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E.g., 2012-05-20
E.g., 2012-05-20
E.g., 2012-05-20
E.g., 2012-05-20
E.g., 2012-05-20
E.g., 2012-05-20
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Outcome Board or Examiner Initiated Decision Datesort ascending Filing Date Appeal Number Application Number Art Unit Author Judge Judge panel Correspondent Support Reasoning Examiner Link to BPAI decision (PTO site) _________________Representative_Claims__________________
Ex parte RICHARD EDWARD CHATWIN, AYMAN OMAR FARAHAT, SCOTT CAMPBELL JOHNSTON, and MATTHEW MCEACHEN Claims 60-69 affirmed as rejected under 35 U.S.C. § 101 for failing to recite statutory subject matter Examiner 01/05/2012 06/27/2006 2010011392 11477194 3622 MICHAEL W. KIM ANTON W. FETTING; MEREDITH C. PETRAVICK; MICHAEL W. KIM Baker Botts LLP In re Nuijten Claim includes propagated signal Li, Sun M Link 60. One or more computer-readable storage media embodying software operable when executed collectively by one or more computer systems to: access advertising information that comprises: a plurality of keywords that each correspond to an advertising group; and a plurality of advertising metric values, each of the keywords corresponding to a particular advertising metric value for each of a plurality of advertising metrics; generate a keyword bid for a first one of the keywords by: based on the particular advertising metric values corresponding to the first keyword for first particular ones of the advertising metrics: calculating a target cost for the first keyword representing a desired profit margin for the first keyword; and calculating a bid-cost delta for the first keyword representing a weighted average difference between the bid and the cost associated with the first keyword; and combining the target cost for the first keyword with the bid-cost delta for the first keyword; generate an advertising-group bid for the advertising group by: for each of second particular ones of the advertising metrics, averagmg the particular advertising metric values corresponding to two or more second ones of the keywords for the second particular advertising metric; based on the averages: calculating a target cost for the advertising group representing a desired profit for the advertising group; and calculating a bid-cost delta for the advertising group representing a weighted average difference between the bid and the cost associated with the advertising group; and combining the target cost for the advertising group with the bid-cost delta for the advertising group; and communicate the keyword bid for the first keyword and the advertising-group bid for the advertising group for use in bidding on placement of one or more advertisements associated with the first keyword or the advertising group.
Ex parte ROBERT C. MAYES Claims 20-35 affirmed as rejected under 35 U.S.C. § 101 for failing to recite statutory subject matter Examiner 01/04/2012 11/15/2002 2010011456 10295175 3689 MICHAEL W. KIM HUBERT C. LORI; BIBHU R. MOHANTY; MICHAEL W. KIM Hewlett Packard Company Bilski v. Kappos; Gottschalk v. Benson; In re Beauregard; Fails machine or transformation test; abstract idea Fisher, Paul R Link 20. With respect to an assembly system for assembling a plurality of objects, a method for producing customized information materials specific to each object as the object is assembled, the method including the steps of: a) maintaining an object database, storing object data in the object database, the object data corresponding to parts of objects assembled by the assembly system; b) collecting, for each object, as assembled data from the assembly system and storing the as assembled data in the object database as each object is assembled, the parts of a given object being identifiable from the as assembled data received and saved for that object; c) for each object, producing customized information specific to that object utilizing a subset of the object data from the database of object data, the subset of object data corresponding to the parts identified from the as assembled data for that object.
Ex parte DAVE FELLON Claims 1-5, 9-12, and 28-33 were reversed under 35 U.S.C. § 101 as directed to non-statutory subject matter Examiner 12/27/2011 07/12/2005 2010001662 11160846 3622 HUBERT C. LORIN MURRIEL E. CRAWFORD; HUBERT C. LORIN; ANTON W. FETTING Seager, Tufte & Wickhem, LLC 2010 Guidelines; Examiner failed to establish prima facie showing; Examiner didn't demonstrate how claims fail machine-or-transformation test; Ahmed, Affaf Link 1. A method for generating revenue from the use of a rail road track, the method comprising: providing one or more rail cars; providing at least one advertisement; affixing the at least one advertisement to the one or more rail cars; providing a rail road track in a high visibility location; parking the rail car with the advertisement on the rail road track; and accepting a fee to allow the one or more rail cars, at least some of which having an advertisement affixed to at least one side, to be parked on the track.
Ex parte DAVE FELLON Claims 1-27 were reversed under 35 U.S.C. §101 as directed to non- statutory subject matter. Examiner 12/27/2011 07/12/2005 2010001692 11160847 3622 HUBERT C. LORIN MURRIEL E. CRAWFORD; HUBERT C. LORIN; ANTON W. FETTING SEAGER, TUFTE & WICKHEM, LLC 2010 Guidelines Examiner failed to establish prima facie showing; Examiner didn't demonstrate how claims fail machine-or-transformation test; Ahmed, Affaf Link 1. A method for generating revenue, comprising: providing an advertisement on a rail road freight car; releasing the freight car onto a rail road network, the freight car having a free runner status; and accepting a fee based on one or more of a length of time the advertisement is on the freight car, a route traveled by the freight car, and the length of time the freight car is in a particular location.
Ex parte RAJESH VENKAT SUBBU, SRINIVAS BOLLAPRAGADA, PIERO PATRONE BONISSONE, KETE CHARLES CHALERMKRAIVUTH, NEIL HOLGER WHITE EKLUND, and NARESH SUNDARAM IYER Claims 27-36 affirmed as rejected under 35 U.S.C. §101 as being directed to non-statutory subject matter Examiner 12/20/2011 02/20/2004 2010001444 10781805 3693 HUBERT C. LORIN HUBERT C. LORIN; ANTON W. FETTING; JOSEPH A. FISCHETTI General Electric Company 2010 Guidelines; Fails machine or transformation test; did not demonstrate how use of computer is not insignificant data gathering step; No evidence claim cannot be performed using only the human mind Borlinghaus, Jason M Link 27. A method for multi-objective portfolio analysis using Pareto Sorting Evolutionary Algorithms, the method comprising the steps of: (a) randomly drawing an initial population of individual portfolio allocations that are generated from a portfolio allocations archive by using a combination of linear programming and sequential linear programming algorithms using a computing device; (b) passing the initial population of portfolio allocations through a dominance filter to identify a non-dominated subset of parent portfolio allocations; (c) committing the non-dominated subset of parent portfolio allocations to a non-dominated portfolio allocations archive; (d) randomly combining matched pairs of parent portfolio allocations to create offspring portfolio allocations; (e) passing the offspring portfolio allocations through the dominance filter to identify a non-dominated subset of offspring portfolio allocations; (f) combining the non-dominated subset of parent portfolio allocations with the non-dominated subset of offspring portfolio allocations into a larger set of portfolio allocations; (g) passing the larger set of portfolio allocations through a non- crowding filter to identify a reduced subset of portfolio allocations; (h) creating a new population of individual portfolio allocations from the reduced subset of portfolio allocations; (i) updating the non-dominated portfolio allocations archive with the new population of individual portfolio allocations; (j) repeating steps (a) through (i) for a plurality of generations; and (k) passing the updated non-dominated portfolio allocations archive through the dominance filter to generate an interim efficient frontier in a portfolio performance space having at least three- dimensions, the interim efficient frontier being used in investment decisions.
Ex parte J. AARON BLY, DAVID T. SPIELDENNER, AARON ROTH, PATRICK O’BRIEN, ANDREW F. SUHY JR., and BRENT PARENT Claims 1-20 were reversed and 21-23 were affirmed as rejected under 35 U.S.C. § 101 Examiner 12/20/2011 11/14/2001 2009010715 9990911 3685 LANCE LEONARD BARRY LANCE LEONARD BARRY; ST. JOHN COURTENAY III; THU A. DANG Macmillan, Sobanski & Todd LLC Cybersource v. Retail Decisions; Gottschalk v. Benson; In re Bilski System is statutory class; Purely mental steps; Can be performed by the human mind or by a human using pen and paper Nilforoush, Mohammad A Link 1. An electronic system for facilitating disposition of an asset currently under lease by an asset user, comprising: at least one database configured to store information associated with a plurality of assets; a set of pre-defined conditions related to a recommendation of asset disposition based on an automated analysis of said information within said system, at least one of said conditions being met; and a hierarchy of disposition options generated by said system based on said at least one of said conditions, wherein said conditions and said options are chosen to reduce expense by maximizing return on investment to the asset user.
Ex parte ALAN SCOTT HODES Claims 1, 13 and 14 are rejected under 35 U.S.C. § 101 as a new rejection Board 12/20/2011 02/27/2004 2009012106 10788532 2158 KRISTEN L. DROESCH KRISTEN L. DROESCHl; KALYAN K. DESHPANDE; DAVID M. KOHUT Alan S. Hodes Bilski v. Kappos; In re Comiskey; Cybersource v. Retail Decisions; 2010 Guidelines; 2009 Guidelines Process can be performed entirely in the human mind; Abstract idea; No machine or transformation; Hasan, Syed Haroon Link 1. A method of analysis regarding at least one patent claim, comprising: a) determining a correspondence of the portions of the at least one patent claim to the concept nodes of an ontology; b) determining a correspondence of the portions of at least one instance to the concept nodes of the ontology; and c) processing the determined correspondence of the portions of the at least one patent claim and the determined correspondence of the portions of the at least one instance; wherein a result of processing the determined correspondence of the portions of the at least one patent claim portions and the determined correspondence of the portions of the at least one instance includes a determination of whether the at least one instance reads on the at least one patent claim.
Ex parte SHYH-KWEI CHEN, KUN-LUNG WU, and PHILIP SHI-LUNG YU Claims 1-10 and 15-20 were affirmed under a new 101 rejection. Claims 11-14 were reversed as statutory. Examiner 12/19/2011 09/29/2003 2010000678 10671938 2169 JEFFREY B. ROBERTSON RICHARD M. LEBOVITZ; JEFFREY B. ROBERTSON; DANIEL S. SONG MCGINN INTELLECTUAL PROPERTY LAW GROUP, PLLC Bilski v. Kappos; Ultramercial v. Hulu; In re Bilski; Cybersource v. Retail Decisions; In re Nuijten; Could be performed in the human mind or by a human using pen and paper; Abstract idea; Recite the use of a machine; Kim, Paul Link 1. A method for monitoring continual range queries against events, said method comprising: decomposing each range query into one or more predefined virtual constructs; building a query index; and using said query index to match an event with said range queries.
Ex parte ROBERT BARANOWSKI Claims 21-30 affirmed as rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter Examiner 12/19/2011 04/16/2002 2010002441 10124175 3622 HUBERT C. LORIN MURRIEL E. CRAWFORD; HUBERT C. LORIN; BIBHU R. MOHANTY Steven L. Nichols 2010 Guidelines; Fails machine or transformation test Van Bramer, John W Link 21. A method of soliciting attendance at a trade show, said method comprising: providing an access to iniomlation about said trade show; receiving criteria that den.ues a product, service or exhibitor that a prospective attendee of said trade show desires; and. automatically generating a schedule for attending said trade show for said prospective attendee based on said criteria.
Ex parte JOHN DE QUINCEY WALKER, SANGJUNE PARK, ERHONG LI, and SHARAD PRASAD Claim 1 affirmed as rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter Examiner 12/18/2011 10/04/2002 2009010676 10264876 2128 LANCE LEONARD BARRY JOSEPH L. DIXON; LANCE LEONARD BARRY; JAY P. LUCAS LNG/LSI Joint Customer Number Cybersource v. Retail Decisions; Gottschalk v. Benson; In re Bilski Mental process; can be performed in the human mind or by a human using pen and paper Phan, Thai Q Link 1. In a method of mathematically modeling an integrated circuit design, including mathematically modeling threshold voltage, carrier mobility, and drain saturation current, the improvement comprising accounting for negative bias temperature instability effects on the threshold voltage, the carrier mobility, and the drain saturation current parameters of the integrated circuit design so that the mathematically modeled integrated circuit design functions more exactly like an actual integrated circuit that is based on the integrated circuit design.1

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