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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
DETAILED ACTION
Claims status
Claims 1-20 are pending as the applicant filed Preliminary Amendment on 06/04/2024.
Citation of Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See MPEP 707.05. Although the prior art discloses several unclaimed, some claimed limitation. The closest Prior Art of record are considered to be defined by:
Viswanathan (US 20160080709 A1) described a method comprising: measuring distances between a scanning laser projector and a plurality of projection points in a field of view of the scanning laser projector; determining if the plurality of projection points lie substantially in a plane; and if the plurality of projection points do not lie substantially in a plane, performing at least one action in response to an obstruction in the field of view. In operation, proximity sensor 704 receives reflections from the projection points and measures a distance as described above. The distance (R) is provided to planarity detector 710 on node 705. Proximity sensor 704 also receives a proximity threshold value on 703. In some embodiments, the proximity threshold value corresponds to an operating distance to satisfy a specific laser system class rating. For example, when the distance between the proximity sensor and all of the projection points is greater than the proximity threshold, operation at laser powers permissible in that class rating is allowed. Also for example, when the distance between the proximity sensor and any of the projection points is less than the proximity threshold, operation at higher laser powers may be unacceptable because with the reduced range the laser system class rating would be violated.
Gulati (US 20110295510 A1) described a method comprising, obtaining normalized voxel data for a voxel from voxelized microseismic data for a geological subsurface formation; obtaining normalized control voxel data from microseismic data from a period known not to have significant fracture events; generating spectral data from the normalized control voxel data; performing a first non-linear coupling of the voxel data with spectral data to generate a first resonance, wherein the coupling is driven by noise having an intensity within a first cutoff band; in response to generating the first resonance, adjusting the cutoff band to a second cutoff band, different than the first cutoff band; performing a second non-linear coupling of the voxel data with the spectral data associated with an attribute of the subsurface formation to generate a second resonance, wherein the second coupling is driven by noise having an intensity within a second cutoff band; in response to generating the second resonance, generating an indication that the attribute exists in the voxel, wherein the attribute comprises a subsurface fracture; and in response to the second coupling not producing a second resonance producing an indication that the attribute does not exists in the voxel.
Gulati (US 20110218737 A1) described a machine-implemented method, comprising: voxelizing seismic data for a geological subsurface formation of interest into multiple voxels having respective locations in the formation of interest; and determining whether a voxel in the multiple voxels includes an attribute; and outputting whether the voxel includes the attribute to an attribute volume based on the location; and performing the determining and the outputting for at least some other of the multiple voxels, wherein determining whether a voxel in the multiple voxels includes an attribute comprises determining whether the voxel in the multiple voxels includes a porosity attribute; and the method further comprising assembling the at least some of the other of the multiple voxels into a porosity cube.
Goldstein (US 20220057519 A1) described a method of automated threat detection and deterrence, the method comprising: identifying, by a processor communicatively connected to an imaging device and a deterrent component, a subject as a function of a detection of the subject by the imaging device; determining, by the processor, a behavior descriptor associated with the subject; selecting, by the processor, a mode of a first deterrent mode and a second deterrent mode as a function of the behavior descriptor; and commanding, by the processor, the deterrent component to perform an action of a first deterrent action and a second deterrent action as a function of the mode, wherein the first deterrent action is distinct from the second deterrent action.
Aharonson (US 20220172639 A1) described asystem configured to provide a session of music learning to a user, comprising: a memory for storing data and executable instructions; and a processor that is configured to execute the execution instructions to result in the following: obtaining a sound capturing and playback configuration; setting a first parameter of the at least one speaker or the at least one microphone in accordance with the initial configuration; displaying to the user musical notations based on which the user produces user-generated sound; playing background music (BGM) of a piece selected by the user through the at least one speaker configured in accordance with the initial configuration; capturing, through the at least one microphone, composite sound including the user-generated sound and one of the following: the BGM, environmental noise, or both; processing the captured composite sound to recognize the user-generated sound; and determining, based on the processing, whether the sound capturing and/or playback configuration is to be adapted to improve recognizing the user-generated sound.
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 a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a computer-implemented method that constrains prestack seismic
wavefront attributes, comprising: wavefront attributes in
intervals sized to include a representative subset of an original seismic dataset; a semblance threshold to the wavefront attributes based on an estimated semblance value, wherein wavefront attributes that satisfy the semblance threshold are retained; , the retained wavefront attributes to reduce a range of possible values appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of minimum and maximum
values of the wavefront attributes based on statistical criteria are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements of applying, transforming, estimating, using the at least one hardware processor, wavefront attributes for the original seismic dataset using the selected minimum and maximum values of the wavefront attributes appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 1 not eligible.
Claim 8, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to an apparatus comprising a non-transitory, computer readable, storage
medium that stores instructions that, when executed by at least one processor, cause the at least one processor to perform operations comprising: estimating wavefront attributes in intervals sized to include a representative subset of an original seismic dataset; applying a semblance threshold to the wavefront attributes based on an estimated semblance value, wherein wavefront attributes that satisfy the semblance threshold are retained appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of transforming the retained wavefront attributes to reduce a range of possible values; selecting minimum and maximum values of the wavefront attributes based on statistical criteria are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements of estimating wavefront attributes for the original seismic dataset using the selected minimum and maximum values of the wavefront attributes appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 8 not eligible.
Claim 15, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a system, comprising: one or more memory modules; one or more hardware processors communicably coupled to the one or more memory modules, the one or more hardware processors configured to execute
instructions stored on the one or more memory models to perform operations
comprising: estimating wavefront attributes in intervals sized to include a representative subset of an original seismic dataset; applying a semblance threshold to the wavefront attributes based on an estimated semblance value, wherein wavefront attributes that satisfy the semblance threshold are retained;
transforming the retained wavefront attributes to reduce a range of possible
values appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of selecting minimum and maximum values of the wavefront attributes based on statistical criteria are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements of estimating wavefront attributes for the original seismic dataset using the selected minimum and maximum values of the wavefront attributes appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 15 not eligible.
Claim 2 related to selecting minimum and maximum values of the wavefront attributes based on statistical criteria is performed in a time-frequency domain, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 2 not eligible.
Claim 3 related to transforming the retained wavefront attributes to reduce a range of possible values comprises rotating the distribution of wavefront attribute values to reduce corresponding intervals, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 3 not eligible.
Claim 4 related to transforming the estimated wavefront attributes into a time domain, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 4 not eligible.
Claim 5 related to wherein the estimated semblance value is determined by determining a ratio of energy of a first trace to the energy of neighboring traces, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 5 not eligible.
Claim 6 related to performing a subsequent rotation of the retained wavefront attributes to reduce variability of the retained wavefront attributes, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 6 not eligible.
Claim 7 related to wherein the original seismic dataset comprises a plurality of seismic traces captured from an environment, the method further comprising:
for each seismic trace of the plurality of seismic traces, generating a respective
output trace corresponding to the seismic trace, wherein the respective output traces collectively form an output seismic dataset, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 7 not eligible.
Claim 9 related to wherein selecting minimum and maximum values of the wavefront attributes based on statistical criteria is performed in a time-
frequency domain, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 9 not eligible.
Claim 10 related to transforming the retained wavefront attributes to reduce a range of possible values comprises rotating the distribution of wavefront attribute values to reduce corresponding intervals, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 10 not eligible.
Claim 11 related to transforming the estimated wavefront attributes into a time domain, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 11 not eligible.
Claim 12 related to the estimated semblance value is determined by determining a ratio of energy of a first trace to the energy of neighboring traces, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 12 not eligible.
Claim 13 related to comprising performing a subsequent rotation of the retained wavefront attributes to reduce variability of the retained wavefront attributes, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 13 not eligible.
Claim 14 related to the original seismic dataset comprises a plurality of scismic traces captured from an environment, the method further comprising: for each seismic trace of the plurality of seismic traces, generating a respective output trace corresponding to the seismic trace, wherein the respective output traces
collectively form an output seismic dataset, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 14 not eligible.
Claim 16 related to selecting minimum and maximum values of the wavefront attributes based on statistical criteria is performed in a time-frequency domain, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 16 not eligible.
Claim 17 related to transforming the retained wavefront attributes to reduce a range of possible values comprises rotating the distribution of wavefront attribute values to reduce corresponding intervals, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 17 not eligible.
Claim 18 related to transforming the estimated wavefront attributes into a time domain, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 18 not eligible.
Claim 19 related to the estimated semblance value is determined by determining a ratio of energy of a first trace to the energy of neighboring traces, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 19 not eligible.
Claim 20 related to performing a subsequent rotation of the retained wavefront attributes to reduce variability of the retained wavefront attributes, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 20 not eligible.
Contact information
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM 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, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
August 26, 2026
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