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 § 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 1-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) the abstract idea of a mathematical algorithm for producing an objective function characterizing the sensors of an oil/gas well quantum dot delivery device [See the second-to-last line of Page 5 of the claim set of 5/17/2024].
This judicial exception is not integrated into a practical application because no improvement to the underlying delivery device or oil/gas well is realized through performance of the algorithm.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the delivery of quantum dots into oil/gas wells for tracing purposes is well-understood, routine, and conventional [See the references cited in the Conclusion section] and the delivery of the quantum dot labeling liquid is needed in order to perform the algorithm (the specifics of the “labeling liquid” amounting to the recitation of a mere field-of-use regarding the application for the algorithm). The recited sensors are necessary to gather the data needed in order to perform the algorithm. The recited client-server edge computer network amounts to the recitation of well-understood, routine, and conventional computer components [See Satoh, 5G-enabled Edge Computing for MapReduce-based Data Pre-processing, IEEE, 2020 and Stankovski et al., The Impact of Edge Computing on Industrial Automation, IEEE, 2020] and does not serve to amount to the recitation of significantly more than the abstract idea itself (see Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014)). The recited additional actions (i.e., “control parameters” and “perform maintenance”) are non-specific and amount to recitations to “use” the algorithm results. The recited “monitoring and display system” and “geographic information system” amount to the recitation of general-purpose computer components in the performance of mere extra-solution activity.
Allowable Subject Matter
The instant Claims are rejected under 35 USC 101. Were those rejections to be overcome, the following would be a statement of reasons for the indication of allowable subject matter: The prior art of record fails to disclose the specifics regarding the determination and optimization of the objective function per the second-to-last line of Page 5 of the claim set of 5/17/2024, in combination with all other limitations in the claim as claimed and defined by the Applicant.
Response to Arguments
Applicant argues:
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787
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Examiner’s Response:
The Examiner agrees. The instant claims are directed to a machine/apparatus.
Applicant argues:
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294
789
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121
786
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606
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509
776
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Examiner’s Response:
The Examiner respectfully disagrees. The claim(s) recite(s) the abstract idea of a mathematical algorithm for producing an objective function characterizing the sensors of an oil/gas well quantum dot delivery device [See the second-to-last line of Page 5 of the claim set of 5/17/2024].
Applicant argues:
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685
792
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558
787
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296
787
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428
794
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512
786
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385
787
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516
791
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Examiner’s Response:
The Examiner respectfully disagrees. The judicial exception is not integrated into a practical application because no improvement to the underlying delivery device or oil/gas well is realized through performance of the algorithm.
Applicant argues:
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338
785
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558
793
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Examiner’s Response:
The Examiner respectfully disagrees. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the delivery of quantum dots into oil/gas wells for tracing purposes is well-understood, routine, and conventional [See the references cited in the Conclusion section] and the delivery of the quantum dot labeling liquid is needed in order to perform the algorithm (the specifics of the “labeling liquid” amounting to the recitation of a mere field-of-use regarding the application for the algorithm). The recited sensors are necessary to gather the data needed in order to perform the algorithm. The recited client-server edge computer network amounts to the recitation of well-understood, routine, and conventional computer components [See Satoh, 5G-enabled Edge Computing for MapReduce-based Data Pre-processing, IEEE, 2020 and Stankovski et al., The Impact of Edge Computing on Industrial Automation, IEEE, 2020] and does not serve to amount to the recitation of significantly more than the abstract idea itself (see Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014)). The recited additional actions (i.e., “control parameters” and “perform maintenance”) are non-specific and amount to recitations to “use” the algorithm results. The recited “monitoring and display system” and “geographic information system” amount to the recitation of general-purpose computer components in the performance of mere extra-solution activity.
Applicant argues:
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687
791
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424
782
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Examiner’s Response:
The Examiner respectfully disagrees. The claim(s) recite(s) the abstract idea of a mathematical algorithm for producing an objective function characterizing the sensors of an oil/gas well quantum dot delivery device [See the second-to-last line of Page 5 of the claim set of 5/17/2024]. The judicial exception is not integrated into a practical application because no improvement to the underlying delivery device or oil/gas well is realized through performance of the algorithm.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Anopov et al., Production Logging Using Quantum Dots Tracers, SPE, 2019
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THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE ROBERT QUIGLEY whose telephone number is (313)446-4879. The examiner can normally be reached 9AM-5PM EST.
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, Arleen Vazquez can be reached at (571) 272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE R QUIGLEY/Primary Examiner, Art Unit 2857
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