Quadracci, Leonard Jon.Download PDFPatent Trials and Appeals BoardOct 30, 201913359217 - (D) (P.T.A.B. Oct. 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. 13/359,217 01/26/2012 Leonard Jon Quadracci 11-0765-US-CIP 2779 63759 7590 10/30/2019 DUKE W. YEE YEE & ASSOCIATES, P.C. P.O. BOX 190809 DALLAS, TX 75219 EXAMINER GLASS, RUSSELL S ART UNIT PAPER NUMBER 3627 NOTIFICATION DATE DELIVERY MODE 10/30/2019 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): patentadmin@boeing.com ptonotifs@yeeiplaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ________________ Ex parte LEONARD JON QUADRACCI ________________ Appeal 2018-007769 Application 13/359,217 Technology Center 3600 ________________ Before BARBARA A. BENOIT, ADAM J. PYONIN, and RUSSELL E. CASS, Administrative Patent Judges. CASS, Administrative Patent Judge. DECISION ON APPEAL Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s final rejection of claims 1–19 under 35 U.S.C. § 101 and 35 U.S.C. § 103. Appeal Br. 5, 18, 28, 32.2 Claims 1–19 constitute all the claims pending in this Application. We have jurisdiction under 35 U.S.C. § 6(b). We reverse. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies the real party in interest as The Boeing Company of Chicago, Illinois. Appeal Brief filed March 9, 2018 (“Appeal Br.”) 2. 2 Rather than repeat the Examiner’s positions and Appellant’s arguments in their entirety, we refer to the above mentioned Appeal Brief, as well as the following documents for their respective details: the Final Action mailed December 29, 2017 (“Final Act.”) and the Examiner’s Answer mailed May 23, 2018 (“Ans.”), and the Reply Brief filed July 23, 2018 (“Reply Br.”). Appeal 2018-007769 Application 13/359,217 2 BACKGROUND The present invention relates to a system and method for managing complex or large projects using an associative memory. Spec. ¶ 2. As the Specification explains, information for projects may be stored as data entities in an associative memory. Id. ¶¶ 34; 45. The data entities may be stored in the memory in association with data entities of the same particular type. Id. ¶ 50. For example, types may include project entities, task entities, and deliverable entities, and the data entities may include, for example, a particular project, a task for the project, or a deliverable produced by a project. Id. ¶¶ 82–84. A data entity may also include attribute types including name, material, descriptor, specification, associated entities in project entities, and associated entities in task entities. Id. ¶ 87. The attributes relating to associated project entities and associated task entities may include links to the actual data entities in the associative memory. Id. ¶ 91. Appellant’s system can receive project information as free text, and parse the free text into types of data entities. Id. ¶ 127. These data entities may be stored in the associative memory, and criteria may be identified that are used to group the data entities into a number of clusters. Id. ¶¶ 128–129. A user can query the associative memory by entering search terms related to a particular area of interest and, based on these terms, the associative memory can generate a list of projects relating to the particular area of interest. Id. ¶¶ 154–160. According to the Specification, Appellant’s invention leverages associative memory technology to rapidly evaluate large volumes of data in multiple formats to identify and group or “cluster” similar projects. Id. ¶ 112. The Specification describes an embodiment in Appeal 2018-007769 Application 13/359,217 3 which the project is the manufacturing of an aircraft having a new design, or the inspection of a mechanical system. Id. ¶ 38. Claim 1 is illustrative of the claims at issue: 1. A method for manufacturing, the method comprising: storing the information for the projects as data entities in an associative memory; wherein the associative memory includes a plurality of data having a plurality of associations in which the data entities are included in the plurality of data; wherein the associative memory further includes a content-addressable structure; and wherein the associative memory is configured to be queried based on at least one relationship selected from a group that includes direct relationships and indirect relationships among the plurality of data; grouping the data entities stored in the associative memory to form a number of clusters; using the number of clusters in a project selected from the group consisting of: manufacturing an aircraft and performing maintenance on an aircraft. Appeal Br. 34 (Claims Appendix). ELIGIBILITY I. SECTION 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. However, the Supreme Court has long interpreted 35 U.S.C. § 101 to include implicit exceptions: “[l]aws of nature, natural phenomena, and abstract Appeal 2018-007769 Application 13/359,217 4 ideas” are not patentable. Alice Corp. v. CLS Bank Int’l, 573 U.S. 208, 216 (2014). In determining whether a claim falls within an excluded category, we are guided by the Supreme Court’s two-step framework, described in Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66 (2012), and Alice. Alice, 573 U.S. at 217–18 (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, 573 U.S. 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, 67 (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 183 n.7 (quoting Corning v. Burden, 56 U.S. 252, 267–68 (1853))); 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 that “[a] claim drawn to subject matter otherwise statutory does not become nonstatutory simply because it uses a Appeal 2018-007769 Application 13/359,217 5 mathematical formula.” Diehr, 450 U.S. at 176; see also id. at 191 (“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 (citation 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. (alterations in original) (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. II. USPTO SECTION 101 GUIDANCE The United States Patent and Trademark Office (“USPTO”) recently published revised guidance on the application of § 101. USPTO, 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50 Appeal 2018-007769 Application 13/359,217 6 (Jan. 7, 2019) (“2019 Guidance”). Under the 2019 Guidance, we first look to whether the claim recites the following: (1) any judicial exceptions, including certain groupings of abstract ideas (i.e., mathematical concepts, certain methods of organizing human activities such as a fundamental economic practice, or mental processes) (referred to as Step 2A, prong 1 in the Guidance); and (2) additional elements that integrate the judicial exception into a practical application (see MPEP §§ 2106.05(a)–(c), (e)–(h)) (referred to as Step 2A, prong 2 in the Guidance). See 2019 Guidance, 84 Fed. Reg. at 52–55. Only if a claim (1) recites a judicial exception and (2) does not integrate that exception into a practical application, do we then move to Step 2B of the Guidance and look to whether the claim: (3) adds a specific limitation beyond the judicial exception that is 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. See 2019 Guidance, 84 Fed. Reg. at 56. ANALYSIS I. THE SECTION 101 REJECTION A. The Examiner’s Rejection and Appellant’s Contentions In the Final Office Action, the Examiner rejects claims 1–19 under 35 U.S.C. § 101. Final Act. 2. The Examiner determines that the claims are Appeal 2018-007769 Application 13/359,217 7 “directed to the abstract idea of organizing the data in the associative memory according to the content and relationships, and then grouping the data in the associative memory to form clusters.” Id. According to the Examiner, “[t]his is an idea in and of itself, such as organizing information through mathematical correlations, which has been found to be an abstract idea,” citing Digitech Image Tech., LLC v. Electronics for Imaging, Inc., 758 F.3d 1344 (Fed. Cir. 2014). Final Act. 2. The Examiner also determines that “the abstract idea can be characterized as a certain method of organizing human activity, such as generating rule-based tasks,” citing Accenture Global Services, GMBH v. Guidewire Software, Inc., 728 F.3d 1336 (Fed. Cir. 2013), and also as “customizing data based on known information,” citing Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363 (Fed. Cir. 2015). Final Act. 2. Next, the Examiner finds that “[t]he additional element(s) or combination of elements in the claim(s) other than the abstract idea per se, i.e. associative memory, content addressable structure, clusters, project manager, project analyzer, project management system, amount(s) to no more than implementing the abstract idea on a generic computer system.” Final Act. 2. “Viewed as a whole,” the Examiner concludes, “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) amounts to significantly more than the abstract idea itself.” Id. at 2–3. Appellant responds that, inter alia, the claimed use of an associative memory is not a method of organizing human activity, but rather involves clustering data in a content-addressable memory, which is something that Appeal 2018-007769 Application 13/359,217 8 only an associative memory can perform. Appeal Br. 10. According to Appellant, grouping the data entities to form clusters, as claimed, is a specific computer activity. Id. at 17. Appellant further contends that the claims in the instant case are directed to a physical process of using the clusters in an associative memory in the manufacturing and performance of aircraft. Id. at 6–8. Finally, Appellant asserts that the claimed use of an associative memory was not well-understood, routine, or conventional. Id. at 17–18; Reply Br. 4. B. Analysis under Step 2A, Prong 1, of the 2019 Guidance Under Step 2A, Prong 1, of the 2019 Guidance, we first must determine whether any judicial exception to patent eligibility is recited in the claim. The 2019 Guidance identifies three judicially excepted groupings: (1) mathematical concepts, (2) certain methods of organizing human activity such as fundamental economic practices, and (3) mental processes. 2019 Guidance, 84 Fed. Reg. at 52–53. We agree with the Examiner that claim 1 recites the judicial exception of one of the certain methods of organizing human activity. Based on existing Supreme Court and Federal Circuit precedent, the 2019 Guidance has identified “methods of organizing human activity” that may constitute a judicially excepted grouping as including “fundamental economic principles or practices (including hedging, insurance, and mitigating risk), commercial or legal interactions (including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations), and managing personal behavior or relationships or interactions between people (including social Appeal 2018-007769 Application 13/359,217 9 activities, teaching, and following rules or instructions).” See 2019 Guidance, 84 Fed. Reg. at 52. We agree with the Examiner that claim 1 recites one of the certain methods of organizing human activity under the 2019 Guidance and the relevant caselaw. See 2019 Guidance 84 Fed. Reg. at 52 & n.13 (citing cases). Claim 1 includes the limitations of “storing the information for the projects as data entities,” “grouping the data entities” and using the grouped data “in a project.” These steps describe basic aspects of project management, and are “following rules or instructions.” See 2019 Guidance 84 Fed. Reg. at 52. Thus, these steps involve managing interactions between people, specifically the individuals involved in carrying out and overseeing the project. These steps, therefore, qualify as one of the certain methods of organizing human activity. See 2019 Guidance 84 Fed. Reg. at 52. For these reasons, we agree with the Examiner that claim 1 recites a judicial exception to patent-eligibility under 35 U.S.C. § 101. C. Analysis under Step 2A, Prong 2, of the 2019 Guidance Having determined that claim 1 recites a judicial exception, we next turn to whether the claim recites “additional elements that integrate the [judicial] exception into a practical application.” See 2019 Guidance, 84 Fed. Reg. at 54; MPEP §§ 2106.05(a)–(c), (e)–(h). As the 2019 Guidance explains, “[a] claim that integrates a judicial exception into a practical application will 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.” 2019 Guidance, 84 Fed. Reg. at 53. In the context of Step 2A, an additional element may have integrated the exception into a practical Appeal 2018-007769 Application 13/359,217 10 application if it “reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field” or uses the exception “in conjunction with a particular machine or manufacture that is integral to the claim.” Id. at 55 (citing DDR Holdings, LLC. v. Hotels.com, L.P., 773 F.3d 1245, 1258–59 (Fed. Cir. 2014) and Eibel Process Co. v. Minnesota & Ontario Paper Co., 261 U.S. 45, 64–65 (1923)). On the other hand, a judicial exception has not been integrated into a practical application where it “merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea.” 2019 Guidance, 84 Fed. Reg. at 55 (citing Benson, 409 U.S. 63). Here, claim 1 recites additional elements involving computer technology that integrate the judicial exception into a practical application. Claim 1 recites the use of an “associative memory” that “includes a content- addressable structure” and stores data entities “having a plurality of associations.” Appeal Br. 34 (Claims Appendix). The “associative memory” is also “configured to be queried based on at least one relationship selected from a group that includes direct relationships among the plurality of data.” Id. And, claim 1 further requires that “the data entities stored in the associative memory” are grouped “to form a number of clusters.” Id. The Specification explains that the claimed technology improves over “currently available manual or automated tools,” such as “relational database manipulation tools.” Spec. ¶ 123. Such existing tools, the Specification explains, “may find keywords,” but “the perspective may be that of the relational database designer, not the entity that relates to the current problem.” Id. Relational databases also “may not account for all of the entities that reside in the free text and may fail to understand those Appeal 2018-007769 Application 13/359,217 11 characteristics that make projects uniquely similar and not similar because they have the same terms.” Id. By contrast, the Specification explains, the claimed invention’s use of associative memory, data entities, associations, and clustering, allows the system to “handle[] unstructured, ambiguous, free text data by breaking the text down into recognizable and comparable units, without limiting any data,” thereby allowing the user to “discover[] highly similar research and development projects.” Id. at 121–122. Thus, we are persuaded that the claimed invention reflects an improvement in the functioning of a computer as compared to the use of traditional relational databases and related tools. Consequently, we find that the additional limitations of claim 1 relating to the use of the associative memory integrate the judicial exception into a practical application, and that the Examiner erred in rejecting claim 1 as being directed to patent-ineligible subject matter. We, therefore, reverse the rejection of claim 1, as well as the rejection of apparatus claim 14, which includes similar limitations. We also sustain the rejection of claims 2–13 and 15–19, which are dependent on claim 1 or claim 14. II. THE SECTION 103 REJECTION BASED ON ROSSI In the Final Office Action, the Examiner rejected claim 1 as unpatentable over Rossi (US 2006/0069694 A1; published Mar. 30, 2006) in view of Kim (US 2005/0209767 A1; published Sept. 22, 2005). The Examiner determines, inter alia, that Rossi discloses an associative memory in paragraph 31, and discloses in paragraph 22 “grouping data by a tree- structure, two or more dimensions or indices, rows, columns or cubes,” which “can be considered to be clusters as claimed” in claim 1. Ans. 9. See Appeal 2018-007769 Application 13/359,217 12 Final Act. 3. The Examiner relies on Kim as teaching “a method of diagnosing a turbine engine using data clusters.” Final Act. 3. Appellant argues, inter alia, that “Rossi does not actually disclose manipulating entities in an associative memory as claimed,” including “grouping the data entities stored in the associative memory to form a number of clusters.” Appeal Br. 20–21. We agree with Appellant. To begin with, Rossi is not directed to disclosing the manipulating of data in an associative memory, but rather is directed to a user interface for displaying database information, particularly for small screen devices, by determining what information from a database (of any kind) should be shown on the display. Rossi ¶¶ 5–8, Title, Abstract. The portion of Rossi upon which the Examiner relies to disclose an “associative memory,” paragraph 31, merely mentions the term “associative memory” in passing: The database 100, query engine 314, and user component 310 of FIG. 3 may reside on the same computer system. Alternatively, the database 100 may reside on a separate computer system accessed by the user component. To decrease response time and/or function in an unlinked environment, all or a portion of the database may be downloaded to the computer system of the user component, such as to associative memory. The user component may down load all or a portion of the database from time to time, such as opportunistically, to update the local database and allow access to data. Rossi ¶ 31 (emphasis added). This paragraph does not provide any information about the recited aspects of the “associative memory,” including how data is stored in the memory or how the memory is queried. For example, it does not state that the memory is “content-addressable” or that it “is configured to be queried based on” direct and indirect relationships Appeal 2018-007769 Application 13/359,217 13 between the data stored in the memory, as required by claim 1. Indeed, it is not clear from paragraph 31 whether the term “associative memory” in Rossi is being used to refer to the same type of memory structure that is described as an “associative memory” in claim 1. We note Rossi frequently describes data as being “associated” with other data. See, e.g., Rossi, Abstract. Paragraph 22 of Rossi, which the Examiner relies on to teach “grouping data entities stored in the associative memory to form a number of clusters,” states as follows: Databases may associate one or more records with other records. For example, a hierarchical data store may associate records in groups in such a way that their relationships form a branching, tree-like structure. In another example, a multi- dimensional database may be organized by two or more dimensions or indices. With two dimensions, the data may be structured as an array with rows and columns. With three or more dimensions, the multi-dimensional data may be structured as a cube in which each dimension, or group of dimensions, forms an edge of the cube. Accordingly, an index or dimension represents a perspective of the contents of a database. Moreover, a hierarchy may be associated with a dimension of a database. Dimensions may act as indices for identifying a particular data item or range of data items within a database. Rossi ¶ 22. We agree with Appellant that, even if these different groups of records could be considered “clusters,” paragraph 22 does not teach using such groups of records in an associative memory with a content-addressable structure, as claimed in claim 1. See Appeal Br. 21–22; Reply Br. 5. Paragraph 22 mentions “tree-like structures” and “multi-dimensional databases,” but the Examiner has not pointed to a teaching or suggestion in Rossi that these databases or structures could be implemented as an Appeal 2018-007769 Application 13/359,217 14 associative memory with a content-addressable structure. Thus, the Examiner has not established that paragraphs 22 and 31 of Rossi teach grouping of data entities stored in an associative memory with a content addressable structure to form a number of clusters, as claim 1 requires. The Examiner also does not rely on Kim for this disclosure. See Final Act. 3; Ans. 9. Accordingly, we reverse the Examiner’s rejection of claim 1 under Section 103 based on Rossi and Kim, and also reverse the rejection of independent apparatus claim 14, which includes similar limitations. We further reverse the rejection of claims 2–13 and 15–19, which are dependent on claim 1 or 14. III. THE SECTION 103 REJECTION BASED ON MOTOYAMA In the Final Office Action, the Examiner also rejected claim 13 as unpatentable over Motoyama (US 2008/0229313 A1; published Sept. 18, 2008) in view of Ciacciarelli (US 2005/0240458 A1; published Oct. 27, 2005) and Kim. The Examiner determines, inter alia, that Motoyama’s disclosure of databases 506 and 536 corresponds to storing project information as data entities in an associative memory as claimed. Final Act. 6–7. The Examiner also determines that Ciacciarelli discloses methods for project management in which “[p]resentation of information may be performed in responses to queries or according to a predetermined schedule.” Id. at 8. The Examiner further determines that grouping entities in a database to form clusters “is a conventional technical means in data 3 We note claim 1 stands rejected under two separate prior art grounds. Appeal 2018-007769 Application 13/359,217 15 mining” and that Kim discloses using the technologies disclosed in the other references in manufacturing and maintaining aircraft. Id. at 8–9. Appellant argues that none of the cited reference discloses an associative memory with a content-addressable structure as claimed in claim 1. Appeal Br. 31; Reply Br. 6. We agree with Appellant. Motoyama includes the following disclosure about databases 506 and 536, which the Examiner relies on to teach the claimed “associative memory”: Databases 506, 536 depict typical databases for storing data 508, 538 related to the development project, thus providing access to the information by authorized individuals at workstations 501, 502, through queries transmitted over the network 500. The type of data stored on databases 506, 536 is effectively limitless, wherein non-limiting examples include project initiation forms, member and project task schedules, specifications, software code, inspection reports, web page files, and document directories and indexes. Motoyama ¶ 73. The Examiner points to no disclosure in Motoyama that databases 506 and 536 are an “associative memory,” or that they have a “content-addressable structure” as required by claim 1. Motoyama merely discloses that databases 506 and 536 are “typical databases for storing data” relating to a development project, and that the “type of data stored” in these databases “is effectively limitless.” Motoyama ¶ 73. Nor does the Examiner point to any other structure that in Motoyama that would correspond to the claimed “associative memory.” The Examiner also does not point to any disclosure of the claimed “associative memory” in Ciacciarelli or Kim. Because none of the cited references disclose the use of an associative memory as claimed in claim 1, we agree with Appellant that the Examiner Appeal 2018-007769 Application 13/359,217 16 has failed to sufficiently establish that claim 1 is obvious over Motoyama, Ciacciarelli and Kim. The Examiner also rejects claims 2–19 over Motoyama, Ciacciarelli and Kim, and further in view of Rossi. Final Act. 9–12. Appellant argues that the Examiner’s rejection here is deficient for the same reasons as claim 1 and because the Examiner did not properly compare Rossi to the claims. Appeal Br. 32–33. We agree with Appellant that the Examiner has not established the unpatentability of independent claim 14. As discussed above in connection with the Examiner’s first 103 rejection based on Rossi, Rossi does not disclose manipulating entities in an associative memory as claimed, including grouping the data entities stored in the associative memory to form a number of clusters, as disclosed by independent claims 1 and 14. See Rossi ¶¶ 22, 31. In this rejection, the Examiner also cites to additional portions of Rossi, but does not explain how they disclose grouping data entities in an associative memory to form clusters, which is required by all of the claims, and our review of those portions of Rossi does not reveal such a disclosure. See Final Act. 9–12 (citing Rossi ¶¶ 28, 29, 32, 37, 38, Fig. 8). Therefore, we reverse the Examiner’s Section 103 rejection of claim 14 over Motoyama, Ciacciarelli, Kim, and Rossi. We also reverse the Examiner’s Section 103 rejection of claims 2–13 and 15–19, which are dependent on claims 1 or 14. CONCLUSION We reverse the Examiner’s rejections of claims 1–19 under 35 U.S.C. § 101 and under 35 U.S.C. § 103. Appeal 2018-007769 Application 13/359,217 17 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). In summary: Claims Rejected Basis Affirmed Reversed 1–19 § 101 1–19 1–19 § 103 Rossi, Kim 1–19 1 § 103 Motoyama, Ciacciarelli, Kim 1 2–19 § 103 Motoyama, Ciacciarelli, Kim, Rossi 2–19 Overall Outcome 1–19 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). REVERSED Copy with citationCopy as parenthetical citation