Jeffrey ArmitsteadDownload PDFPatent Trials and Appeals BoardApr 2, 20212018001367 (P.T.A.B. Apr. 2, 2021) 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. 13/252,640 10/04/2011 Jeffrey ARMITSTEAD RESMED 3.3-068 C (515) 1072 147311 7590 04/02/2021 Botos Churchill IP Law LLP 430 Mountain Avenue Suite 401 New Providence, NJ 07974 EXAMINER BLOCH, MICHAEL RYAN ART UNIT PAPER NUMBER 3791 NOTIFICATION DATE DELIVERY MODE 04/02/2021 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): pto@bciplaw.com rbotos@bciplaw.com rchurchill@bciplaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte JEFFREY ARMITSTEAD ____________ Appeal 2018-001367 Application 13/252,640 Technology Center 3700 ____________ Before STEFAN STAICOVICI, BRANDON J. WARNER, and ALYSSA A. FINAMORE, Administrative Patent Judges. WARNER, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 52–57, 59–65, 67, and 84–99, which are all the pending claims. Appeal Br. 2. We have jurisdiction over the appeal under 35 U.S.C. § 6(b). An oral hearing, scheduled for September 19, 2019, was waived. We AFFIRM. 1 We use the word “Appellant” to refer to the “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies the real party in interest as ResMed Limited. Appeal Br. 2. Appeal 2018-001367 Application 13/252,640 2 CLAIMED SUBJECT MATTER Appellant’s disclosed invention relates to “detection of sleep disordered breathing patterns and the discrimination between patterns of different disease states such as obstructive sleep apnea, central sleep apnea and Cheyne-Stokes breathing and mixed sleep apnea.” Spec. ¶ 2. Claims 52 and 60 are independent. Claim 52, reproduced below with bracketed notations and emphasis added, is illustrative of the subject matter on appeal. 52. A method for a controlled ventilatory apparatus to automatically determine an absence or a presence of Cheyne- Stokes breathing in a person comprising: [(a)] providing a signal indicative of respiration of a person derived from a sensor; repeatedly in a processor, [(b)] determining a presence of an apnea or an hypopnea from said signal and, for the determined presence of an apnea or hypopnea, [(c)] calculating a maximum increase from multiple increases of said signal of a hyperpnoea following the determined presence of an apnea or an hypopnea, wherein each of the multiple increases is determined from a predetermined time interval in a period of the hyperpnoea between its beginning and maximum, wherein a plurality of said maximum increases are determined from a plurality of hyperpnoeas, the plurality of maximum increases including a first maximum increase and a second maximum increase such that the first maximum increase is from one hyperpnoea and the second maximum increase is from another hyperpnoea; [(d)] determining any peak in a frequency spectrum of said signal; and in the processor, [(e)] determining the absence of Cheyne-Stokes breathing based on the first maximum increase, and [(f)] determining the presence of Cheyne-Stokes breathing based on a combination of a peak in the frequency spectrum and the second maximum increase, the first maximum increase being greater than the second maximum increase such that the Appeal 2018-001367 Application 13/252,640 3 first maximum increase characterizes a hyperpnoea typical of obstructive sleep apnea and the second maximum increase characterizes a hyperpnoea typical of Cheyne-Stokes breathing. REJECTIONS The following rejections are before us for review: I. Claims 52, 54–57, 59, 60, 62–65, 67, and 94–97 stand rejected under 35 U.S.C. § 112, first paragraph, as failing to comply with the written description requirement. Final Act. 3–6. II. Claims 52, 54–57, 59, 60, 62–65, 67, and 94–97 stand rejected under 35 U.S.C. § 112, first paragraph, as failing to comply with the enablement requirement. Id. at 6–10. III. Claims 52–57, 59–65, 67, and 84–99 stand rejected under 35 U.S.C. § 101 as being directed to patent-ineligible subject matter. Id. at 10–12. ANALYSIS Rejection I – Claims 52, 54–57, 59, 60, 62–65, 67, and 94–97 as failing to comply with the written description requirement The Examiner finds that there is insufficient written description support for the recitation in independent claims 52 and 60 of “a signal indicative of respiration,” which the Examiner states “is much broader than what the specification supports.” Final Act. 3. In other words, the Examiner states that the claims are now using “broader terms” to encompass “all conceivable signals that are indicative of respiration,” whereas the Specification focuses on a particular jump determination of a ventilation signal only. Id. at 4–5. Appeal 2018-001367 Application 13/252,640 4 The fundamental factual inquiry for sufficient written description is whether Appellant’s Specification conveys with reasonable clarity to those skilled in the art that, as of the filing date sought, the inventor was in possession of the invention as presently claimed. See Ariad Pharm., Inc., v. Eli Lilly & Co., 598 F.3d 1336, 1351 (Fed. Cir. 2010) (en banc); Vas-Cath Inc. v. Mahurkar, 935 F.2d 1555, 1562–64 (Fed. Cir. 1991). We agree with Appellant that the Specification provides adequate support for the recitation of “a signal indicative of respiration” sufficient to satisfy the written description requirement. See Appeal Br. 17–20; Reply Br. 8–11. In particular, we agree with Appellant that the Specification contemplates making a diagnosis using “a signal indicative of respiration” (Appeal Br. 19, citing Spec. ¶ 19), sets forth using a “ventilation signal” as an example signal rather than a required signal (Appeal Br. 19–20), and discloses at least one other signal, in the form of an oxygen saturation signal, that could similarly be used in making the diagnosis because such a signal “will undergo the classic waxing and waning pattern also characteristic of ventilation,” like a ventilation signal, such that the “same pattern recognition techniques may be applied to both signals” (Appeal Br. 20, citing Spec. ¶¶ 61–63). Thus, these two signals, encompassed by the recited term “a signal indicative of respiration” have explicit written description support in the original disclosure of the Specification. In short, we find that the disclosure of the Specification reasonably conveys to those skilled in the art that the inventor was in possession of the invention as recited in claims 52 and 60 at the time of filing. Accordingly, we do not sustain the rejection of claims 52, 54–57, 59, 60, 62–65, 67, and Appeal 2018-001367 Application 13/252,640 5 94–97 under 35 U.S.C. § 112, first paragraph, as failing to comply with the written description requirement. Rejection II – Claims 52, 54–57, 59, 60, 62–65, 67, and 94–97 as failing to comply with the enablement requirement In rejecting claims 52, 54–57, 59, 60, 62–65, 67, and 94–97 as failing to comply with the enablement requirement, the Examiner determines that the Specification, “while being enabling for processing a ventilation signal, does not reasonably provide enablement for [the more general term,] a signal indicative of respiration,” similar to the discussion above. Final Act. 6. In particular, after walking through the Wands factors, the Examiner concludes that “the claimed invention does not appear to enable the claimed scope for the claimed processing steps for all types of disparate signals indicative of respiration to function the same as described with the ventilation signal.” Id. at 7. Insofar as the substance of the enablement requirement is concerned, the dispositive issue is whether Appellant’s disclosure, considering the level of ordinary skill in the art as of the date of the application, would have enabled a person of such skill to make and use the claimed invention without undue experimentation. In re Strahilevitz, 668 F.2d 1229, 1232 (CCPA 1982). Some factors to be considered in determining whether a disclosure would require undue experimentation include: (1) the quantity of experimentation necessary, (2) the amount of direction or guidance presented, (3) the presence or absence of working examples, (4) the nature of the invention, (5) the state of the prior art, (6) the relative skill of those in Appeal 2018-001367 Application 13/252,640 6 the art, (7) the predictability or unpredictability of the art, and (8) the breadth of the claims. In re Wands, 858 F.2d 731, 737 (Fed. Cir. 1988). Here, the Examiner’s enablement rejection appears to rely on the same basis as that relied upon in the written description rejection discussed above. Namely, the Examiner determines that the claims lack enablement because “the claimed invention does not appear to enable the claimed scope for the claimed processing steps for all types of disparate signals indicative of respiration to function the same as described with the ventilation signal.” Final Act. 7; see id. at 7–10. As above, however, to the extent that this determination appears to relate to the breadth of the claims, we agree with Appellant that one of ordinary skill in the art would recognize that at least respiration signals and oxygen saturation signals (both types of a signal indicative of respiration) are sufficiently similar that the “same pattern recognition techniques may be applied to both signals,” as also recited in the claims. Appeal Br. 24, citing Spec. ¶ 63 (emphasis omitted). Thus, the Examiner has not adequately explained how the breadth of the “signal indicative of respiration” limitation, so long as such signal would be suitable for the rest of the claim, would relate to undue experimentation. The Examiner does not articulate any findings or analysis to show that a person of ordinary skill in the art would have been unable to make and use the claimed invention without undue experimentation. In other words, we agree with Appellant that the Examiner “has not met the initial burden of presenting a reasonable basis to question the enablement provided for the claimed invention.” Appeal Br. 21. Accordingly, based on the record before us, the Examiner has not met the burden of establishing that claims 52, 54–57, 59, 60, 62–65, 67, and Appeal 2018-001367 Application 13/252,640 7 94–97 lack enablement. On this basis, we do not sustain the rejection of claims 52, 54–57, 59, 60, 62–65, 67, and 94–97 under 35 U.S.C. § 112, first paragraph, as failing to comply with the enablement requirement. Rejection III – Claims 52–57, 59–65, 67, and 84–99 as being directed to patent-ineligible subject matter Under 35 U.S.C. § 101, an invention is patent-eligible if it claims a “new and useful process, machine, manufacture, or composition of matter.” 35 U.S.C. § 101. The Supreme Court, however, has long interpreted § 101 to include an implicit exception: “[l]aws of nature, natural phenomena, and abstract ideas” are not patentable. Alice Corp. v. CLS Bank Int’l, 573 U.S. 208, 216 (2014). The Supreme Court, in Alice, reiterated the two-step framework previously set forth in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. 66 (2012), “for distinguishing patents that claim laws of nature, natural phenomena, and abstract ideas from those that claim patent-eligible applications of those concepts.” Alice, 573 U.S. at 217. The first step in that analysis is to “determine whether the claims at issue are directed to one of those patent-ineligible concepts.” Id. If the claims are not directed to a patent-ineligible concept, e.g., an abstract idea, the inquiry ends. Otherwise, the inquiry proceeds to the second step where the elements of the claims are considered “individually and ‘as an ordered combination’” to determine whether there are additional elements that “‘transform the nature of the claim’ into a patent-eligible application.” Id. (quoting Mayo, 566 U.S. at 79, 78). This is “a search for an ‘inventive concept’ — i.e., an element or combination of elements that is ‘sufficient to ensure that the Appeal 2018-001367 Application 13/252,640 8 patent in practice amounts to significantly more than a patent upon the [ineligible concept] itself.’” Id. at 217–18 (alteration in original). The U.S. Patent and Trademark Office (“USPTO”) published revised guidance on January 7, 2019, for use by USPTO personnel in evaluating subject matter eligibility under 35 U.S.C. § 101. That guidance “extracts and synthesizes key concepts identified by the courts as abstract ideas to explain that the abstract idea exception includes” the following three groupings: (1) mathematical concepts; (2) certain methods of organizing human activity, e.g., fundamental economic principles or practices, commercial or legal interactions; and (3) mental processes. 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52 (Jan. 7, 2019) (the “Revised Guidance”). Under the Revised Guidance, in determining whether a claim is patent-eligible, we first look to whether the claim recites a judicial exception, including one of the enumerated groupings of abstract ideas (“Step 2A, Prong 1”). Id. at 54. If so, we next consider whether the claim includes additional elements, beyond the judicial exception, “that integrate the [judicial] exception into a practical application,” i.e., apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception (“Step 2A, Prong 2”). Id. at 54–55. Only if the 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 “[a]dds a specific limitation or combination of limitations” that is not “well-understood, routine, conventional activity in the field” or simply “appends well-understood, routine, conventional activities Appeal 2018-001367 Application 13/252,640 9 previously known to the industry, specified at a high level of generality, to the judicial exception” (“Step 2B”). Id. at 56. Appellant argues all the pending claims together as a group. See Appeal Br. 4–17; Reply Br. 2–8. We select independent claim 52 as representative. The remaining claims stand or fall with claim 52. See 37 C.F.R. § 41.37(c)(1)(iv). In rejecting the pending claims under 35 U.S.C. § 101, with a focus on representative claim 52, the Examiner determines that the claims are directed to a judicial exception, namely an abstract idea, without significantly more. Final Act. 10–12. The Examiner further determines that the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. See id. Step One of the Mayo/Alice Framework (Revised Guidance, Step 2A, Prong 1) Appellant’s claim 52 recites a method to automatically determine an absence or a presence of Cheyne-Stokes breathing in a person, where the method steps include: (a) “providing a signal indicative of respiration of a person”; (b) “determining a presence of an apnea or an hypopnea from said signal”; then (c) “calculating a maximum increase from multiple increases of said signal of a hyperpnoea,” where a plurality of said maximum increases is determined from a plurality of hyperpnoeas and includes a first maximum increase and a second maximum increase (such that the first maximum increase is from one hyperpnoea and the second maximum increase is from another hyperpnoea); (d) “determining any peak in a frequency spectrum of said signal”; and then (e) “determining the absence of Cheyne-Stokes Appeal 2018-001367 Application 13/252,640 10 breathing based on the first maximum increase” and (f) “determining the presence of Cheyne-Stokes breathing based on a combination of a peak in the frequency spectrum and the second maximum increase.” Appeal Br. 26 (Claims App.). These limitations, when given their broadest reasonable interpretation, recite steps for diagnosing Cheyne-Stokes breathing based on comparative observation of maximum increases in a respiration signal. In particular, step (a) involves insignificant extra-solution activity in the form of data gathering and, although claim 52 recites that steps (b)–(f) are performed by a “processor,” the underlying activities recited in these steps are all acts that could be performed by a human, either mentally or manually, using pen and paper, without the use of a computer or any other machine. By performing these comparative observations in his or her head or using pen and paper, a human could likewise diagnose the presence or absence of Cheyne-Stokes breathing. Simply put, claim 52 recites a concept, including an evaluation or judgment, which can be performed in the human mind, which is a mental process and, therefore, an abstract idea. See Revised Guidance, 84 Fed. Reg. at 52. See also CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1373 (Fed. Cir. 2011) (holding that method steps that can be performed in the human mind, or by a human using a pen and paper, are unpatentable mental processes). Step One of the Mayo/Alice Framework (Revised Guidance, Step 2A, Prong 2) Having concluded that claim 52 recites a judicial exception, i.e., an abstract idea (Step 2A, Prong 1), we next consider whether the claim recites Appeal 2018-001367 Application 13/252,640 11 “additional elements that integrate the exception into a practical application” (Step 2A, Prong 2). Beyond the abstract idea, claim 52 additionally recites a “sensor” and a “processor.” Appeal Br. 26 (Claims App.). Appellant ostensibly maintains that claim 52 is not directed to an abstract idea due to these additional elements. Yet, to the extent Appellant maintains that claim 52 is patent-eligible because the claim recites the use of a data-gathering sensor or a computer processor, we note that the Court in Alice expressly rejected a substantially similar argument. The claims in Alice “require[d] the use of a computer to create electronic records, track multiple transactions, and issue simultaneous instructions; in other words, ‘[t]he computer [was] itself the intermediary.”’ Alice, 573 U.S. at 224. Still, the Court held that the use of a computer did not render the claims patent-eligible. See id. at 223 (holding “the mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention”). Here, Appellant’s claim 52 recites a “sensor” for gathering data and a “processor” for making determinations based on comparative observations. But these elements are described in the Specification at a high level of generality, i.e., as generic computer components. We find no indication in the Specification, nor does Appellant direct us to any indication, that these additional elements implement the abstract idea with specialized computer hardware or other inventive computer components, i.e., a particular machine, or that the claimed invention is implemented using other than generic computer components to perform generic computer functions. And “after Alice, there can remain no doubt: recitation of generic computer limitations Appeal 2018-001367 Application 13/252,640 12 does not make an otherwise ineligible claim patent-eligible.” DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1256 (Fed. Cir. 2014). We also find no indication in the Specification that the claimed invention effects a transformation or reduction of a particular article to a different state or thing. Nor do we find anything of record that attributes an improvement in technology and/or a technical field to the claimed invention or that otherwise indicates that the claimed invention integrates the abstract idea into a “practical application,” as that phrase is used in the Revised Guidance.2 Here, claim 52 does not recite a specific set of rules that would result in an improvement to technology analogous to the claims in McRO, Inc. v. Bandai Namco Games America Inc., 837 F.3d 1299 (Fed. Cir. 2016). Instead, claim 52 recites results-based rules for each of steps (b) through (f), without providing sufficient technological details for how to achieve the desired results. See Intellectual Ventures I LLC v. Capital One Fin. Corp., 850 F.3d 1332, 1342 (Fed. Cir. 2017) (explaining that “[o]ur law demands more” than claim language that “provides only a result-oriented solution, with insufficient detail for how a computer accomplishes it”). Further, Appellant does not identify, and we do not find, any portion of the 2 The Revised Guidance references MPEP § 2106.05(a)–(c) and (e) in describing the considerations that are indicative that an additional element or combination of elements integrates the judicial exception, e.g., the abstract idea, into a practical application. Revised Guidance, 84 Fed. Reg. at 55. If the recited judicial exception is integrated into a practical application, as determined under one or more of these MPEP sections, the claim is not “directed to” the judicial exception. Appeal 2018-001367 Application 13/252,640 13 Specification that describes a particular manner of determining a protocol or otherwise indicates an improvement to technology. We do not see any parallel between the rules described in McRO that result in an improvement to technology in 3-D animation techniques, and the result-based, functional steps recited in Appellant’s claim 52. Claim 52 may well result in an improvement in diagnosing Cheyne-Stokes breathing, i.e., a mental process that is the abstract idea itself. However, the additional limitations in Appellant’s claim 52 do no more than implement the abstract idea with generic computer components. Finally, we are not persuaded of Examiner error by Appellant’s argument regarding preemption. There is no dispute that the Supreme Court has described “the concern that drives [the exclusion of abstract ideas from patent-eligible subject matter] as one of pre-emption.” Alice, 573 U.S. at 216. “The Supreme Court has made clear that the principle of preemption is the basis for the judicial exceptions to patentability” and “[f]or this reason, questions on preemption are inherent in and resolved by the § 101 analysis.” Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371, 1379 (Fed. Cir. 2015) (citing Alice, 573 U.S. at 216). “[P]reemption may signal patent ineligible subject matter [but] the absence of complete preemption does not demonstrate patent eligibility.” Id. We find nothing of record, short of attorney argument, that attributes an improvement in technology and/or a technical field to the claimed invention or that otherwise indicates that the claimed invention integrates the abstract idea into a “practical application,” as that phrase is used in the Revised Guidance. See Revised Guidance, 84 Fed. Reg. at 55. At most, the additional elements recited in claim 52, considered individually and as an Appeal 2018-001367 Application 13/252,640 14 ordered combination, do no more than generally link the use of the abstract idea to a particular technological environment or field of use involving diagnosing Cheyne-Stokes breathing. Inventive Concept: Step Two of the Mayo/Alice Framework Step 2B of the Revised Guidance Having determined under the first step of the Mayo/Alice framework that claim 52 is directed to an abstract idea, we next consider under Step 2B of the 2019 Revised Guidance, the second step of the Mayo/Alice framework, whether claim 52 includes additional elements or a combination of elements that provides an “inventive concept,” i.e., whether the additional elements amount to “significantly more” than the judicial exception itself. Revised Guidance, 84 Fed. Reg. at 56. As described above, the only claim elements beyond the abstract idea are the recited “sensor” and “processor.” However, these are no more than the inclusion of generic computer components to “apply” the abstract idea. Appellant cannot reasonably contend that there is a genuine issue of material fact regarding whether the operation of these generic computer components is well-understood, routine, or conventional, where, as here, there is nothing in the Specification to indicate that the operations recited in claim 52 require any specialized hardware or inventive computer components, or that the claimed invention is implemented using other than generic computer components to perform generic computer functions, e.g., receiving and processing information. Indeed, the Federal Circuit, in accordance with Alice, has “repeatedly recognized the absence of a genuine dispute as to eligibility” where claims have been defended as involving an inventive Appeal 2018-001367 Application 13/252,640 15 concept based “merely on the idea of using existing computers or the Internet to carry out conventional processes, with no alteration of computer functionality.” Berkheimer v. HP Inc., 890 F.3d 1369, 1373 (Fed. Cir. 2018) (Moore, J., concurring) (internal citations omitted); see also BSG Tech LLC v. Buyseasons, Inc., 899 F.3d 1281, 1291 (Fed. Cir. 2018). Appellant asserts that the limitations recited in claim 52, considered as an ordered combination, improve the functioning of processors in respiratory event detection devices. See Appeal Br. 16. But the limitations identified by Appellant, even if novel and non-obvious, recite no elements beyond the abstract idea. Although the second step in the Mayo/Alice framework is termed a search for an “inventive concept,” the analysis is not an evaluation of novelty or non-obviousness, but rather, a search for “an element or combination of elements that is ‘sufficient to ensure that the patent in practice amounts to significantly more than a patent upon the [ineligible concept] itself.’” Alice, 573 U.S. at 217–18 (alteration in original). A novel and non-obvious claim directed to a purely abstract idea is, nonetheless, patent-ineligible. See Mayo, 566 U.S. at 90. Here, Appellant has not identified, and we do not find, any additional elements recited in claim 52 that, individually or in combination, provide significantly more than the abstract idea. Instead, the additional elements recite generic computer components for executing the abstract idea. Upon consideration of claim 52 in light of the 2019 Revised Guidance, we are not persuaded, on the present record, that the Examiner erred in rejecting independent claim 52 under 35 U.S.C. § 101. Therefore, we sustain the Examiner’s rejection of claim 52, and of claims 53–57, 59–65, 67, and 84–99, which fall with claim 52. Appeal 2018-001367 Application 13/252,640 16 DECISION We REVERSE the Examiner’s decision rejecting claims 52, 54–57, 59, 60, 62–65, 67, and 94–97 under 35 U.S.C. § 112, first paragraph, as failing to comply with the written description requirement. We REVERSE the Examiner’s decision rejecting claims 52, 54–57, 59, 60, 62–65, 67, and 94–97 under 35 U.S.C. § 112, first paragraph, as failing to comply with the enablement requirement. We AFFIRM the Examiner’s decision rejecting claims 52–57, 59–65, 67, and 84–99 under 35 U.S.C. § 101 as being directed to patent-ineligible subject matter. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv). CONCLUSION In summary: Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 52, 54–57, 59, 60, 62–65, 67, 94–97 112 ¶ 1 Written Description 52, 54–57, 59, 60, 62–65, 67, 94–97 52, 54–57, 59, 60, 62–65, 67, 94–97 112 ¶ 1 Enablement 52, 54–57, 59, 60, 62–65, 67, 94–97 Appeal 2018-001367 Application 13/252,640 17 Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 52–57, 59–65, 67, 84–99 101 Eligibility 52–57, 59–65, 67, 84–99 Overall Outcome 52–57, 59–65, 67, 84–99 AFFIRMED Copy with citationCopy as parenthetical citation