Responding to 101 (Patent Eligibility) Rejections
Navigate the Alice/Mayo framework with AI assistance. Identify abstract ideas, demonstrate practical applications, and craft arguments that survive Step 2B analysis.
Identify the 101 Rejection
In the Rejection Resolver, 101 rejections are marked with a purple badge. The card shows which claims are rejected, the alleged abstract idea, and the examiner reasoning under the Alice/Mayo two-step framework.
Understand Alice Step 1
Abigail identifies the abstract idea category the examiner alleges: mathematical concept, certain method of organizing human activity, or mental process. The AI shows the specific claim language the examiner points to.
Review Step 2B Analysis
The AI expert analyzes whether the claim elements -- individually and as an ordered combination -- provide significantly more than the abstract idea. It identifies technical improvements, unconventional steps, and specific machine implementations.
Pro Tip
Arguments showing a "specific improvement to computer technology" or "a particular machine" have the highest success rates in recent PTAB decisions.
Review AI Arguments
Abigail generates multiple argument strategies: (1) The claims are not directed to an abstract idea (Step 1 attack), (2) The claims recite significantly more (Step 2B defense), (3) The claims are analogous to eligible precedent (comparison to favorable case law).
Draft Amendments if Needed
If argument alone is insufficient, Abigail suggests amendments that add technical specificity without introducing new matter. The amendments focus on concrete implementation details that anchor the claims in a specific technology.
Apply to Canvas
Click "Apply to Canvas" on your chosen argument strategy and any amendments. The Canvas populates with a formatted 101 response section including: identification of the rejection, summary of the claims, arguments, and amendments.
Try It Yourself
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