When is form paragraph 7.05.017 used in patent examination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.”