DETAILED ACTION
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 1-9 are pending and 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.
4. Claims 1-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The representative claim 8 recites:
A system for analyzing the driving relationship between ecosystem service and urban agglomeration development, comprising:
a data collection module, an ESV accounting and coefficient revising module, an ESV evolution analysis module, a driving factor analysis module, and a driving path analysis module; wherein
the data collection module is configured to collect data comprising ESV accounting data and ESV driving data;
the ESV accounting and coefficient revising module is configured to calculate an ESV by using an equivalent factor method, and revise an equivalent value coefficient through the ESV accounting data to obtain a revised equivalent value coefficient;
the ESV evolution analysis module is configured to analyze spatial-temporal evolution characteristics of the ESV based on the revised equivalent value coefficient and land use data;
the driving factor analysis module is configured to analyze a driving influence of the ESV driving data on the ESV by using a random forest; and
the driving path analysis module is configured to analyze a driving path of the ESV driving data to the ESV by using a structural equation model.
The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional elements”.
Under step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: process, machine, manufacture, or composition of matter. The above claims are considered to be in a statutory category (process).
Under Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitation that fall into/recite abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject Matter Eligibility Guidance, it falls into the grouping of subject matter that, when recited as such in a claim limitation, covers mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations) and/or mental processes – concepts performed in the human mind including an observation, evaluation, judgement, and/or opinion.
Next, under Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application. In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
This judicial exception is not integrated into a practical application because the additional limitations in the claim are only: a data collection module, an ESV accounting and coefficient revising module, an ESV evolution analysis module, a driving factor analysis module, and a driving path analysis module; wherein the data collection module is configured to collect data comprising ESV accounting data and ESV driving data…and a random forest. The limitations “a data collection module, an ESV accounting and coefficient revising module, an ESV evolution analysis module, a driving factor analysis module, and a driving path analysis module”, are recited at a high level of generality (i.e., as a generic computer structures performing a generic computer functions of collecting, calculating and analyzing information) such that they amount no more than mere instructions to apply the exception using a generic computer components.
Further, the limitation “wherein the data collection module is configured to collect data comprising ESV accounting data and ESV driving data” is recited at a high level of generality (i.e., gathering data using a generic computer component) such that it amounts no more than mere instructions to apply the exception using a computer component.
Furthermore, the claim recites the additional element(s) of using generic AI/ML technology, i.e. “random forest,” to perform data evaluations or calculations, as identified under Prong 1 above. The claim does not recites any details regarding how the “random forest” algorithm is trained. Instead, the claim is found to utilize the AI/ML algorithm as a tool that provides nothing more than mere instructions to implement the abstract idea on a general purpose computer. See MPEP 2106.05(f). Additionally, the use of the “random forest” merely indicates a field of use or technological environment in which the judicial exception is performed. See MPEP 2106.05(h). Therefore, the use of “random forest” to perform steps that are otherwise abstract does not integrate the abstract idea into a practical application. See the 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence; and Example 47, ineligible claim 2.
Finally, under Step 2B, we consider whether the additional elements are sufficient to amount to significantly more than the abstract idea.
Claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as noted above, the additional limitations recited at a high level of generality (i.e., collecting, calculating, and analyzing information using a generic computer components). Further, the additional elements are conventional in the art, as evidenced by the art of record (see, Lin et al. CN 114398951 A (hereinafter, Lin), (Abstract, and Pages 2 and 10), and Mao et al. CN 113657939 A (hereinafter, Mao) (pages 9 and 12). Therefore, claim 8 is directed to an abstract idea without significantly more.
The claim is not patent eligible.
Dependent claims 2-7, add further details of the identified abstract idea. The claims are not patent eligible.
Independent claim 1, the claim is rejected with the same rationale as in claim 8.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
5. Claims 8-9 in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) Claim 8 limitation use the terms “a data collection module, an ESV accounting and coefficient revising module, an ESV evolution analysis module, a driving factor analysis module, and a driving path analysis module” that are generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the terms “a data collection module, an ESV accounting and coefficient revising module, an ESV evolution analysis module, a driving factor analysis module, and a driving path analysis module” or the generic placeholder are modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the terms “a data collection module, an ESV accounting and coefficient revising module, an ESV evolution analysis module, a driving factor analysis module, and a driving path analysis module” or the generic placeholder are not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the terms “a data collection module, an ESV accounting and coefficient revising module, an ESV evolution analysis module, a driving factor analysis module, and a driving path analysis module” in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the terms “a data collection module, an ESV accounting and coefficient revising module, an ESV evolution analysis module, a driving factor analysis module, and a driving path analysis module” in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the terms “a data collection module, an ESV accounting and coefficient revising module, an ESV evolution analysis module, a driving factor analysis module, and a driving path analysis module” are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the terms “a data collection module, an ESV accounting and coefficient revising module, an ESV evolution analysis module, a driving factor analysis module, and a driving path analysis module” are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 103
6. In the event the determination of the status of the application as subject to AlA 35 U.S.C. 102 and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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.
7. Claims 1-4, 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. “Study on the spatial changes concerning ecosystem services value in Lhasa River Basin, China”, September 2021 (hereinafter, Huang), in view of Lin et al. CN 114398951 A (hereinafter, Lin), in further view of Mao et al. CN 113657939 A (hereinafter, Mao).
8. Regarding claim 1, Huang discloses a method for analyzing a driving relationship between ecosystem service and urban agglomeration development, comprising:
collecting data comprising ecosystem service value (ESV) accounting data and ESV driving data (Abstract, page 7830, 2nd col., page 7831, Fig. 3: evaluating the ESV per unit area. Taking into account the different ESVs of different secondary classification systems in the ecological community, we introduce the correction coefficient of ecosystem service value.. to obtain the unit ESV of the secondary classification area (Formula 1) according to the second level classification system (Fig. 2). On the other hand, the ESV and natural capital are also affected by the scarcity of ecosystem services and the dependence of economic and social development on ecosystems ... Therefore, natural factors and socio-economic location factors (i.e., ESV driving data) are introduced to clarify the differences between natural and socio-economic conditions in the basin);
calculating an ESV by using an equivalent factor method, and revising an equivalent value coefficient through the ESV accounting data to obtain a revised equivalent value coefficient (page 7830, 2nd col., page 7831, Fig. 3: evaluating the ESV per unit area. Taking into account the different ESVs of different secondary classification systems in the ecological community, we introduce the correction coefficient of ecosystem service value.. to obtain the unit ESV of the secondary classification area (Formula 1)…. Amendment of ESV of secondary classification units
ESV= ∑ i ∑ j Aij Kij Vij… Aij is the area of type i primary ecological community and type j secondary ecological community. Kij is the correction factor of unit area ESV for type i primary ecological community and type j secondary ecological community. Vij is area ESV of type i primary ecological community and type j secondary ecological community unit. The results of revising the ecosystem service value per unit area are shown in Table S2. See also page 7836, Tables 2, 3);
analyzing spatial-temporal evolution characteristics of the ESV based on the revised equivalent value coefficient and land use data (pages 7831-7832, 7838: the temporal and spatial changes of ecosystem services, focusing on the impact of natural factors on ecosystem supply, or on the correlation between land use and the value of ecosystem services through temporal changes. The value of ecosystem services obtained through the revised calculation of natural and socio-economic location factors confirms that different regions have varying degrees of scarcity of ecosystem services due to the specific level of economic and social development, thus affecting the changes in ecosystem service values. See also pages 7836, 7839);
analyzing a driving influence of the ESV driving data on the ESV (Abstract, page 7830-7831, Fig. 3).
Huang does not disclose:
analyzing the ESV by using a random forest; and analyzing a driving path of the ESV driving data to the ESV by using a structural equation model.
However, Lin discloses:
analyzing the ESV by using a random forest (Abstract, page 3).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Huang to use analyzing the ESV by using a random forest as taught by Lin. The motivation for doing so would have been in order to improve identification of a driving data on ecosystem service value (Lin, page 3).
Huang in view of Lin does not disclose:
analyzing a driving path of the ESV driving data to the ESV by using a structural equation model.
However, Mao discloses:
analyzing a driving path of the ESV driving data to the ESV by using a structural equation model (page 9 and page 11, section 3. Structural equation mode).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Huang in view of Lin to use analyzing a driving path of the ESV driving data to the ESV by using a structural equation model as taught by Mao. The motivation for doing so would have been in order to determine ecosystem service value accurately (Mao, page 11).
9. Regarding claim 8, the claim is rejected with the same rationale as in claim 1.
10. Regarding claim 2, Huang in view of Lin in view of Mao disclose the method for analyzing the driving relationship between ecosystem service and urban agglomeration development according to claim 1, as disclosed above.
Huang further discloses wherein the ESV driving data comprises human activity data and natural condition data (page 7830, 2nd col., page 7831, Fig. 3).
11. Regarding claim 3, Huang in view of Lin in view of Mao disclose the method for analyzing the driving relationship between ecosystem service and urban agglomeration development according to claim 1, as disclosed above.
Huang further discloses wherein the human activity data comprises population density and land use structure (pages 7831, 7838, and Fig. 3), and the natural condition data comprises elevation, grade, normalized difference vegetation index, precipitation, temperature (pages 7829, 7835, Fig. 3). In addition, Huang discloses geological disasters, soil erosion, and seasonal floods are the high incidence of natural disasters in the Lhasa River Basin. Therefore, we carried out water and soil erosion, land desertification, and geological hazard sensitivity assessments to divide the sensitive areas of the basin (pages 7831-7832, Fig. 3 (Natural Ecological factor index and socioeconomic location factors)). Furthermore, Mao discloses the terrain is northwest high and southeast low; belongs to a semi-arid climate area in a cold temperature zone in a plateau, and has low air pressure, long sunshine and large day and night temperature difference (see, page 10), and the wetland provides a plurality of ecosystem services such as air purification, environment beautification, water source purification and the like for surrounding residents (see, page 7). Huang in view of Lin in view of Mao does not disclose PM.sub.2.5 concentration and drainage density. However, PM.sub.2.5 concentration and drainage density would have been obvious to one ordinary skill in the art based on the teaching of Huang in view of Lin in view of Mao as disclosed above.
12. Regarding claim 4, Huang in view of Lin in view of Mao disclose the method for analyzing the driving relationship between ecosystem service and urban agglomeration development according to claim 1, as disclosed above.
Huang further discloses wherein a calculation process of the ESV is as follows:
ESV=Σj=1 Σi=1 Ai × Ei,j ×E j ; wherein ESV is ecosystem services value, Ei,j represents a
jth ESV coefficient of an ith ecosystem type, Ai is an area of an ith type of ecosystem, and E j is an ecosystem service equivalent of a jth type of ecosystem after regional correction, E j =λ. Eoj; and λ is a region correction coefficient of the ecosystem service equivalent, and Eoj is a national average ecosystem service equivalent of the jth type of ecosystem (page 7830, 2nd col., and page 7831, Formula or Equation (1), Fig. 3).
13. Regarding claim 7, Huang in view of Lin in view of Mao disclose the method for analyzing the driving relationship between ecosystem service and urban agglomeration development according to claim 1, as disclosed above.
Huang further discloses quantitatively measuring an interaction relationship among influencing factors of the ESV and a direct or indirect driving effect of the interaction relationship on the ESV (Abstract, pages 7830-7831, Fig. 3, Table 4).
Huang in view of Lin does not disclose:
a structural equation model.
However, Mao discloses:
a structural equation model (page 9 and page 11, section 3. Structural equation mode).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Huang in view of Lin to use a structural equation model as taught by Mao. The motivation for doing so would have been in order to determine ecosystem service value accurately (Mao, page 11).
14. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Huang, in view of Lin, in view of Mao, in further view of Ye et al. CN 106503458 B (hereinafter, Ye).
15. Regarding claim 5, Huang in view of Lin in view of Mao disclose the method for analyzing the driving relationship between ecosystem service and urban agglomeration development according to claim 1, as disclosed above.
Lin further discloses a random forest and calculate the importance score of the variable, and ranking the importance of the driving factors according to the score (Abstract, page 3).
Huang in view of Lin in view of Mao does not disclose:
wherein in the random forest, an importance of a variable is estimated by an out-of-bag error sample with the following formula: Imp(Var,) = Σj=1 (errOOB2i,j- errOOB1i,j)/n ; wherein Imp(Var,) is the importance of variable i, errOOB1i,j is an error calculated according to out-of-bag data of the variable i in CARTj, errOOB2i,j is an error calculated according to the out-of-bag data of the variable i in CARTj plus noise interference, and n is a number of CART.
However, Ye discloses:
wherein in the random forest, an importance of a variable is estimated by an out-of-bag error sample with the following formula: Imp(Var,) = Σj=1 (errOOB2i,j- errOOB1i,j)/n ; wherein Imp(Var,) is the importance of variable i, errOOB1i,j is an error calculated according to out-of-bag data of the variable i in CARTj, errOOB2i,j is an error calculated according to the out-of-bag data of the variable i in CARTj plus noise interference, and n is a number of CART (Abstract, pages 2-3 (machine-translation document). See also the Formula or Equation in [0009], [0026] (original document)).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Huang in view of Lin in view of Mao to use wherein in the random forest, an importance of a variable is estimated by an out-of-bag error sample with the following formula: Imp(Var,) = Σj=1 (errOOB2i,j- errOOB1i,j)/n ; wherein Imp(Var,) is the importance of variable i, errOOB1i,j is an error calculated according to out-of-bag data of the variable i in CARTj, errOOB2i,j is an error calculated according to the out-of-bag data of the variable i in CARTj plus noise interference, and n is a number of CART as taught by Ye. The motivation for doing so would have been in order to apply the importance of variable methodology of temperature data quality control system as known in the art and as taught by Ye in an ecosystem service system such as that of Huang, Lin, and Mao, thereby, analyzing the ecosystem service value efficiently (Ye, Abstract).
16. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Huang, in view of Lin, in view of Mao, in further view of Lefcheck “Piecewise SEM: Piecewise structural equation modelling in R for ecology, evolution, and systematics”, 2016 (hereinafter, Lefcheck).
17. Regarding claim 6, Huang in view of Lin in view of Mao disclose the method for analyzing the driving relationship between ecosystem service and urban agglomeration development according to claim 1, as disclosed above.
Huang in view of Lin does not disclose:
wherein the structural equation model is a piecewise structural equation model, the driving path of the ESV driving data is normalized by linear fitting a grouping model, and then an explanation degree of overall fitting of the piecewise structural equation model is evaluated by using Shipley's test of separation.
However, Mao discloses:
wherein the structural equation model, and the driving path of the ESV driving data is normalized by linear fitting a grouping model (pages 9 and 14).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Huang in view of Lin to use wherein the structural equation model, and the driving path of the ESV driving data is normalized by linear fitting a grouping model as taught by Mao. The motivation for doing so would have been in order to determine ecosystem service value accurately (Mao, page 11).
Huang in view of Lin in view of Mao does not disclose:
an explanation degree of overall fitting of the piecewise structural equation model is evaluated by using Shipley's test of separation.
However, Lefcheck discloses:
an explanation degree of overall fitting of the piecewise structural equation model is evaluated by using Shipley's test of separation (pages 574-576 (2nd column)).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Huang in view of Lin in view of Mao to use an explanation degree of overall fitting of the piecewise structural equation model is evaluated by using Shipley's test of separation as taught by Lefcheck. The motivation for doing so would have been in order to resolve complex multivariate relationships among a suite of interrelated variables (Lefcheck, page 573).
18. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Huang, in view of Lin, in view of Mao, in further view of Li et al. “Impact of Land Use/Cover Change on Yangtze River Delta Urban Agglomeration Ecosystem Services Value: Temporal-Spatial Patterns and Cold/Hot Spots Ecosystem Services Value Change Brought by Urbanization”, 2018 (hereinafter, Li).
19. Regarding claim 9, Huang in view of Lin in view of Mao disclose the system for analyzing the driving relationship between ecosystem service and urban agglomeration development according to claim 8, as disclosed above.
Huang further discloses wherein the spatial-temporal evolution characteristics comprise spatial-temporal variation, spatial heterogeneity variation (pages 7832, 7835, 7838). See also Lin (pages 8-9) and Mao (page 3).
Huang in view of Lin in view of Mao does not disclose:
analysis of cold and hot spots.
However, Li discloses:
analysis of cold and hot spots (Abstract).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Huang in view of Lin in view of Mao to use analysis of cold and hot spots as taught by Li. The motivation for doing so would have been in order to detect the high and low values and the degree of clustering of potential ESVs in different regions (Li, page 6).
Conclusion
20. Examiner has cited particular columns and line numbers, and/or paragraphs, and/or pages in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
21. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EYOB HAGOS whose telephone number is (571)272-3508. The examiner can normally be reached on 8:30-5:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Shelby Turner can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Eyob Hagos/
Primary Examiner, Art Unit 2857