How should examiners handle ‘tentative abstract ideas’ in subject matter eligibility rejections?

For ‘tentative abstract ideas’ that do not fall within the enumerated groupings, examiners should:

• Use form paragraph 7.05.017 in addition to other required paragraphs
• Provide justification for treating the limitation as an abstract idea
• Obtain approval from the Technology Center Director
• Include the TC Director’s signature in the rejection

MPEP 2106.07(a)(1) states: “If the judicial exception to which the claim is directed is a ‘tentative abstract idea,’ i.e., an abstract idea that does not fall within any of the groupings of abstract ideas discussed in MPEP § 2106.04(a)(2), then the Step 2B rejection must also use form paragraph 7.05.017 (in addition to form paragraphs 7.04.01, 7.05, and 7.05.016) and include the TC Director’s signature.”

To learn more:

• tentative abstract idea
• subject matter eligibility
• 101 rejection
• judicial exception
• TC Director approval