CTFR 17/840,761 CTFR 77633 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because a machine-readable storage hardware storage device includes embodiments that are not directed to any of the statutory categories such as transitory forms of signal transmission (See MPEP 2106.03, subsection I). Claims 1-10, 21-24 and 27 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Per step 1 of the Subject Matter Eligibility Test (MPEP 2106, subsection III), claim 1 is directed to a method or process and thus falls within a statutory category. Per step 2A, prong 1, Claim 1 recites obtaining a scanning electron microscopy (SEM) image of the source rock sample; obtaining pyrolysis data from the source rock sample; and using the pyrolysis data from the source rock sample to correct porosity data obtained from the scanning electron microscopy image of the source rock sample (OsEM) to determine the adjusted porosity (AdjSEM) of the source rock sample, wherein the pyrolysis data comprise at least one member selected from the group consisting of a volume productivity index (PI,,l) of the source rock sample and a corrected volume productivity index (PI corrvo) of the source rock sample. The correction is accomplished using a mathematical calculation, and claim 1 falls into the mathematical concepts grouping (See MPEP 2106.04(a)(2)). Claim 1 does not recite any additional elements. Per Step 2A, prong 2, the judicial exception is not integrated into a practical application because claim 1 does not recite any additional elements. Claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because claim 1 does not recite any additional elements. Claims 2-4 8, 21-24 and 27 only recite further details of the abstract idea and also do not recite any additional elements. Therefore, claims 2-4 are rejected for the same reason. Claim 5 recites the additional element that the source rock sample is cleaned using a solvent. This limitation is a field of use limitation because it does not amount to more than generally linking the abstract idea to a field of use and does not integrate the abstract idea into a practical application (See MPEP 2106.059(h)). This limitation is not significantly more than the abstract idea for the same reason. Claims 6 and 7 depend from claim 5 and do not recite any further additional elements. Therefore claims 5-7 are rejected for the same reason. Claims 9 and 10 depend from claim 1. Both claims 9 and 10 recite a machine-readable hardware storage device. Claim 10 recites a processing device. Both of these additional elements amount to instructions to implement the abstract idea on a computer, which is mere instructions to apply the exception (See MPEP 2106.05(f)). This limitation does not integrate the abstract idea into a practical application and is not significantly more than the abstract idea. Therefore, claims 9 and 10 are rejected for the same reason. Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 25 and 2 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Response to Arguments 07-37 AIA Applicant's arguments filed 1 May 2026 with regard to the rejections under 35 U.S.C. 101 have been fully considered but they are not persuasive. With regard to the rejection of claim 9 under 35 U.S.C. 101 for being directed to non-statutory subject matter, Applicant states that claim 9 recites a non-transitory physical storage medium and does not encompass embodiments that include transitory forms of signal transmission. Claim 9 is directed to one or more machine-readable hardware storage device. Claim 9 does not exclude embodiments that include signal transmission or hardware that may be used to transmit signals. With regard to the rejection of claims 1-10 under 35 U.S.C. 101 for being directed to an abstract idea without significantly more, Applicant states that claim 1 involves features that can only be performed in a laboratory and these features are intimately involved in a practical application of the claimed method. Applicant states that claim 1 recites features including: obtaining a scanning electron microscopy (SEM) image of the source rock sample; obtaining pyrolysis data from the source rock sample. However, the claim limitations only require obtaining an SEM image and pyrolysis data from a source rock. The claim does not recite limitations for any laboratory procedures or measurement images. The data may be obtained in any manner such as entering into an interface or being retrieved from memory. The rejection only asserts that the claims recite limitations that fall into the mathematical concepts grouping. Applicant states that amended claim 1 does not recite mathematical relationships, mathematical formulas or equations or mathematical calculations. However, the recite claim limitations are only disclosed as being accomplished using mathematical equations (Specification pages 2-4, 7-10). It is noted that newly added claims 25 and 26 recite specific actions that are performed to the source rock which integrate the abstract idea into a practical application . 07-38-01 AIA Applicant’s arguments, see page 11 , filed 1 May 2026 , with respect to claims 1-10 have been fully considered and are persuasive. The rejection under 35 U.S.C. 103 of claims 1-10 has been withdrawn. Conclusion 07-39 AIA THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANUEL L BARBEE whose telephone number is (571)272-2212. The examiner can normally be reached M-F: 9-5:30.. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby A Turner can be reached at 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MANUEL L BARBEE/Primary Examiner, Art Unit 2857 Application/Control Number: 17/840,761 Page 2 Art Unit: 2857 Application/Control Number: 17/840,761 Page 3 Art Unit: 2857 Application/Control Number: 17/840,761 Page 4 Art Unit: 2857 Application/Control Number: 17/840,761 Page 5 Art Unit: 2857 Application/Control Number: 17/840,761 Page 6 Art Unit: 2857
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