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 .
Status of the claims
The amendment received on March 31, 2026 has been acknowledged and entered. Claims 1 and 5 are amended. Claims 2-4 are cancelled. Thus, claims 1 and 5-8 are currently pending.
Response to Arguments
Applicant’s arguments filed March 31, 2026 with respect to the claim rejection of claims 1 and 2 under 35 U.S.C. 112(b) have been fully considered and are persuasive. Thus, the claim interpretation under 35 U.S.C. 112(b) has been withdrawn.
Applicant’s arguments filed on March 31, 2026 with respect to claims 1 and 5-8 under 35 U.S.C. 101 have been considered but are moot because the new ground of rejection. However, since the Applicant’s argument is related to current rejection, Applicant’s arguments are addressed as follows:
On the page of 10, Applicant alleges that “even if the amended claim 1 is still regarded as an abstract idea, the amended claim 1 achieves an improvement to the existing technology, applies the judicial exception with a particular machine, and uses the judicial exception in some other meaningful way, thus the amended claim 1 recites additional elements that amount to significantly more than the judicial exception.”
Examiner respectfully disagrees. Applicant has argued that the abstract idea itself is significant. However, an abstract idea itself is just that, abstract, and whether such feature is or is not significant does not preclude it from being considered abstract. An abstract idea by itself, whether it or not it has a benefit, does not reasonably overcome a 101 rejection because it is still an abstract idea. Applicant has not, respectfully, demonstrated with evidence why the abstract idea itself would amount to more than an abstract idea. Therefore, the above advantages relate to abstract idea limitations which are not considered. The Improvements (or inventive steps) in the abstract idea are not qualified as improvements indicating a practical application. Therefore, the pending claims are not patent eligible since a claim for a new abstract idea is still an abstract idea (see MPEP 2106.05(a).I) and an improvement in the abstract idea itself is not an improvement in technology (see MPEP 2106.05(a).II: Examples that the courts have indicated may not be sufficient to show an improvement to technology include: iii. Gathering and analyzing information using conventional techniques and displaying the result, TLI Communications, 823 F.3d at 612-13, 118 USPQ2d at 1747-48)). Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
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 1-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Specifically, representative Claim 1 recites:
A spectral information separation and aggregation method, comprising:
step a1, performing smooth denoising on spectral data through a spectral denoising method to obtain processed spectral data, to thereby improve a signal-to-noise ratio of the spectral data and weaken interferences of noise information on separation and aggregation of spectral information;
step b2, for the processed spectral data obtained in the step a1, processing the processed spectral data through a spectral data processing method to obtain spectral information of at least two dimensions and thereby spectral information of multi-dimensions are obtained, and recording the spectral information of multi-dimensions as SIn;
step c3, for the spectral information of multi-dimensions obtained in the step b2, quantitatively analyzing correlations among spectral information of respective dimensions through a correlation-analysis algorithm, and calculating spectral information coupling coefficients of the respective dimensions according to the correlations among the spectral information of the respective dimensions;
step d4, based on the spectral information coupling coefficients of the respective dimensions obtained in the step c3, coupling the spectral information of multi-dimensions obtained in the step b2 through a coupling technology to obtain resultant spectral information; and
step e5, calculating a correlation between the resultant spectral information obtained in the step d4 and soil organic matter through a correlation-analysis algorithm, and evaluating an effect of the coupling;
step f6, estimating content of the soil organic matter based on the resultant spectral information;
wherein in the step al, the spectral denoising method is used to perform smooth processing on the spectral data by a low-pass filter;
wherein in the step b2, the spectral data processing method is one of a traditional mathematical transformation, a wavelet transformation and a spectral absorption feature algorithm;
wherein in the step c3, the correlation-analysis algorithm is as follows:
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a calculation method of the spectral information coupling coefficients is as follows:
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The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional elements.”
Step 1: under the 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 claim is considered to be in a statutory category (Process).
Step 2A, Prong One: under the 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 limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject matter Eligibility Guidance, it falls into the groupings of subject matter when recited as such in a claim limitation that falls into the grouping of subject matter when recited as such in a claim limitation, that covers mathematical concepts - mathematical relationships, mathematical formulas or equations, mathematical calculations.
For example, the limitation of “a spectral information separation and aggregation (see Fig. 1 and para. [0022]: a1-e5),” “performing smooth denoising on spectral data through a spectral denoising method to obtain processed spectral data, to thereby improve a signal-to-noise ratio of the spectral data and weaken interferences of noise information on separation and aggregation of spectral information (see para. [0008]: smooth processing on the spectral data by a low pass filter; para. [0022]: a spectral denoising of instant application),” “step b2, for the processed spectral data obtained in the step a1, processing the processed spectral data through a spectral data processing method to obtain spectral information of at least two dimensions and thereby spectral information of multi-dimensions are obtained (see paras. [0022], [0030]),” “step c3, for the spectral information of multi-dimensions obtained in the step b2, quantitatively analyzing correlations among spectral information of respective dimensions through a correlation-analysis algorithm, and calculating spectral information coupling coefficients of the respective dimensions according to the correlations among the spectral information of the respective dimensions (see para. [0013]: performing correlation-analysis directly with a detection object and performing evaluation using evaluation indicators; para. [0022]: obtain spectral information at least two dimensions of instant application and recording the spectral information of multi-dimensions),” “step d4, based on the spectral information coupling coefficients of the respective dimensions obtained in the step c3, coupling the spectral information of multi-dimensions obtained in the step b2 through a coupling technology to obtain resultant spectral information (see para. [0011]: coupling formula of instant application),” and “step e5, calculating a correlation between the resultant spectral information obtained in the step d4 and ground-object parameters through a correlation-analysis algorithm, and evaluating an effect of the coupling (see para. [0027]: correlation-analysis algorithm in the step c3 of instant application)” are mathematical calculations.
Further, the limitation of “step f6, estimating content of the soil organic matter based on the resultant spectral information; wherein in the step a1, the spectral denoising method is used to perform smooth processing on the spectral data by a low-pass filter (see para. [0023]); wherein in the step b2, the spectral data processing method is one of a traditional mathematical transformation, a wavelet transformation and a spectral absorption feature algorithm (see para. [0022]); wherein in the step c3, the correlation-analysis algorithm is as follows:
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where, corj represents a correlation coefficient, Xi represents a spectral reflectance of an i-th sample in a waveband i, Yi represents a measured parameter of the i-th sample, n represents a number of samples; XA represents an average value of spectral reflectances of the samples in the waveband j, and YA represents an average value of the measured parameters of the respective samples in the waveband j; a calculation method of the spectral information coupling coefficients is as follows:
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_
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represents one of a maximum correlation coefficient of a j-th transformation and a maximum correlation coefficient of a j-th scale based on wavelet decomposition;
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r
m
a
x
represents a dataset constructed by the maximum correlation coefficients of respective transformations;
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represents a maximum one of the maximum correlation coefficients of the respective transformations;
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represents a coupling coefficient of the j-th transformation;max represents solving a maximum value of a vector array (see para. [0010])” are mathematical calculations. The soil organic matter is merely describing or defining the spectral information, which is abstract idea.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mathematical calculations, then it falls within the “Mathematical Concepts” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A, Prong Two: under the 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. Therefore, none of the additional elements indicate a practical application.
Therefore, the claims are directed to a judicial exception and require further analysis under the Step 2B.
Step 2B:
The above claims comprise the following additional elements:
In Claim 1: recording the spectral information of multi-dimensions as SIn;
The additional elements of “recording the spectral information of multi-dimensions as SIn” is insignificant solution activity (post-solution) (see MPEP 2106.05(g)).
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because these additional elements/steps are well-understood, routine, and conventional in the relevant based on the prior art of record (Hera, Guo, and Biesemans). For example, Hera, Guo, and Biesemans teach recording the spectral information of multi-dimensions as SIn (paras. [0020], [0048] of Hera; page 6, lines 33-34 and page 6, lines 38-40 of Guo; paras. [0047], [0050]-[0051] of Biesemans).
Regarding claims 5-8,
All features recited in these claims are abstract ideas, as all features found in these claims are directed towards mathematical calculations steps. The explanation for the rejection of Claims 5-8 therefore are incorporated herein and applied to Claim 1. These claims therefore stand rejected for similar reasons as explained in above Claim 1.
Although there are no prior art rejections for Claims 1 and 5-8, the Examiner cannot comment on their allowability until all the rejections under 35 U.S.C 101 is satisfactorily addressed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SANGKYUNG LEE whose telephone number is (571)272-3669. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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/SANGKYUNG LEE/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858
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