When is form paragraph 7.05.017 used in patent examination?
Form paragraph 7.05.017 is used in patent examination when dealing with a “tentative abstract idea” – an abstract idea that does not fall within the groupings of abstract ideas discussed in MPEP § 2106.04(a)(2). This form paragraph must be used in conjunction with form paragraph 7.05.016 and requires approval from the Technology Center Director.
The MPEP provides the following structure for this form paragraph:
“The identified claim limitation(s) that recite(s) an abstract idea do/does not fall within the groupings of abstract ideas discussed in MPEP § 2106.04(a)(2), i.e., mathematical concepts, mental processes, or certain methods of organizing human activity. Nonetheless, the claim limitation(s) is/are being treated as reciting an abstract idea because [1]. This rejection has been approved by the Technology Center Director signing below. [2]”
The examiner must:
- In [1]: Provide justification for treating the claim limitation(s) as an abstract idea.
- In [2]: Insert the TC Director’s signature.
As the MPEP states: “Approval from the TC Director is required to treat a tentative abstract idea (i.e., a claim limitation(s) that does not fall within the groupings of abstract ideas discussed in MPEP § 2106.04(a)(2)) as an abstract idea.”
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