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RPG Patents?

I have to say, the loose definition of "correlates" seems to make this too abstract. While there are concrete examples in the diagrams, the patent seems to be too fuzzy because of the loose definition.

Is the looseness allowed? Can a patent cover characteristic transformation based on any correlates?

Also, the application seems to be a specific case of data transformation. For example, what one would do to migrate data between database schemas. From that point of view, the process is hardly novel (although this specific application is recognizably valuable).

There might be more meat in the examples, which show more specific cases.

Thx!

TomB
 

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The examiner at the USPTO does appear to have a pretty good grasp of the field, based on my reading of the documents (all of which are publicly available, BTW.) The lengthy, detailed reports by the examiner combined with the rather short, vague responses by the agent which really do not, to me, appear to be arguing against the major novelty objection, but rather appear to be looking for a minor detail that will all of a sudden change the examiners entire point of view tells me, based on my experience examining patent applications (in a different field) in Canada that this application is pretty much dead in the water.
 

I have to say, the loose definition of "correlates" seems to make this too abstract. While there are concrete examples in the diagrams, the patent seems to be too fuzzy because of the loose definition.

Is the looseness allowed? Can a patent cover characteristic transformation based on any correlates?

Also, the application seems to be a specific case of data transformation. For example, what one would do to migrate data between database schemas. From that point of view, the process is hardly novel (although this specific application is recognizably valuable).

There might be more meat in the examples, which show more specific cases.

Thx!

TomB

By law and precedent, the patent office, when interpreting the claims, must read them in the broadest way reasonably possible, whether it was intended by the applicant or not. If you look through the prosecution history, the initial set of claims could have been read to also encompass (IIRC, and I am too lazy to go back into PAIR to find out) wireless transmission of radio waves over the air.

Edit to add: To put it in different terms, the claims, and only the claims, are used to determine the scope of protection which is being claimed/asked for. While the description may be used to help define terms, it may not be used to restrict the scope of the claims. /edit

Very, very poor wording by the agent.
 
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Here is the core of the opinion (from the Syllabus):

Held: Because the claims are drawn to a patent-ineligible abstract idea, they are not patent eligible under §101. Pp. 5-17.

(a)
The Court has long held that §101, which defines the subject matter eligible for patent protection, contains an implicit exception for '[l]aws of nature, natural phenomena, and abstract ideas.' -- Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U. S. ___, ___. In applying the §101 exception, this Court must distinguishpatents that claim the buildin[g] block’ -- of human ingenuity, which are ineligible for patent protection, from those that integrate Services v. Prometheus Laboratories, Inc., 566 U. S. ___, ___, thereby transform[ing]-- them into a patent-eligible invention, id., at ___. Pp. 5-6.

(b)
Using this framework, the Court must first determine whether the claims at issue are directed to a patent-ineligible concept. 566
U.S., at ___. If so, the Court then asks whether the claim’s elements, considered both individually and as an ordered combination,-- “transform the nature of the claim-- into a patent-eligible application. Id., at ___. Pp. 7-17.

(1)
The claims at issue are directed to a patent-ineligible concept: the abstract idea of intermediated settlement. Under the longstanding rule that [a]n idea of itself is not patentable,’ --

[Case references omitted]

Thus, intermediated settlement, like hedging, is an abstract idea-- beyond §101’s scope. Pp. 7-10.

(2)
Turning to the second step of Mayo’s framework: The method claims, which merely require generic computer implementation, fail to transform that abstract idea into a patent-eligible invention. Pp. 10-16.

(i)
Simply appending conventional steps, specified at a high level of generality,-- to a method already well known in the art-- is not enough-- to supply the inventive concept’ -- needed to make this transformation. Mayo, supra, at ___, ___. The introduction of a computer into the claims does not alter the analysis. Neither stating an abstract idea while adding the words apply it,’ -- Mayo, supra, at ___, nor limiting the use of an abstract idea to a particular technological environment,’ -- Bilski, supra, at 610-611, is enough for patent eligibility. Stating an abstract idea while adding the words apply it witha computer-- simply combines those two steps, with the same deficientresult. Wholly generic computer implementation is not generally the sort of additional featur[e] that provides any practical assurance that the process is more than a drafting effort designed to monopolizethe [abstract idea] itself. Mayo, supra, at ___. Pp. 11-14.

(ii)
Here, the representative method claim does no more than simply instruct the practitioner to implement the abstract idea of intermediated settlement on a generic computer. Taking the claim elements separately, the function performed by the computer at each step creating and maintaining shadow accounts, obtaining data,adjusting account balances, and issuing automated instructions is [p]urely conventional. ’ Mayo, 566 U. S., at ___. Considered as an ordered combination, these computer components ad[d] nothing . . . that is not already present when the steps are considered separately. Id., at ___. Viewed as a whole, these method claims simply recitethe concept of intermediated settlement as performed by a generic computer. They do not, for example, purport to improve the functioning of the computer itself or effect an improvement in any other technology or technical field. An instruction to apply the abstract idea ofintermediated settlement using some unspecified, generic computer is not enough to transform the abstract idea into a patent-eligible invention. Id., at ___. Pp. 14-16.

(3)
Because petitioner’s system and media claims add nothing of substance to the underlying abstract idea, they too are patent ineligible under §101.

Thx!

TomB
 

Yes. In other words, generic plans of the form, "do this thing that is already done, or is obvious, but do it with a computer!" are not patent-able.

There must be implementation specifics that do something that isn't obvious, or yield results you wouldn't get with already known processes, for you to patent them.
 

The opinion seems simple enough.

Although, there is some incoherence:

That is, in one place, the opinion references abstract ideas:

"abstract idea of intermediated settlement"

While in another to a "method already 'well known in the art'":

“Simply appending conventional steps, specified at a high level of generality,” to a method already “well known in the art” is not“enough” to supply the “ ‘inventive concept’ ” needed to make this transformation.

Which is it? An abstract idea, or one which is well known? In this case, both do seem to apply, but the different terms and the lack of clear ties lends confusion to the opinion.

Thx!

TomB
 

They are slipping back and forth between terms of art in Patent prosecution.

Something that is known in the art is something that is well known in the field in question and does not need any definition or explanation. From my reading of the decision, the technique that was used had been in use for a long time, and was well-used by many banks and other financial institutions.

The abstract idea, in patent language, means that there is no concrete, physical result obtained. Patents are to be granted for things that produce a physical result. In this case, there is no physical result, it is just a theoretical way of shifting money from one company to another. It could easily be done by hand (although much slower). Adding a computer does not make it any more new or inventive, rather it only makes it faster.
 

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