MuSigma Business Solutions Pvt. Ltd.Download PDFPatent Trials and Appeals BoardMar 30, 202014150735 - (D) (P.T.A.B. Mar. 30, 2020) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/150,735 01/08/2014 Dhiraj Rajaram 17033-000010-US 1099 30593 7590 03/30/2020 HARNESS, DICKEY & PIERCE, P.L.C. P.O. BOX 8910 RESTON, VA 20195 EXAMINER STARKS, WILBERT L ART UNIT PAPER NUMBER 2122 NOTIFICATION DATE DELIVERY MODE 03/30/2020 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): dcmailroom@hdp.com jcastellano@hdp.com jhill@hdp.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte DHIRAJ RAJARAM ____________ Appeal 2019–001248 Application 14/150,735 Technology Center 2100 ____________ Before: JOHN A. EVANS, LINZY T. McCARTNEY, and MICHAEL T. CYGAN, Administrative Patent Judges. EVANS, Administrative Patent Judge. DECISION ON APPEAL1 Appellant seeks our review under 35 U.S.C. § 134(a) of the Examiner’s Final rejection of claims 1–20. App. Br. 1. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM.2 1 We use the word “Appellant” to refer to “Applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies MuSigma Business Solutions Pvt. Ltd., as the real party in interest. Appeal Br. 2. 2 Rather than reiterate the arguments of Appellant and the Examiner, we refer to the Appeal Brief filed June 8, 2018, (“App. Br.”); the Reply Brief (none filed); the Examiner’s Answer mailed September 27, 2018, (“Ans.”); the Final Action mailed May 17, 2017, (“Final Act.”); and the Specification Appeal 2019–001248 Application 14/150,735 2 STATEMENT OF THE CASE The claims relate to a data management system. See Abstract. Invention Claims 1 and 14 are independent. An understanding of the invention can be derived from a reading of claim 1, which is reproduced in Table 1. Rejections3 Claims 1–20 stand rejected under 35 U.S.C. § 101 as directed to an abstract idea. Final Act. 2–9. Claims 14–20 stand additionally rejected under 35 U.S.C. § 101 as not directed to a statutory class. Final Act 2. ANALYSIS We have reviewed the rejections of claims 1–5, 8–10, and 12–20 in light of Appellant’s arguments that the Examiner erred. We have considered in this Decision only those arguments Appellant actually raised in the Brief. Any other arguments which Appellant could have made but chose not to make in the Brief are deemed to be waived. See 37 C.F.R. § 41.37(c)(1)(iv). filed January 8, 2014, (“Spec.”) for their respective details. 3 The present application was examined under the pre-AIA first to invent provisions. Final Act. 2. Appeal 2019–001248 Application 14/150,735 3 We provide the following explanation to highlight and address specific arguments and findings primarily for emphasis. CLAIMS 14–20: STATUTORY CLASS. The preamble of independent Claim 14 recites: “[a]n analytical problem defining tool configured to identify at least one attribute contributing to a problem for which a corresponding statement is received the data management tool comprising.” The Examiner finds Claim 14 recites a “tool,” but fails to recite a statutory class, i.e., an “apparatus,” “method,” “product of manufacture,” or “composition of matter.” Appellant contends a machine is defined as “a concrete thing, consisting of parts, or of certain devices and combination of devices [] This includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result.” Appeal Br. 24 (quoting MPEP § 2106). Appellant argues the claimed “tool” comprises mechanical parts. Id. The Examiner finds Appellant contends “the current claims do not recite ‘memory circuitry.’” Final Act. 8.4 Therefore, in view of Appellant’s contention, the Examiner finds Appellant has excluded “standard computer memories from the definition of ‘memory’” and is estopped from asserting that the recited memory includes “standard computer memory in the future via file wrapper estoppel.” Id. 4 Quoting “Argument 3,” but without a pin cite to the Appeal Brief. Appeal 2019–001248 Application 14/150,735 4 We have reviewed Appellant’s statements and the Examiner’s rejection. We disagree with the Examiner that Appellant is estopped from asserting that the recited “memory” encompasses “standard computer memory” and that claim 14–20 do not recite a statutory class of subject matter We decline to sustain the rejection of Claims 14–20. Claims 1–20: INELIGIBLE SUBJECT MATTER Appellant argues these claims as a group without specific reference to the recitations of any specific claim. Therefore, we decide the appeal of the 35 U.S.C. § 101 rejection on the basis of illustrative Claim 1 and refer to the rejected claims collectively herein as “the claims.” See 37 C.F.R. § 41.37(c)(1)(iv); see also In re King, 801 F.2d 1324, 1325 (Fed. Cir. 1986). Appellant contends “under recent precedential Federal Circuit decisions and the subsequent USPTO memorandum that control the examination guidelines for 35 U.S.C. § 101 rejections, the § 101 rejection is improper.” Appeal Br. 11. Based upon our review of the record in light of recent policy guidance with respect to patent-eligible subject matter rejection under 35 U.S.C. § 101, we affirm the rejection of the claims for the specific reasons discussed below.5 Preemption Appellant contends the claims do not pose any risk of preempting, or monopolizing, any idea the Office may identify as abstract. See Appeal Br. 8–9. Although preemption may denote patent ineligibility, its absence does 5 See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50 (Jan. 7, 2019) (“Revised Guidance, 84 Fed. Reg.”). Appeal 2019–001248 Application 14/150,735 5 not demonstrate patent eligibility. See FairWarning, IP, LLC v. Iatric Systems, Inc., 839 F.3d 1089, 1098 (Fed. Cir. 2016). For claims covering a patent-ineligible concept, preemption concerns “are fully addressed and made moot” by an analysis under the Mayo/Alice framework. Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371, 1379 (Fed. Cir. 2015). We conduct such an analysis below. 35 U.S.C. § 101 Section 101 provides that a patent may be obtained for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” See 35 U.S.C. § 101. The Supreme Court has long recognized, however, that 35 U.S.C. § 101 implicitly excludes “[l]aws of nature, natural phenomena, and abstract ideas” from the realm of patent-eligible subject matter, as monopolization of these “basic tools of scientific and technological work” would stifle the very innovation that the patent system aims to promote. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208, 216 (2014) (quoting Ass’n for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 576, 589 (2013)); see also Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 72–78 (2012); and Diamond v. Diehr, 450 U.S. 175, 185 (1981). Under the mandatory Revised Guidance, we reconsider whether Appellant’s claims recite: 1. any judicial exceptions, including certain groupings of abstract ideas (i.e., mathematical concepts, certain methods of organizing human interactions such as a fundamental economic practice, or mental Appeal 2019–001248 Application 14/150,735 6 processes), and 2. additional elements that integrate the judicial exception into a practical application (see MPEP § 2106.05(a)–(c), (e)–(h)). Only if a claim, (1) recites a judicial exception, and (2) does not integrate that exception into a practical application, do we then reach the issue of whether the claim: 3. adds a specific limitation beyond the judicial exception that is not “well-understood, routine, conventional” in the field (see MPEP § 2106.05(d)); or 4. simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception. A. Whether the claims recite a judicial exception The Revised Guidance extracts and synthesizes key concepts identified by the courts as abstract ideas to explain that the abstract-idea exception includes the following groupings of subject matter, when recited as such in a claim limitation(s) (that is, when recited on their own or per se): (a) mathematical concepts,6 i.e., mathematical relationships, mathematical 6 Bilski v. Kappos, 561 U.S. 593, 611 (2010) (“The concept of hedging . . . [reduced] to a mathematical formula . . . . is an unpatentable abstract idea.”). Appeal 2019–001248 Application 14/150,735 7 formulas, equations,7 and mathematical calculations;8 (b) certain methods of organizing human activity—fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions);9 and (c) mental processes—concepts performed in the human mind (including observation, evaluation, judgment, opinion).10 The preamble of independent claim 1 recites: “[an] analytical problem defining system comprising.” Each limitation, recited in the body of the claim, is analyzed in Table I against the categories of abstract ideas as 7 Diehr, 450 U.S. at 191 (“A mathematical formula as such is not accorded the protection of our patent laws.”); Parker v. Flook, 437 U.S. 584, 594 (1978) (“[T]he discovery of [a mathematical formula] cannot support a patent unless there is some other inventive concept in its application.”). 8 SAP Am., Inc. v. InvestPic, LLC, 898 F.3d 1161, 1163 (Fed. Cir. 2018) (holding that claims to a “series of mathematical calculations based on selected information” are directed to abstract ideas). 9 Alice, 573 U.S. at 219–20 (concluding that use of a third party to mediate settlement risk is a “fundamental economic practice” and thus an abstract idea); see also Revised Guidance, at 52 n.13 for a more extensive listing of “certain methods of organizing human activity” that have been found to be abstract ideas. 10 Mayo, 566 U.S. at 71 (“[M]ental processes[ ] and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work.”) (quoting Gottschalk v. Benson, 409 U.S. 63, 67 (1972)). Appeal 2019–001248 Application 14/150,735 8 set forth in the Revised Guidance. Table I Claim 1 Revised Guidance, p. 52 [a]11 a memory having computer- readable instructions stored therein; and An additional element that adds insignificant extra-solution activity to the judicial exception. 84 Fed. Reg., 55. [b] a processor configured to execute the computer-readable instructions to, An additional element that adds insignificant extra-solution activity to the judicial exception. 84 Fed. Reg., 55. [c] receive a statement corresponding to a problem; An additional element that adds insignificant extra-solution activity to the judicial exception, i.e., mere data-gathering. 84 Fed. Reg., 55. [d] identify at least one attribute contributing to the problem by, creating a situation control question (SCQ) matrix for the statement in order to enable one or more users to define a current state and a desired state for the problem; Certain methods of organizing human activity, i.e., managing relationships or interactions between people. [e] creating a factor map for the statement in order to enable the one or more users to enumerate a plurality of factors contributing to the problem; Certain methods of organizing human activity, i.e., managing relationships or interactions between people. [f] creating a hypothesis matrix with one or more hypothetical statements corresponding to the statement to be Certain methods of organizing human activity, i.e., managing 11 Step designators, e.g., “[a],” were added to facilitate discussion. Appeal 2019–001248 Application 14/150,735 9 completed by the one or more users; relationships or interactions between people. [g] generate a comprehensive version of the problem based on the identified at least one attribute; and Mental processes, i.e., concepts performed in the human mind including observation, evaluation, judgment, opinion. [h] store the comprehensive version of the problem for further analysis. Insignificant extra-solution activity. In view of Table I, we find limitations [c]–[g] of independent Claim 1 recites a judicial exception, per se, i.e., certain methods of organizing human activity and mental processes. For example with respect to Limitation [c], “[A]ctivity that involves multiple people . . . and thus, certain activity between a person and a computer . . . may fall within the “certain methods of organizing human activity” grouping.” October 2019 Update 5. Here, the claimed invention is designed to enable users to provide input as to, for example, “the current state of the problem, the desired solution of the problem, the gaps, and the challenges.” Spec. ¶ 36. Accordingly, the claims recite managing interactions between people in addressing a problem, and thus recite an abstract idea. Step 2A(ii): Judicial Exception Integrated into a Practical Application? If the claims recite a patent-ineligible concept, as we conclude above, we proceed to the “practical application” Step 2A(ii) wherein we determine whether the recited judicial exception is integrated into a practical application of that exception by: (a) identifying whether there are any additional elements recited in the claim beyond the judicial exception(s); and Appeal 2019–001248 Application 14/150,735 10 (b) evaluating those additional elements individually and in combination to determine whether they integrate the exception into a practical application. For the reasons which follow, we conclude that Appellant’s claims do not integrate the judicial exception into a practical application. MPEP § 2106.05(a): “Improvements to the Functioning of a Computer or to Any Other Technology or Technical Field.” “In determining patent eligibility, examiners should consider whether the claim ‘purport(s) to improve the functioning of the computer itself’” or “any other technology or technical field.” MPEP § 2106.05(a). With respect to technological improvements, Appellant non- specifically analogizes to Enfish,12 DDR Holdings,13 and McRO14 and contends: the instant claims are directed towards an improved computer graphical user interface (GUI) that provides an interface for defining a problem statement, other inputs related to the problem statement, and a desired solution for the problem that has been input by a client through the GUI in an unstructured format, and then generating a structured and well-defined situation control question (SCQ) matrix that is defined by the problem and solution. Appeal Br. 12 (citing generally Spec., ¶¶ 1–7, 20, 33, 35, and 45). Appellant argues: As explained in the instant application, the claimed invention improves conventional computer GUIs by allowing clients to accurately represent and scope unstructured business problems and unstructured data associated with the business problem using the created SCQ matrix that allows the one or 12 Enfish, LLC v. Microsoft Corp., 822 F.3d 1327 (Fed. Cir. 2016). 13 DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245 (2014). 14 McRO, Inc. v. Bandai Namco Games America Inc., 837 F.3d 1299 (2016). Appeal 2019–001248 Application 14/150,735 11 more users to define the current state of the defined problem and the desired state (e.g., the solution state) of the problem, and enables accurate data analysis by providing a factor map and the hypothesis matrix in the graphical user interface that collects data related to the client's problem, such as a plurality of factors contributing to the problem, and hypothetical statements corresponding to the problem, in a structured fashion through input into the novel SCQ matrix, consequently improving the data analysis to be performed related to the defined problem. Appeal Br. 15. Appellant discloses: The invention relates generally to data management systems, and more particularly to a system and tool for collating data for a defined problem to enable accurate data analysis. Spec., ¶ 1 (cited by Appellant). “Data collation or collection is a common component to all fields of study including physical and social sciences, humanities, [and] business.” Spec., ¶ 2 (cited by Appellant). In current data management systems, the data is typically collected using an unstructured format leading to inadequate and sometimes irrelevant data. Moreover, some systems employ using several questions to collect data. However, such questions are subjected to bias based on the individual(s) framing the questions and the knowledge of the assignment. Spec., ¶ 4 (cited by Appellant). As framed by Appellant, the problem to be solved relates to collection of unbiased data from individual humans. This problem relates to methods of organizing human behavior, but not to a technology, per se. Appellant discloses the claimed data collation system comprises: a situation control question (SCQ) module configured to create a SCQ matrix. The SCQ matrix is configured to enable one or Appeal 2019–001248 Application 14/150,735 12 more users to define a current state and a desired solution of a problem defined by the problem statement. The data collation system also comprises a factor map module configured to create a factor map. The factor map is configured to enable one or more users to enumerate a plurality of factors that directly and/or indirectly contribute to the problem. The data collation system further comprises a hypothesis module configured to create a hypothesis matrix. The hypothesis matrix is configured to enable one or more users to formulate one or more hypotheses based on the problem statement. The data management system further comprises memory circuitry coupled to the data collation module and configured to store data related to the problem statement. Spec., ¶ 6 (cited by Appellant). As described by Appellant, the claimed data collation system also relates to methods of organizing human behavior, but not to a technology, per se. Appellant contends “the instant claims are directed towards an improved computer graphical user interface (GUI).” App. Br. (citing Spec., ¶¶ 20, 33, 35, and 45). However, none of cited passages disclose technical improvements to a GUI. Nor is a GUI claimed. The present claims are directed towards a system which embodies a method. The Alice Court held that “method claims, which merely require generic computer implementation, fail to transform that abstract idea into a patent-eligible invention.” Alice, 134 S.Ct. 2357. The claims collect data, recognize certain data within the collected data set, and present the data for display, which the courts have recognized as abstract. See Content Extraction & Transmission LLC v. Wells Fargo Bank, N.A., 776 F.3d 1343, 1347 (Fed. Cir. 2014). MPEP § 2106.05(b) Particular Machine Appeal 2019–001248 Application 14/150,735 13 The Bilski machine-or-transformation test is only applicable to method (process) claims. Nonetheless, because the “system” (Claim 1) and “tool” (Claim 14) claims on appeal in the present application embody a method, we analyze the claims according to the “machine” prong of the machine-or-transformation test. Appellant discloses generic computer devices. See Spec. ¶ 6 (“[t]he data management system further comprises memory circuitry coupled to the data collation module and configured to store data related to the problem statement”) and Spec., ¶ 9 (“FIG. 1 is a block diagram of a general purpose computer implemented according to aspects of the present technique”). Nor do we find disclosure of anything other than generic computer hardware or software. Applying the guidance, we conclude Appellant’s claims fail to satisfy the machine prong of the Bilski machine-or-transformation test. MPEP § 2106.05(c) Particular Transformation This section of the MPEP guides: “Another consideration when determining whether a claim recites significantly more is whether the claim effects a transformation or reduction of a particular article to a different state or thing.” “Transformation and reduction of an article to a different state or thing is the clue to the patentability of a process claim that does not include particular machines.” See Bilski, 561 U.S. at 658 (quoting Benson, 409 U.S. at 70). The claims select and analyze certain electronic data. The selection of electronic data is not a “transformation or reduction of an article into a different state or thing constituting patent-eligible subject matter[.]” See In re Bilski, 545 F.3d 943, 962 (Fed. Cir. 2008) (emphasis added); see also Appeal 2019–001248 Application 14/150,735 14 CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1375 (Fed. Cir. 2011) (“The mere manipulation or reorganization of data . . . does not satisfy the transformation prong.”). Applying this guidance here, we conclude Appellant’s method claims fail to satisfy the transformation prong of the Bilski machine-or-transformation test. MPEP § 2106.05(e) Other Meaningful Limitations This section of the MPEP guides: Diamond v. Diehr provides an example of a claim that recited meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment. 450 U.S. 175 . . . (1981). In Diehr, the claim was directed to the use of the Arrhenius equation (an abstract idea or law of nature) in an automated process for operating a rubber-molding press. 450 U.S. at 177-78. . . . The Court evaluated additional elements such as the steps of installing rubber in a press, closing the mold, constantly measuring the temperature in the mold, and automatically opening the press at the proper time, and found them to be meaningful because they sufficiently limited the use of the mathematical equation to the practical application of molding rubber products. 450 U.S. at 184, 187 . . . . In contrast, the claims in Alice Corp. v. CLS Bank International did not meaningfully limit the abstract idea of mitigating settlement risk. 573 U.S. . . . . In particular, the Court concluded that the additional elements such as the data processing system and communications controllers recited in the system claims did not meaningfully limit the abstract idea because they merely linked the use of the abstract idea to a particular technological environment (i.e., “implementation via computers”) or were well-understood, routine, conventional activity. MPEP § 2106.05(e). “[T]he relevant question is whether the claims here do more than simply instruct the practitioner to implement the abstract idea . . . on a Appeal 2019–001248 Application 14/150,735 15 generic computer.” Alice, 573 U.S. at 225. Similarly as in Alice, we find that “[t]aking the claim elements separately, the function performed by the computer at each step of the process is ‘[p]urely conventional.’” Id. “In short, each step does no more than require a generic computer to perform generic computer functions.” Id. We find that Appellant’s claims do not add meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment. MPEP § 2106.05(f) Mere Instructions to Apply an Exception Appellant does not persuasively argue that their claims do any more than to merely invoke generic computer components merely as a tool in which the computer instructions apply the judicial exception. MPEP § 2106.05(g) Insignificant Extra-Solution Activity The claims acquire, display, and store data, which are classic examples of insignificant extra-solution activity. See, e.g., Bilski, 545 F.3d at 963 (en banc), aff’d sub nom, Bilski, 561 U.S. 593. MPEP § 2106.05(h) Field of Use and Technological Environment [T]he Supreme Court has stated that, even if a claim does not wholly pre-empt an abstract idea, it still will not be limited meaningfully if it contains only insignificant or token pre- or post-solution activity—such as identifying a relevant audience, a category of use, field of use, or technological environment. Ultramercial, Inc. v. Hulu, LLC, 722 F.3d 1335, 1346 (Fed. Cir. 2013). We find the claims manipulate problem data which is simply a field of use that attempts to limit the abstract idea to a particular technological environment. We do not find Appellant’s arguments to be persuasive because “[t]he courts Appeal 2019–001248 Application 14/150,735 16 have also identified examples in which a judicial exception has not been integrated into a practical application.” Revised Guidance, 84 Fed. Reg. 55. The claims fail to recite a practical application where the additional element does more than generally link the use of a judicial exception to a particular technological environment or field of use. Id. The mere application of an abstract idea in a particular field is not sufficient to integrate the judicial exception into a practical application. See id. at 55 n.32. In view of the foregoing, we conclude the claims are “directed to” a judicial exception. 3. Well-understood, routine, conventional Because the claims recite a judicial exception and do not integrate that exception into a practical application, we must then reach the issue of whether the claim adds a specific limitation beyond the judicial exception that is not “well-understood, routine, conventional” in the field. Revised Guidance, 84 Fed. Reg. 56. The written description describes the claimed computer system consistent with its being “well-understood, routine, [and] conventional:” Depending on the desired configuration, processor 14 may be of any type including but not limited to a microprocessor (μP), a microcontroller (μC), a digital signal processor (DSP), or any combination thereof. Spec., ¶ 23. Depending on the desired configuration, system memory 16 may be of any type including but not limited to volatile memory (such as RAM), non- volatile memory (such as ROM, flash memory, etc.) or any combination thereof. System memory 16 may include an operating system 30, one or more data collation module 32 and data 34. Spec., ¶ 24. Appeal 2019–001248 Application 14/150,735 17 4. Specified at a high level of generality It is indicative of the absence of an inventive concept where the claims simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception. Revised Guidance, 84 Fed. Reg. 56. The claims fail to recite any specific steps of an algorithm, nor does Appellant cite any Specification disclosure for the required specificity. We find the limitations are specified at such a high level of generality consistent with the absence of an inventive concept. Considering the claim limitations as an ordered combination adds nothing to the abstract idea that is not already present when the limitations are considered separately. See Mayo, 566 U.S. at 79. The ordered combination of limitations amounts to nothing more than certain mental processes implemented with generic computer components that operate “in a conventional way.” See also Alice, 573 U.S. at 225–26. Therefore, we conclude that none of the claim limitations, viewed “both individually and as an ordered combination,” amount to significantly more than the judicial exception in order to sufficiently transform the nature of the claims into patent-eligible subject matter. See Alice, 573 U.S. at 217 (quotations omitted) (quoting Mayo, 566 U.S. at 79). In view of the foregoing, we sustain the rejection of claims 1–20 under 35 U.S.C. § 101. Appeal 2019–001248 Application 14/150,735 18 CONCLUSION In summary: Claims Rejected 35 U.S.C.§ Basis Affirmed Reversed 1–20 101 Eligibility 1–20 14–20 101 Eligibility 14–20 Overall Outcome 1–20 No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv). See 37 C.F.R. § 41.50(f). AFFIRMED Copy with citationCopy as parenthetical citation