Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Status of the Application
This Office Action is in response to Applicant’s 371 Application filed on 6/22/2023, and subsequent Preliminary Amendment filed 6/22/2023.
Claims 1-23 are pending for this examination.
Claims 1-23 were amended.
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d).
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Amendment to Specifications
The amendments to the specification received on 6/22/2023 are acceptable.
Amendment to Abstract
The amendments to the abstract received on 6/22/2023 are acceptable.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 6/22/2023; and 9/08/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
It should be noted that in the IDS dated 6/22/2023, Non-Patent Literature Documents 5 (A.EL RHAMMAD) and 6 (K. VISWANATHAN) where not considered as there was no corresponding documents filed with the IDS found in the IFW for the case. However, Examiner does note that Applicants have filed these references again with the corresponding documents in the IDS dated 9/08/2023, and thus were considered that that IDS instead.
Claim Rejections - 35 U.S.C. § 101
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 21-23 are 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 “data flow” is not a process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. More specifically, data flow as Examiner understands the term refers to the transfer of data, however in looking at independent claim 21, it can be seen that there is no structural elements and this claim literally seems to be claiming sets of data and nothing more, hence the claim itself can just be construed as sets of data, or a program per se, which does not fall under the statutory subject matter eligible for patenting.
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 independent claims recite a mathematical concept (i.e. mathematical relationships, formulas or equations, mathematical calculations) which can be performed by person via pen and paper or via the human mind in the determining / calculating / computing of raw values, refinement values, and coefficients, followed by transferring / transmitting them.
Regarding claim 1, under the Alice framework Step 1, the claim recites a method claim for transmitting a digital hologram.
Under the Alice framework Step 2A prong 1, claim 1 recites an abstract idea in the grouping of mental processes. The claim recites steps for determining raw values, refinement values, and coefficients as shown below in underlined text:
Claim 1. A method for transmitting data representing a digital hologram comprising:
determining raw values of a group of parameters, each said raw value being determined from a discrete set of predetermined values, said raw values being determined in such a way that a first scalar product between said digital hologram and a first decomposition wavelet characterized by said raw values is maximum;
computing, for each parameter of said group of parameters, a refinement value as a function of a scalar product of derivation determined on the basis of a scalar product between said digital hologram and a derivative of said first decomposition wavelet relative to said parameter;
determining a coefficient on the basis of a second scalar product between said hologram and a second decomposition wavelet characterized by fine values obtained by a combination of said raw values and said refinement values; and
transmitting:
data representing said refinement values;
said coefficient
Examiner points out that the determine and computing steps in the method is something that can be taught and done in mathematics and a person of ordinary skill in the art would understand that calculations can be done with paper and pencil which falls under the abstract idea in the grouping of mental processes (concepts performed in the human mind including an observation, evaluation, judgement, opinion). Thus, Examiner asserts that performing a mathematics calculation / operation is something which can be done with a combination of mentally calculation and/or with paper and pencil, which falls under the mental process category.
Under the Alice framework 2A prong 2 analysis, claim 1 recites the following additional elements shown below in underlined text:
Claim 1. A method for transmitting data representing a digital hologram comprising:
determining raw values of a group of parameters, each said raw value being determined from a discrete set of predetermined values, said raw values being determined in such a way that a first scalar product between said digital hologram and a first decomposition wavelet characterized by said raw values is maximum;
computing, for each parameter of said group of parameters, a refinement value as a function of a scalar product of derivation determined on the basis of a scalar product between said digital hologram and a derivative of said first decomposition wavelet relative to said parameter;
determining a coefficient on the basis of a second scalar product between said hologram and a second decomposition wavelet characterized by fine values obtained by a combination of said raw values and said refinement values; and
transmitting:
data representing said refinement values;
said coefficient
Under the Alice Framework Step 2B analysis, the claim, considered individually and as an ordered combination does not include additional elements that are sufficient to amount to significantly more than the abstract idea. These additional elements are recited at a high-level of generality. For this specific instance, transmitting data and coefficients doesn’t even have a structural component in the claims, merely the action being done, thus it could be said that this is just a further extension of performing the mental process of mathematical calculations using paper and pencil and giving the paper to someone else. The innovative concept of the claims seems to be in the determination of values and coefficients and transmitting these to other locations / devices which can perform the construction of a digital hologram with these values. However, there lacks any structural component in independent claim 1 which would remove this from the realm of mental processes.
For these reasons, claim 1 does not amount to significantly more than the abstract idea.
Claims 2-8 are rejected for at least the reasons provided with respect to claim 1 listed above.
Regarding claim 9, under the Alice framework Step 1, the claim recites a device for transmitting a digital hologram.
Under the Alice framework Step 2A prong 1, claim 10 recites an abstract idea in the grouping of mental processes. The claim recites performing a transpose operation of a one-dimensional vector as shown below in underlined text:
Claim 9. A device for transmitting a digital hologram comprising: a decomposition module programmed to perform a method comprising:
a) determining raw values of a group of parameters, each said raw value being determined from a discrete set of predetermined values, said raw values being determined in such a way that a first scalar product between said hologram and a first decomposition wavelet characterized by said raw values is maximum;
b) for each parameter of said group, computing a refinement value as a function of a scalar product of derivation determined on the basis of a scalar product between said hologram and a derivative of said first decomposition wavelet relative to said parameter;
c) determining a coefficient on the basis of a second scalar product between said hologram and a second decomposition wavelet characterized by fine values obtained by a combination of said raw values and said refinement values; and
a transmission module configured to transmit:
data representing said refinement values;
said coefficient.
Examiner points out that the determine and computing steps in the method is something that can be taught and done in mathematics and a person of ordinary skill in the art would understand that calculations can be done with paper and pencil which falls under the abstract idea in the grouping of mental processes (concepts performed in the human mind including an observation, evaluation, judgement, opinion). Thus, Examiner asserts that performing a mathematics calculation / operation is something which can be done with a combination of mentally calculation and/or with paper and pencil, which falls under the mental process category.
Under the Alice framework 2A prong 2 analysis, claim 9 recites the following additional elements shown below in underlined text:
Claim 9. A device for transmitting a digital hologram comprising: a decomposition module programmed to perform a method comprising:
a) determining raw values of a group of parameters, each said raw value being determined from a discrete set of predetermined values, said raw values being determined in such a way that a first scalar product between said hologram and a first decomposition wavelet characterized by said raw values is maximum;
b) for each parameter of said group, computing a refinement value as a function of a scalar product of derivation determined on the basis of a scalar product between said hologram and a derivative of said first decomposition wavelet relative to said parameter;
c) determining a coefficient on the basis of a second scalar product between said hologram and a second decomposition wavelet characterized by fine values obtained by a combination of said raw values and said refinement values; and
a transmission module configured to transmit:
data representing said refinement values;
said coefficient.
Under the Alice Framework Step 2B analysis, the claim, considered individually and as an ordered combination does not include additional elements that are sufficient to amount to significantly more than the abstract idea. These additional elements are recited at a high-level of generality. For instance, the claims fail to include limitations that detail how these elements function beyond merely being used for the purposes of performing the mental process of performing mathematical calculations and transmitting data, i.e. generically recited computer elements that do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer with generic computer elements. The innovative concept of the claims seems to be in the determination of values and coefficients and transmitting these to other locations / devices which can perform the construction of a digital hologram with these values. However, a decomposition module that is performing the mathematical calculations and a transmission module that is merely used to transmit the data and coefficients, are highly generic which is simply invoking a computer or other machinery merely as a tool to perform an existing process as recognized in court decisions listed in MPEP § 2106.05(f).
For these reasons, claim 9 does not amount to significantly more than the abstract idea.
Allowable Subject Matter
Claims 1-20 are indicated as allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter:
Prior art teaches methods for coding and processing holographic images using wavelet coefficients, however, the prior art does not fairly teach or suggest, individually or in combination, a system and method for transmitting data representing a digital hologram where the steps of determining raw values of a group of parameters, computing refinement values for each parameter of said group of parameters, and determining a coefficient is done as claimed before transmitting data representing said refinement values and said coefficient as claimed in a first embodiment; and a system and method of constructing a digital hologram by receiving data representing refinement values of a group or parameters and a coefficient associated with a decomposition wavelet, where a determining of construction values using the refinement values is done, a determination of a decomposition wavelet is done, and constructing the hologram by weighting said decomposition wavelet by said coefficient as claimed in a second embodiment. Examiner finds prior arts such as Gioia ‘380 and Gioia ‘905, which teach the using of wavelets and coefficients to represent a digital holographic image, however Examiner does not find prior art which specifically teaches the steps of determining raw values, computing refinement values, and determining a coefficient as claimed in the independent claims of the instant application. The prior art of record neither anticipates nor renders obvious the above recited combination.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gioia et al. (US 2022/0272380) teaches a method for coding digital hologram sequences with at least a first digital hologram representing a first scene and a second digital hologram representing a second scene, the holograms represented by means of a set of wavelet and an encoding device storing a set of coefficients respectively associated with certain wavelets of the set of wavelets.
Gioia et al. (US 2016/0327905) teaches a method for processing and sequencing holographic images decomposed over a Gabor wavelet basis into a set of wavelet coefficients.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL SUN whose telephone number is (571)270-1724. The examiner can normally be reached Monday-Friday 8am-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jyoti Mehta can be reached on 571-270-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL SUN/Primary Examiner, Art Unit 2183