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 .
Claims Objections
Claim 1 recites the limitations:
“the maximum water storage” in Page 1, line 14,
“the precipitation” in Page 1, line 21,
“the water exchange” Page 1, in line 23,
“the minimum debris flow initiation critical flow” in Page 2, line 1.
“the width of the main channel” in Page 2, line 3,
“the average particle size” in Page 2, line 5,
“the slope of the main channel” in Page 2, line 7.
Claim 2 recites the limitations:
“the area of the target watershed” in Page 3, line 2,
“the average inclination of slopes” in Page 3, line 3,
“the intermediate amount” in Page 3, line 7.
There are insufficient antecedent basis for these limitations in the claims. The claims use a definite article “the”, however, the claim 1 does not recite the claim limitations of “a maximum water storage”, “a precipitation”, “a water exchange”, “a minimum debris flow initiation critical flow”, “a width of the main channel, “an average particle size”, “a slope of the main channel”; and the claim 2 does not recite the claim limitations of “an area of the target watershed”, “an average inclination of slopes”, and “an intermediate amount”.
Appropriate correction is required.
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 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
As to claim 1, the claim recites “An early warning method for debris flow disaster in a small watershed, characterized in:
step S100, monitoring field survey of a target watershed to acquire basic data of the target watershed, the basic data including topographic and hydrological data used to build a hydrological model; and deploying monitoring devices to collect real-time environmental monitoring data, the environmental monitoring data including evaporation, rainfall, and runoff data;
step S200, constructing a GR4J hydrological model of the target watershed using the basic data of the target watershed, and constructing, using the GR4J hydrological model, a water storage S model of the target watershed that is expressed by Equation 1-1,
S=S1+S2 Equation 1-1
in the Equation, S1 and S2 are the water storage of a runoff producing reservoir and the water storage of a confluence reservoir in the GR4J hydrological model, respectively, in mm;
step S300, based on the real-time environmental monitoring data, acquiring initial water storage Sint in the target watershed using the water storage S model;
step S400, measuring the maximum water storage Smax for runoff-induced debris flows in the target watershed using the water storage S model of the target watershed,
Smax = Sint + Y – Z – L + Rio Equation 2
L = 4.0 bM1.5/tan θ1.17 Equation 3
in the Equations, Smax is the maximum water storage for runoff-induced debris flows in the target watershed,
Sint is the initial water storage in the target watershed in mm, determined in step S300,
Y is the precipitation over the watershed in the GR4J hydrological model,
Z is the evaporation over the watershed in the GR4J hydrological model,
Rio is the water exchange between groundwater and the watershed in the GR4J hydrological model,
L is the minimum debris flow initiation critical flow in a main channel of the target watershed, in m3/s,
b is the width of the main channel of the target watershed, in m, determined according to the basis data,
M is the average particle size of trench bed debris, in mm, determined according to the basis data, and
Θ is the slope of the main channel of the target watershed, in °, determined according to the basis data;
step S500, measuring dynamic update values S1’ and S2’ of S1 and S2, as well as real-time water storage S(t) in the target watershed by taking rainfall data as an input to the water storage S model,
S(t) ＝ S1'+S2' Equation 1-2
step S600, measuring a debris flow early warning value K for the target watershed, and evaluating debris flow early warning content in the target watershed according to the value K,
K ＝ S(t)/Smax Equation 4
in the Equation, K is the debris flow early warning value for the target watershed.”
Under the Step 1 of the eligibility analysis, we determine whether the claim is directed to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (process for claim 1).
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the bold type portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject matter Eligibility Guidance, it falls into the grouping of subject matter when recited as such in a claim that covers mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations.
In claim 1, the steps identified in bold type are mathematical concepts, therefore, they are considered to be abstract idea.
Next, under the Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application.
In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
The claim comprises the following additional elements:
monitoring field survey of a target watershed to acquire basic data of the target watershed, the basic data including topographic and hydrological data used to build a hydrological model; and deploying monitoring devices to collect real-time environmental monitoring data, the environmental monitoring data including evaporation, rainfall, and runoff data; using the GR4J hydrological model; based on the real-time environmental monitoring data, acquiring initial water storage Sint in the target watershed using the water storage S model; measuring the maximum water storage Smax for runoff-induced debris flows in the target watershed using the water storage S model of the target watershed; measuring dynamic update values S1’ and S2’ of S1 and S2, as well as real-time water storage S(t) in the target watershed by taking rainfall data as an input to the water storage S model; measuring a debris flow early warning value K for the target watershed, and evaluating debris flow early warning content in the target watershed according to the value K.
The additional element “monitoring field survey of a target watershed to acquire basic data of the target watershed, the basic data including topographic and hydrological data used to build a hydrological model“ represents necessary data gathering and does not integrate the limitation into a practical application. The additional elements “deploying monitoring devices to collect real-time environmental monitoring data, the environmental monitoring data including evaporation, rainfall, and runoff data”: “using the GR4J hydrological model”; ”based on the real-time environmental monitoring data, acquiring initial water storage Sint in the target watershed using the water storage S model”; “measuring the maximum water storage Smax for runoff-induced debris flows in the target watershed using the water storage S model of the target watershed”; “measuring dynamic update values S1’ and S2’ of S1 and S2, as well as real-time water storage S(t) in the target watershed by taking rainfall data as an input to the water storage S model”; and “measuring a debris flow early warning value K for the target watershed, and evaluating debris flow early warning content in the target watershed according to the value K” are not sufficient to integrate the abstract idea into a practical application because they only add insignificant extra-solution activities to the judicial exception.
In conclusion, the above additional elements, considered individually and in combination with the other claims elements do not reflect an improvement to other technology or technical field, do not reflect improvements to the functioning of the computer itself, do not recite a particular machine, do not effect a transformation or reduction of a particular article to a different state or thing, and, therefore, do not integrate the judicial exception into a practical application. Therefore, the claim is directed to a judicial exception and require further analysis under the Step 2B.
The above claim, does not include additional elements that are sufficient to amount to significantly more than the judicial exception because they are generically recited and are well-understood/conventional in a relevant art as evidenced by the prior art of record (Step 2B analysis).
For example, monitoring field survey of a target watershed to acquire basic data of the target watershed, the basic data including topographic and hydrological data used to build a hydrological model is considered necessary data gathering. As recited in MPEP section 2106.05(g), necessary data gathering (i.e., acquiring data) is considered extra solution activity in light of Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015).
For example, deploying monitoring devices to collect real-time environmental monitoring data, the environmental monitoring data including evaporation, rainfall, and runoff data is disclosed by “Miao CN 116245284A”, Abstract, [0005], [0010], [0046]).]; and “Li CN 114115401A”, Abstract, [0006], [0017], [0018], [0031], [0035], [0058].
The claim, therefore, is not patent eligible.
With regards to the dependent claims, claims 2-10 provide additional features/steps which are considered part of an expanded abstract idea of the independent claims, and do not integrate the abstract ideas into a practical application.
The dependent claims are, therefore, also not patent eligible.
Examiner' s Note
Regarding Claims 1-10, the most pertinent prior arts are “Yin CN 110442937A”, “Miao CN 116245284A”, “Wang CN 105787589A”, and “Li CN 114115401A”.
As to claim 1, Yin teaches monitoring field survey of a target watershed to acquire basic data of the target watershed, the basic data including topographic and hydrological data used to build a hydrological model (Yin, Abstract, [0006], [0012], [0025]); and
constructing a GR4J hydrological model of the target watershed using the basic data of the target watershed, and constructing, using the GR4J hydrological model, a water storage S model of the target watershed (Yin, [0022], [0026], [0027], [0038], [0072], [0073]).
Miao teaches the basic data including topographic and hydrological data (Miao, 0010], [0046]);
deploying monitoring devices to collect real-time environmental monitoring data, the environmental monitoring data including evaporation, rainfall, and runoff data (Miao, Abstract, [0005], [0010], [0046]).
Wang teaches based on the real-time environmental monitoring data, acquiring initial water storage Sint in the target watershed using the water storage S model (Yes, [0011], [0018], [0067], Claims 1).
However, the prior arts of record, alone or in combination, do not fairly teach or suggest “a water storage S model of the target watershed that is expressed by S = S1 + S2 ” - Equation 1-1;
“measuring the maximum water storage Smax for runoff-induced debris flows in the target watershed using the water storage S model of the target watershed, Smax = Sint + Y – Z – L + Rio - Equation 2; L = 4.0 bM1.5/tan θ1.17 “ - Equation 3;
“measuring dynamic update values S1’ and S2’ of S1 and S2, as well as real-time water storage S(t) in the target watershed by taking rainfall data as an input to the water storage S model, S(t) ＝ S1'+S2' “ - Equation 1-2; and
“measuring a debris flow early warning value K for the target watershed, and evaluating debris flow early warning content in the target watershed according to the value K, K ＝ S(t)/Smax “ - Equation 4 including all limitations as claimed.
Dependent claims 2-10 are also distinguish over the prior art for at least the same reason as claim 1.
Examiner notes, however, that claims 1-10 are rejected under 35 U.S.C. 101, and therefore, not patent eligible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
“Ye CN 110428586A” teaches “The invention belongs to the technical field of rural grass-roots flood prevention early warning technique, and provides a rural grass-roots flood early warning method based on antecedent rainfall and an upstream and downstream topological relation. The change of the capacity that a drainage basin is resist to flood after every time of rainfall is considered mainly, and a disaster transfer relationship and an accumulative effect between an upper stream and a down stream inside the drainage basin are analyzed; and then the hazardous conditions inside the area are analyzed and researched dynamically, so that rainfall early warning of multiple factors is considered. Firstly, incidence relations between rainfall stations and villages and towns are established according to geographic positions, flood early warning is carried out on the villages and towns according to the associated rainfall values of the rainfall stations, and then, actually measured rainfall is corrected once by considering the influence of antecedent rainfall, and finally, actually measured rainfall is corrected secondly by considering the influence of the upstream and downstream topological relation. The influences of antecedent rainfall and the upstream and downstream
topological relation are considered comprehensively, the rural grass-roots flood early warning accuracy is improved, the problem that the early warning is inaccurate is greatly alleviated, scientific and practical early warning information is provided for grassroots flood prevention so as to assist grass-roots flood prevention mechanisms to make decisions”.
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/LAL CE MANG/Examiner, Art Unit 2857
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