GHASSEMI, AliDownload PDFPatent Trials and Appeals BoardAug 30, 201914030344 - (D) (P.T.A.B. Aug. 30, 2019) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/030,344 09/18/2013 Ali GHASSEMI K8001244US 9239 34236 7590 08/30/2019 Gowling WLG (Canada) LLP 50 QUEEN STREET NORTH, STE. 1020 P.O. BOX 2248 KITCHENER, ONTARIO N2H6M2 CANADA EXAMINER NGO, CHUONG D ART UNIT PAPER NUMBER 2182 NOTIFICATION DATE DELIVERY MODE 08/30/2019 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): JEFF.WONG@GOWLINGWLG.COM VAL.COTTRILL@GOWLINGWLG.COM Waterloo.IP@gowlingwlg.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte ALI GHASSEMI ____________________ Appeal 2019-000377 Application 14/030,3441 Technology Center 2100 ____________________ Before ERIC S. FRAHM, KRISTEN L. DROESCH, and MICHAEL T. CYGAN, Administrative Patent Judges. FRAHM, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant appeals under 35 U.S.C. § 134(a) from the Examiner’s final rejection of claims 1–24. We have jurisdiction under 35 U.S.C. § 6(b). We affirm the Examiner’s rejection of claims 1–24 under 35 U.S.C. § 101 as being directed to patent-ineligible subject matter, without significantly more (see Final Act. 2–3; Ans. 3–4). 1 As noted by Appellant in the Appeal Brief (App. Br. 3), the real party in interest is D2L Corporation. Appeal 2019-000377 Application 14/030,344 2 Disclosed Invention and Illustrative Claim Appellant’s disclosed invention relates to a method and system for a Hijri calendar (Title; Spec. ¶¶ 1–5; Abstract), and more generally “to converting between or among calendars” (Spec. ¶ 1). The main point of Appellant’s disclosed and claimed invention is to provide a program to allow a user to convert a date from a predetermined calendar into a date corresponding to the Hijri calendar (Abstract; claims 1, 11, 20; Spec. ¶¶ 7, 17). Independent claim 1, and claim 9 depending from claim 1, recite methods for managing a Hijri calendar, including using a processor to convert a date from a predetermined calendar into a date corresponding to the Hijri calendar employing various data and a Hijri conversion algorithm. Dependent claim 9 additionally recites obtaining more accurate conversion information for the requested date to be converted by “querying at least one third party system or database.” Remaining independent claims 11 and 20 recite a system for managing a Hijri calendar (claim 11) and a non-transitory computer readable medium to perform the method of claim 1 (claim 20), and are commensurate in scope with claim 1. Independent claim 1 and dependent claim 9, reproduced below with emphases and bracketed lettering added, are illustrative of the claimed subject matter: 1. A method for managing a Hijri calendar comprising: [A] receiving, from one or more of a user or an application, a request for a date conversion, the request including a date input from a first predetermined calendar; [B] determining, by one or more processors, the first predetermined calendar and a conversion type associated with the requested date conversion based at least in part on the date input; Appeal 2019-000377 Application 14/030,344 3 [C] in response to receiving the request for the date conversion, obtaining, by one or more processors a predetermined Hijri calendar; [D] determining, by one or more processors, whether a date associated with the date input falls within a predetermined Hijri calendar date range based at least in part on the date input and the predetermined Hijri calendar; [E] in the event the date input falls within the date range, using, by one or more processors, the predetermined Hijri calendar to convert the date input including looking up a Hijri date that matches the date associated with the date input, wherein the Hijri date that matches the date associated with the date input corresponds to a converted date to be output; [F] in the event that the date does not fall within the date range, computing, by one or more processors, the converted date based at least in part on a predetermined Hijri conversion algorithm, wherein the Hijri conversion algorithm is based at least in part on one or more astronomical characteristics; and [G] returning, by one or more processors, the converted date to the one or more of the user or the application, wherein in the event that the converted date was computed based at least in part on the Hijri conversion algorithm, [H] an indication that the converted date is potentially inaccurate is provided to the user. Br. 15 (Claims Appendix). 9. The method of claim 1, wherein if the date input falls outside of the predetermined Hijri calendar, querying at least one third party system or database to retrieve a more accurate converted date for the date input. Br. 16 (Claims Appendix). Appeal 2019-000377 Application 14/030,344 4 REJECTION The Examiner made the following rejection: Claims 1–24 stand rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter (Final Act. 2–3; Ans. 3–4). ISSUE Based on Appellant’s arguments in the Appeal Brief (Br. 10–13), the disputed issue on appeal is whether or not the Examiner erred in rejecting claims 1–24 under 35 U.S.C. § 101 as being (i) directed to a judicial exception, i.e., an abstract idea, without significantly more, and thus (ii) patent-ineligible under § 101. PRINCIPLES OF LAW We first note “[w]hether a [patent] claim is drawn to patent-eligible subject matter is an issue of law that [is] review[ed] de novo.” SiRF Tech., Inc. v. Int’l Trade Comm’n, 601 F.3d 1319, 1331 (Fed. Cir. 2010). An invention is patent-eligible if it claims a “new and useful process, machine, manufacture, or composition of matter.” 35 U.S.C. § 101.2 However, the Supreme Court has long interpreted 35 U.S.C. § 101 to include implicit exceptions: “[l]aws of nature, natural phenomena, and abstract ideas.” Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 2 This threshold analysis of whether a claim is directed to one of the four statutory categories of invention, i.e., a process, machine, manufacture, or composition of matter, is referred to as “Step 1” in the patent-eligibility inquiry under § 101. Appeal 2019-000377 Application 14/030,344 5 70 (2012) (brackets in original) (citing Diamond v. Diehr, 450 U.S. 175, 185 (1981)). In determining whether a claim falls within an excluded category, we are guided by the Supreme Court’s two-step framework, described in Mayo and Alice. See Alice Corp. v. CLS Bank Int’l, 573 U.S. 208, 217–18 (2014) (citing Mayo, 566 U.S. at 75–77). In accordance with that framework, we first determine what concept the claim is “directed to.” See Alice, at 219 (“On their face, the claims before us are drawn to the concept of intermediated settlement, i.e., the use of a third party to mitigate settlement risk.”); see also Bilski v. Kappos, 561 U.S. 593, 611 (2010) (“Claims 1 and 4 in petitioners’ application explain the basic concept of hedging, or protecting against risk.”). Concepts determined to be abstract ideas, and thus patent ineligible, include certain methods of organizing human activity, such as fundamental economic practices (Alice, 573 U.S. at 219–20; Bilski, 561 U.S. at 611); mathematical formulas (Parker v. Flook, 437 U.S. 584, 594–95 (1978)); and mental processes (Gottschalk v. Benson, 409 U.S. 63, 69 (1972)). Concepts determined to be patent eligible include physical and chemical processes, such as “molding rubber products” (Diamond v. Diehr, 450 U.S. 175, 191 (1981)); “tanning, dyeing, making water-proof cloth, vulcanizing India rubber, smelting ores” (id. at 182 n.7 (quoting Corning v. Burden, 56 U.S. (15 How.) 252, 267–68 (1854))); and manufacturing flour (Benson, 409 U.S. at 69 (citing Cochrane v. Deener, 94 U.S. 780, 785 (1876))). In Diehr, the claim at issue recited a mathematical formula, but the Supreme Court held “[a] claim drawn to subject matter otherwise statutory Appeal 2019-000377 Application 14/030,344 6 does not become nonstatutory simply because it uses a mathematical formula.” Diehr, 450 U.S. at 176; see also id. at 192 (“We view respondents’ claims as nothing more than a process for molding rubber products and not as an attempt to patent a mathematical formula.”). Having said that, the Supreme Court also indicated that a claim “seeking patent protection for that formula in the abstract . . . is not accorded the protection of our patent laws, . . . and this principle cannot be circumvented by attempting to limit the use of the formula to a particular technological environment.” Id. (citing Benson and Flook); see, e.g., id. at 187 (“It is now commonplace that an application of a law of nature or mathematical formula to a known structure or process may well be deserving of patent protection.”). If the claim is “directed to” an abstract idea, we turn to the second step of the Alice and Mayo framework, where “we must examine the elements of the claim to determine whether it contains an ‘inventive concept’ sufficient to ‘transform’ the claimed abstract idea into a patent- eligible application.” Alice, 573 U.S. at 221 (quotation marks omitted). “A claim that recites an abstract idea must include ‘additional features’ to ensure ‘that the [claim] is more than a drafting effort designed to monopolize the [abstract idea].’” Id. (quoting Mayo, 566 U.S. at 77). “[M]erely requir[ing] generic computer implementation[] fail[s] to transform that abstract idea into a patent-eligible invention.” Id. The PTO recently published revised guidance in the Federal Register concerning the application of § 101. 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50 (January 7, 2019) (hereinafter, Appeal 2019-000377 Application 14/030,344 7 “Revised Guidance”) (https://www.govinfo.gov/content/pkg/FR-2019-01- 07/pdf/2018-28282.pdf). Under the Revised Guidance, after determining that a claim falls within one of the statutory categories under §101 (hereinafter, “Step 1”), we first look to whether the claim recites: (1) any judicial exceptions, including certain groupings of abstract ideas (i.e., mathematical concepts, certain methods of organizing human activity such as a fundamental economic practice, or mental processes);3 and (2) additional elements that integrate the judicial exception into a practical application (see MPEP § 2106.05(a)–(c), (e)–(h)).4 See Revised Guidance, 51–52, 54–55. Only if a claim (1) recites a judicial exception and (2) does not integrate that exception into a practical application, do we then look to whether the claim: (3) adds a specific limitation beyond the judicial exception that are not “well-understood, routine, conventional” in the field (see MPEP § 2106.05(d)); or (4) simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception.5 See Revised Guidance, 56. 3 Referred to as “Revised Step 2A, Prong 1” in the Revised Guidance (hereinafter, “Step 2A(i)”). 4 Referred to as “Revised Step 2A, Prong 2” in the Revised Guidance (hereinafter, “Step 2A(ii)”). 5 Items (3) and (4) continue to be collectively referred to as “Step 2B” of the Supreme Court’s two-step framework, described in Mayo and Alice. Appeal 2019-000377 Application 14/030,344 8 Step 2A(i) – Abstract Idea Informed by our judicial precedent, the recent Revised Guidance extracts and synthesizes key concepts identified by the courts as abstract ideas to explain that the abstract idea exception includes the following groupings of subject matter, when recited as such in a claim limitation: (a) Mathematical concepts—mathematical relationships, mathematical formulas or equations, mathematical calculations; (b) Certain methods of organizing human activity — fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions); and (c) Mental processes—concepts performed in the human mind (including an observation, evaluation, judgment, opinion). Under the Revised Guidance, if the claim does not recite a judicial exception (a law of nature, natural phenomenon, or subject matter within the enumerated groupings of abstract ideas above), then the claim is patent- eligible at Step 2A(i). This determination concludes the eligibility analysis, except in situations identified in the Revised Guidance.6 However, if the claim recites a judicial exception (i.e., an abstract idea enumerated above, a law of nature, or a natural phenomenon), the claim 6 In the rare circumstance in which an Examiner believes a claim limitation that does not fall within the enumerated groupings of abstract ideas should nonetheless be treated as reciting an abstract idea, the procedure described in the Revised Guidance for analyzing the claim should be followed. See Revised Guidance, Section III.C. Appeal 2019-000377 Application 14/030,344 9 requires further analysis for a practical application of the judicial exception in Step 2A(ii). Step 2A(ii) – Practical Application If a claim recites a judicial exception in Step 2A(i), we determine whether the recited judicial exception is integrated into a practical application of that exception in Step 2A(ii) by: (a) identifying whether there are any additional elements recited in the claim beyond the judicial exception(s); and (b) evaluating those additional elements individually and in combination to determine whether they integrate the exception into a practical application. The seven identified “practical application” sections of the MPEP,7 cited in the Revised Guidance under Step 2A(ii), are: (1) MPEP § 2106.05(a) Improvements to the Functioning of a Computer or To Any Other Technology or Technical Field (2) MPEP § 2106.05(b) Particular Machine (3) MPEP § 2106.05(c) Particular Transformation (4) MPEP § 2106.05(e) Other Meaningful Limitations (5) MPEP § 2106.05(f) Mere Instructions To Apply An Exception (6) MPEP § 2106.05(g) Insignificant Extra-Solution Activity (7) MPEP § 2106.05(h) Field of Use and Technological Environment 7 See MPEP § 2106.05(a)–(c), (e)–(h). Citations to the MPEP herein refer to revision [R-08.2017]. Appeal 2019-000377 Application 14/030,344 10 If the recited judicial exception is integrated into a practical application as determined under one or more of the MPEP sections cited above, then the claim is not directed to the judicial exception, and the patent- eligibility inquiry ends. If not, then analysis proceeds to Step 2B. Step 2B – “Inventive Concept” or “Significantly More” Under our precedent, it is possible that a claim that does not “integrate” a recited judicial exception under Step 2A(ii) is nonetheless patent eligible. For example, the claim may recite additional elements that render the claim patent eligible even though a judicial exception is recited in a separate claim element.8 The Federal Circuit has held claims eligible at the second step of the Alice/Mayo test (USPTO Step 2B) because the additional elements recited in the claims provided “significantly more” than the recited judicial exception (e.g., because the additional elements were unconventional in combination).9 Therefore, if a claim has been determined to be directed to a judicial exception under Revised Step 2A, we must evaluate the additional elements individually and in combination under Step 2B to determine whether they provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself).10 8 See, e.g., Diehr, 450 U.S. at 187. 9 See, e.g., Amdocs (Israel), Ltd. v. Openet Telecom, Inc., 841 F.3d 1288, 1300, 1304 (Fed. Cir. 2016); BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC, 827 F.3d 1341, 1349–52 (Fed. Cir. 2016); DDR Holdings v. Hotels.com, 773 F.3d 1245, 1257–59 (Fed. Cir. 2014). 10 We note the patent eligibility inquiry may contain underlying issues of fact. Mortg. Grader, Inc. v. First Choice Loan Servs. Inc., 811 F.3d 1314, 1325 (Fed. Cir. 2016). In particular, “[t]he question of whether a claim element or combination of elements is well-understood, routine and Appeal 2019-000377 Application 14/030,344 11 Under the Revised Guidance, we must consider in Step 2B whether an additional element or combination of elements: (1) “Adds a specific limitation or combination of limitations that are not well-understood, routine, conventional activity in the field, which is indicative that an inventive concept may be present;” or (2) “simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, which is indicative that an inventive concept may not be present.” See Revised Guidance, III.B.11 In the Step 2B analysis, an additional element (or combination of elements) is not well-understood, routine, or conventional unless the examiner finds an evidentiary basis, and expressly supports a rejection in writing with, one or more of the following: 1. A citation to an express statement in the specification or to a statement made by an applicant during prosecution that demonstrates the well-understood, routine, conventional nature of the additional element(s). conventional to a skilled artisan in the relevant field is a question of fact.” Berkheimer v. HP Inc., 881 F.3d 1360, 1368 (Fed. Cir. 2018). 11 In accordance with existing Step 2B guidance, an Examiner’s conclusion that an additional element (or combination of elements) is well understood, routine, conventional activity must be supported with a factual determination. For more information concerning evaluation of well- understood, routine, conventional activity, see MPEP § 2106.05(d), as modified by the USPTO Berkheimer Memorandum (USPTO Commissioner for Patents Memorandum dated Apr. 9, 2018, “Changes in Examination Procedure Pertaining to Subject Matter Eligibility, Recent Subject Matter Eligibility Decision (Berkheimer v. HP, Inc.)” (hereinafter “Berkheimer Memo”). Appeal 2019-000377 Application 14/030,344 12 2. A citation to one or more of the court decisions discussed in MPEP § 2106.05(d)(II) as noting the well-understood, routine, conventional nature of the additional element(s). 3. A citation to a publication that demonstrates the well- understood, routine, conventional nature of the additional element(s). 4. A statement that the examiner is taking official notice of the well-understood, routine, conventional nature of the additional element(s). See Berkheimer Memo. The analysis in Step 2B further determines whether an additional element or combination of elements: (a) Adds a specific limitation or combination of limitations that are not well-understood, routine, conventional activity in the field, which is indicative that an inventive concept may be present; or (b) simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, which is indicative that an inventive concept may not be present. Revised Guidance, and see Berkheimer Memo. If the Examiner or the Board determines under Step 2B that the element (or combination of elements) amounts to significantly more than the exception itself, the claim is eligible, thereby concluding the eligibility analysis. However, if a determination is made that the element and combination of elements does not amount to significantly more than the exception itself, the claim is ineligible under Step 2B, and the claim should be rejected for lack of subject matter eligibility. Appeal 2019-000377 Application 14/030,344 13 ANALYSIS Step 1 Under Step 1 in the patent-eligibility inquiry under § 101, in accordance with the Revised Guidance, we determine whether a claim is directed to one of the four statutory categories of invention, i.e., a process, machine, manufacture, or composition of matter. Independent claim 1 and claims 2–10 and 21–24 depending therefrom each recite “[a] method for managing a Hijri calendar comprising” a series of steps or acts performed “by one or more processors” (claim 1). Therefore, claims 1–10 and 21–24, as method claims, recite at least one of the enumerated categories (e.g., a process) of eligible subject matter in 35 U.S.C. § 101. Independent claim 11 recites “[a] system for a Hijri calendar comprising: at least one processor” and “a memory coupled to the at least one processor” (claim 11). Therefore, claims 11–19, as system claims, recite at least one of the enumerated categories (e.g., machine and/or manufacture) of eligible subject matter in 35 U.S.C. § 101. Independent claim 20 recites “[a] non-transitory computer readable medium.” Therefore, claim 20, as an apparatus claim, recites at least one of the enumerated categories (e.g., a manufacture). Therefore, as to claims 1–24, we continue our analysis under Step 2A(i) of the Revised Guidance to determine whether the claims (1) recite a judicial exception (a law of nature, natural phenomenon, or subject matter within the enumerated groupings of abstract ideas above); or (2) the claims are patent-eligible. Appeal 2019-000377 Application 14/030,344 14 Based on Appellant’s arguments in the Appeal Brief (see Br. 10– 14),12 (i) we select claim 1 as representative of the group of claims consisting of claims 1–24, pursuant to our authority under 37 C.F.R. § 41.37(c)(iv); and (ii) the issue before us is whether claim 1 is “directed to”13 a judicial exception (Steps 2A(i) and 2A(ii)) without significantly more (Step 2B), and is therefore patent-ineligible. For the reasons that follow, we conclude that claim 1 and claims 2–24 grouped therewith are directed to a judicial exception (a law of nature, natural phenomenon, or subject matter within the enumerated groupings of abstract ideas above), because the recited claim limitations (i) fall within the enumerated groupings of abstract ideas (e.g., mathematical concepts, methods of organizing human activity, and mental processes—concepts 12 Appellant primarily argues claim 1, and relies on the arguments presented for claim 1 for the patent eligibility of claims 2–24 (see Br. 10–14). Appellant presents separate arguments as to claim 9 (only as to Step 2B), and only nominal and/or conclusory arguments as to claims 22–24 (see Br. 13). See 37 C.F.R. § 41.37(c)(iv) (“A statement which merely points out what a claim recites will not be considered an argument for separate patentability of the claim.”); see also In re Lovin, 652 F.3d 1349, 1357 (Fed. Cir. 2011) (“[W]e hold that the Board reasonably interpreted Rule 41.37 to require more substantive arguments in an appeal brief than a mere recitation of the claim elements and a naked assertion that the corresponding elements were not found in the prior art.”); cf. In re Baxter Travenol Labs., 952 F.2d 388, 391 (Fed. Cir. 1991) (“It is not the function of this court to examine the claims in greater detail than argued by an appellant, looking for [patentable] distinctions over the prior art.”). 13 The issue of whether claims 1–24 are directed to a judicial exception turns on whether representative claim 1 (i) recites a judicial exception (Step 2A(i)); and (ii) does not contain additional limitations that integrate the exception into a practical application (Step 2A(ii)). Appeal 2019-000377 Application 14/030,344 15 performed in the human mind), and (ii) do not contain additional elements that integrate the judicial exception into a practical application. Step 2A(i): Does Representative Claim 1 Recite a Judicial Exception? We have reviewed the Examiner’s subject matter eligibility rejection of claims 1–24 (Final Act. 2–3) in light of Appellant’s contentions that the Examiner has erred (Br. 10–14), as well as the Examiner’s response to Appellant’s arguments (Ans. 3–4). We disagree with Appellant’s contentions that the Examiner erred in rejecting claims 1 and 9 under 35 U.S.C. § 101. Most specifically, we disagree with Appellant’s contentions that claim 1 does not recite an abstract idea or combination of abstract ideas. The Examiner determines: The invention of claims 1-24 is to perform date conversion to Hijri calendar from another calendar. The claimed invention clearly includes calculations and/or manipulations of numerical values for converting a set of data/values to another set of data/values according to mathematical relationships or formulas, and thus are directed a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) as it is similar to Gottschalk v. Benson that merely performs calculations and/or manipulations numerical data values according to mathematical relationships or formulas for converting binary coded decimal to pure binary, and that the courts have identified as an abstract idea. The steps of receiving a request and date input, determining whether a date associated with the date input falls within a predetermined Hijri calendar date range, and performing the conversion accordingly by either looking up a precomputed a Hijri date that matches the date associated with the date input, or computing the Hijri date according to conversion algorithm, and returning the Hijri date are clearly abstract idea because they are merely calculation and/or manipulation of numerical values. Further, the user’s location as recited in the claims is merely a variable of mathematical relationships or formulas. The claims do not include additional Appeal 2019-000377 Application 14/030,344 16 elements that provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea, and that that amounts to significantly more than the abstract idea itself. Final Act. 2–3 (emphasis added); see also Ans. 3–4. We agree with the Examiner’s findings and conclusions. As we explained supra, the Supreme Court has held that concepts determined to be abstract ideas, and thus patent ineligible, include mathematical formulas (Parker v. Flook, 437 U.S. 584, 594–95 (1978)); and mental processes (Gottschalk v. Benson, 409 U.S. 63, 69 (1972)). Thus, the very last clause of claim 1 on appeal, reciting providing “an indication that the converted date is potentially inaccurate is provided to the user,” is post- solution activity, such as a warning when a warning limit has been reached) as found in Parker v. Flook. We also agree with the Examiner (see Final Act. 2–3; Ans. 4) that the user’s location (recited in claims 6, 10, 16, 19, and 22–24) is just a variable using in the mathematical conversion, and we find these claim recitations broad enough to cover both global positioning system (GPS) and manual input of the user’s location.14 14 Appellant’s Specification describes determining the user’s location in three ways: (1) “the connection module 110 may include a location component (not shown), for example, a Global Positioning System, which is configured to determine the location of the user of the network enabled device;” (2) “the user’s location may be predetermined, for example, entered by the user, and stored in the memory module 140;” or (3) “the user may select which location or which fixed Hijri calendar to use and the user’s selection may be stored in the memory module 140 and retrieved by the conversion module 130” (Spec. ¶ 66). Appeal 2019-000377 Application 14/030,344 17 In response to Appellant’s arguments in the Appeal Brief, the Examiner determines: . . . the claimed invention is clearly similar to Gottschalk v. Benson because they are both directed to converting an abstract data to another abstract data according to mathematical relationships or formulas implemented by generic computer structure, which the courts have identified as an abstract idea. Further, the claimed invention is merely to convert date from a predetermine calendar to Hijri calendar, and provide an alert of a potential inaccuracy in the conversion. The claim solution is clearly rooted in the calendar conversion itself. It is not necessarily rooted in computer technology or an internet-centric problem in order to overcome a problem specifically arising the realm of computer software applications and the internet. Therefore, the examiner respectfully submits that the claimed invention is directed to a judicial exception of an abstract idea, and because the claims fail to recite additional elements that, both individually and in combination, provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea, such that the claims as a whole amounts to significantly more than the abstract idea itself, claims 1-24 are not directed eligible subject matter. Ans. 3–4. Again, we agree with the Examiner’s findings and ultimate conclusion of patent ineligibility. The focus of Appellant’s disclosed invention is a “method and system for a Hijri calendar” (Spec. ¶ 1; Abstract; see also Title), and more generally “to converting between or among calendars” (Spec. ¶ 1). The focus of Appellant’s disclosed and claimed invention is to provide a program to allow a user to convert a date from a predetermined calendar into a date corresponding to the Hijri calendar (Abstract; claims 1, 11, 20; Spec. ¶¶ 7, 17). Independent claim 1, and claim 9 dependent from claim 1, recite methods for managing a Hijri calendar, including using a processor to Appeal 2019-000377 Application 14/030,344 18 convert a date from a predetermined calendar into a date corresponding to the Hijri calendar employing various data and a Hijri conversion algorithm. Claim 1 (see supra) recites a method for managing a Hijri calendar by (i) “receiving . . . a request for a date conversion, the request including a date input from a first predetermined calendar” (limitation [A]); (ii) “determining . . . the first predetermined calendar and a conversion type” using the date input (limitation [B]); and (iii) “obtaining . . . a predetermined Hijri calendar” (limitation [C]), which are all data collection and/or data gathering steps. Claim 1 (see supra) also recites (iv) “determining . . . whether a date associated with the date input falls within a predetermined Hijri calendar date range” (limitation [D]), which constitutes making a mathematical data comparison. Claim 1 (see supra) also recites (v) computing converted dates in one of two different manners depending on whether “the date input falls within the date range” determined in the data comparison step of limitation [D] (limitations [E] and [F]), which constitute mathematical calculations and mental processes. Finally, claim 1 (see supra) recites “returning . . . the converted date” and “an indication that the converted date is potentially inaccurate” to the user (limitation [G]), which constitute post-solution activity, like issuing a warning in Parker v. Flook. Essentially, claim 1 recites a method of converting a date of a calendar, which involves mathematical calculations and mental processes. We note independent claim 1 performs the function of managing a Hijri calendar by receiving and obtaining data, and comparing data to determine optimum results (accuracy of the converted date) based on an algorithm (including at least the Hijri conversion algorithm). Appeal 2019-000377 Application 14/030,344 19 Our determination that claim 1 recites steps for converting dates between calendars (a first predetermined calendar and a Hijri calendar) as being abstract ideas, such as mathematical calculations and mental processes, is supported by case law. See Parker v. Flook, 437 U.S. 584, 594–95 (1978); Gottschalk v. Benson, 409 U.S. 63, 69 (1972); Digitech Image Technologies, LLC v. Electronics for Imaging, Inc., 758 F.3d 1344, 1351 (Fed. Cir. 2014) (employing “mathematical algorithms to manipulate existing information to generate additional information” found abstract); Accenture Global Services, GmbH v. Guidewire Software, Inc., 728 F.3d 1336, 1344–46 (Fed. Cir. 2013) (generating tasks based on rules in response to events found abstract). Our reviewing court has concluded that abstract ideas include the concepts of collecting data, recognizing certain data within the collected data set, and storing the data in memory. Berkheimer v. HP Inc., 881 F.3d 1360, 1366 (Fed. Cir. 2018) (concluding that the acts of parsing, comparing, storing, and editing data are abstract ideas; Content Extraction & Transmission LLC v. Wells Fargo Bank, N.A., 776 F.3d 1343, 1347 (Fed. Cir. 2014) (abstract ideas include the concepts of collecting data, recognizing certain data within the collected data set, and storing the data in memory); see also Smart Sys. Innovations, LLC v. Chi. Transit Auth., 873 F.3d 1364, 1372 (Fed. Cir. 2017) (concluding “claims directed to the collection, storage, and recognition of data are directed to an abstract idea”). Therefore, claim 1, which recites collecting and recognizing certain data (limitations [A]–[C]), sets forth concepts recognized by our reviewing court to be judicially excepted abstract ideas that are patent ineligible. Appeal 2019-000377 Application 14/030,344 20 Moreover, the further-recited acts of (i) comparing data, such as the date comparison recited in limitation [D]; and (ii) returning the converted date to the user recited in limitation [G], are acts that are abstract ideas. With regard to the date range determination/comparison recited in limitation [D], collection of information and analysis of information (e.g., recognizing certain data within the dataset) are abstract ideas. Elec. Power Grp., LLC v. Alstom S.A., 830 F.3d 1350, 1353 (Fed. Cir. 2016). And, with regard to both limitations [D] and [G], our conclusion that these acts are part of an abstract mental process is further supported by case law. See Berkheimer v. HP Inc., 881 F.3d 1360, 1366 (Fed. Cir. 2018) (concluding that acts of parsing, comparing, storing, and editing data are abstract ideas); SAP Am., Inc. v. Investpic, LLC, 898 F.3d 1161, 1167 (Fed. Cir. 2018)) (“merely presenting the results of abstract processes of collecting and analyzing information . . . is abstract as an ancillary part of such collection and analysis.”); Intellectual Ventures I LLC v. Capital One Fin. Corp., 850 F.3d 1332, 1340 (Fed. Cir. 2017) (“collecting, displaying, and manipulating data” is an abstract idea); Digitech Image Techs., LLC v. Elecs. for Imaging, Inc., 758 F.3d 1344, 1351 (Fed. Cir. 2014) (holding that a process that starts with data, applies an algorithm, and ends with a new form of data is directed to an abstract idea). Further, merely combining several abstract ideas (such as a mathematical concept and a mental process) does not render the combination any less abstract. RecogniCorp, 855 F.3d at 1327 (“Adding one abstract idea . . . to another abstract idea . . . does not render the claim non- abstract.”); see also FairWarning IP, LLC v. Iatric Sys., Inc., 839 F.3d 1089, Appeal 2019-000377 Application 14/030,344 21 1094 (Fed. Cir. 2016) (determining the pending claims were directed to a combination of abstract ideas). In this light, the method for managing a Hijri calendar, including computing converted calendar dates (see limitations [E] and [F] recited in claim 1 on appeal), is a (1) mathematical concept involving mathematical relationships, mathematical formulas or equations, or mathematical calculations; combined with (2) a mental process involving concepts performed in the human mind (including an observation, evaluation, judgment, opinion). Thus, we conclude claim 1 recites (i) a method of managing a Hijri calendar, through performance of observations and judgments capable of being performed in the human mind, which is a mental process; and (ii) computing converted calendar dates, which is a mathematical concept, i.e., claim 1 recites a combination of abstract ideas. Claims 2–24 grouped with claim 1 contain similar subject matter, and similarly recite combinations of abstract ideas. Because we conclude independent claim 1 and claims 2–24 grouped therewith recite a combination of abstract ideas, we proceed to Step 2A(ii) to determine whether the judicial exception of claims 1–24 is integrated into a practical application. Step 2A(ii) – Practical Application If a claim recites a judicial exception, in Step 2A(ii) we determine whether the recited judicial exception is integrated into a practical application of that exception by: (a) identifying whether there are any additional elements recited in the claim beyond the judicial exception(s); and (b) evaluating those additional elements individually and in combination to determine whether they integrate the exception into a practical application. Appeal 2019-000377 Application 14/030,344 22 If the recited judicial exception is integrated into a practical application, the claim is not directed to the judicial exception. Appellant’s claimed method for managing a Hijri calendar (claim 1) recites the collection and comparison of data and the use of mathematical algorithms to determine optimal results (i.e., an accurate conversion of the input date into a Hijri calendar date), a combination of abstract ideas. See claims 1, 11, 20. Claim 1 merely recites the additional elements of a “one or more processors.” Considering claim 1 as a whole, this additional element fails to apply or use the abstract idea in a meaningful way such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Moreover, but for the recitation of a generic processor (see claim 1, “one or more processors”) and a database or third party computer (see claim 9, “at least one third party system or database”), we find the recited steps or acts, could be performed as mental steps, or with the aid of pen and paper. See Synopsys, Inc. v. Mentor Graphics Corp., 839 F.3d 1138, 1146 (Fed. Cir. 2016) (“While the Supreme Court has altered the § 101 analysis since CyberSource in cases like Mayo and Alice, we continue to ‘treat[] analyzing information by steps people go through in their minds, or by mathematical algorithms, without more, as essentially mental processes within the abstract-idea category.’”) (quoting Elec. Power, 830 F.3d at 1354); see also CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1375 (Fed. Cir. 2011) (“That purely mental processes can be unpatentable, even when performed by a computer, was precisely the holding of the Supreme Court in Gottschalk v. Benson.”). Appeal 2019-000377 Application 14/030,344 23 “[M]erely selecting information, by content or source, for collection [and] analysis . . . does nothing significant to differentiate a process from ordinary mental processes.” Elec. Power, 830 F.3d at 1355. Receiving and analyzing (or identifying data), by itself, does not transform an otherwise- abstract process or system of information collection and analysis. See id. Like the claims at issue in Electric Power, we find Appellant’s claim 1 does not invoke “any assertedly inventive programming” or an “arguably inventive set of components or methods.” Id. Therefore, in this light, even if the collection and comparison of data and the use of mathematical algorithms to determine optimal results (i.e., an accurate conversion of the input date into a Hijri calendar date) recited in claim 1 were not abstract ideas, they are alternatively not additional elements recited in the claim beyond the judicial exception that integrate the exception into a practical application. The nature of claim 1 as a whole is not to define a specific technological improvement, which may constitute integrating the claim into a practical application. Instead, claim 1 merely recites the steps necessary to perform the abstract idea itself. Our reviewing court has “made clear that mere automation of manual processes using generic computers does not constitute a patentable improvement in computer technology.” Credit Acceptance Corp. v. Westlake Servs., 859 F.3d 1044, 1055 (Fed. Cir. 2017). Like the claims in Credit Acceptance, the focus of claim 1 is on the mental process of performing the claimed calculations, “and the recited generic computer elements ‘are invoked merely as a tool.’” Id. (citing Enfish, 822 F.3d 1327); see also Versata Dev. Grp., Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334 (Fed. Cir. 2015) (collecting cases). Appeal 2019-000377 Application 14/030,344 24 Specifically, the claimed “one or more processors” used to achieve the claimed results are not focused on “a specific means or method that improves the relevant technology.” McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314 (Fed. Cir. 2016). Appellant’s Specification confirms the generic, conventional nature of the claimed processing device. See Spec. ¶¶ 36, 37, 73, 74; Fig. 1. In particular, the Specification discloses the claimed method may be executed “on a network enabled device (not shown), for example, a personal computer, a tablet computer, a smartphone, a notebook computer, or the like” (Spec. ¶ 37). Appellant’s contention (Br. 10–11) “that performing of a date conversion to Hijri calendar from another calendar is different from merely converting binary coded decimal to pure binary” because “date conversion to Hijri calendar from another calendar inherently requires more than converting binary coded decimal to pure binary, such as an interface via which a request for a dat[e] conversion is received, a database storing a plurality of calendars and conversion types for reference” is unpersuasive for at least three reasons. First, as discussed above, the operations of the method for managing a Hijri calendar are capable of being performed by conventional processors and computing device. Second, Appellant’s claim 1 does not recite an interface, database for storage of data, or output device such as a display (see claim 1). Third, even if claim 1 could be construed to include an interface such as a network or the Internet (see e.g., Fig. 1, network 10), and a database (see e.g., Fig. 1, database 20), such elements are nothing more than generic computing system components that operate in Appeal 2019-000377 Application 14/030,344 25 conventional ways (see Spec. ¶ 37) (describing network 10 and databases 20).15 Thus, Appellant (Br. 10–11) has not persuaded us of Examiner error with respect to either Step 2A(i) or Step 2A(ii) of the Revised Guidance. We, therefore, conclude the judicial exception is not integrated into a practical application under the Revised Guidance. Because representative claim 1 recites a judicial exception (i.e., the abstract ideas of a mental process and mathematical concept) that is not integrated into a practical application, in accordance with the Revised Guidance, we conclude claim 1 and claims 2– 24 grouped therewith are directed to a combination of abstract ideas under Step 2A(i), and the eligibility analysis with regard to claims 1–24 proceeds to Step 2B. Step 2B – Inventive Concept Having determined claims 1–24 are directed to abstract ideas that are not integrated into a practical application, we now evaluate whether the additional elements add a specific limitation that is not well-understood, routine, or conventional activity in the field, or simply append well- understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the abstract ideas. See Revised Guidance. Thus, we determine whether representative claim 1, and claim 9 separately argued (see Br. 12), “focus on a specific means or method that improves the relevant technology” or are “directed to a result or effect 15 Paragraph 37 of the Specification states that “network 10 may be, for example, the Internet, a local area network, a virtual network, a wide area network, a wireless network or the like, or a combination of networks,” and data may be queried “from, for example, external databases 20, third party devices 30, and the like.” Appeal 2019-000377 Application 14/030,344 26 that itself is the abstract idea and merely invoke generic processes and machinery.” McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314 (Fed. Cir. 2016). Claim 1 recites “one or more processors” which is shown as part of a system (100) for a Hijri calendar (see Fig. 1, processor 150; Spec. ¶ 36). The system 100, including processor 150, “is intended to reside on a network enabled device (not shown), for example, a personal computer, a tablet computer, a smartphone, a notebook computer, or the like” (Spec. ¶ 37). Appellant’s Specification describes the system 100 and processor 150 as being composed of “well-known structures” such that “specific details are not provided as to whether the embodiments described herein are implemented as a software routine, hardware circuit, firmware, or a combination thereof” (Spec. ¶ 73). And, when Appellant’s disclosed invention is embodied in “[a] non-transitory computer readable medium containing instructions, that when executed, perform the method of claim 1” (see claim 20), Appellant’s Specification discloses those instructions “can be executed by a processor or other suitable processing device” (Spec. ¶ 74) (emphasis added). Thus, Appellant does not describe any specific technological improvement of a processor or computing device for managing a Hijri calendar. Claim 9 recites the additional element of “at least one third party system or database.” Appellant’s Figure 1 shows a database 20 and at least one third party device 30, which are described in paragraph 37 of the Specification as being connected to the system 100 through network 10. Again, the database 20 and/or third party device 30, like the processor 150 Appeal 2019-000377 Application 14/030,344 27 discussed above with respect to claim 1, are not described as having a technological improvement, but are simply used in a conventional manner. In view of the foregoing, the written description thus describes these components (processor 150, database 20, and/or third party system 30) in a manner that indicates the components and the functions they perform were well known in the art. See Hybritech Inc. v. Monoclonal Antibodies, Inc., 802 F.2d 1367, 1384 (Fed. Cir. 1986) (explaining that “a patent need not teach, and preferably omits, what is well known in the art”); see also Intellectual Ventures I LLC v. Erie Indem. Co., 850 F.3d 1315, 1331 (Fed. Cir. 2017) (“The claimed mobile interface is so lacking in implementation details that it amounts to merely a generic component (software, hardware, or firmware) that permits the performance of the abstract idea, i.e., to retrieve the user-specific resources.”). The Examiner determines, and we agree, that: Processors, interface and a non-transitory computer readable medium containing instructions as recited in the claims are mere generic structures of computer. The features of querying databases, or tables for precomputed data and related information and providing an indication the converted date potentially inaccurate that is merely displaying a warning related to a processed data, are well-understood, routine, conventional activity previously known to the industry. These elements amount to no more than (i) mere instructions to implement the abstract idea on a computer, and (ii) recitation of generic computer structure that serves to perform generic computer functions that are well-understood, routine, and conventional activities previously known to the pertinent industry. Therefore these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) as a whole amounts to significantly more than Appeal 2019-000377 Application 14/030,344 28 the abstract idea itself. Therefore, claims 1-24 are not directed to patent eligible subject matter. Ans. 3. As a result, we are not persuaded that the operations recited in claims 1 and 9 are anything beyond generic computer functions as opposed to an improvement to a mathematical concept and/or mental process. Considering the elements of claims 1 and 9 individually and as an ordered combination, claims 1 and 9 do no more than simply instruct the practitioner to implement the abstract ideas on a generic computer/processer or database. Dealertrack, Inc. v. Huber, 674 F.3d 1315, 1333–34 (Fed. Cir. 2012) (“Simply adding a ‘computer aided’ limitation to a claim covering an abstract concept, without more, is insufficient to render [a] claim patent eligible.”). Appellant has not persuaded us of Examiner error. As explained above, Appellant’s claims focus on managing a Hijri calendar by converting a date input for one calendar into a Hijri calendar date—an improvement to the abstract idea itself, not an improvement to a technological process. In DDR Holdings, the Federal Circuit found that claims drawn to “generating a composite web page that combines certain visual elements of a ‘host’ website with content of a third-party merchant” provided a solution “necessarily rooted in computer technology in order to overcome a problem specifically arising in the realm of computer networks.” DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1248, 1257 (Fed. Cir. 2014). The claims addressed a problem in a manner that was “not merely the routine or conventional use of the Internet.” Id. at 1259. In particular, rather than the expected behavior of simply sending the website visitor to a third-party website, the claimed invention behaved in a manner different than expected Appeal 2019-000377 Application 14/030,344 29 by sending a website visitor to a hybrid web page presenting information from a third-party with the look and feel of the host website. Id. at 1258‒59. In contrast, Appellant’s invention solves a problem of managing a Hijri calendar by converting a date input for one calendar into a Hijri calendar date. This is not a problem particular to the Internet or any other technology, and Appellant’s solution does not override the routine or conventional use of the Internet, processors, or any other technology. Rather, Appellant’s claims use conventional computer components to perform conventional computer functions to perform a mathematical calculation. Accordingly, Appellant’s arguments based on DDR Holdings, that the claims are “necessarily rooted in computer technology in order to overcome a problem specifically arising in the realm of computer software applications and the Internet” (see Br. 11), are unpersuasive. Therefore, based on the record before us, we are not persuaded of error in the Examiner’s determination that the appealed claims are directed to patent ineligible subject matter, without significantly more. Accordingly, we affirm the Examiner’s rejection claims 1–24 under 35 U.S.C. § 101 as being directed to patent-ineligible subject matter. Summary Therefore, under the USPTO’s Revised Patent Eligibility Guidance, informed by our governing case law concerning 35 U.S.C. § 101, the Examiner did not err in concluding claim 1 (and claims 2–8 and 10–24 grouped therewith) and claim 9 (separately argued) are directed to a judicial exception, i.e., an abstract idea or combination of abstract ideas, without significantly more, and thus is patent-ineligible under § 101. In view of the Appeal 2019-000377 Application 14/030,344 30 foregoing, we sustain the Examiner's § 101 rejection of claims 1–24 as being directed to patent-ineligible subject matter. CONCLUSION The Examiner did not err in rejecting claims 1–24 under 35 U.S.C. § 101 as being directed to patent-ineligible subject matter, without significantly more. DECISION For the above reasons, the Examiner’s decision rejecting claims 1–24 under 35 U.S.C. § 101 as being directed to patent-ineligible subject matter is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED Copy with citationCopy as parenthetical citation