How should examiners evaluate applicant’s arguments regarding the improvement to computer functionality or other technology?

When evaluating applicant’s arguments regarding improvements to computer functionality or other technology, examiners should:

1. Carefully consider the applicant’s arguments and any supporting evidence provided.
2. Determine whether the claimed invention provides a technical improvement that is reflected in the specification.
3. Assess whether the improvement is to the functioning of a computer itself or to any other technology or technical field.

MPEP 2106.07(b) states: “If an applicant argues that the claim is directed to an improvement in computer functionality or other technology, the examiner should evaluate that argument and determine whether the purported improvement is reflected in the claim.“

Examiners should also consider whether the improvement is captured in the claim language and supported by the specification. If the examiner determines that the claimed invention does not provide a technical improvement, they should clearly explain their reasoning in the Office action.

To learn more:

• improvement to computer functionality
• improvement to technology
• applicant arguments
• patent examination
• technical improvement