DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 1-20 are presented for examination.
Claim Rejections - 35 USC § 101
3. 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.
3.1 Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Is the claim directed to a statutory category?
Yes. The claims are to a method (claim 1), a device (claim 17).
Step 2A- Prong One
The claim(s) recite(s) a system (claim 1), a method (claim 4), a non-transitory medium (claim 5), comprising: The step of: “dividing the horizontal height fields at each horizontal cell of a plurality of horizontal cells over a predefined static terrain into one or more of a fluid layer of the fluid substance, a mixed layer of a mixture of the fluid substance and the granular substance, and a solid layer of the granular substance”; “modeling the time evolution of at least one set of a first depth and a first horizontal velocity of the fluid layer, a second depth and a second horizontal velocity of the fluid substance in the mixed layer, and a third depth and a third horizontal velocity of the granular substance in each horizontal cell under a shallow-fluid approximation, using a plurality of mass and momentum conservation operators, in a plurality of sequential time steps, and adopting a splitting discretization scheme with respect to the plurality of mass and momentum conservation operators, the first depth, the second depth, and the third depth forming the horizontal height fields; and generating a visual representation of the time evolution of at least one of the horizontal height fields, the first horizontal velocity, the second horizontal velocity, and the third horizontal velocity for display on a graphical user interface”, under the broadest reasonable interpretation fall under a mathematical concept or otherwise a mental process. Therefore, the claims are directed to an abstract idea, by use of generic computer components and thus are clearly directed to an abstract idea, as constructed.
Step 2A Prong Two
This judicial exception is not integrated into a practical application because the additional limitation such as: “a memory”, “computer instruction”, “a processor”, either alone or in combination, all serve to gather and process data and do not add anything more significantly to the judicial exception, but are mere instructions to apply the exception using a generic computer component that are well known, routine, and conventional activities (see specification at para [0098-0108], and fig.12) which can be of any type, including general-purpose previously known in the industries. Merely adding a programmable computer to perform generic computer functions does not automatically overcome an eligibility rejection. Alice, 573 U.S. at 223-24. Furthermore, the use of a general-purpose computer to apply an otherwise ineligible algorithm does not qualify as a particular machine. See Ultramerciallnc. v. Hulu, LLC, 772F.3d 709, 716-17 (Fed. Cir. 20l4); In re TLI Commc 'ns LLC v. AV Automotive, LLC, 823 F.3d 607, 613 (Fed. Cir. 2016) (mere recitation of concrete or tangible components is not an inventive concept); Eon Corp. IP Holdings LLC v. AT&T Mobility LLC, 785; that are well-known, routine and conventional activities and are not sufficient to amount to significantly more than the judicial exception (See further MPEP 2106.05(d)(i-iv)-f); thus are not patent eligible under 35 USC 101.
Step 2B
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as previously discussed above with reference to the integration of abstract idea into a practical application, the additional elements of: “a memory”, “computer instruction”, “a processor”, either alone or in combination, all serve to gather and process data and do not add anything more significantly to the judicial exception, but are mere instructions to apply the exception using a generic computer component that are well known, routine, and conventional activities (see specification at para [0098-0108], and fig.12) which can be of any type, including general-purpose previously known in the industries. Merely adding a programmable computer to perform generic computer functions does not automatically overcome an eligibility rejection. Alice, 573 U.S. at 223-24. Furthermore, the use of a general-purpose computer to apply an otherwise ineligible algorithm does not qualify as a particular machine. See Ultramerciallnc. v. Hulu, LLC, 772F.3d 709, 716-17 (Fed. Cir. 20l4); In re TLI Commc 'ns LLC v. AV Automotive, LLC, 823 F.3d 607, 613 (Fed. Cir. 2016) (mere recitation of concrete or tangible components is not an inventive concept); Eon Corp. IP Holdings LLC v. AT&T Mobility LLC, 785; that are well-known, routine and conventional activities and are not sufficient to amount to significantly more than the judicial exception (See further MPEP 2106.05(d)(i-iv)-f); thus are not patent eligible under 35 USC 101. Therefore, using computer components amount to no more than mere instructions to perform the abstract, and thus are not sufficient to amount to significantly more than the recited abstract, as constructed.
3.2 Dependent claims 2-16, 18-20 merely include limitations pertaining to: (claims 2 and 18) “wherein modeling the time evolution of at least one set of the first depth and the first horizontal velocity, the second depth and the second horizontal velocity, and the third depth and the third horizontal velocity in each horizontal cell comprises: modeling the first depth and the first horizontal velocity of the fluid layer in each horizontal cell with a first set of dynamic equations based on a continuity operator and a first momentum exchange force operator”; “modeling the second depth and the second horizontal velocity of the fluid substance in the mixed layer in each horizontal cell with a second set of dynamic equations based on the continuity operator, a diffusion mass transfer operator, a gravity force operator, a diffusion force operator, and a second momentum exchange force operator”; “modeling the third depth and the third horizontal velocity of the granular substance with a third set of dynamic equations based on the continuity operator, the gravity force operator, an elastoplastic force operator, a third momentum exchange force operator, and a friction force operator due to the predefined static terrain; and generating the time evolution of at least one set of the first depth and the first horizontal velocity, the second depth and the second horizontal velocity, and the third depth and the third horizontal velocity at each of the plurality of sequential time steps based on the first set of dynamic equations, the second set of dynamic equations, and the third set of dynamic equations, using the splitting discretization scheme with respect to at least two of the continuity operator, the diffusion mass transfer operator, the gravity force operator, the diffusion force operator, the momentum exchange force operators, the elastoplastic force operator, and the friction force operator at each sequential time step” (mathematical concept). (claim 3); “wherein the continuity operator is applied to dynamically model the first depth, the second depth, and the third depth and configured to account for mass change due to horizontal flows of the fluid substance in the fluid layer, the fluid substance in the mixed layer, and the granular substance, respectively” (mathematical concept); (claim 4); “wherein the gravity force operator is applied to dynamically model the first horizontal velocity, the second horizontal velocity, and the third horizontal velocity to account to horizontal force component of gravity on each of the fluid layer, the fluid substance in the mixed layer, and the granular substance” (mathematical concept); (claim 5); “wherein the first moment exchange force operator is applied to dynamically model the first horizontal velocity of the fluid substance in the fluid layer and is configured to account for a first momentum exchange to the fluid substances in the fluid layer of a current horizontal cell from the mixed layer in neighboring horizontal cells” (mathematical concept); (claim 6); “wherein the diffusion mass transfer operator is applied to dynamically model the second depth in the mixed layer to account for a diffusion of the fluid substance relative to the granular substance in the mixed layer” (mathematical concept); (claim 7) “wherein the diffusion force operator is applied to dynamically model the second horizontal velocity of the fluid substance in the mixed layer to account for a diffusive force resulting from the fluid substance diffusing relative to the granular substance in the mixed layer” (mathematical concept); (claim 8) “wherein the second moment exchange force operator is applied to dynamically model the second horizontal velocity of the fluid substance in the mixed layer to account for a second momentum exchange to the fluid substances in the mixed layer of a current horizontal cell from a combination of the fluid substance in the fluid layer and the granular substance in the mixed layer and the solid layer in neighboring horizontal cells” (mathematical concept); (claim 9) “wherein the elastoplastic force operator is applied to dynamically model the third horizontal velocity of the granular substance in the mixed layer, and is derived from a stress in the granular substance depending on a deformation gradient and an elastic energy density in the granular substance” (mathematical concept); (claim 10) “wherein the stress is configured as being limited according to a cohesion between grains of the granular substance” (mathematical concept or otherwise a mental process), (claim 11); “wherein the cohesion between grains of the granular substance is modeled as a piecewise function of a saturation level of the fluid substance mixed with the granular substance” (mathematical concept); (claim 12) “wherein the third moment exchange force operator is applied to dynamically model the third horizontal velocity of the granular substance to account for a third momentum exchange to the granular substance in the mixed layer and the solid layer of a current horizontal cell from the mixed layer in neighboring horizontal cells” (mathematical concept); neither claims 13-16 nor 18-20 [13. “wherein the friction force operator is applied to dynamically model the third horizontal velocity of the granular substance to account for a frictional drag of the predefined static terrain on the granular substance”. 14 and 19. “ wherein the splitting discretization scheme at each time step for updating the first depth, the first horizontal velocity, the second depth, and the second horizontal velocity comprises sequentially performing: updating the first depth and the first horizontal velocity using the first set of dynamic equations and accounting only for the diffusion mass transfer operator and the diffusion force operator; integrating the first depth and the second depth respectively using the first set of dynamic equations and the second set of dynamic equations, and accounting only for the continuity operator; and integrating the first horizontal velocity and the second horizontal velocity respectively using the first set of dynamic equations and the second set of dynamic equations, and accounting only for the gravity force operator and the second momentum exchange force operator”. 15 and 20. “ wherein the splitting discretization scheme at each of the plurality of sequential time steps for updating the third depth and the third horizontal velocity comprises iteratively performing the following in one or more sub time steps: updating the third depth using the third set of dynamic equations and accounting only for the continuity operator; performing a deformation gradient evolution of the third horizontal velocity using the third set of dynamic equations and accounting only for the elastoplastic force operator; integrating the third horizontal velocity using the third set of dynamic equations and accounting only for the gravity force operator and the third momentum exchange force operator; updating the third horizontal velocity using the third set of dynamic equations accounting only for the friction force operator; and integrating the first horizontal velocity and the second horizontal velocity using the first set of dynamic equations and the second set of dynamic equations accounting only for the gravity force operator and the second momentum exchange force operator. 16. “wherein the splitting discretization scheme comprises updating the time evolution of the fluid substance and the granular substance asynchronously with the time evolution for the granular substance updated more frequently”] recite any limitations that go beyond the recited abstract as applied above and thus amount to further mathematical concept and/or mental process similar to that already recited by the independent claims and already addressed above and thus are further not patent eligible under 35 USC 101.
Claim Rejections - 35 USC § 103
4. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
4.0 Claim(s) 1 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Chentanez et al. (US Patent No. 8,878,856), in view of Zhu et al. (Shallow Sand Equations: Real-Time Height Field Simulation of Dry Granular Flows, 2020 (12 pages); submitted in the IDS of 04/03/2024).
4.1 In considering claims 1 and 17, Chentanez et al. teaches a method for computer generation of a time evolution of horizontal height fields involving a fluid substance and a granular substance (Abstract; col 2, lines 7-13 - depicting a body of water utilizing a height field and particles. in use, content depicting a body of water is identified. Additionally, a height field is generated for the content. Furthermore, at least a portion of the height field is converted to a plurality of particles based on predetermined criteria; water in combination with a solid body), comprising:
modeling the time evolution of at least one set of a first depth and a first horizontal velocity of the fluid layer, a second depth and a second horizontal velocity of the fluid substance in the mixed layer, and a third depth and a third horizontal velocity of the granular substance in each horizontal cell under a shallow-fluid approximation, using a plurality of mass and momentum conservation operators, in a plurality of sequential time steps (col.2 lines 7-46; col.2 lines 54-61; col.4 lines 29-60 the content may be identified in response to a determination that the content is currently being displayed by a display device. Thus, only content being displayed by a display device (e.g. computer monitor, television, etc.) may be identified, as an option; the body of water may include any region of liquid, such as a lake, ocean, etc. Further, the solid body may include any region of solid mass, such as a mountain, rock; a height field is generated for the content. Note operation 104. With respect to the present description, the height field may include a data structure storing surface values for the content, such as height values from a base (e.g. "floor") value and velocity values at that point; generating the height field may include simulating the height field for the content. Various known techniques may be utilized for generating the height field, such as the shallow water equations (SWE); only portions of the height field representing portions of the body of water that meet the predetermined criteria may be identified and converted to the particles; h is the depth of the water, H is the y-coordinate of the terrain on the bottom surface (underneath the water), =H+h is the y-coordinate of the water surface, v=(u, w) is the horizontal velocity of the fluid, 9 is gravity and aext is an external acceleration. Further, D is the material derivative operator. The equations shown in Table 1 describe conservation of mass and conservation of momentum), and adopting a splitting discretization scheme with respect to the plurality of mass and momentum conservation operators, the first depth, the second depth, and the third depth forming the horizontal height fields (see fig.1(104) generation of height and fig.2(212) in operation 212, the height field and the particles are rendered. col.4 lines 29-60 the simulation domain is discretized with a staggered grid where the heights hi.j and HIJ are stored at the cell centers and the velocities components ul+1/2j, wi,j+1/2 on faces, for example, as described in "Shallow water discretization" by R. Bridson (lecture notes animation physics, university of British Columbia, 2005). A time-splitting technique may be employed by first solving the self-advection of the velocity field and then integrating the height field and velocity field forward in time); and generating a visual representation of the time evolution of at least one of the horizontal height fields, the first horizontal velocity, the second horizontal velocity, and the third horizontal velocity for display on a graphical user interface (col.4 lines 29-60; col 13, lines 33-42; col.14, lines 1-25 the height field may be rendered with an additional displacement map that represents small waves with wave lengths below the resolution of the height field. It should be noted that while such technique is described in the context of FIG. 1(104) and fig.2(212), the technique may be implemented for any desired content depicting a body of water that includes waves; decreasing X further may not be an option because this may increase the number of cells and require a smaller time step t for a stable simulation; The grid spacing and time steps may be denoted by X and t, respectively; Still yet, as shown in operation 212, the height field and the particles are rendered. For example, after a timestep, a newly updated state of the height field and the particles may have been generated (based on the calculations described above). Such newly updated height field and particles may therefore be rendered. in one embodiment, the height field and particles may be rendered to convey the complex flow features of the body of water and to enhance the surface details of the body of water). However, he does not expressly teach the step of dividing the horizontal height fields at each horizontal cell of a plurality of horizontal cells over a predefined static terrain into one or more of a fluid layer of the fluid substance, a mixed layer of a mixture of the fluid substance and the granular substance, and a solid layer of the granular substance; a second depth and a second horizontal velocity of the fluid substance in the mixed layer, and a third depth and a third horizontal velocity of the granular substance.
Zhu et al. teaches dividing the horizontal height fields at each horizontal cell of a plurality of horizontal cells over a predefined static terrain into one or more of a fluid layer of the fluid substance (simulate a dry granular media by dividing it into two layers (intro)), a mixed layer of a mixture of the fluid substance and the granular substance, and a solid layer of the granular substance (page 3, col 1-2 - simulate a dry granular media by dividing it into two layers: a dilute layer wherein particles can flow freely like a fluid, and a dense layer wherein particles behave as a solid; In the dilute layer (left bottom of page 3), we further assume the pressure magnitude is proportional to the sand depth, similar to a shallow water. in the dense layer, we assume the pressure magnitude is constant and independent of the sand depth. similar to a rigid body); a second depth and a second horizontal velocity of the fluid substance in the mixed layer, and a third depth and a third horizontal velocity of the granular substance (page 3, col.1-2; page 4, col 1 the vertical coordinate of the water surface which can be expressed as the sum of the water depth h and the ground elevation b, i.e., S = h + b. u and V are the horizontal velocities of the fluid and g is the gravity; horizontal length scale, indicating that the horizontal velocity can be assumed to be constant along the depth of the fluid; aware that U and V represent the depth-averaged velocities).
Chentanez et al. and Zhu et al. are analogous art because they are from the same field of endeavor and that the model analyzed by Zhu et al. is similar to that of Chentanez et al. Therefore, it would have been obvious to a person of skilled in the art at the time of filing of the applicant’s invention to combine the method of Zhu et al. with that of Chentanez et al. since the the multiple layers taught by Zhu would lead to the generation a model in real-time simulation of flow dynamics of a multi-phase mixture of a fluid and a granular substance because Zhu et al. teaches the improvement of simulation efficiency (right column of page 2).
Allowable Subject Matter
5. Claim 2-16, 18-20 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.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
6.1 Vanderheyden et al. (USPG_PUB No. 2013/0096890) teaches a computer system and method of simulating the behavior of an oil and gas reservoir including changes in the margins of frangible solids.
6.2 Shim (US Patent No. 12,014,292) teaches a method for optimally simulating fluid flow around a real object by (a) defining an initial state of a simulation space having a plurality of lattices with nodes.
6.3 Lu (US Patent No. 8,805,655) teaches a numerical method for simulating subsonic flows and solving inverse problems based on the new two-dimensional Euler equations in Lagrangian formulation.
7. Claims 1-20 are rejected and this action is non-final. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE PIERRE-LOUIS whose telephone number is (571) 272-8636. The examiner can normally be reached M-F 9:00 AM-5:00 PM.
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/ANDRE PIERRE LOUIS/Primary Patent Examiner, Art Unit 2187 August 6, 2026
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