The USPTO is implementing a pilot program called the Deferred Subject Matter Eligibility response.
The point of the program is to defer the whole question of subject matter eligibility until a later stage of patent prosecution.
Deferring subject matter eligibility allows examiners to first see if the invention clears the 112, 102, and 103 hurdles. If it is struck down in one of those categories, then no time is wasted arguing over the more difficult question of the eligibility.
For more information, check out the USPTO page: https://www.uspto.gov/patents/initiatives/patent-application-initiatives/deferred-subject-matter-eligibility-response
Postscript: The program ended on July 30, 2022 and is no longer active. The results were not what was hoped for.
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