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Ex Parte Robert C. Steiner

Representative Claim

  1. A method comprising:

in response to a request received from a communication device, a provider of a presence service creating a presentity of an issue or a transaction;

the provider of the presence service subscribing a customer as a watcher of the presentity;

the provider of the presence service receiving a state of the issue or the transaction from a handler of the issue or the transaction;

in response to said receiving, the provider of the presence service registering the state in the presentity; and

the provider of the presence service sending a message reporting the registered state to watchers of the presentity.

Posture:

Appeal from USPTO claim rejections.

Abstract Idea: Undecided

Not directly discussed.

Something More: Yes

“We agree with Appellant that a person of ordinary skill in the art would reasonably understand from the customary definition of “presence service,” as found supra, that the presentity limitations recited in claims 1-5 and 7-11 are inextricably tied to a machine for implementing a presence technology service among interconnected communication devices (i.e., a presence service), and thus cover more than a nominal recitation of a computer to obtain patent eligibility because the claimed presence service is necessary to effect the recited claim steps and device functions. See Alice Corp. Pty. Ltd. v. CLS Bank Intern., 134 S.Ct. 2347, 2350 (2014), quoting Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S.Ct. 1289, 2353 (2012).”