizing human activity, mathematical concepts, and mental processes) that amount to a judicial exception to patentability. Here, the claims recite the abstract idea of acquiring certain amount of greenhouse gas absorption in order to determine an amount of carbon credit that is issued by:
…to acquire an estimated value of a greenhouse gas absorption amount during a process until a greenhouse gas-absorbing product becomes unusable, based on a greenhouse gas absorption capacity determined in accordance with product information on the greenhouse gas-absorbing product;
…to manage the absorption amount acquired, in association with each greenhouse gas-absorbing product;
…. to correct the absorption amount associated with each greenhouse gas-absorbing product as needed, based on progress information on a processing status, a usage status, or a usage environment of the greenhouse gas-absorbing product.
Here, the recited abstract idea falls within one or more of the three enumerated 2019 PEG categories of patent ineligible subject matter, to wit: the category of certain methods of organizing human activity, which includes fundamental economic practices or principles and commercial or legal interactions (e.g., acquiring certain amount of greenhouse gas absorption in order to determine an amount of carbon credit that is issued).
Under the 2019 PEG step 2A, Prong 2 analysis, the identified abstract idea to which the claim is directed does not include limitations that integrate the abstract idea into a practical application, since the recited features of the abstract idea are being applied on a computer or computing device or via software programming that is simply being used as a tool (“apply it”) to implement the abstract idea. (See, e.g., MPEP §2106.05(f)). Therefore, the claim is directed to an abstract idea.
Under the 2019 PEG step 2B analysis, the additional elements are evaluated to determine whether they amount to something “significantly more” than the recited abstract idea. (i.e., an innovative concept). Here, the additional elements, such as: a “unit” do not amount to an innovative concept since, as stated above in the step 2A, Prong 2 analysis, the claims are simply using the additional elements as a tool to carry out the abstract idea (i.e., “apply it”) on a computer or computing device and/or via software programming. (See, e.g., MPEP §2106.05(f)). The additional elements are specified at a high level of generality to simply implement the abstract idea and are not themselves being technologically improved. (See, e.g., MPEP §2106.05 I.A.); (see also, paragraph [0009] of the specification). Claims 7 and 9 are nearly identical to claim 1 so the same analysis applies to these claims as well. Claims 2, 8, and 10 are nearly identical to the other independent claims (1, 7, and 9), but they include an additional limitation (“a certification recording step of recording a carbon credit issued for the greenhouse gas-absorbing product by matching and associating the carbon credit with the greenhouse gas-absorbing product”). This limitation is merely stating a generic step of recording a carbon credit issued which is gathering data and storing it for recordation, implementing the abstract idea noted above.
Dependent claims 3-6 have all been considered and do not integrate the abstract idea into a practical application. Dependent claim 3 recites limitations that further define the abstract idea noted in claim 1 in that it describes managing a correction history relating to the absorption amount. Dependent claim 4 recites limitations that further define the abstract idea noted in claim 1 in that it describes what the product information comprises. Dependent claim 5 recites limitations that further define the abstract idea noted in claim 1 in that it describes that the product information includes aging and service life of the greenhouse gas-absorbing product. Dependent claim 6 recites limitations that further define the abstract idea noted in claim 1 in that it describes determining a transaction price of the carbon credit to be issued.
The elements of the instant process steps when taken in combination do not offer substantially more than the sum of the functions of the elements when each is taken alone. The claims as a whole, do not amount to significantly more than the abstract idea itself because the claims do not effect an improvement to another technology or technical field (e.g., the field of computer coding technology is not being improved); the claims do not amount to an improvement to the functioning of an electronic device itself which implements the abstract idea (e.g., the general purpose computer and/or the computer system which implements the process are not made more efficient or technologically improved); the claims do not perform a transformation or reduction of a particular article to a different state or thing (i.e., the claims do not use the abstract idea in the claimed process to bring about a physical change. See, e.g., Diamond v. Diehr, 450 U.S. 175 (1981), where a physical change, and thus patentability, was imparted by the claimed process; contrast, Parker v. Flook, 437 U.S. 584 (1978), where a physical change, and thus patentability, was not imparted by the claimed process); and the claims do not move beyond a general link of the use of the abstract idea to a particular technological environment (e.g., simply claiming the use of a computer and/or computer system to implement the abstract idea).
Claim Rejections - 35 USC § 102
4. 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)(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.
(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.
5. Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Tateo et al. (JP-2006-323593A) (hereinafter “Tateo”). The Tateo reference has been included with this Office Action as an English translation document.
Regarding claims 1, 7, and 9, Tateo discloses an absorption amount acquisition unit configured to acquire an estimated value of a greenhouse gas absorption amount during a process until a greenhouse gas-absorbing product becomes unusable, based on a greenhouse gas absorption capacity determined in accordance with product information on the greenhouse gas-absorbing product. Tateo states that “As a conversion method, the gas absorbing material may be converted for each period according to the amount of greenhouse gas absorbed within a certain period (for example, every year). Based on the number of years, the amount of greenhouse gas that the structure or the like can absorb within the period may be calculated, and the greenhouse gas emission right may be converted over the entire life of the structure or the like. Since this point is technically possible for this point, a convenient method may be adopted according to the future legal and regulatory mechanism. However, in the latter method, it may be possible to rebuild the structure before the useful life in the future. Therefore, it is desirable to take measures so that the conversion amount can be adjusted in preparation for such a case.” Tateo also states that “The tenth means includes the eighth means or the ninth means, and the management unit 10 determines the result of the carbonation test performed on the gas absorbing material after the appraisal or the greenhouse estimated from the result. It is characterized by recording the effect gas absorption results and reporting the increase or decrease in the amount equivalent to the consideration of the greenhouse gas emission right calculated from the actual absorption amount or the result to the emission right holder.” Tateo states that “In addition, the management unit 8 preferably gives the customer the amount of carbon dioxide Q 2 that the customer has already emitted within a predetermined period, and the carbon dioxide emission allowance Q 1 obtained by the customer purchasing the carbon dioxide emission right. Is configured to notify periodically. Furthermore, the surplus emission allowance ΔQ (= Q 0 + Q 1 −Q 2 ) is obtained by subtracting the actual emission amount Q 2 from the sum of the emission allowance Q 1 and the carbon dioxide emission limit allowance Q 0 assigned to the customer. It is preferable to provide a warning to the customer at any time when the surplus emission allowance is calculated or falls below the target value. Customers can apply to purchase carbon credits after receiving this warning.” This target value is the “estimated value of a greenhouse gas absorption amount during a process until a greenhouse gas-absorbing product becomes unusable.” Tateo discloses a usage status management unit configured to manage the absorption amount acquired, in association with each greenhouse gas-absorbing product. Tateo states that “The management unit 10 manages the carbon dioxide emission rights evaluated by the appraisal unit 6 and the conversion unit 8 together with the data (quantity, location, etc.) of the object to be appraised, the data of the right holder, etc. means. In addition, the management unit 8 preferably gives the customer the amount of carbon dioxide Q 2 that the customer has already emitted within a predetermined period, and the carbon dioxide emission allowance Q 1 obtained by the customer purchasing the carbon dioxide emission right. Is configured to notify periodically. Furthermore, the surplus emission allowance ΔQ (= Q 0 + Q 1 −Q 2 ) is obtained by subtracting the actual emission amount Q 2 from the sum of the emission allowance Q 1 and the carbon dioxide emission limit allowance Q 0 assigned to the customer. It is preferable to provide a warning to the customer at any time when the surplus emission allowance is calculated or falls below the target value. Customers can apply to purchase carbon credits after receiving this warning.”
Tateo discloses an absorption amount correction unit configured to correct the absorption amount associated with each greenhouse gas-absorbing product as needed, based on progress information on a processing status, a usage status, or a usage environment of the greenhouse gas-absorbing product. Tateo states that “The eleventh means includes any one of the eighth means to the tenth means, and when the gas absorbing material is the product 32 or the structure 34, the appraisal unit 6 is for the period until the dismantling is scheduled. The amount of greenhouse gas absorption shall be verified, and if the product 32 to structure 34 is disassembled before or after disassembly, the appraisal unit 6 will determine whether the gas absorption amount is corrected, and the conversion unit 8 is configured to be able to calculate an increase / decrease in the amount equivalent to the consideration for the greenhouse gas emission right according to the correction amount.” Hence, the appraisal unit 6 determines whether the gas absorption amount is corrected, which means that this amount is corrected based on usage environment of the greenhouse gas-absorbing product.
Regarding claims 2, 8, and 10, Tateo discloses an absorption amount acquisition unit configured to acquire an estimated value of a greenhouse gas absorption amount during a process until a greenhouse gas-absorbing product becomes unusable, based on a greenhouse gas absorption capacity determined in accordance with product information on the greenhouse gas-absorbing product. Tateo states that “As a conversion method, the gas absorbing material may be converted for each period according to the amount of greenhouse gas absorbed within a certain period (for example, every year). Based on the number of years, the amount of greenhouse gas that the structure or the like can absorb within the period may be calculated, and the greenhouse gas emission right may be converted over the entire life of the structure or the like. Since this point is technically possible for this point, a convenient method may be adopted according to the future legal and regulatory mechanism. However, in the latter method, it may be possible to rebuild the structure before the useful life in the future. Therefore, it is desirable to take measures so that the conversion amount can be adjusted in preparation for such a case.” Tateo also states that “The tenth means includes the eighth means or the ninth means, and the management unit 10 determines the result of the carbonation test performed on the gas absorbing material after the appraisal or the greenhouse estimated from the result. It is characterized by recording the effect gas absorption results and reporting the increase or decrease in the amount equivalent to the consideration of the greenhouse gas emission right calculated from the actual absorption amount or the result to the emission right holder.” Tateo states that “In addition, the management unit 8 preferably gives the customer the amount of carbon dioxide Q 2 that the customer has already emitted within a predetermined period, and the carbon dioxide emission allowance Q 1 obtained by the customer purchasing the carbon dioxide emission right. Is configured to notify periodically. Furthermore, the surplus emission allowance ΔQ (= Q 0 + Q 1 −Q 2 ) is obtained by subtracting the actual emission amount Q 2 from the sum of the emission allowance Q 1 and the carbon dioxide emission limit allowance Q 0 assigned to the customer. It is preferable to provide a warning to the customer at any time when the surplus emission allowance is calculated or falls below the target value. Customers can apply to purchase carbon credits after receiving this warning.” This target value is the “estimated value of a greenhouse gas absorption amount during a process until a greenhouse gas-absorbing product becomes unusable.” Tateo discloses a usage status management unit configured to manage the absorption amount acquired, in association with each greenhouse gas-absorbing product. Tateo states that “The management unit 10 manages the carbon dioxide emission rights evaluated by the appraisal unit 6 and the conversion unit 8 together with the data (quantity, location, etc.) of the object to be appraised, the data of the right holder, etc. means. In addition, the management unit 8 preferably gives the customer the amount of carbon dioxide Q 2 that the customer has already emitted within a predetermined period, and the carbon dioxide emission allowance Q 1 obtained by the customer purchasing the carbon dioxide emission right. Is configured to notify periodically. Furthermore, the surplus emission allowance ΔQ (= Q 0 + Q 1 −Q 2 ) is obtained by subtracting the actual emission amount Q 2 from the sum of the emission allowance Q 1 and the carbon dioxide emission limit allowance Q 0 assigned to the customer. It is preferable to provide a warning to the customer at any time when the surplus emission allowance is calculated or falls below the target value. Customers can apply to purchase carbon credits after receiving this warning.” Tateo discloses a certification recording unit configured to record a carbon credit issued for the greenhouse gas-absorbing product by matching and associating the carbon credit with the greenhouse gas-absorbing product. Tateo states that “In addition, the management unit 8 preferably gives the customer the amount of carbon dioxide Q 2 that the customer has already emitted within a predetermined period, and the carbon dioxide emission allowance Q 1 obtained by the customer purchasing the carbon dioxide emission right. Is configured to notify periodically. Furthermore, the surplus emission allowance ΔQ (= Q 0 + Q 1 −Q 2 ) is obtained by subtracting the actual emission amount Q 2 from the sum of the emission allowance Q 1 and the carbon dioxide emission limit allowance Q 0 assigned to the customer. It is preferable to provide a warning to the customer at any time when the surplus emission allowance is calculated or falls below the target value. Customers can apply to purchase carbon credits after receiving this warning.” Tateo states that “The reporting unit 14 aggregates the results of emission credits every period and reports the results of emissions credits to the trader. The accounting section 16 performs accounting processing associated with emissions trading.” This would necessarily involve matching and associating the carbon credits that have been received with the greenhouse gas-absorbing product that is being used.
Regarding claim 3, Tateo discloses a history management unit configured to manage a correction history and a correction result corrected by the absorption amount correction unit, in association with each greenhouse gas absorbing product. Tateo states that “The eleventh means includes any one of the eighth means to the tenth means, and when the gas absorbing material is the product 32 or the structure 34, the appraisal unit 6 is for the period until the dismantling is scheduled. The amount of greenhouse gas absorption shall be verified, and if the product 32 to structure 34 is disassembled before or after disassembly, the appraisal unit 6 will determine whether the gas absorption amount is corrected, and the conversion unit 8 is configured to be able to calculate an increase / decrease in the amount equivalent to the consideration for the greenhouse gas emission right according to the correction amount.” Hence, the appraisal unit 6 determines whether the gas absorption amount is corrected, which means that this amount is corrected based on usage environment of the greenhouse gas-absorbing product. These numbers would be recorded in order to determine if changes need to made.
Regarding claim 4, Tateo discloses that the product information includes at least one of a type, amount, or composition of a raw material used in the greenhouse gas-absorbing product, breathability, moisture content, strength, or construction conditions of the greenhouse gas-absorbing product, and the absorption amount acquisition unit acquires an estimated value of the absorption amount, based on an absorption capacity determined in accordance with the product information. Tateo states that “In the invention which concerns on this means, the ability to absorb greenhouse gas is judged from the time of appraisal to the target time. For example, from the time of manufacture to the time of disposal for concrete products, from the time of construction to the time of dismantling for concrete structures, and in the case of concrete waste, when this waste is generated (or when it is used for secondary use). To the end of the carbonation reaction, it is effective to estimate the amount of greenhouse gas absorption by limiting the period. This is because even if it is the same type of concrete, it is easily carbonated when it is buried in the ground as part of the structure and when it is crushed into small blocks as concrete waste and is always exposed to the outside air. This is because the appraisal results with higher reliability can be obtained by performing appraisal for a period in which the shape and application are constant, such as products, structures, and waste materials. The second means includes the first means, and an amount capable of absorbing the greenhouse gas between the generation time T 0 of the concrete gas absorption material and the target time T S, and the generation time T 0. already estimated, respectively and the amount which has absorbed greenhouse gases until appraisal time T a from the difference between these two estimators, absorbed during the appraisal time T a above until the target time T S greenhouse It is characterized by estimating the amount of gas.”
Tateo also states that “As a conversion method, the gas absorbing material may be converted for each period according to the amount of greenhouse gas absorbed within a certain period (for example, every year). Based on the number of years, the amount of greenhouse gas that the structure or the like can absorb within the period may be calculated, and the greenhouse gas emission right may be converted over the entire life of the structure or the like. Since this point is technically possible for this point, a convenient method may be adopted according to the future legal and regulatory mechanism. However, in the latter method, it may be possible to rebuild the structure before the useful life in the future. Therefore, it is desirable to take measures so that the conversion amount can be adjusted in preparation for such a case.” Tateo also states that “The tenth means includes the eighth means or the ninth means, and the management unit 10 determines the result of the carbonation test performed on the gas absorbing material after the appraisal or the greenhouse estimated from the result. It is characterized by recording the effect gas absorption results and reporting the increase or decrease in the amount equivalent to the consideration of the greenhouse gas emission right calculated from the actual absorption amount or the result to the emission right holder.”
Regarding claim 5, Tateo discloses that the product information includes aging and service life of the greenhouse gas-absorbing product. Tateo also states that “As a conversion method, the gas absorbing material may be converted for each period according to the amount of greenhouse gas absorbed within a certain period (for example, every year). Based on the number of years, the amount of greenhouse gas that the structure or the like can absorb within the period may be calculated, and the greenhouse gas emission right may be converted over the entire life of the structure or the like. Since this point is technically possible for this point, a convenient method may be adopted according to the future legal and regulatory mechanism. However, in the latter method, it may be possible to rebuild the structure before the useful life in the future. Therefore, it is desirable to take measures so that the conversion amount can be adjusted in preparation for such a case.”
Regarding claim 6, Tateo discloses a transaction price determination unit configured to determine a transaction price of the carbon credit to be issued in future. Tateo states that “The trading unit 12 has a function of publishing a list of carbon dioxide emission rights that the owner wishes to sell at present and notifying the sales applicant when a purchase application is made. The content of the sales contract may be determined between the parties based on the law. For example, with regard to a specific structure, the amount of carbon dioxide absorbed by the structure assuming the standard useful life of the structure, and With respect to the amount of carbon dioxide absorbed during secondary use as concrete waste, it is possible to trade by calculating the equivalent amount of carbon dioxide emission rights. The amount of carbon dioxide absorbed as the concrete waste material may be calculated at the stage when the secondary use is determined, and the price may be settled. When trading is completed, the management unit 10 is notified and the owner data is updated.”
Conclusion
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/Amit Patel/
Examiner
Art Unit 3696
Examiner, Art Unit 3696
/EDWARD CHANG/Primary Examiner, Art Unit 3696