認真做專利 希望所有的專利工程師 都能認真做專利

21愛的鼓勵 0訂閱站台

Thales Visionix v. USA and Elbit Systems (Ct. Fed. Clm. 2015).
 

1. A system for tracking the motion of an object relative to a moving reference frame, comprising:

a first inertial sensor mounted on the tracked object;

a second inertial sensor mounted on the moving reference frame; and

an element adapted to receive signals from said first and second inertial sensors and configured to determine an orientation of the object relative to the moving reference frame based on the signals received from the first and second inertial sensors.

"[Regarding Alice Step 2] the system claim fails to transform the method claim into a patent-eligible invention. "

此claim所包含的方法在於 an element adapted to ... configured to determine an orientation...而根據說明書,此方法為一數學式,inertial sensor對此數學式而言,是無意義的限制.

The claims allow for the application of the navigation equation in almost endless environments, and are not limited to a fighter jet and a pilot’s helmet. . . .

此外,CAFC很重視abstract idea的操作環境

心得:
(1)不是隨意加上particular machine就可以克服particular machine test.
(2)particular machine必須用來執行abstract idea才具有可專利性.
(3)限定操作環境有助於可專利的適格性

在cybersourse一案,CAFC舉例解釋以particular machine必須用來執行abstract idea

For example, in SiRF Tech., we found that claims to a “method for calculating an absolute position of a GPS receiver and an absolute time of recep-tion of satellite signals” recited patent-eligible subject matter. 601 F.3d at 1331. The court noted that we were “not dealing with . . . a method that [could] be performed without a machine” and that there was “no evidence . . . that the calculations [could] be performed entirely in the human mind.” Id. at 1333. To the contrary, we found it was “clear that the methods at issue could not be per-formed without the use of a GPS receiver.” Id. at 1332.