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 1-25 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 “A method of estimating characteristics of an input signal, the method comprising:
inputting the input signal into a first tracker to determine a first estimate of characteristics of the input signal, the first estimate comprising a first amplitude estimate and a first frequency estimate,
determining a normalised signal from the input signal by:
normalising the amplitude of the input signal using the first amplitude estimate; and/or
heterodyning the input signal using a heterodyne frequency determined based on a sum and/or difference between the first frequency estimate and a filter frequency; and
inputting the normalised signal into a second tracker to determine a second estimate of characteristics of the input signal, the second tracker comprising at least one Prism filter, wherein the second tracker is configured to pass a narrower range of frequencies than the first tracker, and wherein the second tracker is configured to pass the filter frequency;
wherein at least one of the first tracker and the second tracker comprises or is derived from at least one Prism filter, wherein: each Prism filter is configured to evaluate double integrals of the form:
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where s(t) is an input to the respective Prism filter, m is a characteristic frequency of the respective Prism filter, [sin|cos] represents a sine or a cosine operation, and q is an optional phase offset variable, and h is a harmonic number of the respective Prism filter.”
As to claim 20, the claim recites “A method of filtering an input signal, the method comprising:
applying a sequence of one or more filter stages to the input signal, wherein:
the input to a first filter stage in the sequence is the input signal, and the input to any subsequent filter stages in the sequence is a respective downsampled signal generated by an immediately preceding filter stage; and
applying a respective filter stage of the sequence of one or more filter stages comprises:
heterodyning the input for the respective filter stage based on a respective target frequency and a respective filter frequency;
applying a respective convolutional filter to a subset of samples of the heterodyned input selected based on a respective downsampling factor, the respective convolutional filter configured to pass the respective filter frequency;
generating a respective downsampled signal from outputs of the respective convolutional filter applied to the subset of samples; and
applying a tracker stage to the downsampled signal generated by a final filter stage in the sequence of one or more filter stages, wherein applying the tracker stage comprises:
heterodyning the downsampled signal generated by the final filter stage based on a tracker target frequency and a tracker filter frequency;
applying a tracker filter to the heterodyned downsampled signal generated by the final filter stage to determine one or more characteristics of the input signal;
wherein each respective convolutional filter is derived from a network of Prism filters comprising at least one Prism filter, and the tracker filter comprises or is derived from at least one Prism filter, wherein each Prism filter is configured to evaluate double integrals of the form:
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where s(t) is an input to the respective Prism filter, m is a characteristic frequency of the respective Prism filter, [sin|cos] represents a sine or a cosine operation, and q is an optional phase offset variable, and h is a harmonic number of the respective Prism filter.”
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 claims 1 and 20).
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 claims 1 and 20, 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 1 comprises the following additional elements:
inputting the input signal into a first tracker; inputting the normalised signal into a second tracker, the second tracker comprising at least one Prism filter, wherein the second tracker is configured to pass a narrower range of frequencies than the first tracker, and wherein the second tracker is configured to pass the filter frequency; and wherein at least one of the first tracker and the second tracker comprises or is derived from at least one Prism filter.
The additional elements “inputting the input signal into a first tracker”; “inputting the normalised signal into a second tracker, the second tracker comprising at least one Prism filter, wherein the second tracker is configured to pass a narrower range of frequencies than the first tracker, and wherein the second tracker is configured to pass the filter frequency”; and “wherein at least one of the first tracker and the second tracker comprises or is derived from at least one Prism filter” are not sufficient to integrate the abstract idea into a practical application because they only add insignificant extra-solution activities to the judicial exception.
The claim 20 comprises the following additional elements:
applying a sequence of one or more filter stages to the input signal, wherein: the input to a first filter stage in the sequence is the input signal, and the input to any subsequent filter stages in the sequence is a respective downsampled signal generated by an immediately preceding filter stage; and applying a respective filter stage of the sequence of one or more filter stages comprises: heterodyning the input for the respective filter stage based on a respective target frequency and a respective filter frequency; heterodyning the downsampled signal generated by the final filter stage based on a tracker target frequency and a tracker filter frequency; wherein each respective convolutional filter is derived from a network of Prism filters comprising at least one Prism filter, and the tracker filter comprises or is derived from at least one Prism filter.
The additional elements “applying a sequence of one or more filter stages to the input signal”; “wherein: the input to a first filter stage in the sequence is the input signal, and the input to any subsequent filter stages in the sequence is a respective downsampled signal generated by an immediately preceding filter stage”;
“applying a respective filter stage of the sequence of one or more filter stages comprises: heterodyning the input for the respective filter stage based on a respective target frequency and a respective filter frequency”; “heterodyning the downsampled signal generated by the final filter stage based on a tracker target frequency and a tracker filter frequency”; and “wherein each respective convolutional filter is derived from a network of Prism filters comprising at least one Prism filter, and the tracker filter comprises or is derived from at least one Prism filter” 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 claims are directed to a judicial exception and require further analysis under the Step 2B.
The above claims, do 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, inputting the input signal into a first tracker is disclosed by “Henry US 20190294649”, [0042], [0043], [0057]; and “Henry WO 2019211309 A1”, Abstract, [0159], [00], [00], [00].
For example, the second tracker comprising at least one Prism filter, and wherein the second tracker is configured to pass the filter frequency is disclosed by “Henry US 20190294649”, Abstract, [0012], [0042]. [0057], [0083], [0156], [0158], [0179]; and “Henry WO 2018087344 A2”, [0915], [0921], [0947].
The claims, therefore, are not patent eligible.
With regards to the dependent claims, claims 2-19 and 21-25 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 1-25, the most pertinent prior arts are “Henry US 20190294649”; “WO 2019211309A1”; “Henry WO 2018087344A2”; “Zopf US 20080033583”; “Henrot US 6505131B1”; “Henry (The prism: Recursive FIR Signal Processing for Instrumentation Applications), IEEE, March 10, 2020”; and “Henry (Spectral analysis techniques using Prism signal processing), ScienceDirect, published 28 September 2020”.
Hisham,
As to claims 1 and 20, Henry teaches inputting the input signal into a first tracker to determine a first estimate of characteristics of the input signal, the first estimate comprising a first amplitude estimate and a first frequency estimate (Henry, [0011], [0032], [0042], [0057]);
wherein at least one of the first tracker and the second tracker comprises or is derived from at least one Prism filter, wherein: each Prism filter is configured to evaluate double integrals of the form:
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(Henry, [0084], [0179]).
Henrot teaches determining a normalised signal from the input signal by (Henrot, Claim 1, Claim 2, Claim 13):
normalising the amplitude of the input signal using the first amplitude estimate (Henrot, Claim 1, Claim 13); or heterodyning the input signal using a heterodyne frequency determined based on a sum and/or difference between the first frequency estimate and a filter frequency.
However, the prior arts of record, alone or in combination, do not fairly teach or suggest “inputting the normalised signal into a second tracker to determine a second estimate of characteristics of the input signal, the second tracker comprising at least one Prism filter, wherein the second tracker is configured to pass a narrower range of frequencies than the first tracker, and wherein the second tracker is configured to pass the filter frequency” including all limitations as claimed.
Dependent claims 2-19, and 21-25 are also distinguished over the prior art for at least the same reason as claims 1 and 20.
Examiner notes, however, that claims 1-25 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.
“Prince US 3953670A” teaches “A video tracking system including a processor unit for adaptive gating and processing video output signals from a television camera to form computing signals therefrom. The time duration of the computing signals is representative of the duration of corresponding increments of area of a selected target image, and their amplitude is an inverse function of the total image area. The computing signals are further processed within a pair of error detector channels, each having a plurality of integrators interconnected by gating circuits controlled by fixed time duration computing gates, to form output signals representative of the relative angular position of the centroid of the image.”
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/LAL CE MANG/Primary Examiner, Art Unit 2857
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