PATENT ATTORNEY – SAMPLE TEMPLATE DRAFT, NETWORK TOPOLOGY IN DETAILED DESCRIPTION:

Turning now to FIGURE 1, FIGURE 1 depicts one topology 100 for [[title of invention]]. Topology 100 may include one or more data sources 110, information server 120, and client device 140. The elements depicted in topology 100 may be communicatively coupled to each other over network 130.

Network 130 may be a wired or wireless network such as the Internet, an intranet, a LAN, a WAN, a cellular network or another type of network.  It will be understood that network 130 may be a combination of multiple different kinds of wired or wireless networks.

Data sources 110 may be computing devices, such as a general hardware platform servers configured to receive and transmit information over network 130. Data sources 110 may be configured to communicate [[type of third party services, if required. Sometimes 3rd party data is required if so remove this portion]].

Information server 120 may be a computing device, such as a general hardware platform server configured to support mobile applications, software, and the like executed on client computing device 140. Information server 120 may include physical computing devices residing at a particular location or may be deployed in a cloud computing network environment. In this description and the following claims, “cloud computing” may be defined as a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned via virtualization and released with minimal management effort or service provider interaction, and then scaled accordingly. A cloud model can be composed of various characteristics (e.g., on-demand self-service, broad network access, resource pooling, rapid elasticity, measured service, etc.), service models (e.g., Software as a Service (“SaaS”), Platform as a Service (“PaaS”), Infrastructure as a Service (“IaaS”), and deployment models (e.g., private cloud, community cloud, public cloud, hybrid cloud, etc.). Information server 120 may include any combination of one or more computer-usable or computer-readable media. For example, information server 120 may include a computer-readable medium including one or more of a portable computer diskette, a hard disk, a random access memory (RAM) device, a read-only memory (ROM) device, an erasable programmable read-only memory (EPROM or Flash memory) device, a portable compact disc read-only memory (CDROM), an optical storage device, and a magnetic storage device.

In embodiments, information server 120 may include a processing device 160, a communication device 162, a memory device 164, [[name_1 module 166]], [[name_2 module 168]], etc.

Processing device 160 can include memory, e.g., read only memory (ROM) and random access memory (RAM), storing processor-executable instructions and one or more processors that execute the processor-executable instructions. In embodiments where processing device 160 includes two or more processors, the processors may operate in a parallel or distributed manner. Processing device 160 may execute an operating system of information server 120 or software associated with other elements of information server 120.

Communication device 162 may be a device that allows information server 120 to communicate with another device over network 130. Communication device 162 may include one or more wireless transceivers for performing wireless communication and/or one or more communication ports for performing wired communication. In embodiments, communication device 162 may be configured to receive [[type of information]].

Memory device 164 may be a device that stores data generated or received by information server 120. Memory device 164 may include, but is not limited to a hard disc drive, an optical disc drive, and/or a flash memory drive. In embodiments, memory device 164 may be configured to store information received from data sources 110 and/or client device 140. The information stored within memory device 164 may be accessed by other elements of information server 120. In embodiments, memory device 164 may include a plurality of entries [[associated with type of invention]]. [[describe entries within database]].

Name_1 module 166 may be a hardware computing device configured to [[describe module and what it is configured to to, repeat for other modules]].

Client device 140 may be a smart phone, tablet computer, laptop computer, wearable computer, personal data assistant, or any other type of mobile device with a hardware processor that is configured to process instructions and connect to network 130, one or more portions of network 130. Client computing device 140 may include processing device 142, communication device 144, graphical user interface (GUI) 146, [[client_side module 148, etc.]]

Processing device 142 may include memory, e.g., read only memory (ROM) and random access memory (RAM), storing processor-executable instructions and one or more processors that execute the processor-executable instructions. In embodiments where processing device 142 includes two or more processors, the processors may operate in a parallel or distributed manner. Processing device 142 may execute an operating system of client device 140 or software associated with other elements of client device 140.

Communication device 144 may be a device that allows client device 140 to communicate with another device over network 130. Communication device 144 may include one or more wireless transceivers for performing wireless communication and/or one or more communication ports for performing wired communication. In embodiments, communication device 144 may be configured to transmit data associated [[describe data transferred]] to information server

GUI 146 may be a device that allows a user to interact with client device 140. While one GUI is shown, the term “graphical user interface” may include, but is not limited to being, a touch screen, a physical keyboard, a mouse, a camera, a video camera, a microphone, and/or a speaker. GUI 146 may be configured to receive inputs for [[what is GUI used for]] associated with the user. The [[type of information received by GUI]] may be transmitted to information server 120 over network 130.

 

PURPOSE:

The purpose of including detailed language describing the different elements of the network topology of a mobile application patent application are to 1) provide sufficient hardware elements to meet patentability concerns under 35 USC 101, and 2) to provide sufficient details of the invention to meet 35 USC 112. Although there is no one size fits all patent application, by at least using a standard template attorneys and inventors can minimize the amount of time needed to complete a patent application.

 

PATENT ATTORNEY – COMMENTS:

1)     The reason to fully describe the “network” is for Bilski requirements. Recent cases at the patent board of appeals have held that if data is being communicated over a network, then hardware network elements, such as servers must be included. Therefore, this is an easy way to overcome 35 USC 101 rejections (at least for now).

2)     I like to include modules for each different application in a patent application. This is just because it may be easier to identify later, during prosecution what element is performing what. Additionally, by including different modules Applicants are forced to think about what is happening at each and every step.

3)     When drafting full utility applications, I prefer to break these drawings into three different FIGURES. A first high level network overview FIGURE, a second server side FIGURE, and a third client side FIGURE. This is because sometimes arguing what occurs at the client side versus the network side may be a winning argument during patent prosecution. By clearly showing figures that depict what is being done where, these arguments may be flushed out later. Additionally, by making individual FIGURES for each network element, Applicants may be forced to include more data showing what is done at the server side may also be done at the client side, which may broaden out the patent application.