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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Although a certified copy has been filed, no English translation has been provided.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/31/2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a signal processing apparatus that executes a program without significantly more.
Claim 1 recites “A signal processing apparatus comprising: at least one memory storing instructions, and at least one processor configured to execute the instructions to (this limitations pertaining to a generic memory and generic processor do not amount to significantly more than the abstract idea); generate a plurality of signal source candidate positions (this limitation is considered to be a part of data gathering and is considered to be an insignificant extra-solution activity)); calculate a distortion signal, which is generated when a signal generated from a signal source distorts an optical fiber, based on a plurality of pieces of optical fiber laying information, a plurality of optical fiber gauge lengths, and a plurality of the signal source candidate positions (this limitation of calculating a distortion signal is mathematical process); receive a phase difference signal of backscattered light in an optical fiber gauge length section when an optical pulse signal is input to the optical fiber and converting the phase difference signal into a distortion signal (this limitation of receiving a signal is considered to be data gathering); and select a predetermined distortion signal having a highest similarity to the converted distortion signal from the plurality of calculated distortion signals, select a predetermined signal source candidate position corresponding to the predetermined distortion signal from a plurality of the signal source candidate positions (this step of selecting a signal is considered to be a mental step), and estimate the predetermined signal source candidate position as a generation position of the signal (this limitation of estimation is a mathematical process)
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the structural elements of a memory and a processor are generically recited.
Under the Step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claims 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 and all claims dependent upon it are considered to be in a statutory category (process).
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the limitations are towards estimating a location of a disturbance on an optical fiber based on calculating a distortion signal and reception of a phase difference signal, which constitute an abstract ideas, because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exception. 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 limitation, that covers mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations). These limitations are treated by the Examiner as belonging to the mathematical concept grouping.
The same reasoning above is applied to claims 2-9.
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 above claim comprises the additional elements of “a memory” and “a processor”, both of which are to be considered to be well-understood and conventional in the art. Processing circuitry, also known as CPUs and computers, are well known in the art to be used for quality analysis.
As discussed in the above evaluation Step 2A, the above claim does not include additional elements to amount to significantly more than the judicial exception, so the claim fails Step 2B analysis.
The claim, therefor, is not patent eligible.
The same 35 USC 101 rejection and reasoning is applied to independent claim 12 as well. Examiner suggests amending the claim to include a step which details what action is done/performed after the estimation step. This would integrate an abstract idea into a practical application.
Allowable Subject Matter
Claim 13 is allowed. None of the prior arts cited in the conclusion teach “calculating a distortion signal, which is generated when a signal generated from a signal source distorts an optical fiber, based on a plurality of pieces of optical fiber laying information, a plurality of optical fiber gauge lengths, and a plurality of the signal source candidate positions” and “and selecting a predetermined distortion signal having a highest similarity to the converted distortion signal from the plurality of calculated distortion signals, selecting a predetermined signal source candidate position corresponding to the predetermined distortion signal from a plurality of the signal source candidate positions, and estimating the predetermined signal source candidate position as a generation position of the signal.” The claimed invention is advantageous over the prior arts since the claimed invention compares simulated signals to a measured distortion signal derived from DAS phase-difference data. The source location, or disturbance location, can then be accurately estimated.
Conclusion
Claims 1-9 and 12 are not rejected under any prior art rejection. Overcoming the 35 USC 101 rejection would place those claims in a condition for allowance.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kitahara US 20230061220 – teaches a monitoring system for optical fibers
Udd US 4898468 – teaches a sagnac distributed sensor
Cedilnik US 20180259385 – teaches a system to determine strain changes in an optical fiber.
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/TARUN SINHA/Primary Examiner, Art Unit 2855
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