DETAILED ACTION
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 .
Claim Rejections - 35 USC § 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 1-11, 13-14 and 16-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1 is a process which recite(s) forming, using a seismic processing system, a training dataset by splitting the seismic dataset into a plurality of seismic patches, each comprising a labeled feature;
training, using the training dataset, the ML network to predict the labeled feature, wherein the ML network comprises a diffusion probabilistic model and training comprises:
for each seismic patch within the plurality:
predicting, using the ML network, a candidate labeled feature patch from the seismic patch,
forming a metric measuring a mismatch of the candidate labeled feature patch and the labeled feature,
updating the ML network based, at least in part, on finding an extremum of the metric, and
forming a trained ML network based, at least in part, on the update.
Neither the claim nor the specification puts any limits on how splitting the seismic data, predicting a candidate, forming a metric, updating the ML network and forming a trained ML network are achieved. Under the broadest reasonable interpretation, the terms of the claim are presumed to have their plain meaning consistent with the specification as it would be interpreted by one of ordinary skill in the art. The plain meaning of splitting, as understood by one of ordinary skill in the art, is ‘the action of dividing or being divided into parts’. The plain meaning of predicting, as understood by one of ordinary skill in the art, is to ‘say or estimate that a specific thing with be a consequence of something’. The plain meaning of forming, as understood by one of ordinary skill in the art, is ‘to bring together parts or come to create’. The plain meaning of updating, as understood by one of ordinary skill in the art is ‘changing something to bring it up to date’. These steps fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind, including observation, evaluation, judgment, and opinion. See MPEP 2106.04(a)(2), subsection III.
In the context of the claim, training the ML network using a diffusion probabilistic model is using mathematical calculations. The specification discloses that predicting a candidate labeled features is accomplished using addition ([0077]). This step fall within the mathematical concepts groupings of abstract ideas because it covers concepts performed using mathematical relationships, formulas, equations or calculations. See MPEP 2106.04(a)(2), subsection I.
The claim recites abstract ideas and these limitations are considered together as a single abstract idea for further analysis.
This judicial exception is not integrated into a practical application. The claim recites the additional claim elements of a machine learning (ML) network, a seismic processing system and obtaining, using a seismic acquisition system, the seismic dataset over a subterranean region of interest. The machine learning network that is trained, seismic processing system and seismic acquisition system are recited with a high level of generality and represent nothing more than mere generic computer components. See MPEP 2106.05(f). Further, the limitation of obtaining the seismic dataset is recited with a high level of generality such that it amounts to nothing more than mere data gathering. Consequently, it is no more that adding insignificant extra-solution activity. See MPEP 2106.05(g). The claim is directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, the machine learning network, seismic processing system and seismic acquisition system are nothing more than mere generic computer components. Generic computer components are insufficient to provide inventive concept. Additionally, obtaining the seismic dataset is insignificant extra-solution activity. Further, the limitation is akin to receiving or transmitting data over a network and as such amounts to well-understood, routine, conventional activity. See MPEP 2106.05(d). The claim is not patent eligible.
Claims 2-5 depend from claim 1 and recite the same abstract idea as claim 1. The additional claim limitations recited in claims 2-5 serve merely to add additional details to the abstract idea (claims 2 and 5) or add additional steps to the abstract idea (claims 3-4). The additional claim limitations of claim 3 further refine the details of the mathematical concept used in the abstract idea. As disclosed above, predicting falls within the mental process grouping of abstract ideas. Neither the claim nor the specification puts any limits on how generating a random noise path or loss function is achieved. The plain meaning of generating, as understood by one of ordinary skill in the art, is ‘to use a set of rules to produce something’. In the context of this claim, generating a random noise path or loss function is producing the mathematical concept(s), and thus falls within the mathematical concepts grouping of abstract ideas. The claims do not recite any additional claim elements that either integrate the abstract idea into a practical application or provide inventive concept. The claims are not patent eligible.
Claim 6 is a process which recite(s) forming, using a seismic processing system, a plurality of production seismic patches from the production seismic dataset; inputting each production seismic patch into a trained ML network, wherein the trained ML network comprises a diffusion probabilistic model; for each production seismic patch:
predicting a predicted labeled feature patch using the trained ML network, wherein the predicted labeled feature patch comprises a labeled manifestation of a feature; and determining the predicted labeled feature image using the predicted labeled feature patches.
Neither the claim nor the specification puts any limits on how forming a plurality of production seismic patches, inputting each production seismic patch, predicting a predicted labeled feature and determining the predicted labeled feature image. Under the broadest reasonable interpretation, the terms of the claim are presumed to have their plain meaning consistent with the specification as it would be interpreted by one of ordinary skill in the art. The plain meaning of forming, as understood by one of ordinary skill in the art, is ‘to bring together parts or come to create’. The plain meaning of inputting, as understood by one of ordinary skill in the art, is ‘entering information or data into something’. The plain meaning of predicting, as understood by one of ordinary skill in the art, is to ‘say or estimate that a specific thing with be a consequence of something’. The plain meaning of determining, as understood by one of ordinary skill in the art is ‘to decide something’. These steps fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind, including observation, evaluation, judgment, and opinion. See MPEP 2106.04(a)(2), subsection III. The claim recites an abstract idea.
This judicial exception is not integrated into a practical application. The claim recites the additional claim elements of using a seismic acquisition system and obtaining, using a seismic acquisition system, a production seismic dataset over a subterranean region of interest. The seismic acquisition system is recited with a high level of generality and represent nothing more than a mere generic computer component. See MPEP 2106.05(f). The limitation of obtaining a production seismic dataset is recited with a high level of generality such that it amounts to nothing more than mere data gathering. Consequently, it is no more that adding insignificant extra-solution activity. See MPEP 2106.05(g). The claim is directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, the seismic acquisition system nothing more than mere generic computer components. Generic computer components are insufficient to provide inventive concept. Additionally, obtaining a production seismic dataset is insignificant extra-solution activity. Further, the limitation is akin to receiving or transmitting data over a network and as such amounts to well-understood, routine, conventional activity. See MPEP 2106.05(d). The claim is not patent eligible.
Claims 7-11 depend from claim 6 and recite the same abstract idea as claim 6. The additional claim limitations recited in claims 7-12 serve merely to add additional details to the abstract idea (claim 9) or add additional steps to the abstract idea (claims 7-8 and 10-11). As disclosed above, determining falls within the mental process grouping of abstract ideas. Neither the claims nor the specification puts any limits on how overlapping production seismic patches or merging an overlap is achieved. The plain meaning of overlapping, as understood by one of ordinary skill in the art, is ‘to cover partially’. The plain meaning of merging, as understood by one of ordinary skill in the art, is ‘to combine’. These steps fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind, including observation, evaluation, judgment, and opinion. See MPEP 2106.04(a)(2), subsection III.
In the context of this claim, the denoising diffusion probabilistic model is produced with mathematical concept(s) (see [0043]-[0047]), and thus falls within the mathematical concepts grouping of abstract ideas. The claims do not recite any additional claim elements that either integrate the abstract idea into a practical application or provide inventive concept. The claims are not patent eligible.
Claim 13 is a process which recite(s) form a plurality of production seismic patches and create a predicted labeled feature image, wherein the ML network comprises a diffusion probabilistic model.
Neither the claim nor the specification puts any limits on how form a plurality of production seismic patches and create a predicted labeled feature image. The plain meaning of form, as understood by one of ordinary skill in the art, is ‘to bring together parts or come to create’. The plain meaning of create, as understood by one of ordinary skill in the art, is ‘to cause to exist’. These steps fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind, including observation, evaluation, judgment, and opinion. See MPEP 2106.04(a)(2), subsection III. The claim recites an abstract idea.
This judicial exception is not integrated into a practical application. The claim recites the additional claim elements of a seismic acquisition system configured to obtain the production seismic dataset from a subterranean region of interest; a seismic processing system, configured to: receive the production seismic dataset and a trained ML network, configured to receive each production seismic patch.
The trained machine learning network, seismic processing system and seismic acquisition system are recited with a high level of generality and represent nothing more than mere generic computer components. See MPEP 2106.05(f). The limitations of obtain the production seismic dataset from a subterranean region of interest, receive the production seismic dataset and receive each production seismic patch are recited with a high level of generality such that they amount to nothing more than mere data gathering. Consequently, they are no more that adding insignificant extra-solution activity. See MPEP 2106.05(g). The claim is directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, the trained machine learning network, seismic processing system and seismic acquisition system are nothing more than mere generic computer components. Generic computer components are insufficient to provide inventive concept. Additionally, obtain the production seismic dataset, receive the production seismic dataset and receive each production seismic patch are insignificant extra-solution activity. Further, the limitations are akin to receiving or transmitting data over a network and as such amounts to well-understood, routine, conventional activity. See MPEP 2106.05(d). The claim is not patent eligible.
Claims 14 and 16-20 depend from claim 13 and recite the same abstract idea as claim 13. The additional claim limitations recited in claims 14 and 16-20 serve merely to add additional details to the abstract idea (claims 16-17) or add additional steps to the abstract idea (claims 14 and 18-20). As disclosed above, create/creating falls within the mental process grouping of abstract ideas.
Neither the claims nor the specification puts any limits on how identify a drilling target, overlapping production seismic patches, generate a random noise patch, generate a loss function, denoise the random noise patch or predict the feature is achieved. The plain meaning of identifying, as understood by one of ordinary skill in the art, is ‘to cover partially’. The plain meaning of overlapping, as understood by one of ordinary skill in the art, is ‘to cover partially’. The plain meaning of generating, as understood by one of ordinary skill in the art, is ‘to use a set of rules to produce something’. These steps fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind, including observation, evaluation, judgment, and opinion. See MPEP 2106.04(a)(2), subsection III.
In the context of this claim, generate a loss function and denoise the random noise patch are producing the mathematical concept(s), and thus falls within the mathematical concepts grouping of abstract ideas. The claims do not recite any additional claim elements that either integrate the abstract idea into a practical application or provide inventive concept. The claims are not patent eligible.
Allowable Subject Matter
Claims 12 and 15 are 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Singh et al. in U.S. Patent Publication 2024/0069237 teaches “the learning network can use reinforcement learning. After training, this generative model can understand and learn the features such as fault, salts, channels, or karsts to perform an unsupervised classification of seismic data. In some aspects, the relating can include generating a dictionary that relates the seismic images to the vectorized, e.g., tokenized, words. In some aspects, the relating includes using a learning network to learn mapping between the subsurface images and the vectorized words” ([0040]).
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/MI'SCHITA' HENSON/Primary Examiner, Art Unit 2857