How should examiners analyze claims for integration into a practical application?
When analyzing claims for integration into a practical application, examiners should:
- Identify any additional elements beyond the judicial exception
- Evaluate the integration of the judicial exception into a practical application
- Explain why there are no additional elements, or why the additional elements do not integrate the exception
- Consider the additional elements individually and in combination
MPEP 2106.07(a) states: “For Step 2A Prong Two, the rejection should identify any additional elements (specifically point to claim features/limitations/steps) recited in the claim beyond the identified judicial exception; and evaluate the integration of the judicial exception into a practical application by explaining that 1) there are no additional elements in the claim; or 2) the claim as a whole, looking at the additional elements individually and in combination, does not integrate the judicial exception into a practical application using the considerations set forth in MPEP §§ 2106.04(d), 2106.05(a)-(c) and (e)-(h).”
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.07(A) - Formulating A Rejection For Lack Of Subject Matter Eligibility,
Patent Law,
Patent Procedure