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 .
Response to Amendment
Applicant's amendment and response filed 6/12/2025 has been entered and made record. This application contains 4 pending claims.
Claims 1 and 10 have been amended.
Claims 6 and 15 have been cancelled.
Response to Arguments
Applicant’s arguments regarding claims rejections under 35 U.S.C. 101 in claim 1, 8, 10, and 17 have been fully considered but they are not persuasive.
The applicant argues on pages 7-9 of the remark filed on 6/12/2025 that “ … applicant submits that the amended claim is directed to practical application at least because, considering the claim as a whole, a meaningful limitation is imposed on the judicial exception. For example, in amended claim 1, the steps of "converting", "filtering", "performing edge detection”, “extracting the one or more features", are limited to a method for real-time processing geophysical data associated with one or more boreholes. Further, the judicial exception in claim 1 is limited to processing of 1C, 3C or 4C seismic data, collected at a plurality of times and retrieved via optical fibers. Moreover, the judicial exceptions in claim 1 are limited to real- time reporting of differences between linear segments of visual images and baseline visual images, and performing oil and gas exploration based on the differences. Accordingly, the elements of claim 1 impose a meaningful limit on the judicial exception and cannot be considered a mere drafting effort designed to monopolize the judicial exception.”
The Examiner respectfully disagrees applicant’s argument. Practical application can be demonstrated by additional elements that are sufficient to integrate the judicial exception into a practical application. The additional elements “introducing a plurality of seismic shots, at a plurality of times, into the one or more boreholes via one or more seismic sources at a surface of at least one of the one or more boreholes”; “wherein the one or more seismic sensors comprise at least one of: 1C, 3C, or 4C seismic sensors”; “for each respective visual image: the baseline visual image comprise one of the respective visual image associated with an earlier one of the respective seismic shots”; “the one or more features of the baseline visual image comprise one or more linear segments associated with one or more seismic phases of the earlier one of the respective seismic shots”; and “reporting in real time to a user, via a display, at least one of: one or more differences between the one or more linear segments of the visual image and the one or more linear segments of the baseline visual image or a change in the geophysical data based on the one or more differences”, and “performing oil and gas exploration based on the at least one of: the differences between the one or more linear segments of the visual image and the one or more linear segments of the baseline visual image or the change in the geophysical data” 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 additional elements “acquiring seismic data of the plurality of seismic shots recorded by one or more seismic sensors located downhole in the one or more boreholes, wherein the geophysical data includes the seismic data of the plurality of seismic shots”, and “retrieving the geophysical data, at one or more processors, in real-time via one or more optical fibers” are considered necessary data gathering. As recited in MPEP section 2106.05(g), necessary data gathering (i.e. retrieving 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).
Therefore, the current claim does not recite additional elements that are indicative of integration of an abstract idea into a practical application as shown in the rejections. The alleged improvements to existing technology for seismic data processing and image processing techniques for geophysical data analysis relates to improvements to the abstract idea itself. Thus, the claim does not contain meaningful additional elements that are indicative of integration of an abstract idea into a practical application.
Independent claim 10 recites subject matter that are similar or analogous to that of claim 1, and therefore, the claim is also patent ineligible.
The dependent Claims 8 and 17 are considered part of an expanded abstract idea of the independent claims 1 and 10, and therefore, also ineligible.
Hence, the Examiner submits that the rejections of Claims 1, 8, 10, and 17 are proper.
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, 8, 10, and 17 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 for real-time processing geophysical data associated with one or more boreholes, the method comprising:
introducing a plurality of seismic shots, at a plurality of times, into the one or more boreholes via one or more seismic sources at a surface of at least one of the one or more boreholes;
acquiring seismic data of the plurality of seismic shots recorded by one or more seismic sensors located downhole in the one or more boreholes, wherein the geophysical data includes the seismic data of the plurality of seismic shots, and wherein the one or more seismic sensors comprise at least one of: 1C, 3C, or 4C seismic sensors;
retrieving the geophysical data, at one or more processors, in real-time via one or more optical fibers;
converting, via the one or more processors, the real-time geophysical data associated with each respective seismic shot of the plurality of seismic shots to a respective visual image, each respective visual image having a size smaller than a size of the geophysical data associated with the respective seismic shot, wherein each respective visual image represents an amplitude of a seismic waveform as a function of time and seismic sensor location for the respective seismic shot;
for each respective visual image: filtering, via the one or more processors, the visual image to remove noise from the visual image;
performing, via the one or more processors, real-time edge detection to enhance one or more features of the visual image using a Hough transform;
extracting, using image processing at the one or more processors, the one or more features of the visual image and one or more features of a baseline visual image, wherein:
the one or more features of the visual image comprise one or more linear segments associated with one or more seismic phases of the respective seismic shot;
the baseline visual image comprise one of the respective visual image associated with an earlier one of the respective seismic shots; and
the one or more features of the baseline visual image comprise one or more linear segments associated with one or more seismic phases of the earlier one of the respective seismic shots; and
reporting in real time to a user, via a display, at least one of: one or more differences between the one or more linear segments of the visual image and the one or more linear segments of the baseline visual image or a change in the geophysical data based on the one or more differences, and
performing oil and gas exploration based on the at least one of: the differences between the one or more linear segments of the visual image and the one or more linear segments of the baseline visual image or the change in the geophysical data.”
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 and apparatus for claim 10).
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 element:
introducing a plurality of seismic shots, at a plurality of times, into the one or more boreholes via one or more seismic sources at a surface of at least one of the one or more boreholes; acquiring seismic data of the plurality of seismic shots recorded by one or more seismic sensors located downhole in the one or more boreholes, wherein the geophysical data includes the seismic data of the plurality of seismic shots, and wherein the one or more seismic sensors comprise at least one of: 1C, 3C, or 4C seismic sensors; retrieving the geophysical data, at one or more processors, in real-time via one or more optical fibers; for each respective visual image: the baseline visual image comprise one of the respective visual image associated with an earlier one of the respective seismic shots; and the one or more features of the baseline visual image comprise one or more linear segments associated with one or more seismic phases of the earlier one of the respective seismic shots; and
reporting in real time to a user, via a display, at least one of: one or more differences between the one or more linear segments of the visual image and the one or more linear segments of the baseline visual image or a change in the geophysical data based on the one or more differences, and performing oil and gas exploration based on the at least one of: the differences between the one or more linear segments of the visual image and the one or more linear segments of the baseline visual image or the change in the geophysical data.”
The additional element “acquiring seismic data of the plurality of seismic shots recorded by one or more seismic sensors located downhole in the one or more boreholes, wherein the geophysical data includes the seismic data of the plurality of seismic shots”; and “retrieving the geophysical data, at one or more processors, in real-time via one or more optical fibers” represents necessary data gathering and do not integrate the abstract limitations into a practical application.
Additional elements “introducing a plurality of seismic shots, at a plurality of times, into the one or more boreholes via one or more seismic sources at a surface of at least one of the one or more boreholes”; “for each respective image”; “wherein the one or more seismic sensors comprise at least one of: 1C, 3C, or 4C seismic sensors”;
“for each respective visual image: the baseline visual image comprise one of the respective visual image associated with an earlier one of the respective seismic shots”; and “the one or more features of the baseline visual image comprise one or more linear segments associated with one or more seismic phases of the earlier one of the respective seismic shots”; and “reporting in real time to a user, via a display, at least one of: one or more differences between the one or more linear segments of the visual image and the one or more linear segments of the baseline visual image or a change in the geophysical data based on the one or more differences”, and “performing oil and gas exploration based on the at least one of: the differences between the one or more linear segments of the visual image and the one or more linear segments of the baseline visual image or the change in the geophysical data.” 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 additional elements “the one or more processors”, “using image processing at the one or more processors”, and “a display“ are not sufficient to integrate the abstract idea into a practical application because they are considered generic computer elements. As recited in the MPEP, 2106.05(b), merely adding a generic computer, generic computer components, or a programmed computer to perform generic computer functions does not automatically overcome an eligibility rejection. Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347, 2359-60, 110 USPQ2d 1976, 1984 (2014). See also OIP Techs. v. Amazon.com, 788 F.3d 1359, 1364, 115 USPQ2d 1090, 1093-94.
In conclusion, the above additional element, considered individually and in combination with the other claims elements does 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 element that is sufficient to amount to significantly more than the judicial exception because it is generically recited and is well-understood/conventional in a relevant art as evidenced by the prior art of record (Step 2B analysis).
For example, acquiring seismic data of the plurality of seismic shots recorded by one or more seismic sensors located downhole in the one or more boreholes, wherein the geophysical data includes the seismic data of the plurality of seismic shots is considered necessary data gathering. As recited in MPEP section 2106.05(g), necessary data gathering (i.e. retrieving 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, reporting to a user at least one or more differences between the one or more linear segments of the image and the one or more linear segments of the baseline image via a display is disclosed by “Al-Dossary US 20100027848”, FIGs. 1, #126; Claims 1 and 11, [0058]; and “Nuszen US 8738424 B2”, Claim 1.
Independent Claim 10 recites subject matter that is similar or analogous to that of claim 1, and therefore, the claim is also patent ineligible.
With regards to the dependent claims, claims 8 and 17 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 eligible.
Examiner’s Note
Regarding Claims 1, 8, 10, and 17, the most pertinent prior arts are “Wilson US 20070062696”, “Lou US 20090122646”, “Wang US 20210286099”, “Aarre US 20120271608”, “Wang US 20080260258”, “Nuszen US 8738424 B2”, “Thomas US 6430510”, “Bandura US 20190049610”, “Al-Dossary US 20100027848”, “Kho US 20170323036”, “Kristiansen US 20200191985”, “Varfolomeev US 20180247450”, and “Chapman US 20090152005”.
As to claim 1, Thomas teaches introducing a plurality of seismic shots, at a plurality of times, into the one or more boreholes via one or more seismic sources at a surface of at least one of the one or more boreholes (Thomas, FIG. 3, step 315; Col. 3, Lines 29-38; Col. 4, Lines 40-44; Col. 5, Lines 51-53; Col. 8, Line 66-67 to Col. 9, Lines 1-8);
retrieving the geophysical data, at one or more processors, in real-time via one or more optical fibers (Thomas, Col. 1, Lines 7-10; Col. 2, Lines 40-43 and 52-59; Col. 6, Lines 19-32).
Wilson teaches acquiring seismic data of the plurality of seismic shots recorded by one or more seismic sensors located downhole in the one or more boreholes, wherein the geophysical data includes the seismic data of the plurality of seismic shots (Wilson, [0044], [0047], [0056], [0071]).
Kristiansen teaches wherein the one or more seismic sensors comprise at least one of: 1C, 3C, or 4C seismic sensors (Kristiansen, [0122]).
Wang teaches for each respective visual image: filtering, via the one or more processors, the visual image to remove noise from the visual image; performing, via the one or more processors, edge detection to enhance one or more features of the visual image, (Wang, [0059], [0100], [0117], [0118], [0123]).
Varfolomeev teaches real-time edge detection to enhance one or more features of the visual image (Varfolomeev, [0033], [0065]).
Aarre teaches edge detection to enhance one or more features of the visual image using a Hough transform (Aarre, [0063]).
Bandura teaches extracting, using image processing at the one or more processors, the one or more features of the visual image and one or more features of a baseline visual image, wherein: the one or more features of the visual image comprise one or more linear segments associated with one or more seismic phases of the respective seismic shot (Bandura, [0004], [0007], [0011]).
Al-Dossary teaches the baseline visual image comprise one of the respective visual image associated with an earlier one of the respective seismic shots (Al-Dossary, Col. 1, Lines 51-56; Col. 3, Lines 33-42);
reporting in to a user, via a display, at least one of: one or more differences between the one or more linear segments of the visual image and the one or more linear segments of the baseline visual image or a change in the geophysical data (Al-Dossary, FIGs. 1, #126; Claims 1 and 11, [0058]).
Chapman teaches reporting in real time to a user (Chapman, [0088], [0090]).
Kho teaches performing oil and gas exploration based on the at least one of: the differences between the one or more linear segments of the visual image and the one or more linear segments of the baseline visual image or the change in the geophysical data (Kho, [0004]; [0033]; [0034]; [0035]; Claim 1).
However, the prior arts of record, alone or in combination, do not fairly teach or suggest “converting, via the one or more processors, the real-time geophysical data associated with each respective seismic shot of the plurality of seismic shots to a respective visual image, each respective visual image having a size smaller than a size of the geophysical data associated with the respective seismic shot, wherein each respective visual image represents an amplitude of a seismic waveform as a function of time and seismic sensor location for the respective seismic shot”;
“the one or more features of the baseline visual image comprise one or more linear segments associated with one or more seismic phases of the earlier one of the respective seismic shots” including all limitations as claimed.
As to claim 10, Thomas teaches one or more seismic sources at a surface of at least one of the one or more boreholes, the one or more seismic sources configured to introduce a plurality of seismic shots, at a plurality of times, into the one or more boreholes (Thomas, FIG. 3, step 315; Col. 3, Lines 29-38; Col. 4, Lines 40-44; Col. 5, Lines 51-53; Col. 8, Line 66-67 to Col. 9, Lines 1-8);
one or more processors configured to: retrieve the geophysical data in real-time via one or more optical fibers (Thomas, FIG. 1; Col. 1, Lines 7-10; Col. 2, Lines 40-43 and 52-59; Col. 6, Lines 19-32).
Wilson teaches one or more seismic sensors located downhole in the borehole, the one or more seismic sensors configured to acquire seismic data of the plurality of seismic shots, wherein the geophysical data includes the seismic data of the plurality of seismic shots (Wilson, [0044], [0047], [0056], [0071]).
Kristiansen teaches wherein the one or more seismic sensors comprise at least one of: 1C, 3C, or 4C seismic sensors (Kristiansen, [0122]).
Wang teaches for each respective visual image: filter the visual image to remove noise from the visual image; perform edge detection to enhance one or more features of the visual image, (Wang, [0059], [0100], [0117], [0118], [0123]).
Varfolomeev teaches real-time edge detection to enhance one or more features of the visual image (Varfolomeev, [0033], [0065]).
Aarre teaches edge detection to enhance one or more features of the visual image using a Hough transform (Aarre, [0063]).
Bandura teaches extract, using image processing, the one or more features of the visual image and one or more features of a baseline visual image, wherein the one or more features of the visual image comprise one or more linear segments associated with one or more seismic phases of the respective seismic shot (Bandura, [0004], [0007], [0011]).
Al-Dossary teaches the baseline visual image comprise one of the respective visual image associated with an earlier one of the respective seismic shots (Al-Dossary, Col. 1, Lines 51-56; Col. 3, Lines 33-42);
report to a user, via a display, at least one of: one or more differences between the one or more linear segments of the image and the one or more linear segments of the baseline image or a change in the geophysical data based on the one or more differences (Al-Dossary, FIGs. 1, #126; Claims 1 and 11, [0058]).
Chapman teaches reporting in real time to a user (Chapman, [0088], [0090]).
Kho teaches perform oil and gas exploration based on the at least one of: the differences between the one or more linear segments of the image and the one or more linear segments of the baseline image or the change in the geophysical data (Kho, [0004]; [0033]; [0034]; [0035]; Claim 1).
However, the prior arts of record, alone or in combination, do not fairly teach or suggest “convert the real-time geophysical data associated with each respective seismic shot of the plurality of seismic shots to a respective visual image, each respective visual image having a size smaller than a size of the geophysical data associated with the respective seismic shot, wherein visual image each respective represents an amplitude of a seismic waveform as a function of time and seismic sensor location for the respective seismic shot”;
“wherein the one or more features of the visual image comprise one or more linear segments associated with one or more seismic phases of the seismic shot” including all limitations as claimed.
Dependent claims 8 and 17 are also distinguish over the prior art for at least the same reason as claims 1 and 10.
Examiner notes, however, that claims 1, 8, 10, and 17 are rejected under 35 U.S.C. 101, and therefore, not patent eligible.
Conclusion
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 LAL CE MANG whose telephone number is (571)272-0370. The examiner can normally be reached Monday to Friday- 8:00-12:00, 1:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine T Rastovski can be reached at (571) 270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAL CE MANG/Examiner, Art Unit 2863
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2863
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