The PTAB confirms in a Honda appeal that system diagnostic inventions do not need to perform an action in response to the diagnostic determination to be patent eligible.
If the Examiner continues to apply the wrong restriction standard in a PCT National Phase application, you may be able to overcome the restriction with a straightforward petition.
Even when claims use the term "means," that does not necessarily mean that they are "means plus function" claims. This new case may give patent prosecutors a few more tricks to pull out during prosecution of what might otherwise be a hopeless case.
Patent drafters beware - the PTAB has found a shortcut to ignore most every if-then controls-related invention if it so desires. Read the post to see some potential countermeasures.