laim does not seek to foreclose a broad swath of using AI because it is a “specific application to a particular technological field.”At bottom, the Guidance achieves the overall goal of President Biden’s AI executive order by showing that the United States is receptive to finding ways to allow those that invest in AI to protect their investments through patent protection, by providing clarity that 35 U.S.C. § 101 will not present barriers to AI greater than other technologies. The Guidance, however, remains ambiguous as to how specific AI claims will fare. At best, examiners and practitioners can compare proposed claims to the three examples provided by this Guidance and the cases recited in the Guidance, but the breadth that the United States will provide to AI claims remains in the hands of the US judiciary, unless Congress acts to revise the requirements of 35 U.S.C. §101 as they pertain to AI.1 USPTO issues AI subject matter eligibility guidance, 89 Fed. Reg. 58128 (July 17 2024)2 89 Fed. Reg. 58138 (July 17, 2024)3 89 Fed. Reg. 58134 (July 17, 2024)4 89 Fed. Reg. 58133 (July 17, 2024)5 89 Fed. Reg. 58134 (July 17, 2024)6 89 Fed. Reg. 58136 (July 17, 2024)7 89 Fed. Reg. 58137 (July 17, 2024)8 89 Fed. Reg. 58137 (July 17, 2024)[View source.]