“If you can exhibit that the networking hardware either provides novel functions or is enhanced by the invention to develop into a much more helpful software, you could defeat a Area 101 rejection.”
Systems these kinds of as computer system networking, which, contrary to application innovations, ordinarily include at minimum some components elements, may possibly be considerably less susceptible to rejection less than the U.S. Supreme Court’s choice in Alice v. CLS Financial institution. On the other hand, responding to these rejections when they are issued still involves some finesse. In these scenarios, rejections normally revolve about regardless of whether the hardware incorporated in the promises serves as an enhancement in excess of present hardware or is just utilized as a software for a mental process or other summary idea. If the examiner concludes that the networking hardware basically serves as a resource, the promises normally are unsuccessful the Alice/Mayo exam. Having said that, if you can show that the networking hardware both offers novel features or is improved by the invention to turn into a additional powerful resource, you could defeat the rejection.
Underneath are a few illustrations of how candidates successfully overcame 101 rejections in the pc networking domain.
Technological Advancements to Components Just about Usually Conquer Segment 101 Rejections
In U.S. Patent Application Serial No. 16/132,933 (now U.S. Patent No. 10,938,664), the examiner, Douglas B. Blair, rejected the statements underneath Portion 101 on the ground that the statements recited an abstract idea without having drastically additional. In accordance to the examiner, the promises recited a collection of mathematical measures that function on network effectiveness knowledge devoid of tying people functions to a functional software.
In response to the rejection, the applicant argued that the creation enhanced community technology and, as a consequence, skilled as patent-qualified topic issue.
Specifically, the applicant argued:
“[The claims] also represent an advancement in laptop community technology. Claim 1 recites, in element, calculating community frequency distributions of a functionality measurement in a network, calculating entity frequency distributions of the functionality measurement for various groupings of network entities, and pinpointing an outlier between the groupings of network identities by calculating a improve in length measurements in between the network frequency distributions and the entity frequency distributions about distinctive time durations.”
By filtering outliers, the invention only provides the most crucial info to the network administrator to identify genuine community functionality troubles rather than sound.
In the following motion, the examiner withdrew the 101 rejection.
The takeaway from this scenario is that even with networking hardware, you may need to argue that the creation enhances laptop or computer network engineering. Irrespective of whether this improvement will come by means of a new feature or far better performance, you will will need to position to particular claimed measures as supplying the technological advancement.
A Practical Answer Provided by the Claimed Invention Can Provide a Path to Allowance
U.S. Patent Application Serial No. 15/859,448 (now U.S. Patent No. 10,735,346) claims a technique for optimizing a info payload for a machine inside an Internet-of-Items (IoT). The examiner, Oleg Survillo, issued a rejection for patent-ineligible issue issue under Part 101. The rejection asserted that the creation just recited a mental process for prioritizing information.
In this scenario, the examiner lifted the stage that the fundamental notion of prioritization existed extended before computers. As this kind of, the prioritization approach could happen totally within the human brain.
In reaction, the applicant introduced the examiner’s focus again to the claimed device and away from the fundamental idea. The claims were amended to include things like specific constraints describing the product and the prioritization approach. Even nevertheless the strategy of prioritization may perhaps have existed in advance of, the implementation of this prioritization approach in an IoT device had not.
In individual, the applicant argued:
“The current statements are directed to IoT equipment and procedures for transmitting knowledge in a community of IoT devices. … Lots of IoT gadgets are battery driven and tend to have constrained processing assets. Moreover, a normal IoT community may include a significant quantity of IoT gadgets. Appropriately, electrical power performance and network capacity use are of higher issue in IoT networks in contrast to other kinds of laptop or computer networks. The current promises recite approaches that make improvements to strength efficiency and community ability usage in IoT networks.”
The examiner permitted the claims just after this reaction.
The takeaway from this situation is that even if the concept fundamental the creation is aged, you can describe how the claimed invention offers a useful solution to a new difficulty. This argument will floor the creation as a true principle with realistic outcomes somewhat than an abstract thought.
Evidence of Improved Performance Can Convert the Abstract Plan into Patent Suitable Strategy
The U.S. Patent Software Serial No. 14/838,572 (now U.S. Patent No. 11,005,963) claims a pre-fetch cache populace for WAN optimization. The examiner, Christopher Cadorna, rejected the promises less than Part 101 on the floor that the promises have been “directed to a judicial exception (i.e., an summary idea) with out drastically far more.”
The applicant relied on the landmark judgment in Enfish, LLC v. Microsoft Corp. in crafting a response to the rejection. It was argued that the promises are equivalent to the promises of Enfish in that they use a distinct strategy to increase the way desktops transmit and obtain knowledge across a large location network.
In this specific circumstance, the applicant was equipped to present that preloading the WAN optimizer outcomes in an raise in the functionality of the network, which convinced the examiner to withdraw his prior rejection.
The specific enhancement was explained as:
“For instance, host 104 can get started sending facts to WAN optimizer 125 prior to the scheduled VM migration so that WAN optimizer 125 has at minimum partly pre-loaded knowledge cache for deduplication when VM migration is triggered. As these kinds of, deduplication will be extra productive at the commence of the VM migration. … Other illustrations of the varieties of pre-loaded data that might advantage from WAN optimizations may well incorporate knowledge-stage pre-loading (these kinds of as VM migration, scheduled backup, catastrophe restoration device point out synchronization) or application-amount caching (such as discovered in Lively Directory® user synchronization, database replication etcetera.)”
The applicant also amended the claims in support of his arguments to target the promises to a certain advancement in pc technology. The examiner agreed with the arguments of the applicant and withdrew the rejections under Area 101.
The takeaway from this case is that if you can supply evidence of enhanced operation of the community, it can render the summary concept as a patent-suitable notion.
Hardware Particulars are Crucial
Whereas the basic framework for responding to a rejection underneath Alice continues to be the very same, selected art models could lend themselves to unique approaches because of both to the mother nature of claimed innovations inside of people arts and certain examiner tastes and conventions. Without a doubt, lots of seasoned lawyers have pointed out the significance of making use of examiner interviews or other analysis to study just how matter subject eligibility troubles are interpreted within the assigned artwork device as early in the prosecution course of action as achievable.
In the scenario of innovations slipping in the pc networking area, these three office steps display that focusing on hardware can be critically crucial to conquer a 101 rejection. These hardware specifics can aim on the problem the invention solves, the implementation of the creation or the technological advancements furnished.
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is cofounder and CEO of IP Toolworks, a organization launched with the target of helping lawyers respond to rejections from the USPTO a lot more successfully by leveraging a wealth of publicly out there but earlier inaccessible facts. Yvonne retains a Ph.D. in the history and philosophy of science. Her scholarly exploration has encompassed the complexities of awareness disputes in just eighteenth and nineteenth-century periodical literature and scientific correspondence, a subject matter she believes has exclusive resonance with the patent prosecution course of action today.
For much more information and facts or to speak to Yvonne, you should stop by her Agency Profile Web page.