Prosecution Insights
Last updated: October 02, 2026
Application No. 18/416,467

Real Time Characteristic Prediction for Unconsolidated Composite Materials

Final Rejection §101
Filed
Jan 18, 2024
Priority
Jul 08, 2022 — CIP of 12/422,831 +1 more
Examiner
BARNES-BULLOCK, CRYSTAL JOY
Art Unit
2117
Tech Center
2100 — Computer Architecture & Software
Assignee
The Boeing Company
OA Round
2 (Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
72%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
584 granted / 682 resolved
+30.6% vs TC avg
Minimal -13% lift
Without
With
+-13.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
5 currently pending
Career history
695
Total Applications
across all art units

Statute-Specific Performance

§101
11.2%
-28.8% vs TC avg
§103
27.8%
-12.2% vs TC avg
§102
32.1%
-7.9% vs TC avg
§112
16.9%
-23.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 682 resolved cases

Office Action

§101
DETAILED ACTION The following is a Final Office Action in response to the Amendment filed on 26 May 2026. Claims 1-18, 25 and 26 have been amended. Claims 1-26 remain pending in this application. 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 . Information Disclosure Statement The examiner has considered the information disclosure statements (IDS) submitted on 7 May 2026 and 3 June 2026. Response to Arguments Applicant's arguments filed 26 May 2026 have been fully considered but they are not persuasive. In response to applicant's argument that the present application does not recite mathematical concepts nor mental processes, Examiner disagrees. As drafted, the limitations “determine uncertainties for the initial predictions for the number of characteristics of the unconsolidated composite material in the completed form from the number of physics-based models and the number of machine learning models in real time during manufacturing of the unconsolidated composite material; determine, based upon an evaluation of an accuracy of the initial predictions, a final prediction for the number of characteristics based on the initial predictions and the weights associated with the initial predictions” are mathematical concepts. Mathematical concepts cover mathematical relationships and mathematical formulas or equations. Mental processes cover concepts performed in the human mind (including an observation, evaluation, judgment, opinion). The courts do not distinguish between claims that recite mental processes performed by humans and claims that recite mental processes performed on a computer. This judicial exception is not integrated into a practical application because claims are directed to abstract ideas of mathematical concepts without significantly more. 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 therefore, subject to the conditions and requirements of this title. Claims 1-26 remain 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. The claim(s) recite(s), in part, receive, as sensor data, measurements in real time from the sensors; generate initial predictions for a number of characteristics of an unconsolidated composite material in a completed form in real time during manufacturing of the unconsolidated composite material based on: the sensor data received in real time from a sensor system for a composite material manufacturing system during manufacturing of the unconsolidated composite material, a number of physics-based models, and a number of machine learning models, wherein the number of machine learning models is trained to generate a number of the initial predictions using the sensor data; determine uncertainties for the initial predictions for the number of characteristics of the unconsolidated composite material in the completed form from the number of physics-based models and the number of machine learning models in real time during manufacturing of the unconsolidated composite material; associate weights with the initial predictions for the number of characteristics using the uncertainties; determine, based upon an evaluation of an accuracy of the initial predictions, a final prediction for the number of characteristics based on the initial predictions and the weights associated with the initial predictions; and send instructions, based upon the final prediction, with a corrective action that controls the prepreg machine and improves a quality level of unconsolidated composite material in real time. This judicial exception is not integrated into a practical application because claims are directed to abstract ideas of mathematical concepts (generate initial predictions for a number of characteristics of an unconsolidated composite material in a completed form in real time during manufacturing of the unconsolidated composite material based on: the sensor data received in real time from a sensor system for a composite material manufacturing system during manufacturing of the unconsolidated composite material, a number of physics-based models, and a number of machine learning models, wherein the number of machine learning models is trained to generate a number of the initial predictions using the sensor data; determine uncertainties for the initial predictions for the number of characteristics of the unconsolidated composite material in the completed form from the number of physics-based models and the number of machine learning models in real time during manufacturing of the unconsolidated composite material; determine a final prediction for the number of characteristics based on the initial predictions and the weights associated with the initial predictions) and concepts performed in the human mind (mental process -- associate weights with the initial predictions for the number of characteristics using the uncertainties). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because claims are directed to abstract ideas and extra-solution activities that do not have a physical or tangible form, such as mere data gathering, insignificant application, and/or mere instructions to apply a judicial exception. The following is an analysis based on 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG). Step 1, Statutory Category? Claims 1-9 are directed to a machine configured to provide a nondestructive determination of characteristics of a composite prepreg. Claims 10-14 are directed to a machine configured to provide a nondestructive determination of characteristics of composite prepregs. Claims 15-25 are directed to a method for reducing usage of an unconsolidated composite material in manufacturing prepreg composites. Claim 26 is directed to a method for nondestructive testing of a composite prepreg. Claims 1-26 are directed to at least one of the four statutory categories. Step 2A, Prong One, Judicial Exception Recited? Claims 1-26 are directed to mathematical concepts (generate initial predictions for a number of characteristics of an unconsolidated composite material in a completed form in real time during manufacturing of the unconsolidated composite material based on: the sensor data received in real time from a sensor system for a composite material manufacturing system during manufacturing of the unconsolidated composite material, a number of physics-based models, and a number of machine learning models, wherein the number of machine learning models is trained to generate a number of the initial predictions using the sensor data; determine uncertainties for the initial predictions for the number of characteristics of the unconsolidated composite material in the completed form from the number of physics-based models and the number of machine learning models in real time during manufacturing of the unconsolidated composite material; determine a final prediction for the number of characteristics based on the initial predictions and the weights associated with the initial predictions) and concepts performed in the human mind (mental process -- associate weights with the initial predictions for the number of characteristics using the uncertainties) given the broadest reasonable interpretation. As per claims 1, 11, 12, 15, and 26; these claims similarly recite the limitations of “generate initial predictions for a number of characteristics of an unconsolidated composite material in a completed form in real time during manufacturing of the unconsolidated composite material based on: the sensor data received in real time from a sensor system for a composite material manufacturing system during manufacturing of the unconsolidated composite material, a number of physics-based models, and a number of machine learning models, wherein the number of machine learning models is trained to generate a number of the initial predictions using the sensor data; determine uncertainties for the initial predictions for the number of characteristics of the unconsolidated composite material in the completed form from the number of physics-based models and the number of machine learning models in real time during manufacturing of the unconsolidated composite material; associate weights with the initial predictions for the number of characteristics using the uncertainties; determine a final prediction for the number of characteristics based on the initial predictions and the weights associated with the initial predictions.” As drafted, these limitations encompass mathematical concepts and concepts performed in the human mind. Mathematical concepts cover mathematical relationships and mathematical formulas or equations. As per claims 4, 13, and 18, these claims similarly recite the limitations of “the sensors are selected from at least one of: beta gauge sensors, thickness sensors, width sensors, temperature sensors, speed sensors, gap sensors, optical sensors, Fourier transform infrared (FTIR) spectrometers, or tension sensors; and the number of physics-based models is selected from at least one of thermal model, an infiltration model, a rheological model, a permeability model that calculates a level of resin filtration, a thickness model that calculates a reduction of a thickness of a composite prepreg, or a resin infiltration model that calculates the level of resin filtration.” As drafted, these limitations encompass mathematical concepts and concepts performed in the human mind. Mathematical concepts cover mathematical relationships and mathematical formulas or equations. As per claims 5, 14, and 19, these claims similarly recite the limitations of “the number of machine learning models is selected from at least one of a first machine learning model trained using historical sensor data from a number of composite material manufacturing systems during manufacturing of unconsolidated composite materials, a second machine learning model trained using the historical sensor data and historical processing conditions, or a third machine learning model trained using the historical processing conditions and a number of historical characteristics.” As drafted, these limitations encompass mathematical concepts and concepts performed in the human mind. Mathematical concepts cover mathematical relationships and mathematical formulas or equations. As per claim 6 and 21, these claims similarly recite the limitations of “the uncertainties are generated by the number of machine learning models as part of generating the initial predictions.” As drafted, these limitations encompass mathematical concepts and concepts performed in the human mind. Mathematical concepts cover mathematical relationships and mathematical formulas or equations. As per claims 7 and 22, these claims similarly recite the limitations of “determine the final prediction for the number of characteristics based on the initial predictions and the weights associated with the initial predictions using at least one of a voting regression, a stacking regression, or a bagging estimator.” As drafted, these limitations encompass mathematical concepts and concepts performed in the human mind. Mathematical concepts cover mathematical relationships and mathematical formulas or equations. Claims 3, 8-10, 17, 20 and 23-25 further elaborate upon the recited abstract ideas in claims 1 and 15. Claims 1-26 are directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim(s) 1-26 are directed to abstract ideas (mathematical concepts and concepts performed in the human mind). Step 2A, Prong Two, Integrated into a Practical Application? The claims recite the following additional limitations: As per claims 1, 2 and 11, these claims similarly recite the limitations of “sensors configured to measure physical features of the composite prepreg and monitor a prepreg machine in real time; a computer system; a controller that is configured to adjust a number of processing conditions for the composite material manufacturing system based on the final prediction.” As drafted, these limitations encompass no more than an insignificant extra-solution activity of data gathering. Extra-solution activity includes both pre-solution and post-solution activity. An example of pre-solution activity is a step of gathering data for use in a claimed process, e.g., a step of obtaining information about credit card transactions, which is recited as part of a claimed process of analyzing and manipulating the gathered information by a series of steps in order to detect whether the transactions were fraudulent. See MPEP 2106.05(g). The additional elements recite insignificant extra-solution activity as pre-solution data gathering and post solution data outputting and do not provide integration into a practical application. The additional claim limitations, claim elements together and claims in their entirety do not provide integration into a practical application. The additional claim limitations, claim elements together and claims in their entirety do not integrate the abstract idea into a practical application or provide an inventive concept (significantly more than the abstract idea). The concept described in the claim(s) is not meaningfully different than those concepts found by the courts to be abstract ideas. As such, the description in the claims describes the concept identified as an abstract idea (data gathering, data outputting and data transmission). The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because they do not integrate the exception into a practical application of the exception. Claims 3-6, 8-10, 16-20, and 23-25 further elaborate upon the insignificant extra-solution activity in claims 1 and 15. Dependent claims 2-10, 12-14 and 16-25 do not provide significant additional elements and do not integrate the abstract ideas into a practical application. Claims 1-26 do not integrate the recited abstract ideas into a practical application. Step 2B, Inventive Concept (Significantly More)? When considered both individually and as an ordered combination, the additional elements and elements of claims 1-26 do not amount to significantly more than the judicial exception for the same reasons discussed above as to why the additional limitations do not integrate the abstract ideas into a practical application. The additional elements outlined in Step 2A performing functions as designed simply accomplish execution of the abstract ideas. The additional limitations identified as insignificant extra-solution activity above are carried over and they also do not provide significantly more. As per claims 1-26, these claims similarly recite the limitations of “receive, as sensor data, measurements in real time from the sensors, the sensor data received in real time from a sensor system for a composite material manufacturing system during manufacturing of the unconsolidated composite material, a number of physics-based models, and a number of machine learning models, and send instructions, based upon the final prediction, with a corrective action that controls the prepreg machine and improves a quality level of unconsolidated composite material in real time.” As drafted, these limitations encompass mere instructions to implement abstract ideas and insignificant extra-solution activity. See MPEP 2106.05(d)(II), “Courts have held computer-implemented processes not to be significantly more than an abstract idea (and thus ineligible) where the claim as a whole amounts to nothing more than generic computer functions merely used to implement an abstract idea, such as mathematical concepts or an idea that could be done by a human analog (i.e., by hand or by merely thinking).” Considering the additional elements individually and in combination and the claims as a whole, the additional elements do not provide significantly more than the abstract idea. Hence, the claims are not patent eligible. Claims 1-26 are therefore drawn to ineligible subject matter as they are directed to abstract ideas without significantly more. 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 Crystal J Barnes-Bullock whose telephone number is (571)272-3679. The examiner can normally be reached Monday - Friday 8 am - 5 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Fennema can be reached on 571-272-2748. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CRYSTAL J BARNES-BULLOCK/Primary Examiner, Art Unit 2117 28 August 2026
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Prosecution Timeline

Jan 18, 2024
Application Filed
Apr 27, 2026
Non-Final Rejection mailed — §101
May 26, 2026
Applicant Interview (Telephonic)
May 26, 2026
Response Filed
May 28, 2026
Examiner Interview Summary
Sep 01, 2026
Final Rejection mailed — §101 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
86%
Grant Probability
72%
With Interview (-13.2%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 682 resolved cases by this examiner. Grant probability derived from career allowance rate.

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