Saturday, October 24, 2015

Dennis Crouch's Patently-O: 1 new topics, including “AIPLA Patent Year-in-Review”

Dennis Crouch's Patently-O: 1 new topics, including “AIPLA Patent Year-in-Review”

Link to Patently-O » Patent

AIPLA Patent Year-in-Review

Posted: 23 Oct 2015 11:54 AM PDT

By Jason Rantanen

I’m very much looking forward to giving the Patent Year-in-Review talk at the AIPLA annual meeting tomorrow.  If you’re at the AIPLA conference, I’d love to chat with you tonight at dinner or Saturday morning.  Look for the somewhat geeky guy with glasses.  😉

In connection with that talk, AIPLA asked me to put together an essay as well.  I posted a copy of that original essay a month ago; surprisingly, there have been developments in patent law since then! So if you’re looking for the updated version, which includes the Federal Circuit’s en banc opinion in SCA Hygiene and the Supreme Court’s grant of certiorari in Halo and Stryker earlier this week, it’s here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2658737

Three Recent PTAB Decisions on Patent Eligibility

Posted: 23 Oct 2015 07:26 AM PDT

Ex Parte Bak, Application 12/822,772 (PTAB 2015) (Owned by IBM)

Claim at issue: 1. In a network of computer controlled user interactive display stations, a method for the scheduling of meetings on the calendars of invitee users comprising:

prompting an inviter, at a sending display station, to enter into an invitation a predetermined set of general attributes for the scheduled meeting;

enabling each invitee to predetermine a set of invitee-specific attributes applicable to each invitation; and

enabling each invitee to prioritize each predetermined general attribute and each invitee-specific attribute to a numerical priority level to determine the priority of said meeting on the invitee’s calendar.

Holding: [T]he claim is directed to the abstract idea of scheduling a meeting. . . . In this case, to the extent that claim 1 requires a network of computer controlled user interactive display stations and a sending display station, we determine that the recitation of such generic component is insufficient to transform the nature of the claim into a patent-eligible application.

Ex Parte Base, Application 10/489,651 (PTAB 2015) (Owned by Siemens)

Claim at issue: 11. A method for video coding using symbols, the method performed by execution of a computer program stored on a non-transitory computer readable medium and comprising the steps of:

providing a prediction error matrix;

converting the prediction error matrix by coefficient sampling into a series of symbols; and

performing context-adaptive arithmetic encoding of the symbols, wherein the encoding includes for a symbol being encoded, selecting from different predetermined distributions of symbol frequencies a particular predetermined distribution of symbol frequencies based on the symbol encoded immediately beforehand, the predetermined distribution of symbol frequencies indicating the likelihood of different types of symbols occurring immediately following the type of the symbol encoded immediately beforehand based on known statistical interdependencies between different types of symbols occurring in succession;

wherein a number of symbols read out for coefficient sampling is encoded and transmitted.

Holding: Independent claims 11, 20, and 21 are directed to methods of video coding using symbols with three steps: providing a prediction error matrix; converting the prediction into a series of symbols; and performing context-adaptive arithmetic encoding of the symbols. These are mental process steps which can be performed in the human mind, or by a human using a pen and paper. . . . And the recitation in the preamble of independent claims 11 and 21 of performing the method “by execution of a computer program” does not transform the recited abstract idea into a patentable invention.

Ex parte Shideler, Application 11/779,876 (PTAB 2015)

Claim at issue: 12. A method of playing a story based card game associated with a predetermined story and having a series of locations associated with the predetermined story and wherein the game includes a preset number of sequential rounds, the card game comprising: a plurality of sets of location cards, one set of location cards for each of the plurality of locations associated with an aspect of the predetermined story, each set of location cards including one card for each round of the game, wherein each round includes at least one correct location card for that round, wherein each correct location card for each round includes indicia indicating that it is the correct card for that round and including a continuation of the story, whereby a series of correct locations cards for the rounds of the game combine to form a story summary, the method comprising the steps of having the players selectively choose a location card for each round and having the players repeat the selection process until one player can identify all of the correct location cards in the series of correct location cards.

Holding: It is our view that selectively choosing a card and repeating that step until a predetermined goal is reached amounts to merely receiving and evaluating data, and therefore constitutes an abstract idea. . . . [Step 2:] The use of cards having indicia specific to the subject matter of a game is well-known, well-understood, routine and conventional in the field. Thus, from our perspective, such cards, and the other limitations of claim 12, do not add “significantly more” than an abstract idea.

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