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
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 1-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-22 are directed to a system, method, or product which are/is one of the statutory categories of invention. (Step 1: YES).
The Examiner has identified independent method Claim 8 as the claim that represents the claimed invention for analysis and is similar to independent system Claim 1 and product Claim 16. Claim 8 recites the limitations of associating a digital record with a unique identifier of a mobile device connected to a network; providing for display, on the mobile device, a user interface associated with the digital record; determining an age of the digital record; setting a first flag responsive to a determination that the age of the digital record exceeds a first threshold; setting a second flag responsive to a determination that a first parameter in the digital record is beneath a second threshold; responsive to the first flag and the second flag: displaying, on the user interface, an interactive element for launching a micro app associated with changing the first parameter, wherein the interactive element persists within the user interface until: at least one processor detects a user selection of the interactive element, and the second flag is cleared; or the at least one processor determines that the age of the digital record exceeds a third threshold higher than the first threshold.
These limitations, under their broadest reasonable interpretation, cover performance of the limitation as certain methods of organizing human activity. Launching a micro app associated with a user interface recites commercial or legal interactions. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation as recites commercial or legal interactions, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. The memory, at least one processor, and mobile device of Claim 1 and mobile device and at least one processor of Claims 8 and 16 is just applying generic computer components to the recited abstract limitations. The user interface and micro app in Claims 1, 8, and 16 appears to be just software. Claims 1 and 16 are also abstract for similar reasons. (Step 2A-Prong 1: YES. The claims are abstract)
This judicial exception is not integrated into a practical application. In particular, the claims only recite memory, at least one processor, and mobile device of Claim 1 and mobile device and at least one processor of Claims 8 and 16 and the user interface and micro app in Claims 1, 8, and 16. The computer hardware is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Therefore claims 1, 8, and 16 are directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application)
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and as an ordered combination, they do not add significantly more (also known as an “inventive concept”) to the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a computer hardware amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. See Applicant’s specification para. [0028-0031] about implementation using general purpose or special purpose computing devices and MPEP 2106.05(f) where applying a computer as a tool is not indicative of significantly more. Even assuming there was a technical problem, the claims, as written, fail to recite the details of how a technical solution to the technical problem was accomplished. If there was a technical problem (e.g., existing technology was incapable of performing the claimed functions) then the claims should recite the details of the technical solution (e.g., how existing technology was improved to overcome this inability). However, the claims, as written, provide no such details and merely recite that the claimed functions (i.e., the outcome) are being performed. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus claims 1, 8, and 16 are not patent eligible. (Step 2B: NO. The claims do not provide significantly more)
Dependent claims 2-7, 9-15, and 17-22 further define the abstract idea that is present in their respective independent claims 1, 8, and 16 and thus correspond to Certain Methods of Organizing Human Activity and hence are abstract for the reasons presented above. Claims 2, 10, and 17 further define the third and fourth thresholds as having the same value; Claims 3, 4, 11, 12, 18, and 19 further define the first parameter in view of the second digital record without adding significantly more; Claims 5, 13, and 20 determine a location of the mobile device without adding significantly more; Claims 6, 7, 14, 15, 21, and 22 define changing the first parameter based on information received from a second mobile device via NFC without adding significantly more; Claim 9 determines the age of the third and fourth digital records and terminates the digital record based on the threshold amount. The dependent claims do not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. Therefore, the claims 2-7, 9-15, and 17-22 are directed to an abstract idea. Thus, the claims 1-22 are not patent-eligible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References A-D are included on PTO-892 as being relevant to the field of invention at the time of filing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDSAY M MAGUIRE whose telephone number is (571)272-6039. The examiner can normally be reached Monday to Friday 8:30 to 5:00.
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Lindsay Maguire
9/28/26
/LINDSAY M MAGUIRE/Primary Examiner, Art Unit 3619
