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 without significantly more.
Claim 1 recites the steps of:
“dividing a subsurface parameter profile…” - given a profile a person can mentally (or w/the aid of pen and paper) divide it into units 20 see fig. 7…see step 120, [0028-30] and figs 7-11
“splitting each stratigraphic unit…” - a person can mentally (or w/the aid of pen and paper) divide it into layers 30 fig.10…see step 130, [0031-32] and 10-11
“determining a layer parameter value…” - this is math (probability distribution) or mental (estimating), see step 140 [0035-37]
selecting a corresponding layer parameter value…” - this is mental (randomly selecting values w/in a range), any selecting is merely looking at the data and mentally selecting a value. See step 150[0038]; and
generating the parameter realization…” - is a mental step (or w/the aid of pen and paper. See 40 on fig. 11. A person can look at the data and determine the constant values. Step 170, [0042-43].
The additional elements have been considered alone, and in combination with the claimed invention as a whole, but does not integrate the abstract idea into a practical application. As a result, the invention is directed towards and abstract idea.
The claim do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
The dependent claims are directed towards an abstract idea without significantly more.
Pertinent Art Cited
Please see PTO-892 form for references.
Conclusion
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/SUJOY K KUNDU/Supervisory Patent Examiner, Art Unit 2471 January 30, 2025