Prosecution Insights
Last updated: April 19, 2026
Application No. 18/474,665

DATA-DRIVEN METHOD FOR DISCOVERING CONSERVATION PRINCIPLES IN PHYSICAL SYSTEMS

Non-Final OA §101
Filed
Sep 26, 2023
Examiner
BROMELL, ALEXANDRIA Y
Art Unit
2156
Tech Center
2100 — Computer Architecture & Software
Assignee
Constructor Education And Research Genossenschaft
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
87%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
410 granted / 543 resolved
+20.5% vs TC avg
Moderate +12% lift
Without
With
+11.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
11 currently pending
Career history
554
Total Applications
across all art units

Statute-Specific Performance

§101
19.2%
-20.8% vs TC avg
§103
36.4%
-3.6% vs TC avg
§102
34.2%
-5.8% vs TC avg
§112
3.5%
-36.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 543 resolved cases

Office Action

§101
DETAILED ACTION Claims 1 – 20, which are currently pending, are fully considered below. Information Disclosure Statement The information disclosure statement (IDS) submitted on June 6, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 - 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea of mental processes and/or math without significantly more. As to claim 1, the claim recites the mental processes of evaluating collected data by a representation learning system , by analyzing the collected data by a topological learning analysis system, and transferring the data into at least two displayable trajectories . (A person can mentally evaluate and analyze data ). A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Although the claim discloses generating a distance matrix by computing Wasserstein distances between the trajectories, with the distance matrix showing a shape space between the trajectories; embedding the shape space of the distance matrix into lower dimensions by using a uniform manifold approximation and projection (UMAP); and determining at least two scores for different embeddings to choose a score . The claim represent s at least one of the shape space, or a minimal dimensionality and us es a symbolic regression to identify a closed form of integrals of motion. Nothing is actually done with the data besides determining a score , let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 2 , the claim recites the mental processes wherein the trajectory is represented by at least two points on the trajectory, wherein each point represents at least one data, respectively. (A person can mentally represent data on a trajectory ). A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 3 , the claim recites the mental processes wherein the trajectory is ergodic and amplitudes of at least two variations in different conserved qualities have similar effect on the Wasserstein distance . (A person can mentally represent data on a trajectory). A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 4 , the claim recites the mental processes of normalizing the Wasserstein distance s data, including by a zero mean and/or a unit maximal value . (A person can mentally represent data on a trajectory). A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 5 , the claim recites the mental processes of varying an output metric hyper parameter of the UMAP controls a topology of a target space. A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 6 , the claim recites the mental processes wherein the topology of the target space is controlled by using a distance on a circle along an arc. A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 7 , the claim recites the mental processes wherein the topological learning system defines a target space . A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 8 , the claim recites the mental processes wherein the UMAP comprises an output metric hyper parameter . A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 9 , the claim recites the mental processes wherein the target space is controlled by varying the output metric hyper parameter of the UMAP . A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 10 , the claim recites the mental processes wherein the representation of the shape space by the embedding is measured by a neighbor deviation score (NDS) . A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 1 1 , the claim recites the mental processes wherein the NDS utilizes a reference trajectory . A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 1 2 , the claim recites the mental processes wherein the NDS is an average absolute deviation in rank of at least two points on the trajectory . A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 1 3 , the claim recites the mental processes of determining distances from all trajectories to the reference trajectory . A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 1 4 , the claim recites the mental processes of evaluating collected data by a representation learning system , by analyzing the collected data by a topological learning analysis system, and transferring the data into at least two displayable trajectories . (A person can mentally evaluate and analyze data). A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Although the claim discloses generating a distance matrix by computing Wasserstein distances between the trajectories, with the distance matrix showing a shape space between the trajectories; embedding the shape space of the distance matrix into lower dimensions by using a uniform manifold approximation and projection (UMAP); and determining at least two scores for different embeddings to choose a score . The claim represent s at least one of the shape space, or a minimal dimensionality and us es a symbolic regression to identify a closed form of integrals of motion. Nothing is actually done with the data besides determining a score, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 15 , the claim recites the mental processes wherein the trajectory is represented by at least two points on the trajectory, wherein each point represents at least one data, respectively. (A person can mentally represent data on a trajectory). A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 16 , the claim recites the mental processes wherein the trajectory is ergodic and amplitudes of at least two variations in different conserved qualities have similar effect on the Wasserstein distance. (A person can mentally represent data on a trajectory). A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 17 , the claim recites the mental processes of normalizing the Wasserstein distances data, including by a zero mean and/or a unit maximal value. (A person can mentally represent data). A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 18 , the claim recites the mental processes of varying an output metric hyper parameter of the UMAP controls a topology of a target space . A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 1 9 , the claim recites the mental processes wherein the representation of the shape space by the embedding is measured by a neighbor deviation score (NDS). A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Nothing is actually done with the data, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As to claim 20 , the claim recites the mental processes of analyzing the collected data by a topological learning analysis system, and transferring the data into at least two displayable trajectories . (A person can mentally evaluate and analyze data). A judicial exception is not integrated into a practical application because there are no steps beyond the abstract idea to possibly integrate it into a practical application. Although the claim discloses computing at least one distance and generating a matrix, n othing is actually done with the data besides determining a score, let alone any meaningful way that could amount to any practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. Claims 1 – 20 are additionally directed to software per se. Conclusion/Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ALEXANDRIA Y BROMELL whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3034 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 8-4 . 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, FILLIN "SPE Name?" \* MERGEFORMAT Ajay Bhatia can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-3906 . 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. /ALEXANDRIA Y BROMELL/ Primary Examiner, Art Unit 2156 March 30, 2026
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Prosecution Timeline

Sep 26, 2023
Application Filed
Mar 31, 2026
Non-Final Rejection — §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

1-2
Expected OA Rounds
76%
Grant Probability
87%
With Interview (+11.7%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 543 resolved cases by this examiner. Grant probability derived from career allow rate.

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