Prosecution Insights
Last updated: October 02, 2026
Application No. 18/492,858

COMPUTATIONAL ANALYSIS FOR EVALUATION OF LOCALIZED ATMOSPHERIC CONDITIONS TO ENHANCE ATMOSPHERIC DEPENDENT ELECTRICAL POWER GENERATION

Final Rejection §103
Filed
Oct 24, 2023
Examiner
ZAAB, SHARAH
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
96 granted / 137 resolved
+2.1% vs TC avg
Strong +27% interview lift
Without
With
+26.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
28 currently pending
Career history
163
Total Applications
across all art units

Statute-Specific Performance

§101
19.1%
-20.9% vs TC avg
§103
65.5%
+25.5% vs TC avg
§102
1.0%
-39.0% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 137 resolved cases

Office Action

§103
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 § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable Caldwell et al. (US20090046289), hereinafter referred to as ‘Caldwell’ and in further view of Defelice et al. (US20210176925), hereinafter referred to as ‘Defelice’ and Jacobson, Wind reduction by aerosol particles, 2006, Geophysical Research Letters, 1-6 et al. hereinafter referred to as ‘Jacobson’. Regarding Claim 1, Caldwell discloses a computer implemented method for evaluating localized atmospheric conditions to enhance localized electrical power generation from wind turbines, comprising (A computer processes signals from the one or more transceivers to distinguish molecular scattered laser radiation from aerosol scattered laser radiation and determines air temperatures, wind speeds, and wind directions based on the scattered laser radiation. Applications of the method to wind power site evaluation, wind turbine control, weather monitoring, aircraft air data sensing, and airport safety are presented [0009]): receiving, at a computer, wind data related to a plurality of wind turbines for generating electrical power at a location (A computer processes signals from the one or more transceivers to distinguish molecular scattered laser radiation from aerosol scattered laser radiation and determines air temperatures, wind speeds, and wind directions based on the scattered laser radiation. Applications of the method to wind power site evaluation, wind turbine control, weather monitoring, aircraft air data sensing, and airport safety are presented [0009]; Since wind may vary with season, as well as with terrain, it is desirable to record wind conditions at brief intervals over an extended time--extending over at least several months to a year--to determine suitable locations and optimum wind-turbine specifications for construction of wind power systems or wind-farms [0117]), the wind farm data collected from sensors at the location (Applications of the method to wind power site evaluation, wind turbine control, weather monitoring, aircraft air data sensing, and airport safety are presented [0009]); receiving, at the computer, data of atmospheric conditions at least in part at the location, the data including atmospheric wind speed (It is desirable to obtain wind speed and direction data at multiple altitudes at each proposed site, including at the surface, at hub altitude, and at blade minimum and maximum altitudes; obtaining this data is part of a site survey for a wind power system [0117]); assessing, using the computer, an atmospheric condition in the atmosphere at the location using the wind farm data and the data of the atmospheric conditions (Computer 950 receives information from all three (or more) receiver electronics 940, 942, 944 and calculates windspeed and wind direction at various ranges from the apparatus 900 from the received Rayleigh and Mie-scattering data [0138]); predicting, using the computer, an impact of the atmospheric condition on the atmospheric wind speed resulting in a wind turbine power output reduction (Since unstable air can lead to and powers convective activity, ranging from simple dust-devils to tornadoes all of which may produce gusty conditions; furling thresholds may be reduced by a wind turbine controller when unstable air conditions exist [0140]); evaluating the atmospheric condition by correlating aerosol concentration with a predicted reduction in wind speed of the identified wind turbine at a wind-turbine location resulting in the identified wind turbine having the power output reduction (The accumulated data may be used to determine optimum wind-turbine specifications for, and predict expected power output of the wind-power system from, a wind power system or wind farm [0117]; We therefore offer a ground-based wind mapping system for site survey and/or system control that is capable of mapping and recording wind direction and velocity, along with air temperature, at a variety of altitudes and ranges of interest to a wind power system, even when the atmosphere is very clean of aerosols [0130]); predicting a resulting reduction in wind-turbine power output by the identified wind turbine at the wind-turbine location based on the predicted reduction in wind speed (Since wind may vary with season, as well as with terrain, it is desirable to record wind conditions at brief intervals over an extended time--extending over at least several months to a year--to determine suitable locations and optimum wind-turbine specifications for construction of wind power systems or wind-farms…The accumulated data may be used to determine optimum wind-turbine specifications for, and predict expected power output of the wind-power system from, a wind power system or wind farm [0117]); the atmospheric wind speed meeting a threshold for the wind turbine power output reduction (Since unstable air can lead to and powers convective activity, ranging from simple dust-devils to tornadoes all of which may produce gusty conditions; furling thresholds may be reduced by a wind turbine controller when unstable air conditions exist [0140]); generating a communication to a control system, the communication including a recommendation to initiate the cloud seeding (Computer 113 communicatively couples with transceiver 110 and processes signals from transceiver 110 to distinguish a molecular-scattered component 107A from an aerosol-scattered component 107B. Computer 113 determines the air parameters based on laser radiation 107 backscattered from molecules and/or aerosols, i.e., cloud seeding, in air 104 [0026]). However, does not explicitly disclose a computer implemented method for evaluating localized atmospheric conditions for selected cloud seeding to enhance localized electrical power generation from wind turbines, comprising; initiating cloud seeding to generate rain at the location and reduce the atmospheric condition, in response to the prediction of the impact on the atmospheric wind speed meeting a threshold for the wind turbine power output reduction; generating a communication to a control system, the communication including a recommendation to initiate the cloud seeding based on the prediction of the impact on the atmospheric wind speed meeting the threshold for the wind turbine power output reduction; and initiating cloud seeding in response to the predicted reduction in the wind-turbine power output of the identified wind turbine. Nevertheless, Defelice discloses a computer implemented method for evaluating localized atmospheric conditions for selected cloud seeding to enhance localized electrical power generation from wind turbines, comprising (One or more embodiments provide a paradigm-shifting methodology and framework for using ‘Intelligent’ Systems during the performance (i.e., identify, conduct, monitor) and evaluation of weather modification, cloud seeding and inadvertent weather modification programs/activities [0034]); initiating cloud seeding to generate rain at the location and reduce the atmospheric condition, in response to the prediction of the impact on the atmospheric wind speed meeting a threshold for the wind turbine power output reduction (Consider the following exemplary scenario wherein the weather modification program requirement was to apply hygroscopic seeding material. It involves programmed thresholds based on analysis of existing measured drop size distribution and their relationship to the production of rain, and similarly based on analysis of measured below cloud base aerosol size distribution data [0089]; Each ‘Intelligent’ System seamlessly ingests, in near real-time, the sensor payload data (i.e., temperature, relative humidity, wind, updraft velocity, aerosol size distribution and droplet size distribution, and other as required), auxiliary/ancillary data (e.g., cloud locations, topography, seeding locations based on convection or other defined criteria, information from other ‘Intelligent’ Systems, satellites, radar, radiometer, data archives), NWP model data, seeding action data and autopilot or remote control data. The seeding action, where and when to seed, are determined by the seeding system software that extracts ancillary/auxiliary (or ‘other data’), NWP model data and/or platform sensor data inputs [0036]) and generating a communication to a control system, the communication including a recommendation to initiate the cloud seeding (One or more embodiments employ a simulator implementing software in the loop (SIL) technology 281-2, /281-1 to simulate the UAS flight characteristics, UAS payload sensor data 275, 255, 263, 243, data 293 and mission planner output 287-1, 287-2. These outputs are used to optimize the seed/no seed thresholds and targeting algorithm, saving the high cost of trial and error approaches and ensuring success, and should provide a smaller number of false positive seeding condition detections (compared to current practices) [0057]); and initiating cloud seeding in response to the predicted reduction in the wind-turbine power output of the identified wind turbine (Consider the following exemplary scenario wherein the weather modification program requirement was to apply hygroscopic seeding material. It involves programmed thresholds based on analysis of existing measured drop size distribution and their relationship to the production of rain and similarly based on analysis of measured below cloud base aerosol size distribution data [0089]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell with the teachings of Defelice to optimize the seed/no seed thresholds and targeting algorithm, saving the high cost of trial and error approaches and ensure success, and provide a smaller number of false positive seeding condition detections (Defelice [0057]). However, Caldwell and DeFelice do not explicitly disclose initiating cloud seeding to generate rain at the location and reduce the atmospheric condition, in response to the prediction of the impact on the atmospheric wind speed meeting a threshold for the wind turbine power output reduction; generating a communication to a control system, the communication including a recommendation to initiate the cloud seeding based on the prediction of the impact on the atmospheric wind speed meeting the threshold for the wind turbine power output reduction; and initiating cloud seeding in response to the predicted reduction in the wind-turbine power output of the identified wind turbine. Nevertheless, Jacobson discloses initiating cloud seeding to generate rain at the location and reduce the atmospheric condition (Averaged over the basin during August, NCEP near surface wind speeds over land decreased from 4.2 m/s, when the aerosol optical depth (AOD) was in the lowest third of those measured, to 3.5 m/s (17% decrease) when the AOD was in the highest third. For February, wind speeds decreased over land from 7.5 m/s at low AOD to 6.5 m/s (13% decrease) at high AOD, pg. 1); and initiating cloud seeding…reduction in the wind-turbine power output of the wind turbine (Averaged over the basin during August, NCEP near surface wind speeds over land decreased from 4.2 m/s, when the aerosol optical depth (AOD) was in the lowest third of those measured, to 3.5 m/s (17% decrease) when the AOD was in the highest third. For February, wind speeds decreased over land from 7.5 m/s at low AOD to 6.5 m/s (13% decrease) at high AOD, pg. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to determine whether aerosol particles can reduce wind speed and improve accuracy of the prediction for wind turbine power output. Regarding Claim 2, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 1. However, Caldwell does not explicitly discloses initiating the cloud seeding using the control system in response to the communication including the recommendation to initiate the cloud seeding. Nevertheless, Defelice discloses initiating the cloud seeding using the control system in response to the communication including the recommendation to initiate the cloud seeding (One or more embodiments automatically measure such information more accurately and from a more relevant location and use same to automatically initiate the seeding [0023]; Adaptive control refers to the improved performance and increased robustness of an autonomous system by configuring its control system to adjust the autonomous systems' seeding action as a function of measurements [0044]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to optimize seeding at a rate that will yield maximum conversion of cloud water to precipitation and improve accuracy of the control system. Regarding Claim 3, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 1. However, Caldwell does not explicitly disclose estimating an amount of cloud seeding to generate rain at the location to reduce the atmospheric condition sending the amount of cloud seeding and the impact prediction to a control system for initiating a cloud seeding technique. Nevertheless, Defelice discloses estimating an amount of cloud seeding to generate rain at the location to reduce the atmospheric condition; and sending the amount of cloud seeding and the impact prediction to a control system for initiating a cloud seeding technique (The airborne ‘Intelligent’ System is guided, in one or more embodiments, by using the ‘real-time’ in situ-based measurements and flight guidance from the GCS Mission planner 287-1, 287-2 and SIL database 281-1, 281-2 to navigate the ‘Intelligent’ System autonomously to areas of suitable temperature, relative humidity, updraft velocity, aerosol size distribution and droplet size distribution to implement optimal seeding. Optimal seeding means that seeding starts and proceeds at a rate that will yield maximum conversion of cloud water to precipitation that falls in the intended location on the ground, or target area. Software-in-the-loop (SIL) technology, for example, is used in one or more embodiments to integrate the data from past missions of a similar kind and to evaluate them to formulate a mission plan [0059]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to generate rain at the location to reduce the atmospheric condition sending the amount of cloud seeding and the impact prediction to a control system for initiating a cloud seeding technique. Regarding Claim 4, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 3. However, Caldwell does not explicitly disclose initiating the cloud seeding technique in response to the sending of the amount of cloud seeding and the impact prediction. Nevertheless, Defelice discloses initiating the cloud seeding technique in response to the sending of the amount of cloud seeding and the impact prediction (as discussed above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to generate rain at the location to reduce the atmospheric condition sending the amount of cloud seeding and the impact prediction to a control system for initiating a cloud seeding technique. Regarding Claim 5, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 1. However, Caldwell does not explicitly disclose predicting of the impact includes estimating spatio-temporal distribution of aerosol concentration and aerosol propagation in the atmosphere at the location. Nevertheless, Defelice discloses predicting of the impact includes estimating spatio-temporal distribution of aerosol concentration and aerosol propagation in the atmosphere at the location (One or more embodiments employ improved technologies, detail the configuration of their interfaces, and allow those technologies and relevant software systems to evolve independently of their use. Refer to the table of FIG. 5. The latter contributes to more streamlined cloud seeding operations that have smaller operational footprints and costs (compared to contemporary cloud seeding programs), while enhancing or even optimizing their effectiveness. Furthermore, while at no additional cost, data at temporal and spatial sensitivities to overcome predictability or sparseness issues of environmental parameters that identify conditions suitable for seeding and how such might be implemented are readily available beyond their operational use [0041]; …The seeding action, where and when to seed, are determined by the seeding system software that extracts ancillary/auxiliary (or ‘other data’), NWP model data and/or platform sensor data inputs. What seeding material to dispense, if not pre-determined, is determined by platform sensor data, NWP model data, and, as needed, auxiliary/ancillary data [0036]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to optimize seeding effectiveness and improve cost. Regarding Claim 6, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 3. However, Caldwell does not explicitly disclose estimating of the amount of cloud seeding is based on a volumetric analysis of the atmospheric conditions at the location, and a plan is generated, as part of the communication, to deploy cloud seeding to clear aerosol as the atmospheric condition to increase wind power generation. Nevertheless, Defelice discloses estimating of the amount of cloud seeding is based on a volumetric analysis of the atmospheric conditions at the location, and a plan is generated, as part of the communication, to deploy cloud seeding to clear aerosol as the atmospheric condition to increase wind power generation (One could estimate the rate of seeding required to modify the measured DSD for a seeding effect and a tail effect. This would benefit operations since it provides guidance for optimal seeding based on actual in situ data and not arbitrary or derived multivariable values [0083]; Many different items can be determined via machine learning in one or more embodiments; e.g., what clouds to seed; what seeding material to use; where and when to seed the clouds to be seeded; the path to take to arrive at the location given the in situ meteorological and aviation data; the mass and/or volume of seeding material to be dispersed per kilometer or other linear unit of flight; and the like [0172]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to provide guidance for optimal seeding and estimate the rate of seeding. Regarding Claim 7, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 1. Caldwell discloses a cost of wind turbine power output reduction (It is known that thunderstorms, microburst, and dust-devil conditions, as well as other weather conditions, can cause gusty conditions that may result in a wind load on a blade 704 of a wind turbine changing dramatically in a matter of seconds; these conditions can therefore change from good power-generation conditions to conditions requiring altered blade pitch or even rapid furling to avoid excessive wind load and damage to the turbine or tower [0126]). However, Caldwell does not explicitly disclose generating a cost-benefit analysis between a cost of the cloud seeding and a cost of wind turbine power output reduction. Nevertheless, Defelice discloses generating a cost-benefit analysis between a cost of the cloud seeding (The latter contributes to more streamlined cloud seeding operations that have smaller operational footprints and costs (compared to contemporary cloud seeding programs), while enhancing or even optimizing their effectiveness. Furthermore, while at no additional cost, data at temporal and spatial sensitivities to overcome predictability or sparseness issues of environmental parameters that identify conditions suitable for seeding and how such might be implemented are readily available beyond their operational use [0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to overcome predictability or sparseness issues of environmental parameters that identify conditions suitable for seeding. Regarding Claim 8, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 1. Caldwell discloses the impact prediction includes estimating rainfall resulting from the cloud seeding and estimating a reduction amount of aerosol concentration in the atmosphere at the location (These data can be mined, analyzed and features extracted to locate representative time-series of key sensors from research aircraft flying at or below cloud base (e.g., sensors that measure updraft velocity, aerosol size distribution and droplet size distribution). One example for determining thresholds is the analysis of measured aerosol size distributions, hydrometeor size distributions and their relationship to the production of rain [0064]), and estimating an increase in atmospheric wind speed (In an embodiment, windspeed, wind direction, and air temperature are sensed and recorded at several altitudes ranging from zero to two thousand feet, or higher, at periodic time intervals [0132]), and estimating an increase in wind turbine power output resulting from the increase in atmospheric wind speed (Many wind turbines sense changed wind conditions by monitoring power output and/or rotational rate of blades 704, these wind turbines can only respond alter changes have occurred [0127]). However, Caldwell, does not explicitly disclose the impact prediction includes estimating rainfall resulting from the cloud seeding and estimating a reduction amount of aerosol concentration in the atmosphere at the location. Nevertheless, Defelice discloses the impact prediction includes estimating rainfall resulting from the cloud seeding (One or more embodiments base cloud seeding decisions on more relevant cloud and environmental data, as compared to prior art techniques, thereby more accurately placing seeding material, obtaining better cloud seeding results, and the like. Refer also to FIG. 7 and accompanying text [0010]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to obtain better cloud seeding results and improve accuracy of placing seeding material (Defelice [0010]). Regarding Claim 9, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 1. Caldwell discloses the wind turbine power output reduction includes a reduction in wind turbine power output (as discussed above). Regarding Claim 10, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 1. Caldwell discloses the wind turbine power reduction includes a reduction in wind turbine power output resulting from a reduction in blade rotation speed caused by the atmospheric condition (Many wind turbines sense changed wind conditions by monitoring power output and/or rotational rate of blades 704, these wind turbines can only respond alter changes have occurred [0127]). Regarding Claim 11, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 1. Caldwell discloses the atmospheric condition includes a spatial hotspot of aerosol concentration causing the impact on the atmospheric wind speed, and the impact is a slowing of the atmospheric wind speed resulting in a slowing of wind turbine blade rotation speeds causing the wind turbine power output reduction (A computer processes signals from the one or more transceivers to distinguish molecular scattered laser radiation from aerosol scattered laser radiation and determines air temperatures, wind speeds, and wind directions based on the scattered laser radiation. Applications of the method to wind power site evaluation, wind turbine control, weather monitoring, aircraft air data sensing, and airport safety are presented [0009]; Many wind turbines sense changed wind conditions by monitoring power output and/or rotational rate of blades 704, these wind turbines can only respond alter changes have occurred [0127]). Regarding Claim 12, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 1. Caldwell discloses the atmospheric wind speeds resulting in an increase in wind turbine power output (as discussed above). However, Caldwell does not explicitly disclose the control system initiates the cloud seeding technique to reduce the atmospheric condition for increasing the atmospheric wind speeds resulting in an increase in wind turbine power output. Nevertheless, Defelice discloses the control system initiates the cloud seeding technique (as discussed above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to obtain better cloud seeding results and improve accuracy of placing seeding material (Defelice [0010]). Regarding Claim 13, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 1. Caldwell discloses to reduce the distribution of aerosol concentrations in the atmosphere at the location (as discussed above). However, Caldwell does not explicitly disclose a cloud seeding technique for the cloud seeding which includes using drones to seed clouds to produce rain to reduce the distribution of aerosol concentrations in the atmosphere at the location. Nevertheless, Defelice discloses a cloud seeding technique for the cloud seeding which includes using drones to seed clouds (As noted, in some instances, real-time video imagery processing is carried out on video feed (or cloud imaging feed using non-visible light) from the unmanned aerial vehicle. This aids, for example, machine learning and/or controlling the drone to dispense seed material. [0149]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to obtain better cloud seeding results and improve accuracy of placing seeding material (Defelice [0010]). Regarding Claim 14, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 1. Caldwell discloses generating, using the computer, a digital model using the received data of the atmospheric condition at least in part at the location; and using the model for the predicting of the impact of the atmospheric condition on the atmospheric wind speed (Computer 113 communicatively couples with transceiver 110 and processes signals from transceiver 110 to distinguish a molecular-scattered component 107A from an aerosol-scattered component 107B. Computer 113 determines the air parameters based on laser radiation 107 backscattered from molecules and/or aerosols in air 104. Accordingly, as described below, computer 113 may employ one or more digital signal processing algorithms to determine such parameters [0026]). Regarding Claim 15, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 14. Caldwell discloses generating a digital model, using the computer; receiving updated wind data (as discussed above); receiving updated data of the atmospheric condition (Computer 950 receives information from all three (or more) receiver electronics 940, 942, 944 and calculates windspeed and wind direction at various ranges from the apparatus 900 from the received Rayleigh and Mie-scattering data; updating detected windspeed and wind direction measurements every tenth of a second, or faster, as required [0138]); the assessing of the atmospheric condition including using the digital model (as discussed above); the predicting of the impact of the atmospheric condition using the model (Computer 113 determines the air parameters based on laser radiation 107 backscattered from molecules and/or aerosols in air 104. Accordingly, as described below, computer 113 may employ one or more digital signal processing algorithms to determine such parameters [0026]). However, Caldwell does not explicitly disclose the determining of whether to initiate cloud seeding to generate rain including using the model. Nevertheless, Defelice discloses the determining of whether to initiate cloud seeding to generate rain including using the model (as discussed above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to obtain better cloud seeding results and improve accuracy of placing seeding material (Defelice [0010]). Regarding Claim 16, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 1. Caldwell discloses iteratively generating the digital model to produce updated models (Computer 113 determines the air parameters based on laser radiation 107 backscattered from molecules and/or aerosols in air 104. Accordingly, as described below, computer 113 may employ one or more digital signal processing algorithms to determine such parameters [0026]; Computer 950 receives information from all three (or more) receiver electronics 940, 942, 944 and calculates windspeed and wind direction at various ranges from the apparatus 900 from the received Rayleigh and Mie-scattering data; updating detected windspeed and wind direction measurements every tenth of a second, or faster, as required [0138]). Regarding Claim 17, Caldwell discloses a system for evaluating localized atmospheric conditions to enhance localized electrical power generation from wind turbines, which comprises: a computer system comprising (A computer processes signals from the one or more transceivers to distinguish molecular scattered laser radiation from aerosol scattered laser radiation and determines air temperatures, wind speeds, and wind directions based on the scattered laser radiation. Applications of the method to wind power site evaluation, wind turbine control, weather monitoring, aircraft air data sensing, and airport safety are presented [0009]): a computer-readable storage medium, and program instructions stored on the computer-readable storage medium being executable by the processor, to cause the computer system to perform the following functions to; receive, at a computer, wind farm data related to a plurality of wind turbines for generating electrical power at a location, the wind farm data collected from sensors at the location; (A computer processes signals from the one or more transceivers to distinguish molecular scattered laser radiation from aerosol scattered laser radiation and determines air temperatures, wind speeds, and wind directions based on the scattered laser radiation. Applications of the method to wind power site evaluation, wind turbine control, weather monitoring, aircraft air data sensing, and airport safety are presented [0009]; Since wind may vary with season, as well as with terrain, it is desirable to record wind conditions at brief intervals over an extended time--extending over at least several months to a year--to determine suitable locations and optimum wind-turbine specifications for construction of wind power systems or wind-farms [0117]), the wind farm data collected from sensors at the location (Applications of the method to wind power site evaluation, wind turbine control, weather monitoring, aircraft air data sensing, and airport safety are presented [0009]); receive, at the computer, data of atmospheric conditions at least in part at the location, the data including atmospheric wind speed (It is desirable to obtain wind speed and direction data at multiple altitudes at each proposed site, including at the surface, at hub altitude, and at blade minimum and maximum altitudes; obtaining this data is part of a site survey for a wind power system [0117]); assess, using the computer, an atmospheric condition in the atmosphere at the location using the wind farm data and the data of the atmospheric conditions (Computer 950 receives information from all three (or more) receiver electronics 940, 942, 944 and calculates windspeed and wind direction at various ranges from the apparatus 900 from the received Rayleigh and Mie-scattering data [0138]); predict, using the computer, an impact of the atmospheric condition on the atmospheric wind speed resulting in an identified wind turbine having a power output reduction; (Since unstable air can lead to and powers convective activity, ranging from simple dust-devils to tornadoes all of which may produce gusty conditions; furling thresholds may be reduced by a wind turbine controller when unstable air conditions exist [0140]); evaluating the atmospheric condition by correlating aerosol concentration with a predicted reduction in wind speed of the identified wind turbine at a wind-turbine location resulting in the identified wind turbine having the power output reduction (The accumulated data may be used to determine optimum wind-turbine specifications for, and predict expected power output of the wind-power system from, a wind power system or wind farm [0117]; We therefore offer a ground-based wind mapping system for site survey and/or system control that is capable of mapping and recording wind direction and velocity, along with air temperature, at a variety of altitudes and ranges of interest to a wind power system, even when the atmosphere is very clean of aerosols [0130]); predicting a resulting reduction in wind-turbine power output by the identified wind turbine at the wind-turbine location based on the predicted reduction in wind speed (Since wind may vary with season, as well as with terrain, it is desirable to record wind conditions at brief intervals over an extended time--extending over at least several months to a year--to determine suitable locations and optimum wind-turbine specifications for construction of wind power systems or wind-farms…The accumulated data may be used to determine optimum wind-turbine specifications for, and predict expected power output of the wind-power system from, a wind power system or wind farm [0117]); the atmospheric wind speed meeting a threshold for the wind turbine power output reduction (Since unstable air can lead to and powers convective activity, ranging from simple dust-devils to tornadoes all of which may produce gusty conditions; furling thresholds may be reduced by a wind turbine controller when unstable air conditions exist [0140]); generating a communication to a control system, the communication including a recommendation to initiate the cloud seeding (Computer 113 communicatively couples with transceiver 110 and processes signals from transceiver 110 to distinguish a molecular-scattered component 107A from an aerosol-scattered component 107B. Computer 113 determines the air parameters based on laser radiation 107 backscattered from molecules and/or aerosols, i.e., cloud seeding, in air 104 [0026]). However, does not explicitly disclose a computer implemented method for evaluating localized atmospheric conditions for selected cloud seeding to enhance localized electrical power generation from wind turbines, comprising; initiating cloud seeding to generate rain at the location and reduce the atmospheric condition, in response to the prediction of the impact on the atmospheric wind speed meeting a threshold for the wind turbine power output reduction; generating a communication to a control system, the communication including a recommendation to initiate the cloud seeding based on the prediction of the impact on the atmospheric wind speed meeting the threshold for the wind turbine power output reduction; and initiating cloud seeding in response to the predicted reduction in the wind-turbine power output of the identified wind turbine. Nevertheless, Defelice discloses a computer implemented method for evaluating localized atmospheric conditions for selected cloud seeding to enhance localized electrical power generation from wind turbines, comprising (One or more embodiments provide a paradigm-shifting methodology and framework for using ‘Intelligent’ Systems during the performance (i.e., identify, conduct, monitor) and evaluation of weather modification, cloud seeding and inadvertent weather modification programs/activities [0034]); initiating cloud seeding to generate rain at the location and reduce the atmospheric condition, in response to the prediction of the impact on the atmospheric wind speed meeting a threshold for the wind turbine power output reduction (Consider the following exemplary scenario wherein the weather modification program requirement was to apply hygroscopic seeding material. It involves programmed thresholds based on analysis of existing measured drop size distribution and their relationship to the production of rain, and similarly based on analysis of measured below cloud base aerosol size distribution data [0089]; Each ‘Intelligent’ System seamlessly ingests, in near real-time, the sensor payload data (i.e., temperature, relative humidity, wind, updraft velocity, aerosol size distribution and droplet size distribution, and other as required), auxiliary/ancillary data (e.g., cloud locations, topography, seeding locations based on convection or other defined criteria, information from other ‘Intelligent’ Systems, satellites, radar, radiometer, data archives), NWP model data, seeding action data and autopilot or remote control data. The seeding action, where and when to seed, are determined by the seeding system software that extracts ancillary/auxiliary (or ‘other data’), NWP model data and/or platform sensor data inputs [0036]) and generating a communication to a control system, the communication including a recommendation to initiate the cloud seeding (One or more embodiments employ a simulator implementing software in the loop (SIL) technology 281-2, /281-1 to simulate the UAS flight characteristics, UAS payload sensor data 275, 255, 263, 243, data 293 and mission planner output 287-1, 287-2. These outputs are used to optimize the seed/no seed thresholds and targeting algorithm, saving the high cost of trial and error approaches and ensuring success, and should provide a smaller number of false positive seeding condition detections (compared to current practices) [0057]); and initiating cloud seeding in response to the predicted reduction in the wind-turbine power output of the identified wind turbine (Consider the following exemplary scenario wherein the weather modification program requirement was to apply hygroscopic seeding material. It involves programmed thresholds based on analysis of existing measured drop size distribution and their relationship to the production of rain and similarly based on analysis of measured below cloud base aerosol size distribution data [0089]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell with the teachings of Defelice to optimize the seed/no seed thresholds and targeting algorithm, saving the high cost of trial and error approaches and ensure success, and provide a smaller number of false positive seeding condition detections (Defelice [0057]). However, Caldwell and DeFelice do not explicitly disclose initiating cloud seeding to generate rain at the location and reduce the atmospheric condition, in response to the prediction of the impact on the atmospheric wind speed meeting a threshold for the wind turbine power output reduction; generating a communication to a control system, the communication including a recommendation to initiate the cloud seeding based on the prediction of the impact on the atmospheric wind speed meeting the threshold for the wind turbine power output reduction; and initiating cloud seeding in response to the predicted reduction in the wind-turbine power output of the identified wind turbine. Nevertheless, Jacobson discloses initiating cloud seeding to generate rain at the location and reduce the atmospheric condition (Averaged over the basin during August, NCEP near surface wind speeds over land decreased from 4.2 m/s, when the aerosol optical depth (AOD) was in the lowest third of those measured, to 3.5 m/s (17% decrease) when the AOD was in the highest third. For February, wind speeds decreased over land from 7.5 m/s at low AOD to 6.5 m/s (13% decrease) at high AOD, pg. 1); and initiating cloud seeding…reduction in the wind-turbine power output of the wind turbine (Averaged over the basin during August, NCEP near surface wind speeds over land decreased from 4.2 m/s, when the aerosol optical depth (AOD) was in the lowest third of those measured, to 3.5 m/s (17% decrease) when the AOD was in the highest third. For February, wind speeds decreased over land from 7.5 m/s at low AOD to 6.5 m/s (13% decrease) at high AOD, pg. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to determine whether aerosol particles can reduce wind speed and improve accuracy of the prediction for wind turbine power output. Regarding Claim 18, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 17. However, Caldwell does not explicitly discloses initiating the cloud seeding using the control system in response to the communication including the recommendation to initiate the cloud seeding. Nevertheless, Defelice discloses initiating the cloud seeding using the control system in response to the communication including the recommendation to initiate the cloud seeding (One or more embodiments automatically measure such information more accurately and from a more relevant location and use same to automatically initiate the seeding [0023]; Adaptive control refers to the improved performance and increased robustness of an autonomous system by configuring its control system to adjust the autonomous systems' seeding action as a function of measurements [0044]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to optimize seeding at a rate that will yield maximum conversion of cloud water to precipitation and improve accuracy of the control system. Regarding Claim 19, Caldwell, Defelice, and Jacobson disclose the claimed invention discussed in claim 17. However, Caldwell does not explicitly disclose estimating an amount of cloud seeding to generate rain at the location to reduce the atmospheric condition sending the amount of cloud seeding and the impact prediction to a control system for initiating a cloud seeding technique. Nevertheless, Defelice discloses estimating an amount of cloud seeding to generate rain at the location to reduce the atmospheric condition; and sending the amount of cloud seeding and the impact prediction to a control system for initiating a cloud seeding technique (The airborne ‘Intelligent’ System is guided, in one or more embodiments, by using the ‘real-time’ in situ-based measurements and flight guidance from the GCS Mission planner 287-1, 287-2 and SIL database 281-1, 281-2 to navigate the ‘Intelligent’ System autonomously to areas of suitable temperature, relative humidity, updraft velocity, aerosol size distribution and droplet size distribution to implement optimal seeding. Optimal seeding means that seeding starts and proceeds at a rate that will yield maximum conversion of cloud water to precipitation that falls in the intended location on the ground, or target area. Software-in-the-loop (SIL) technology, for example, is used in one or more embodiments to integrate the data from past missions of a similar kind and to evaluate them to formulate a mission plan [0059]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to generate rain at the location to reduce the atmospheric condition sending the amount of cloud seeding and the impact prediction to a control system for initiating a cloud seeding technique. Regarding Claim 20, Caldwell discloses a computer program product for evaluating localized atmospheric conditions to enhance localized electrical power generation from wind turbines (A computer processes signals from the one or more transceivers to distinguish molecular scattered laser radiation from aerosol scattered laser radiation and determines air temperatures, wind speeds, and wind directions based on the scattered laser radiation. Applications of the method to wind power site evaluation, wind turbine control, weather monitoring, aircraft air data sensing, and airport safety are presented [0009]): the computer program product comprising a computer readable storage medium having program instructions embodied therewith, the program instructions executable by a computer to cause the computer to perform functions, by the computer, comprising the functions to; receive, at a computer, wind farm data related to a plurality of wind turbines for generating electrical power at a location, the wind farm data collected from sensors at the location (A computer processes signals from the one or more transceivers to distinguish molecular scattered laser radiation from aerosol scattered laser radiation and determines air temperatures, wind speeds, and wind directions based on the scattered laser radiation. Applications of the method to wind power site evaluation, wind turbine control, weather monitoring, aircraft air data sensing, and airport safety are presented [0009]; Since wind may vary with season, as well as with terrain, it is desirable to record wind conditions at brief intervals over an extended time--extending over at least several months to a year--to determine suitable locations and optimum wind-turbine specifications for construction of wind power systems or wind-farms [0117]; Applications of the method to wind power site evaluation, wind turbine control, weather monitoring, aircraft air data sensing, and airport safety are presented [0009]); receive, at the computer, data of atmospheric conditions at least in part at the location, the data including atmospheric wind speed (It is desirable to obtain wind speed and direction data at multiple altitudes at each proposed site, including at the surface, at hub altitude, and at blade minimum and maximum altitudes; obtaining this data is part of a site survey for a wind power system [0117]); assess, using the computer, an atmospheric condition in the atmosphere at the location using the wind farm data and the data of the atmospheric conditions (Computer 950 receives information from all three (or more) receiver electronics 940, 942, 944 and calculates windspeed and wind direction at various ranges from the apparatus 900 from the received Rayleigh and Mie-scattering data [0138]); predict, using the computer, an impact of the atmospheric condition on the atmospheric wind speed resulting in an identified wind turbine having a power output reduction (Since unstable air can lead to and powers convective activity, ranging from simple dust-devils to tornadoes all of which may produce gusty conditions; furling thresholds may be reduced by a wind turbine controller when unstable air conditions exist [0140]); evaluate the atmospheric condition by correlating aerosol concentration with a predicted reduction in wind speed of the identified wind turbine at a wind-turbine location resulting in the identified wind turbine having the power output reduction (The accumulated data may be used to determine optimum wind-turbine specifications for, and predict expected power output of the wind-power system from, a wind power system or wind farm [0117]; We therefore offer a ground-based wind mapping system for site survey and/or system control that is capable of mapping and recording wind direction and velocity, along with air temperature, at a variety of altitudes and ranges of interest to a wind power system, even when the atmosphere is very clean of aerosols [0130]); predict a resulting reduction in wind-turbine power output by the identified wind turbine at the wind-turbine location based on the predicted reduction in wind speed (Since wind may vary with season, as well as with terrain, it is desirable to record wind conditions at brief intervals over an extended time--extending over at least several months to a year--to determine suitable locations and optimum wind-turbine specifications for construction of wind power systems or wind-farms…The accumulated data may be used to determine optimum wind-turbine specifications for, and predict expected power output of the wind-power system from, a wind power system or wind farm [0117]); the atmospheric wind speed meeting a threshold for the wind turbine power output reduction (Since unstable air can lead to and powers convective activity, ranging from simple dust-devils to tornadoes all of which may produce gusty conditions; furling thresholds may be reduced by a wind turbine controller when unstable air conditions exist [0140]); generate a communication to a control system, the communication including a recommendation to initiate the cloud seeding (Computer 113 communicatively couples with transceiver 110 and processes signals from transceiver 110 to distinguish a molecular-scattered component 107A from an aerosol-scattered component 107B. Computer 113 determines the air parameters based on laser radiation 107 backscattered from molecules and/or aerosols, i.e., cloud seeding, in air 104 [0026]). However, does not explicitly disclose a computer implemented method for evaluate localized atmospheric conditions for selected cloud seeding to enhance localized electrical power generation from wind turbines, comprising; initiate cloud seeding to generate rain at the location and reduce the atmospheric condition, in response to the prediction of the impact on the atmospheric wind speed meeting a threshold for the wind turbine power output reduction; generate a communication to a control system, the communication including a recommendation to initiate the cloud seeding based on the prediction of the impact on the atmospheric wind speed meeting the threshold for the wind turbine power output reduction; and initiate cloud seeding in response to the predicted reduction in the wind-turbine power output of the identified wind turbine. Nevertheless, Defelice discloses a computer implemented method for evaluating localized atmospheric conditions for selected cloud seeding to enhance localized electrical power generation from wind turbines, comprising (One or more embodiments provide a paradigm-shifting methodology and framework for using ‘Intelligent’ Systems during the performance (i.e., identify, conduct, monitor) and evaluation of weather modification, cloud seeding and inadvertent weather modification programs/activities [0034]); initiate cloud seeding to generate rain at the location and reduce the atmospheric condition, in response to the prediction of the impact on the atmospheric wind speed meeting a threshold for the wind turbine power output reduction (Consider the following exemplary scenario wherein the weather modification program requirement was to apply hygroscopic seeding material. It involves programmed thresholds based on analysis of existing measured drop size distribution and their relationship to the production of rain, and similarly based on analysis of measured below cloud base aerosol size distribution data [0089]; Each ‘Intelligent’ System seamlessly ingests, in near real-time, the sensor payload data (i.e., temperature, relative humidity, wind, updraft velocity, aerosol size distribution and droplet size distribution, and other as required), auxiliary/ancillary data (e.g., cloud locations, topography, seeding locations based on convection or other defined criteria, information from other ‘Intelligent’ Systems, satellites, radar, radiometer, data archives), NWP model data, seeding action data and autopilot or remote control data. The seeding action, where and when to seed, are determined by the seeding system software that extracts ancillary/auxiliary (or ‘other data’), NWP model data and/or platform sensor data inputs [0036]) and generate a communication to a control system, the communication including a recommendation to initiate the cloud seeding (One or more embodiments employ a simulator implementing software in the loop (SIL) technology 281-2, /281-1 to simulate the UAS flight characteristics, UAS payload sensor data 275, 255, 263, 243, data 293 and mission planner output 287-1, 287-2. These outputs are used to optimize the seed/no seed thresholds and targeting algorithm, saving the high cost of trial and error approaches and ensuring success, and should provide a smaller number of false positive seeding condition detections (compared to current practices) [0057]); and initiate cloud seeding in response to the predicted reduction in the wind-turbine power output of the identified wind turbine (Consider the following exemplary scenario wherein the weather modification program requirement was to apply hygroscopic seeding material. It involves programmed thresholds based on analysis of existing measured drop size distribution and their relationship to the production of rain and similarly based on analysis of measured below cloud base aerosol size distribution data [0089]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell with the teachings of Defelice to optimize the seed/no seed thresholds and targeting algorithm, saving the high cost of trial and error approaches and ensure success, and provide a smaller number of false positive seeding condition detections (Defelice [0057]). However, Caldwell and DeFelice do not explicitly disclose initiate cloud seeding to generate rain at the location and reduce the atmospheric condition, in response to the prediction of the impact on the atmospheric wind speed meeting a threshold for the wind turbine power output reduction; generate a communication to a control system, the communication including a recommendation to initiate the cloud seeding based on the prediction of the impact on the atmospheric wind speed meeting the threshold for the wind turbine power output reduction; and initiate cloud seeding in response to the predicted reduction in the wind-turbine power output of the identified wind turbine. Nevertheless, Jacobson discloses initiate cloud seeding to generate rain at the location and reduce the atmospheric condition (Averaged over the basin during August, NCEP near surface wind speeds over land decreased from 4.2 m/s, when the aerosol optical depth (AOD) was in the lowest third of those measured, to 3.5 m/s (17% decrease) when the AOD was in the highest third. For February, wind speeds decreased over land from 7.5 m/s at low AOD to 6.5 m/s (13% decrease) at high AOD, pg. 1); and initiate cloud seeding…reduction in the wind-turbine power output of the wind turbine (Averaged over the basin during August, NCEP near surface wind speeds over land decreased from 4.2 m/s, when the aerosol optical depth (AOD) was in the lowest third of those measured, to 3.5 m/s (17% decrease) when the AOD was in the highest third. For February, wind speeds decreased over land from 7.5 m/s at low AOD to 6.5 m/s (13% decrease) at high AOD, pg. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell and Defelice with the teachings of Jacobson to determine whether aerosol particles can reduce wind speed and improve accuracy of the prediction for wind turbine power output. Response to Arguments 35 USC § 101 Applicant’s arguments filed, 05/21/2026 with respect to claims 1-20 have been fully considered and are persuasive. The rejection of claims 1-20 has been withdrawn. 35 USC § 103 Applicant' s arguments with respect to claims 1-20 have been considered but are moot in view of new grounds of rejection. With regards to disclosing “Defelice does not teach evaluating aerosol concentration or particulate-related atmospheric conditions, correlating aerosols with wind-speed attenuation, predicting future reductions in wind speed attributable to aerosols, predicting wind-turbine power output reductions, or initiating or control cloud seeding based on predicted energy loss”. Jacobson in combination with Caldwell and Defelice addresses correlating aerosol concentration with wind speed and power-output reduction (Methods, pg. 1). The Examiner submits that according to MPEP 2145, “One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., Inc., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Where a rejection of a claim is based on two or more references, a reply that is limited to what a subset of the applied references teaches or fails to teach, or that fails to address the combined teaching of the applied references may be considered to be an argument that attacks the reference(s) individually. Where an applicant’s reply establishes that each of the applied references fails to teach a limitation and addresses the combined teachings and/or suggestions of the applied prior art, the reply as a whole does not attack the references individually as the phrase is used in Keller and reliance on Keller would not be appropriate. This is because "[T]he test for obviousness is what the combined teachings of the references would have suggested to [a PHOSITA]." In re Mouttet, 686 F.3d 1322, 1333, 103 USPQ2d 1219, 1226 (Fed. Cir. 2012).” Conclusion Applicants’ amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicants are reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for replying 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARAH ZAAB whose telephone number is (571)272-4973. The examiner can normally be reached Monday - Friday 7:00 am - 4:30 pm. /SHARAH ZAAB/Examiner, Art Unit 2857 /ALEXANDER SATANOVSKY/Primary Examiner, Art Unit 2857
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Prosecution Timeline

Oct 24, 2023
Application Filed
Mar 03, 2026
Non-Final Rejection mailed — §103
May 07, 2026
Interview Requested
May 20, 2026
Applicant Interview (Telephonic)
May 20, 2026
Examiner Interview Summary
May 21, 2026
Response Filed
Aug 20, 2026
Final Rejection mailed — §103 (current)

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