Yonatan Wexler et al.Download PDFPatent Trials and Appeals BoardSep 3, 201914807038 - (D) (P.T.A.B. Sep. 3, 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. 14/807,038 07/23/2015 Yonatan Wexler 12234.0026-00000 2506 22852 7590 09/03/2019 FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER LLP 901 NEW YORK AVENUE, NW WASHINGTON, DC 20001-4413 EXAMINER MOYER, ANDREW M ART UNIT PAPER NUMBER 2663 NOTIFICATION DATE DELIVERY MODE 09/03/2019 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): regional-desk@finnegan.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte YONATAN WEXLER and AMNON SHASHUA ____________________ Appeal 2018-004296 Application 14/807,038 Technology Center 2600 ____________________ Before JOSEPH L. DIXON, JOHN A. JEFFERY, and JUSTIN BUSCH, Administrative Patent Judges. BUSCH, Administrative Patent Judge. DECISION ON APPEAL Pursuant to 35 U.S.C. § 134(a), Appellants appeal from the Examiner’s decision to reject claims 1–33, which constitute all the claims pending in this application. We have jurisdiction over the pending claims under 35 U.S.C. § 6(b). We affirm. CLAIMED SUBJECT MATTER Appellants’ disclosure relates to “devices and methods for capturing and [selectively] processing images from an environment of a user.” Spec. ¶ 2, Abstract. More specifically, embodiments of Appellants’ claimed invention relate to “an apparatus and methods for distinguishing between Appeal 2018-004296 Application 14/807,038 2 different types of captured image data.” Spec. ¶ 5. Exemplary embodiments use rules to classify images as key images and auxiliary images and delete some of the auxiliary images. Spec. ¶¶ 6, 8, Abstract. Other embodiments identify “a visual trigger associated with a private contextual situation,” and delete images including that visual trigger. Spec. ¶ 7. Claims 22 and 26 are representative of the claimed subject matter and reproduced below: 22. A wearable apparatus for selectively processing images, the wearable apparatus comprising: an image sensor configured to capture a plurality of images from an environment of a user; and at least one processing device programmed to: receive image data representative of the plurality of images; analyze, using at least one automated image processing technique, the image data representative of one or more of the plurality of images; detect, in the image data representative of at least one of the plurality of images, a face; classify the at least one image in which the face appears as a key image; determine that the key image includes, a visual trigger associated with a private contextual situation; and delete the key image that includes the visual trigger associated with the private contextual situation. 26. A computer-implemented method for selectively processing images, the method comprising: receiving, by at least one processing device, image data representative of a plurality of images captured by at least one image sensor included in a wearable apparatus; analyzing, using at least one automated image processing technique, the image data representative of one or more of the plurality of images; detecting, in the image data representative of at least one of the plurality of images, a face; Appeal 2018-004296 Application 14/807,038 3 identifying at least one facial feature in the image data representative of the at least one image; determining, based on the at least one facial feature, that the face is of a person known to the user; classifying at least a first subset of the plurality of images that include the face of a person known to the user as key images and at least a second subset of the plurality of images that do not include the face of the person known to the user as auxiliary images; and deleting at least some of the auxiliary images. REJECTIONS Claims 1–25 and 32 stand rejected under 35 U.S.C. § 112(b) as indefinite. Final Act. 9–10. Claims 1–13, 16, 17, 19, 21, 22, 24, and 26–33 stand rejected under 35 U.S.C. § 101 as being directed to ineligible subject matter. Final Act. 10–11. Claims 1, 9–12, 16–18, 26, and 31 stand rejected under 35 U.S.C. § 103 as obvious in view of Ollila (US 2008/0170130 A1; July 17, 2008), Prentice (US 2012/0287217 A1; Nov. 15, 2012), and Wang (US 2014/0241574 A1; Aug. 28, 2014). Final Act. 12–20. Claims 2, 5–8, and 28–30 stand rejected under 35 U.S.C. § 103 as obvious in view of Ollila, Prentice, Wang, and Calman (US 2012/0232937 A1; Sept. 13, 2012). Final Act. 20–24. Claims 3 and 19–21 stand rejected under 35 U.S.C. § 103 as obvious in view of Ollila, Prentice, Wang, and Mick (US 2008/0228821 A1; Sept. 18, 2008). Final Act. 24–26. Claims 4 and 27 stand rejected under 35 U.S.C. § 103 as obvious in view of Ollila, Prentice, Wang, and Bilcu (US 2009/0245633 A1; Oct. 1, 2009). Final Act. 27–28. Appeal 2018-004296 Application 14/807,038 4 Claim 13 stands rejected under 35 U.S.C. § 103 as obvious in view of Ollila, Prentice, Wang, and Yoo (US 2009/0023472 A1; Jan. 22, 2009). Final Act. 28–29. Claims 14 and 15 stand rejected under 35 U.S.C. § 103 as obvious in view of Ollila, Prentice, Wang, and Wu (US 2006/0193387 A1; Aug. 31, 2006). Final Act. 29–30. Claims 22–24 stand rejected under 35 U.S.C. § 103 as obvious in view of Ollila, Prentice, and Mick. Final Act. 30–33. Claim 25 stands rejected under 35 U.S.C. § 103 as obvious in view of Ollila, Prentice, Mick, and Keyes (US 9,141,194 B1; Sept. 22, 2015). Final Act. 33–34. Claims 32 and 33 stand rejected under 35 U.S.C. § 103 as obvious in view of Ollila, Prentice, Wang, and Holland (US 2012/0327258 A1; Dec. 27, 2012). Final Act. 34–36. ANALYSIS We have reviewed the Examiner’s rejections in light of Appellants’ arguments that the Examiner erred. In reaching this decision, we have considered all evidence presented and all arguments Appellants made. Arguments Appellants could have made, but chose not to make in the Briefs, are deemed waived. See 37 C.F.R. § 41.37(c)(1)(iv). THE 35 U.S.C. § 112 REJECTION The Examiner concludes claims 1–28 and 32 are indefinite. Final Act. 9–10; Ans. 33–34. In particular, the Examiner concludes claims 1–28 and 32 recite various limitations that invoke pre-AIA 35 U.S.C. § 112(f) and the Specification provides inadequate support for the corresponding structure to the recited means. Final Act. 8–10; Ans. 31–34. Appeal 2018-004296 Application 14/807,038 5 Appellants only response is that 35 U.S.C. § 112(f) does not apply because a person of ordinary skill in the art “would understand that ‘processing device’ would have a sufficiently definite meaning as the name of a structure to perform the claimed functions. Appeal Br. 6; Reply Br. 3– 4. Claim 1 recites, in relevant part, “one processing device programmed to: receive image data . . .; analyze . . . the image data . . .; detect, in the image data . . . a face; identify at least one facial feature . . .; determine, based on the at least one facial feature, that the face is of a person known to the user; classify” images into key images and auxiliary images; and “delete at least some of the auxiliary images.” Appeal Br. 20 (claim 1, emphases added). Claim 22 recites similar limitations. Appeal Br. 25. More specifically, claim 22 recites commensurate limitations to claim 1’s recited processing device programmed to receive image data; analyze the image data; detect, in the image data, a face; and delete certain identified images. Appeal Br. 25. Claim 22 does not recite the processing device is programmed to identify a facial feature, determine the face is of a person known to the user, or classify the images into both key and auxiliary images, as recited in claim 1. Appeal Br. 25. Claim 22, however, recites classifying images including a face as a key image (but is silent regarding auxiliary images) and additionally recites that the processing device is programmed determine a key image includes “a visual trigger associated with a private contextual situation.” Appeal Br. 25. Generic terms such as “mechanism,” “element,” “device,” and other “nonce words” used in a claim can also be considered as a substitute for the “means-plus-function” limitation and, as such, may invoke the application of Appeal 2018-004296 Application 14/807,038 6 35 U.S.C. § 112(f),1 even without reciting the term “means,” because these generic terms or nonce words “‘typically do not connote sufficiently definite structure.”’ Williamson v. Citrix Online, LLC, 792 F.3d 1339, 1350 (Fed. Cir. 2015) (en banc). As in Williamson, the claims here do not recite the term “means,” but “the [processing device] limitation is drafted in the same format as a traditional means-plus-function limitation, and merely replaces the term ‘means’ with ‘nonce’ word ‘device,’ thereby connoting a generic ‘black box’ for performing the recited computer-implemented functions.” Williamson, 792 F.3d at 1350. The term “device” in this context is used as a generic term tantamount to reciting a means because “device” provides no indication of the structure necessary to perform the recited functions. The claim limitation in question is not the “processing device” by itself; it includes all of the functions the processing device is “programmed to” perform. See Williamson, 792 F.3d at 1350. Specifically, at least the functions italicized above require structure beyond simply a generic processor to carry out the claimed functions. Accordingly, the presumption against applying 35 U.S.C. § 112(f) is overcome because the claim merely “recites ‘function without reciting sufficient structure for performing that function.’” Williamson, 792 F.3d at 1348 (quoting Watts v. XL Sys., Inc., 232 F.3d 877, 880 (Fed. Cir. 2000)). Similarly, the prefix “processing” provides one of ordinary skill in the art no insight on the structure necessary to perform the recited functions. 1 The pre-AIA sections of the statute were applicable in Williamson, but pre- AIA 35 U.S.C. § 112, sixth paragraph, corresponds to the current § 112(f). We refer to 35 U.S.C. § 112(f) throughout this opinion, even when referring to determinations made in cases when § 112, sixth paragraph, was in effect, except when directly quoting from other cases. Appeal 2018-004296 Application 14/807,038 7 Here, as in Williamson, even if one of ordinary skill in the art would be capable of programming a computer to perform the recited functions, it is not sufficient to create the structure not otherwise disclosed. Williamson, 792 F.3d at 1351. Even to the extent a person of ordinary skill in the art would have understood the recited “processing device” to include generic computer components (e.g., a processor or device including a processor), such generic computer components without specific programming are not capable of performing each of the recited functions. Williamson, 792 F.3d at 1350–51 (finding the presumption against invoking 35 U.S.C. § 112(f) is overcome because the recitation of a “distributed learning control module” connotes insufficient structure for carrying out the recited functions). Appellants provide no argument or evidence indicating a generic processor, without the appropriate specific programming would be capable of performing at least the italicized functions (i.e., detecting a face in an image, identifying a facial feature, determining the face is of a person known to the user, and classifying the images into key images and auxiliary images). Even prior to Williamson overruling previous cases holding the presumption that § 112(f) is not invoked if the claim does not recite the term “means” is “strong,” 792 F.3d at 1349, expanded panels of this Board provided guidance on the issue before us. For example, the expanded panels found the recitation of a generic processor configured to perform functions that would require special programming invoked § 112(f). Ex parte Lakkala, Appeal No. 2011-001526, 2013 WL 1341108, at *6 (PTAB Mar. 11, 2013) (expanded panel) (informative). Similarly, the Board found a claim that recited, in part, “a processor adapted to” perform various Appeal 2018-004296 Application 14/807,038 8 functions invoked § 112(f), and explained that “[t]o see whether the presumption is overcome, we look to how a skilled artisan would understand ‘processor,’ whether the limitation recites sufficient structure, material, or acts for achieving the recited functions, and whether the term ‘processor’ is modified by functional language.” Ex parte Erol, Appeal No. 2011-001143, 2013 WL 1341107, at *8–9 (PTAB Mar. 11, 2013) (expanded panel) (informative); accord Ex parte Smith, Appeal No. 2012-007631, 2013 WL 1341109, at *6–8 (PTAB Mar. 12, 2013) (expanded panel) (informative). The expanded panel further explained that, “[t]o confirm whether the presumption against such a substitution is overcome, we look to determine whether the functions performed by the processor are typical functions found in a commercially, available off-the-shelf processor, which would weigh against invoking § 112, sixth paragraph.” Erol, 2013 WL 1341107, at *8. Therefore, even though claims 1 and 22 recite a “processing device” rather than a “means,” we agree with the Examiner that aspects of claims 1 and 22 invoke 35 U.S.C. § 112(f) such that they are construed as means- plus-function limitations because the recited “processing device” would not be “understood by persons of ordinary skill in the art to have a sufficiently definite meaning as the name for structure” that is capable of carrying out each of the recited functions. Williamson, 792 F.3d at 1348 (citing Greenberg v. Ethicon Endo-Surgery, Inc., 91 F.3d 1580, 1584 (Fed. Cir. 1996)). Accordingly, we look to Appellants’ Specification to determine whether there is sufficient structure to support the recited functions. The Examiner finds the Specification’s only disclosure of corresponding Appeal 2018-004296 Application 14/807,038 9 structure for the recited processing device is a processor. Final Act. 8. Notably, Appellants do not state on this record, let alone provide any supporting evidence regarding, what structure a person of ordinary skill in the art allegedly would understand a “processing device” encompasses. See Appeal Br. 6; Reply Br. 3–4. On this record, we agree with the Examiner that the only disclosed structure corresponding to the recited “processing device” is a generic processor. See Spec. ¶¶ 43, 58 (explaining that “‘processing device’ includes any physical device having an electric circuit that performs a logic operation on input or inputs”), 74, 79 (describing a generic processor as an example of a “processing device”). As discussed above, a generic processor does not provide sufficient structure to perform each of the recited functions. However, the Federal Circuit has held that corresponding structure may be sufficiently disclosed in the form of an algorithm. WMS Gaming, Inc. v. Int’l Game Tech., 184 F.3d 1339, 1348 (“A general purpose computer, or microprocessor, programmed to carry out an algorithm creates ‘a new machine, because a general purpose computer in effect becomes a special purpose computer once it is programmed to perform particular functions pursuant to instructions from program software.’” (quoting In re Alappat, 33 F.3d 1526, 1545 (Fed. Cir. 1994) (en banc)). The Specification’s disclosure that the system may be implemented using computer programs suggests the claimed processing devices may simply be software executing on generic computer components, which, without specific programming, are not capable of performing each of the recited functions. See Spec. ¶ 142. Appeal 2018-004296 Application 14/807,038 10 The “processing device” in claims 1 and 22 “recites ‘function without reciting sufficient structure for performing that function,’” because Appellants’ system is unable to perform the recited function without specific programming. Williamson, 792 F.3d at 1349 (quoting Watts, 232 F.3d at 880). Appellants’ identify portions of the Specification that allegedly provide support for each of limitations recited in claims 1, 22, and 26. Appeal Br. 3–5 (citing Spec. ¶¶ 41, 43, 57–58, 60, 77–79, 135, Figs. 5A–5C, 6, 9, 12). Paragraphs 41, 43, and 60 of the Specification simply disclose, at a high level, that a processor may be used to perform the functions recited in claims 1 and 22, and the processor may include a processing device either accesses a memory storing executable instructions or stores the instructions itself, wherein executing the instructions results in performing the recited functions. Spec. ¶¶ 41, 43, 60. Paragraphs 57 and 58 of the Specification disclose, at a high level, hardware components of an apparatus depicted in Figure 5A and that the processing device may include any physical device that performs a logic operation on inputs, such as various generic processors. Spec. ¶¶ 57–58, Fig. 5A. Paragraphs 77 through 79 and 135 of the Specification disclose various exemplary image storage options, the general function of identifying triggers, and the fact that an apparatus may be configured to process images to distinguish and classify images. Spec. ¶¶ 77–79, 135. None of these disclosures describe details (e.g., an algorithm or other corresponding structure) on how to perform each of the recited functions. Williamson, 792 F.3d at 1352 (“Even if the specification discloses corresponding structure, the disclosure must be of ‘adequate’ corresponding Appeal 2018-004296 Application 14/807,038 11 structure to achieve the claimed function.”). Although a general purpose computer may provide sufficient structure to perform functions that do not require special programming, the same general purpose computer is insufficient structure for performing specific functions that require special programming. In re Katz, 639 F.3d 1303, 1316 (Fed. Cir. 2011). Therefore, based on this record, we conclude the term “processing device programmed to . . . detect . . .; identify . . .; determine . . .; [and] classify” fails “to fulfill the ‘public notice function’ of 35 U.S.C. § 112 ¶ 2 by ‘particularly pointing out and distinctly claiming’ the invention” and “exhibit the ‘overbreadth inherent in open-ended functional claims.” Katz, 639 F.3d at 1315 (citing Praxair, Inc. v. ATMI, Inc., 543 F.3d 1306, 1319 (Fed. Cir. 2008); quoting Halliburton Energy Servs. v. M–I LLC, 514 F.3d 1244, 1256 n.7 (Fed. Cir. 2008)). For the above reasons, we agree with the Examiner that claims 1–25 and 32 are indefinite under 35 U.S.C. § 112(b). THE 35 U.S.C. § 101 REJECTION The Examiner concludes claims 1–13, 16, 17, 19, 21, 22, 24, and 26– 33 are directed to judicially excepted subject matter. Final Act. 10–11; Ans. 34–36. More specifically, the Examiner determines Appellants’ claims are directed to “recording, organizing, and transmitting data, and other routine human activity,” and the additional elements recite only generic components (i.e., a camera and a processor) to perform the abstract idea. Final Act. 10–11. Appellants argue the § 101 rejection of all claims as a group. Appeal Br. 6–13; Reply Br. 4–11. We select claim 26 as representative. See 37 C.F.R. § 41.37(c)(1)(iv). The Supreme Court’s two-step framework guides our analysis of patent eligibility under 35 U.S.C. § 101. Alice Corp. v. CLS Bank Int’l, 573 Appeal 2018-004296 Application 14/807,038 12 U.S. 208, 217 (2014). In addition, the United States Patent and Trademark Office recently published revised guidance for evaluating subject matter eligibility under 35 U.S.C. § 101, specifically with respect to applying the Alice framework. USPTO, 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50 (Jan. 7, 2019) (“Guidance”). If a claim falls within one of the statutory categories of patent eligibility (i.e., a process, machine, manufacture, or composition of matter), we determine whether the claim is directed to one of the judicially recognized exceptions (i.e., a law of nature, a natural phenomenon, or an abstract idea). Alice, 573 U.S. at 217. As part of our inquiry, we “look at the ‘focus of the claimed advance over the prior art’ to determine if the claim’s ‘character as a whole’ is directed to excluded subject matter.” Affinity Labs of Tex., LLC v. DIRECTV, LLC, 838 F.3d 1253, 1257 (Fed. Cir. 2016). The Guidance directs us to address this inquiry using the following two prongs of analysis: (i) does the claim recite a judicial exception (e.g., an abstract idea), and (ii) if so, is the judicial exception integrated into a practical application. 84 Fed. Reg. at 54. Under the Guidance, if the judicial exception is integrated into a practical application, the claim is patent eligible under § 101. 84 Fed. Reg. at 54–55. If the claim is directed to a judicial exception (i.e., the claim both recites a judicial exception and fails to integrate the exception into a practical application), we next determine whether the claim provides an inventive concept, which includes determining whether any element, or combination of elements, amounts to significantly more than the judicial exception. Alice, 573 U.S. at 217; 84 Fed. Reg. at 56. Appeal 2018-004296 Application 14/807,038 13 Here, we conclude representative claim 26 recites an abstract idea because it recites mental processes. If a claim, under its broadest reasonable interpretation, covers performance in the mind but for the recitation of generic computer components, then it is still in the mental processes category unless the claim cannot be performed practically in the mind. See Intellectual Ventures I LLC v. Symantec Corp., 838 F.3d 1307, 1318 (Fed. Cir. 2016) (“[W]ith the exception of generic computer-implemented steps, there is nothing in the claims themselves that foreclose them from being performed by a human, mentally or with pen and paper.”). More specifically, claim 26 generally is directed to receiving, analyzing, and classifying image data to enable selectively deleting a portion of the images. This is consistent with how Appellants describe the claimed invention. See Spec. ¶¶ 2 (“More particularly, this disclosure relates to devices and methods for selectively processing images.”), 5 (“Embodiments consistent with the present disclosure provide an apparatus and methods for distinguishing between different types of captured image data.”), 6 (“The at least one processing device is also programmed to classify . . . images as key images and . . . auxiliary images. The at least one processing device is further programmed to delete at least some of the auxiliary images.”), Fig. 9. Consistent with our Guidance and case law, we conclude that receiving, analyzing, and classifying image data to enable selectively deleting a portion of the images is a mental process and, therefore, an abstract idea. See 84 Fed. Reg. at 52; Content Extraction and Transmission LLC v. Wells Fargo Bank, Nat’l Ass’n, 776 F.3d 1343, 1347 (Fed. Cir. 2014) (“collecting data, . . . recognizing certain data within the collected data set, and . . . storing that recognized data in a memory” is an abstract idea); see Appeal 2018-004296 Application 14/807,038 14 also Elec. Power Grp., LLC v. Alstom S.A., 830 F.3d 1350, 1353–54 (Fed. Cir. 2016) (explaining that “analyzing information by steps people go through in their minds” is a mental process within the abstract idea category and concluding claims directed to “collecting information, analyzing it, and displaying certain results of the collection and analysis” were abstract); Intellectual Ventures I LLC v. Capital One Fin. Corp., 850 F.3d 1332, 1340 (Fed. Cir. 2017) (concluding claims that focused on collecting, displaying and manipulating data were directed to an abstract idea). Claim 26 is reproduced below, with the claim limitations that recite elements of the abstract idea of receiving, analyzing, and classifying image data to enable selectively deleting a portion of the images emphasized in italics: 26. A computer-implemented method for selectively processing images, the method comprising: receiving, by at least one processing device, image data representative of a plurality of images captured by at least one image sensor included in a wearable apparatus; analyzing, using at least one automated image processing technique, the image data representative of one or more of the plurality of images; detecting, in the image data representative of at least one of the plurality of images, a face; identifying at least one facial feature in the image data representative of the at least one image; determining, based on the at least one facial feature, that the face is of a person known to the user; classifying at least a first subset of the plurality of images that include the face of a person known to the user as key images and at least a second subset of the plurality of images that do not include the face of the person known to the user as auxiliary images; and deleting at least some of the auxiliary images. Appeal 2018-004296 Application 14/807,038 15 More particularly, receiving, analyzing, and classifying image data to enable selectively deleting a portion of the images comprises (i) receiving image data; (ii) analyzing the image data; (iii) detecting a face in the image data; (iv) identifying a facial feature in the image data; (v) determining, based on the identified facial feature, whether the face is of a person the user knows; and (vi) classifying images that include a known person as key images and other images as auxiliary images. These image collection and analysis steps constitute mental process because receiving information, analyzing the received information, detecting and identifying elements within the information, and classifying the data based on the identified elements are all steps that could be performed mentally. Our Guidance identifies mental processes are a category of abstract ideas. 84 Fed. Reg. at 52 (explaining that “observation, evaluation, judgment, and opinion” are examples of concepts that can be performed in the human mind); see also Elec. Power Grp., LLC v. Alstom S.A., 830 F.3d 1350, 1353–54 (Fed. Cir. 2016) (explaining that “analyzing information by steps people go through in their minds” is a mental process within the abstract-idea category). Because the claim recites a judicial exception, we next determine whether the claim integrates the judicial exception into a practical application. 84 Fed. Reg. at 54. To determine whether the judicial exception is integrated into a practical application, we identify whether there are “any additional elements recited in the claim beyond the judicial exception(s)” and evaluate those elements to determine whether they integrate the judicial exception into a recognized practical application. 84 Fed. Reg. at 54–55 (emphasis added); see also Manual of Patent Examining Appeal 2018-004296 Application 14/807,038 16 Procedure (“MPEP”) § 2106.05(a)–(c), (e)–(h) (9th ed. Rev. 08.2017, Jan. 2018). Here, the additional limitations recited beyond the judicial exception itself fail to integrate the exception into a practical application. More particularly, the claims do not recite: (i) an improvement to the functionality of a computer or other technology or technical field (see MPEP § 2106.05(a)); (ii) a “particular machine” to apply or use the judicial exception (see MPEP § 2106.05(b)); (iii) a particular transformation of an article to a different thing or state (see MPEP § 2106.05(c)); or (iv) any other meaningful limitation (see MPEP § 2106.05(e)). See also 84 Fed. Reg. at 55. Rather, the additional elements simply recite a generic “processing device” that performs the receiving and analyzing steps, and the insignificant post-solution activity of deleting some of the images that were classified as auxiliary images. Spec. ¶¶ 43, 58, 74, 79; see 84 Fed. Reg. at 55; MPEP §§ 2106.05(f)–(g). To the extent the claims require an image sensor and a wearable apparatus, these elements also are generic computer components recited at a high level of generality. Spec. ¶¶ 49, 53, 96, Figs. 1A–1D, 3A– 5C, 7, 14. Accordingly, the physical components simply recite the use of generic computer components as tools to implement the abstract idea. 84 See Fed. Reg. at 55; MPEP § 2106.05(f). Appellants assert the claims are not directed to an abstract idea. Appeal Br. 7–10; Reply Br. 4–8. Specifically, Appellants argue the claims are directed to more than the alleged abstract idea, “the claims recite a technological solution to a technical problem of managing memory resources in a wearable image capture apparatus” by selectively deleting Appeal 2018-004296 Application 14/807,038 17 certain images, and the claims are directed to a wearable apparatus with specific image analysis steps. Appeal Br. 7–8. Appellants’ arguments that the claims are directed to more than the alleged abstract idea itself, Appeal Br. 7–10, are unpersuasive for the reasons discussed above. More specifically and contrary to Appellants’ arguments, Appeal Br. 8–10, Appellants’ claims are not similar to the claims found eligible in McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299 (Fed. Cir. 2016). The claims in McRO—unlike the claims here— recited a “specific . . . improvement in computer animation” using “unconventional rules” that related “sub-sequences of phonemes, timings, and morph weight sets” to automatically animate lip synchronization and facial expressions for three-dimensional characters that only human animators could previously produce. McRO, 837 F.3d at 1302–03, 1307–08, 1313–15. In McRO, “the incorporation of the claimed rules” improved an existing technological process. McRO, 837 F.3d at 1314. In contrast, claim 26 does not improve an existing technological process. See Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335–36 (Fed. Cir. 2016) (distinguishing between claims wherein the focus of the claims is on an improvement in computer capabilities and those that invoke a computer as a tool). The additional elements recited in claim 26 beyond the abstract idea merely require: (1) performing two of the steps using a generic processing device; (2) the images are captured by an image sensor included in a wearable apparatus; and (3) deleting at least some of the images classified as auxiliary images. In other words, Appellants merely claim using known technology (i.e., a processing device, and an image sensor included in a wearable device) to perform their known functions (i.e., Appeal 2018-004296 Application 14/807,038 18 executing instructions and capturing images, respectively) as a tool to assist in an the abstract mental steps of receiving and analyzing image data. See Alice, 573 U.S. at 222 (using a computer to perform known processes is not enough to supply an inventive concept). Appellants’ claimed components, therefore, amount to using technology as a tool, not improving computer capabilities. See Enfish, 822 F3.d at 1335–36. Regarding Appellants’ argument that the claims provide a specific technological solution to a technical problem of selectively deleting images, Appeal Br. 7–10; Reply Br. 4–8, we disagree. Appellants’ arguments focus on the physical components, which we addressed above, and the fact that the claims recite a “specific technique” for selectively deleting images. Appeal Br. 7–10. Appellants fail to recognize, however, that the recited mental steps are the abstract idea itself and, therefore, cannot integrate the abstract idea into a practical application. We look to the elements recited in addition to the abstract idea to determine whether the claims integrate the abstract idea into a practical application. 84 Fed. Reg. at 54. We disagree that the claim recites an improvement to the functionality of a computer, other technology, or a technical field because, other than the mental steps, the claims recite only generic computer components and insignificant post- solution activity, as explained above. We note that “relying on a computer to perform routine tasks more quickly or more accurately is insufficient to render a claim patent eligible.” OIP Technologies, Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015); see Alice, 573 U.S. at 224 (“use of a computer to create electronic records, track multiple transactions, and issue simultaneous instructions” is not an inventive concept). Appeal 2018-004296 Application 14/807,038 19 We emphasize that Appellants neither claim nor describe any technological improvement. Rather, Appellants’ merely claim collecting image data using a generically recited wearable device having an image sensor, performing a series of mental steps (some of which claim 26 recites are performed by a generic “processing device”), and deleting a subset of the images. As discussed above, the Specification describes the physical components (i.e., processing device and image sensor included in a wearable device) at a high level of generality, suggesting that a person of ordinary skill in the art would know how to make and use the feature such that the Specification does not need to describe the particulars of this additional element to satisfy 35 U.S.C. § 112(a). Thus, we are not persuaded representative claim 26 recites a technological improvement; rather claim 26 merely recites insignificant activity that uses existing components to collect and process image data. For at least the foregoing reasons, representative claim 26 does not integrate the judicial exception into a practical application. Because we determine claim 26 is directed to an abstract idea, we analyze the claims under step two of Alice to determine whether there are additional limitations that individually, or as an ordered combination, ensure the claims amount to “significantly more” than the abstract idea. Alice, 573 U.S. at 217–18 (citing Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 72–73, 77–79 (2012)). As stated in the Guidance, many of the considerations to determine whether the claims amount to “significantly more” under step two of the Alice framework are already considered as part of determining whether the judicial exception has been integrated into a practical application. 84 Fed. Reg. at 56. Thus, at this point of our analysis, Appeal 2018-004296 Application 14/807,038 20 we determine if the claims add a specific limitation, or combination of limitations, that is not well-understood, routine, conventional activity in the field, or simply appends well-understood, routine, conventional activities at a high level of generality. 84 Fed. Reg. at 56. Appellants also contend the claims recite significantly more than the abstract idea. Appeal Br. 10–13; Reply Br. 8–11. In particular, Appellants argue “reliance on conventional computer activity does not preclude a finding of ‘significantly more’ than an abstract idea” and the claims “recite a specific, discrete implementation” including “a particular combination of steps” (i.e., “a ‘technology-based solution’ based on specific steps that in combination obviates preemption concerns). Appeal Br. 12–13; Reply Br. 10–11. An inventive concept “cannot be furnished by the unpatentable law of nature (or natural phenomenon or abstract idea) itself.” Genetic Techs. Ltd. v. Merial L.L.C., 818 F.3d 1369, 1376 (Fed. Cir. 2016); see also 84 Fed. Reg. at 56; Alice, 573 U.S. at 217 (explaining that, after determining a claim is directed to a judicial exception, “we then ask, ‘[w]hat else is there in the claims before us?’” (emphasis added, brackets in original) (quoting Mayo, 566 U.S. at 78)). Instead, an “inventive concept” is furnished by an element or combination of elements that is recited in the claim in addition to the judicial exception and sufficient to ensure the claim as a whole amounts to significantly more than the judicial exception itself. Alice, 573 U.S. at 218–19 (citing Mayo, 566 U.S. at 72–73); see BSG Tech LLC v. BuySeasons, Inc., 899 F.3d 1281, 1290 (Fed. Cir. 2018) (explaining that the Supreme Court in Alice “only assessed whether the claim limitations other than the invention’s use of the ineligible concept to Appeal 2018-004296 Application 14/807,038 21 which it was directed were well-understood, routine and conventional,” (emphasis added)). Appellants are correct that reciting conventional computer components does not render the claims ineligible, but neither does reciting such components provide an inventive concept sufficient to transform an otherwise abstract idea into patent-eligible subject matter. See also Mortgage Grader, Inc. v. First Choice Loan Servs. Inc., 811 F.3d 1314, 1324–25 (Fed. Cir. 2016) (generic computer components such as an “interface,” “network,” and “database” fail to satisfy the inventive concept requirement). Representative claim 26 fails to recite specific limitations (or a combination of limitations) that are not well-understood, routine, and conventional. Rather, the only additional elements (i.e., the “processing device,” “image sensor included in a wearable apparatus,” and the deleting step) are generic computer components recited at a high level of generality or a basic computer function, none of which Appellants argue is beyond what was well-understood, routine, and conventional in the art. See Spec. ¶¶ 43, 58, 74, 79; see Berkheimer Memo2 § III.A.1. To the extent Appellants argue the receiving, analyzing, detecting, identifying, determining, and classifying steps add significantly more, we 2 “Changes in Examination Procedure Pertaining to Subject Matter Eligibility, Recent Subject Matter Eligibility Decision (Berkheimer v. HP, Inc.)” at 3 (Apr. 19, 2018), available at https://www.uspto.gov/sites/default/files/documents/memo-berkheimer- 20180419.PDF (explaining that a specification that describes additional elements “in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a)” can show that the elements are well understood, routine, and conventional). Appeal 2018-004296 Application 14/807,038 22 note that these steps are part of the ineligible abstract idea. “If a claim’s only ‘inventive concept’ is the application of an abstract idea using conventional and well-understood techniques, the claim has not been transformed into a patent-eligible application of an abstract idea.” BSG Tech, 899 F.3d at 1290–91 (citing Berkheimer v. HP Inc., 881 F.3d 1360, 1370 (Fed. Cir. 2018)). “[I]t is irrelevant whether [the claimed abstract idea] may have been non-routine or unconventional as a factual matter . . . narrowing or reformulating an abstract idea does not add ‘significantly more’ to it.” BSG Tech, 899 F.3d at 1291. Similarly, Appellants reliance on BASCOM Glob. Internet Servs., Inc. v. AT&T Mobility LLC, 827 F.3d 1341 (Fed. Cir. 2016), Appeal Br. 11–13, is unpersuasive. In BASCOM, the court found “the patent describes how its particular arrangement of elements is a technical improvement,” and, when construed in favor of BASCOM,3 the claims may be read to improve an existing technological process. BASCOM, 827 F.3d at 1350. As discussed above, representative claim 26 does not improve an existing technological process, but rather uses existing technology to perform the abstract idea or claim a desired functional goal (i.e., identifying and classifying key images). Additionally, Appellants do not clearly indicate what additional elements they believe recite an unconventional element or combination of elements. Furthermore, unlike the arrangement of elements (i.e., installation of a filtering tool at a specific location) in BASCOM, 827 F.3d at 1349–50, we see nothing in representative claim 26 that recites a non-conventional and non-routine arrangement of known elements. 3 In BASCOM, BASCOM appealed the district court's granting of a motion to dismiss under Fed. R. Civ. P. 12(b)(6). BASCOM, 827 F.3d at 1341 Appeal 2018-004296 Application 14/807,038 23 For the above reasons, Appellants have not persuaded us of Examiner error, and we sustain the Examiner’s rejection of claims 1–13, 16, 17, 19, 21, 22, 24, and 26–33 under 35 U.S.C. § 101. THE 35 U.S.C. § 103 REJECTIONS Claims 1, 9–12, 16–18, 26, and 31 Appellants argue claims 1, 9–12, 16–18, 26, and 31 as a group. Appeal Br. 15 (arguing claims 9–12 and 16–18, which depend from claim 1, as well as claims 26 and 31, which recite limitations similar to those recited in claim 1, are patentable over the Examiner’s proposed combination for the same reasons argued with respect to claim 1). We select independent claim 26 as representative of claims 1, 9–12, 16–18, 26, and 31. 37 C.F.R. § 41.37(c)(l)(iv). The Examiner finds the combination of Ollila, Prentice, and Wang teaches or suggests every limitation recited in claims 1, 9–12, 16–18, 26, and 31. Final Act. 12–20. Of particular note regarding representative claim 26, the Examiner finds: Ollila teaches or suggests the receiving and deleting steps and classifying images into key images and auxiliary images; Prentice teaches or suggests the analyzing, detecting, and identifying steps and images that include a face being key images and images that do not being auxiliary images; and Wang teaches or suggests the determining step and, cumulative with Prentice, Wang also teaches or suggests the identifying step and images that include a face being key images and images that do not being auxiliary images. Final Act. 18 (citing Ollila ¶¶ 20, 22, 32, 39, 53, 63), 18–19 (citing Prentice ¶¶ 23, 25), 19–20 (citing Wang ¶¶ 41, 57, Figs. 2–10); Ans. 37–38 (citing Wang ¶¶ 41, 57, Figs. 2–10). The Examiner also provides a rationale for combining the cited teachings from Ollila, Appeal 2018-004296 Application 14/807,038 24 Prentice, and Wang. Final Act. 14–15 (citing Prentice ¶ 23). In particular, the Examiner determines it would have been obvious to substitute Prentice’s general disclosure of using a facial recognition technique with Wang’s particular known facial recognition technique because Prentice teaches or suggests using facial recognition. Final Act. 15 (citing Prentice ¶ 23); see also Prentice ¶ 25 (disclosing the Prentice system and method may use “any suitable (now known or hereinafter developed) face detection software that is capable of detecting a human face within each video frame”). Appellants argue Ollila fails to teach or suggest the analyzing, detecting, identifying, and determining steps. Appeal Br. 14; Reply Br. 13. Appellants also argue Prentice fails to teach the determining step because, although Prentice discloses facial recognition software, there is no teaching or suggestion of determining that an identified face is known to the user. Appeal Br. 14; Reply Br. 13. Appellants contend Wang fails to teach or suggest the identifying and determining steps and classifying images that include a face of a known person as key images and images that do not as auxiliary images. Appeal Br. 14–15; Reply Br. 13–14. Finally, Appellants assert, without further explanation, the proposed “combination is based upon impermissible hindsight.” Appeal Br. 15; Reply Br. 14 (arguing the Examiner “provides no reason why one of ordinary skill in the art would have modified the prior art, as claimed”). Many of Appellants’ arguments—i.e., that Ollila fails to teach the analyzing, detecting, and determining steps; Prentice fails to teach the determining step; and Wang fails to teach classifying images—are unpersuasive because they do not address the Examiner’s findings and conclusions. Specifically, the Examiner does not find Ollila teaches or Appeal 2018-004296 Application 14/807,038 25 suggests the analyzing, detecting, and determining steps; the Examiner does not find Prentice teaches or suggests the determining step; and the Examienr does not find Wang, alone, teaches classifying images. See Final Act. 12– 14. That leaves only Appellants’ arguments that Wang fails to teach or suggest (1) the identifying and determining steps, (2) that images including a face of a person known to the user are key images and other images are auxiliary images, and (3) that the proposed combination is based only on impermissible hindsight and the Examiner provides no reason why a person of ordinary skill in the art would have combined Wang with Prentice. See Appeal Br. 14–15; Reply Br. 13–14. We initially note the Examiner also finds Prentice teaches the identifying step and that images including a face of a person known to the user are key images and other images are auxiliary images. Accordingly, Wang’s teachings with respect to these limitations are cumulative and Appellants present no persuasive argument that Prentice fails to teach these limitations. For that reason alone, Appellants’ argument that Wang fails to teach or suggest these limitations is unpersuasive. Moreover, for the reasons discussed below, we also agree with the Examiner’s finding that Wang teaches or suggests each of the disputed limitations (i.e., the identifying step, the determining step, and images including a known person’s face are key images and other images are auxiliary images). Wang discloses a facial recognition technique that includes extracting facial features, comparing the extracted features with features of known faces, and outputting a face ID associated with a known face having facial features that match the extracted features. Wang ¶¶ 41, 57. Wang further discloses not outputting a face ID when it is determined, based on whether a Appeal 2018-004296 Application 14/807,038 26 similarity score surpasses a given threshold, that there is no known face having features that sufficiently match the extracted features. Wang ¶¶ 41, 57. Appellants assert that, although Wang discloses facial recognition and comparing a similarity score to a threshold, Wang does not disclose the recited limitations, but Appellants provide no persuasive explanation why the identified disclosures in Wang fail to teach or suggest the recited limitations. Wang’s passages described above, clearly describe a process of identifying known faces based on comparing facial features of a face detected in an image. Accordingly, it is unclear what aspect of these limitations Appellants contend is missing. We agree with the Examiner that Wang teaches or suggests “detecting, in the image data . . ., a face,” “identifying at least one facial feature in the image data,” and “determining, based on the at least one facial feature, that the face is of a person known to the user.” Although we do not rely on the Examiner’s finding that Wang teaches or suggests images including a known person’s face are key images and other images are auxiliary images because the Examiner finds Prentice provides cumulative teachings, we also agree with the Examiner’s explanation that the act of matching some images with a face ID and not matching a face ID for other images at least suggests that the images with a corresponding face ID are key images and the other images are auxiliary images. Final Act. 13–15; Ans. 38. Appeal 2018-004296 Application 14/807,038 27 Contrary to Appellants’ argument, Appeal Br. 15; Reply Br. 14, the Examiner’s rationale for combining Wang with Ollila and Prentice provides a reason with a rational underpinning. Specifically, the Examiner states: It would have been obvious to one of ordinary skill in the art at the time of filing to simply substitute the facial recognition technique of Prentice with that of Wang, because Prentice teaches and suggests using facial recognition (see Prentice ¶ 0023), and it is predictable that Wang’s facial recognition technique would succeed at recognizing Ollila’s and Prentice’s known faces. Final Act. 15; see KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007) (combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results). For the above reasons, we are not persuaded the Examiner erred in rejecting representative claim 26 as obvious in view of the combination of Ollila, Prentice, and Wang. For the same reasons, we are not persuaded the Examiner erred in rejecting claims 9–12, 16–18, 26, and 31, not argued separately with particularity. Claims 22–24 Appellants argue claims 22–24 as a group. Appeal Br. 15 (arguing claims 23 and 24, which depend from claim 22 are patentable over the Examiner’s proposed combination for the same reasons argued with respect to claim 22). We select independent claim 22 as representative of claims 22–24. 37 C.F.R. § 41.37(c)(l)(iv). The Examiner finds the combination of Ollila, Prentice, and Mick teaches or suggests every limitation recited in claims 22–24. Final Act. 31– 33. Of particular note regarding claim 22, the Examiner finds: Ollila teaches or suggests a wearable apparatus, including an image sensor and a Appeal 2018-004296 Application 14/807,038 28 processing device, for selectively processing images that receives image data and classifies images as key images; Prentice teaches or suggests the analyzing the image data, detecting a face in the image data, and classifying images that include a face as key images; and Mick teaches or suggests determining key images include a visual trigger associated with a private contextual situation and deleting such key images. Final Act. 31 (citing Ollila ¶¶ 20, 22, 32, 39, 53, 63), 31–32 (citing Prentice ¶¶ 23, 25), 32–33 (citing Mick ¶ 321); Ans. 38–42. The Examiner also provides a rationale for combining the cited teachings from Ollila, Prentice, and Mick. Final Act. 32–33 (citing Prentice ¶ 23; Mick ¶ 321); Ans. 40–42. In particular, the Examiner determines it would have been obvious to use Mick’s technique to delete Ollila’s content that includes nudity because it is predictable a user would want to protect privacy, such as deleting content including nudity. Final Act. 32–33 (citing Mick ¶ 321). Appellants argue Ollila and Mick fail to teach or suggest the analyzing, detecting, classifying, and determining functions recited in claim 22. Appeal Br. 15–16; Reply Br. 15. Appellants assert Mick discloses storing downloaded video content with timestamped parameters that enable selective deletion of certain scenes, such as scenes including nudity or sexual situation, which does not teach “that any of Mick’s categorized scenes are determined in the manner recited in claim 22.” Appeal Br. 17. Appellants also contend Mick fails to teach or suggest deleting images including the identified visual trigger because Mick does not teach determining categorized scenes “in the manner recited” and any deletion in Mick “is user directed based on the selectable audio or video parameters selected by a user.” Appeal Br. 17. Appeal 2018-004296 Application 14/807,038 29 Appellants’ argument that Ollila and Mick fail to teach or suggest the analyzing, detecting, classifying, and determining functions recited in claim 22 is merely an assertion without any persuasive explanation and, therefore, is unpersuasive. Appellants’ argument that Mick fails to teach or suggest the recited deleting function because Mick’s deletion of particular video scenes “is user directed” is also unpersuasive because it is not commensurate with the scope of the claim 22. In particular, claim 22 recites a processing device programmed to delete images including the visual trigger, but claim 22 does not preclude a user from directing the deletion of such images. Mick discloses storing video files with selectable parameters that identify various portions of the video as including private contextual situations (e.g., nudity, sexual situations, or explicitly sexual dialogue). Mick ¶ 321. Because Mick discloses associate timestamps with the video to identify the particular scenes, Mick at least suggests a processor determining which particular images include the visual trigger. See Mick ¶ 321. Appellants’ argument that Mick’s disclosure fails to teach or suggest determining a key image includes a visual trigger associated with a private contextual situation is similarly unpersuasive. Claim 22 merely requires determining that the image includes the recited visual trigger and does not recite a particular way the determination is made. Accordingly, Appellants’ argument that “there is no teaching that any of Mick’s categorized scenes are determined in the manner recited in claim 22” does not persuasively demonstrate error in the Examiner’s finding. Appellants also argue “Mick is not properly combinable with Ollila because they are not analogous art.” Appeal Br. 16. More specifically, an ordinarily skilled person would not have modified Ollila and Prentice with Appeal 2018-004296 Application 14/807,038 30 Mick’s functionality because they “are disparate unrelated systems.” Appeal Br. 16. Appellants further argue the Examiner provides no “teaching or suggestion in the cited references for combining the cited art,” such that the conclusion is based on impermissible hindsight. Appeal Br. 16. The Examiner explains that Mick teaches it is predictable that a person may want to censor or delete video including nudity or profanity, which is equally applicable to someone recording video rather than just viewing downloadable content. Ans. 41–42 (citing Mick ¶ 321). The Examiner further explains claim 22 simply recites deleting “such content, which is a basic and obvious protective measure.” First, we note the question of whether a person of ordinary skill in the art would look to a reference—i.e., whether a reference is analogous art— asks whether the particular reference is analogous to Appellants’ claimed subject matter. More specifically, prior art is analogous art to the claimed invention if either (1) the art is from the same field of endeavor as the claimed invention (even if it addresses a different problem); or (2) the art is reasonably pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention). In re Bigio, 381 F.3d 1320, 1325 (Fed. Cir. 2004) (emphasis added); see also Bigio, 381 F.3d at 1325 (explaining that the first test “requires the PTO to determine the appropriate field of endeavor by reference to explanations of the invention’s subject matter in the patent application, including the embodiments, function, and structure of the claimed invention.”). Appellants do not persuasively argue any of Ollila, Prentice, or Mick are non-analogous art because Appellants fail to argue, let alone provide any support, any of the references are from a different field of endeavor than Appeal 2018-004296 Application 14/807,038 31 Appellants’ claimed subject matter and are not reasonably pertinent to the problem Appellants’ invention addresses. On this record and lacking any persuasive argument or evidence to the contrary, we determine each of the cited references are in the same field of endeavor as Appellants’ invention and/or are reasonably pertinent to the problem Appellants’ invention addresses. Furthermore, and contrary to Appellants’ assertion, Appeal Br. 16; Reply Br. 17, the Examiner’s rationale for combining Ollila, Prentice, and Mick includes a reason with a rational underpinning. Final Act. 32–33; Ans. 41–43; see KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007). Other than the unpersuasive non-analogous art argument, Appellants argue the Examiner fails to identify a teaching or suggestion in the cited references for combining the references. Appeal Br. 16. This argument is also unpersuasive because the Examiner does cite specific teachings in Prentice and Mick as support for the provided rationale. Moreover, the rationale for combining the references need not come from the references themselves. KSR, 550 U.S. at 417 (“[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill.”), 418 (“the analysis need not seek out precise teachings directed to the specific subject matter of the challenged claim, for a court can take account of the inferences and creative steps that a person of ordinary skill in the art would employ”). For the above reasons, we are not persuaded the Examiner erred in rejecting representative claim 22 as obvious in view of the combination of Ollila, Prentice, and Mick. For the same reasons, we are not persuaded the Appeal 2018-004296 Application 14/807,038 32 Examiner erred in rejecting claims 23 and 24, not argued separately with particularity. Claims 2–8, 13–15, 19–21, 25, 27–30, 32, and 33 Appellants argue the additionally recited prior art does not cure the deficiencies noted with respect to the independent claims and, therefore, dependent claims 2–8, 13–15, 19–21, 25, 27–30, 32, and 33 are patentable for the same reasons asserted regarding claims 1, 22, and 26, from which they depend. Appeal Br. 17–18; Reply Br. 18–19. Because we find no deficiencies regarding the rejection of independent claims 1, 22, and 26, we are not persuaded the Examiner erred in rejecting claims 2–8, 13–15, 19–21, 25, 27–30, 32, and 33, not argued separately with particularity, for the same reasons discussed above. SUMMARY We sustain the Examiner’s decision to reject claims 1–25 and 32 as indefinite under 35 U.S.C. § 112(b). We sustain the Examiner’s decision to reject claims 1–13, 16, 17, 19, 21, 22, 24, and 26–33 under 35 U.S.C. § 101. We sustain the Examiner’s decision to reject claims 1–33 under 35 U.S.C. § 103. DECISION Because we affirm at least one ground of rejection with respect to each claim on appeal, the Examiner’s decision to reject claims 1–33 is affirmed. See 37 C.F.R. § 41.50(a)(1). Appeal 2018-004296 Application 14/807,038 33 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). AFFIRMED Copy with citationCopy as parenthetical citation