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Question:
Give an example of a claim that does not recite mental processes because it cannot be practically performed in the human mind.
Answer:
Examples of claims that do not recite mental processes because they cannot be practically performed in the human mind include:
- a claim to a method for calculating an absolute position of a GPS receiver and an absolute time of reception of satellite signals, where the claimed GPS receiver calculated pseudoranges that estimated the distance from the GPS receiver to a plurality of satellites, SiRF Tech;
- a claim to detecting suspicious activity by using network monitors and analyzing network packets, SRI Int’l;
- a claim to a specific data encryption method for computer communication involving a several-step manipulation of data, Synopsys; and
- a claim to a method for rendering a halftone image of a digital image by comparing, pixel by pixel, the digital image against a blue noise mask, where the method required the manipulation of computer data structures (eg. the pixels of a digital image and a two-dimensional array known as a mask) and the output of a modified computer data structure (a halftoned digital image), Research Corp. Techs.
Chapter Details:
The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability.
The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
Section Summary:
This question and answer come from section 2106.04(a)(2) of the MPEP. The following is a brief summary of section 2106.04(a)(2).
2106.04(a)(2) Abstract Idea Groupings
This section covers examples of concepts the courts have identified as abstract ideas.