I am motivated to understand the abstract idea because I need to understand what (if any) of my claims may be labelled with "abstract idea" and how to word my claims to minimize the probability of such a label.
In my quest to understand the "abstract idea", within the context of USPTO examinations, I found the USPTO guidance: "Identifying Abstract Ideas". I assume that the guidance is a list of cases with claims labeled "abstract ideas".
The invention does have a physical electronic embodiment, however, because software, data-collection, electronic measurement and algorithm processing are involved, I think the claims need to be carefully worded so as to avoid the label?
As I look at the USPTO guidance, I am beginning to wonder if my invention falls into the category should I avoid wording found in that subsection. For example:
- Collecting information, analyzing it, and displaying certain results of the collection and analysis (Electric Power Group)
- Parsing and comparing data (Berkheimer)
- Measuring delivery of real-time information for commercial purposes (Two-Way Media ‘686 patent)
should be avoided / used sparingly so as to minimize the likelihood of a claim being labeled "abstract idea"? Perhaps this a context sensitive or conditional 'profanity'?