How does the USPTO handle prior art references from non-analogous arts in patent examinations?

The USPTO considers prior art references from non-analogous arts in patent examinations, particularly for obviousness rejections. According to MPEP 2141.01(a):

“A reference is analogous art to the claimed invention if: (1) the reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem); or (2) the reference 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).”

This means that:

• Prior art from different fields can be considered if it’s relevant to the problem being solved.
• The examiner must explain the relevance of non-analogous art.
• Applicants can challenge the use of non-analogous art by demonstrating its irrelevance.

The key is whether a person of ordinary skill would reasonably look to that art to solve the problem at hand, regardless of the field.

To learn more:

• prior art
• non-analogous arts
• patent examination
• obviousness