Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: claims 1-20 are directed to either a process, machine, manufacture or composition of matter.
With respect to claim 1:
2A Prong 1:
A method of predicting (using AI to predict amounts to a mental process in the same way that a human can predict the weather with or without a computer);
reducing the scale of input-response data and reducing the number of variables used in the prediction of a non-linear, time-dependent response of the component of the system to the input into the system(mental process – user can manually perform raw thinking in their head as a first stage and then using paper and pen to perform mathematical operation);
wherein, the reducing includes optimizing response variables developed using a series of unconstrained and constrained linear and nonlinear optimization procedures(mental process – user can manually perform raw thinking in their head as a first stage and then using paper and pen to perform mathematical operation);
obtaining the set of non-linear, time-dependent actual responses of the component to the set of actual inputs; and, using the set of actual inputs and the set of non-linear, time-dependent actual responses to provide a model for predicting the non-linear, test response to the test input, the model comprising the formula wherein, M00, …, M0n and M10, …, M1n are overall scaling parameters; N01, …, N0n and N11, …, N1n are exponential scaling parameters; n ranges from 1 to 4; K is an overall shifting parameter; C(t) is the non-linear, time-dependent response to the test input at time t; and,; wherein, C0 is the initial amount of the test input; Kp is a shifting parameter related to C0; and, αp is shifting and scaling parameter related to C0; and, using the model in the mapping to obtain the non-linear, time-dependent test response to the test input; wherein, the mapping provides an accurate prediction of the non-linear, time-dependent response of the component of a system to the input into the system based on the reduced scale of input-response data and the reduced number of variables used in the prediction of the non-linear, time-dependent response (mental process – user can manually perform raw thinking in their head as a first stage and then using paper and pen to perform mathematical operation);
mapping input properties to model parameters, the mapping including developing one-to-one relationships between model parameters and model output to obtain a specificity of results between model parameters and model output to get a unique input-response relationship, the mapping including creating a model by identifying the system, the component, the input, and the non-linear, time-dependent response (mental process of modeling with assistance of pen and paper);
the input includes a set of actual inputs and a test input, and the non-linear time-dependent response includes a set of non-linear, time-dependent actual responses and a non-linear, test response (further expand mental process user can perform modeling with pen and paper).
2A Prong 2: This judicial exception is not integrated into a practical application.
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
2. The method of claim 1, wherein the system is an environmental system and the component is selected from the group consisting of air, water, and soil(further expand mental process user can perform modeling with pen and paper).
3. The method of claim 1, wherein the system is a mammal, and the component is selected from the group consisting of a cell, a tissue, an organ, a DNA, a virus, a protein, an antibody, a bacteria(further expand mental process user can perform modeling with pen and paper).
2A Prong 1:
4, 6. A device (see below) for reducing the scale of input-response data and the number of variables used in the prediction (using AI to predict amounts to a mental process in the same way that a human can predict the weather with or without a computer) of a non-linear, time-dependent response of a component of a physical system to an input into the system, the device comprising: a processor(see below); a database(see below) for storing a set of actual input data, a set of non-linear, time-dependent actual response data, test input data, and non-linear, time-dependent test response data on a non-transitory computer readable medium(see below); the database containing data used for establishing one-to-one relationships between model parameters and model output to obtain a specificity of results between model parameters and model output to get a unique input-response relationship; an enumeration engine on a non-transitory computer readable medium (see below) to parameterize a non-compartmental model for at least reducing the ambiguity in the prediction of a non-linear, test response to a test input, the non-compartmental model having optimized response variables developed using a series of unconstrained and constrained linear and nonlinear optimization procedures, the non-compartmental model comprising the formula wherein, M00, …, M0n and M10, …, M1n are overall scaling parameters; N01, …, N0n and N11, …, N1n are exponential scaling parameters; n ranges from 1 to 4; K is an overall shifting parameter; and, C(t) is the non-linear, time-dependent response to the test input at time t; and,; wherein, C0 is the initial amount of the test input; Kp is a shifting parameter related to C0; and, αp is shifting and scaling parameter related to C0; and, a transformation module on a non-transitory computer readable medium operable to transform a reduced scale of input-response data using a reduced number of variables in a mapping of the test data into the non-linear, time-dependent response data using the non-compartmental model (see below) and eliminating mechanistic modeling parameters, the transformation module providing the one-to-one relationships between model parameters and model output to obtain the specificity of results between model parameters and model output to get the unique input-response relationship for the mapping of the non-linear, test response to the test input(further expand mental process user can perform modeling with pen and paper(mental process – user can manually perform raw thinking in their head as a first stage and then using paper and pen to perform mathematical operation).
2A Prong 2: This judicial exception is not integrated into a practical application.
Additional elements:
A device, physical system, Processor, database, transformation module, memory, system, (computer component is recited at a high level of generality and amounts to no more than mere instructions to apply the exception using a generic computer component; the mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention." Alice, 134 S. Ct. at 2358);
Non-transitory computer readable medium for storing programs (Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g));
machine learning model (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f));
using the trained machine learning model to predict… (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f) – Examiner’s note: high level application of a previously trained model to make a prediction);
inputting/Receiving, output, storing (mere data gathering and output recited at a high level of generality - insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)).
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
A device, physical system, Processor, database, transformation module, memory, system, (computer component is recited at a high level of generality and amounts to no more than mere instructions to apply the exception using a generic computer component; the mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention." Alice, 134 S. Ct. at 2358);
Non-transitory computer readable medium for storing programs (Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g));
machine learning model (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f));
using the trained machine learning model to predict… (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f) – Examiner’s note: high level application of a previously trained model to make a prediction);
inputting/Receiving, output, storing (mere data gathering and output recited at a high level of generality - insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)).
Further, the receiving/transmitting steps were considered to be extra-solution activity in Step 2A Prong 2, and thus it is re-evaluated in Step 2B to determine if it is more than what is well-understood, routine, conventional activity in the field. The receiving and/or transmitting limitations constitute extra-solution activity. See buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355 (Fed. Cir. 2014) ("That a computer receives and sends the information over a network-with no further specification-is not even arguably inventive."). The court decisions cited in MPEP 2106.05(d)(II) indicate that merely Receiving and/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). Thereby, a conclusion that the claimed receiving/transmitting steps are well-understood, routine, conventional activity is supported under Berkheimer. The claim is not patent eligible.
5. The device of claim 4, wherein the system is an environmental system and the component is selected from the group consisting of air, water, and soil(further expand mental process user can perform modeling with pen and paper).
7. The device of claim 6, wherein the component is blood(further expand mental process user can perform modeling with pen and paper).
8. The device of claim 6, wherein the component is a tumor cell(further expand mental process user can perform modeling with pen and paper).
9. The device of claim 6, wherein the component is a virus(further expand mental process user can perform modeling with pen and paper).
10. The device of claim 6, wherein the component is a bacteria(further expand mental process user can perform modeling with pen and paper).
11. The device of claim 6, wherein the non-linear, time-dependent response is a bacterial load(further expand mental process user can perform modeling with pen and paper).
12. The device of claim 6, wherein the non-linear, time-dependent response is a viral load(further expand mental process user can perform modeling with pen and paper).
13. The device of claim 6, wherein the non-linear, time-dependent response is a tumor marker(further expand mental process user can perform modeling with pen and paper).
14. The device of claim 6, wherein the non-linear, time-dependent response is a blood chemistry(further expand mental process user can perform modeling with pen and paper).
15. The device of claim 6, wherein the device is used with microdosing in drug development(further expand mental process user can perform modeling with pen and paper).
16. The device of claim 15, wherein the microdosing is used to reduce or replace animal testing(further expand mental process user can perform modeling with pen and paper).
17. The device of claim 6, wherein the device is used in pharmacokinetic profiling(further expand mental process user can perform modeling with pen and paper).
18. The device of claim 6, wherein the device is used in toxicity testing in drug development(further expand mental process user can perform modeling with pen and paper).
19. The device of claim 6, wherein the device is used in absorption-distribution-metabolism-excretion (ADME) prediction in drug design(further expand mental process user can perform modeling with pen and paper).
20. The device of claim 6, wherein the device is used in drug development in personalized medicine(further expand mental process user can perform modeling with pen and paper).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID R VINCENT whose telephone number is (571)272-3080. The examiner can normally be reached ~Mon-Fri 12-8:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexey Shmatov can be reached at 5712703428. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID R VINCENT/Primary Examiner, Art Unit 2123