DETAILED ACTION
Non-Final Rejection
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/18/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The lengthy specification (more than 20 pages) has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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(s) 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Independent Claim 1 recites the limitation(s) of “signal processing device configured to: acquire measurement data of scattered light, which is brought by scattering of a plurality of light pulses having different optical frequencies, in an optical fiber; calculate a scattered light vector ri with each of the optical frequencies of scattered light, falling within a predetermined time range in which measurement is allowed at any point of the optical fiber; average scattered light vectors ri with each of the optical frequencies in terms of the time range; calculate a rotation angle ai for correcting a phase with each of the optical frequencies using a time average vector ri_avet obtained by the averaging; and correct the phase of the scattered light vector ri with each of the optical frequencies by rotating the phase of the scattered light vector ri with each of the optical frequencies by the rotation angle αi”.
For Step 1 of the Test, Independent Claim(s) 1 are directed to one of the four statutory categories, which is a signal processing device and method in phase optical time domain reflectometry (OTDR). Confirm Step 1 of the Test is YES.
For Step 2A (Prong One), Independent Claim(s) 1 is directed to the concept of measuring physical vibration applied to an optical fiber via phase optical time domain reflectometry (OTDR) that measures a phase of scattered light generated at each point of a measurement target optical fiber and observes a temporal change of the phase, defined by the limitations: “-acquire measurement data of scattered light, which is brought by scattering of a plurality of light pulses having different optical frequencies, in an optical fiber;- calculate a scattered light vector ri with each of the optical frequencies of scattered light, falling within a predetermined time range in which measurement is allowed at any point of the optical fiber; -average scattered light vectors ri with each of the optical frequencies in terms of the time range; -calculate a rotation angle ai for correcting a phase with each of the optical frequencies using a time average vector ri_avet obtained by the averaging; and -correct the phase of the scattered light vector ri with each of the optical frequencies by rotating the phase of the scattered light vector ri with each of the optical frequencies by the rotation angle αi”. These limitations recite an abstract idea which is directed to “mathematical concepts”. Confirm Step 2A (Prong One) of the Test is YES.
For Step 2A(Prong Two), this judicial exception is not integrated into a practical application, the claim recites the combination of additional element of “-acquire measurement data of scattered light, which is brought by scattering of a plurality of light pulses having different optical frequencies, in an optical fiber;- calculate a scattered light vector ri with each of the optical frequencies of scattered light, falling within a predetermined time range in which measurement is allowed at any point of the optical fiber; -average scattered light vectors ri with each of the optical frequencies in terms of the time range; -calculate a rotation angle ai for correcting a phase with each of the optical frequencies using a time average vector ri_avet obtained by the averaging; and -correct the phase of the scattered light vector ri with each of the optical frequencies by rotating the phase of the scattered light vector ri with each of the optical frequencies by the rotation angle αi”. These generic method limitation(s) is/are insignificant extra solution activities. Furthermore, “-acquire measurement data of scattered light, which is brought by scattering of a plurality of light pulses having different optical frequencies, in an optical fiber;- calculate a scattered light vector ri with each of the optical frequencies of scattered light, falling within a predetermined time range in which measurement is allowed at any point of the optical fiber; -average scattered light vectors ri with each of the optical frequencies in terms of the time range; -calculate a rotation angle ai for correcting a phase with each of the optical frequencies using a time average vector ri_avet obtained by the averaging; and -correct the phase of the scattered light vector ri with each of the optical frequencies by rotating the phase of the scattered light vector ri with each of the optical frequencies by the rotation angle αi” is commonly known in the art of signal processing as evidenced by WAKISAKA (US 2022/0221314 A1) in [0056], wherein, the measuring device 31 measures scattered light from a measurement target optical fiber 6 as follows. Continuous light having a frequency f.sub.0 and a single wavelength is emitted from a CW light source 1 and bifurcated into reference light and probe light by a coupler 2. The probe light is shaped into a wavelength-multiplexed light pulse such as a light pulse 4 by a light modulator 3. The light pulse 4 has a configuration in which minute pulses 4a each having a frequency f.sub.0+f.sub.i (i is an integer) and a pulse width set to a value W corresponding to the spatial resolution of measurement in the optical-fiber longitudinal direction are arranged for i=1, 2, . . . , N (N is an integer). The frequencies f.sub.i are selected to be sufficiently separated so that it can be regarded that the intensity of scattered light at each time and each place has no correlation between the values of i different from each other; in ([0057]) , wherein, the kind of the light modulator 3 is not specifically specified as long as the light modulator 3 is capable of generating the light pulse 4, and the number thereof may be two or more. For example, a SSB modulator or a frequency-variable AO modulator may be used as the light modulator 3, and further intensity modulation by SOA or the like may be performed to increase the extinction ratio in pulsing; and in ([0058]); wherein, the light pulse 4 is incident on the measurement target optical fiber 6 through a circulator 5. Light scattered at each point in an optical fiber 6 in the longitudinal direction returns to the circulator 5 as backscattered light and is incident on one input unit of a 90-degree optical hybrid 7. The reference light bifurcated by the coupler 2 is incident on the other input unit of the 90-degree optical hybrid 7.
Accordingly, these additional element(s) are insignificant extra solution activities and thus do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Then claim is directed to the abstract idea.
For Step 2B, the additional element(s) in claims are considered and amount to no more than insignificant extra solution activities, the same analysis applies in this step 2B as discussed in Step 2A Prong Two. Therefore, Independent Claim(s) 1 is ineligible. The claims recite the additional elements of “-acquire measurement data of scattered light, which is brought by scattering of a plurality of light pulses having different optical frequencies, in an optical fiber;- calculate a scattered light vector ri with each of the optical frequencies of scattered light, falling within a predetermined time range in which measurement is allowed at any point of the optical fiber; -average scattered light vectors ri with each of the optical frequencies in terms of the time range; -calculate a rotation angle ai for correcting a phase with each of the optical frequencies using a time average vector ri_avet obtained by the averaging; and -correct the phase of the scattered light vector ri with each of the optical frequencies by rotating the phase of the scattered light vector ri with each of the optical frequencies by the rotation angle αi”. Independent Claim(s) 1 require no more than a generic mathematical concepts to perform the generic functions that are well-understood, routine and conventional activities previously known in the industry and nothing significantly more; specifically how and what the results of “correcting the phase of the scattered light vector ri with each of the optical frequencies by rotating the phase of the scattered light vector ri with each of the optical frequencies by the rotation angle αi” is applied; and “the benefits /improvements to the technical field of the uses for the results for the steps of performing the signal processing device. These conventional activities merely improve the abstract idea of obtaining and comparing personally identifiable information. While the additional elements limit the abstract idea to a specific field, there is no improvement to the functioning of the signal processor nor is there an improvement to another technology or technical field. Considering the additional elements individually, Claim(s) 1 does not include elements that are sufficient to amount to significantly more than the judicial exception. Considering the additional elements in combination does not add anything more than the elements analyzed individually that is significantly more than the abstract idea. Confirm Step 2B of the Test is NO. Therefore, the claims are not patent eligible.
Independent Claim(s) 7
Independent Claim 7 recites “a signal processing method for performing signal processing of measurement data of scattered light, which is brought by scattering of a plurality of light pulses having different optical frequencies, in an optical fiber, the signal processing method comprising: calculating a scattered light vector ri with each of the optical frequencies of scattered light, falling within a predetermined time range in which measurement is allowed at any point of the optical fiber; averaging scattered light vectors ri with each of the optical frequencies in terms of the time range; calculating a rotation angle ai for correcting a phase with each of the optical frequencies using a time average vector ri_avet obtained by the averaging; and correcting the phase of the scattered light vector ri with each of the optical frequencies by rotating the phase of the scattered light vector ri with each of the optical frequencies by the rotation angle αi”.
For Step 1 of the Test, Independent Claim(s) 13-14 are directed to one of the four statutory categories, which is signal processing method for performing signal processing of measurement data of scattered light. Confirm Step 1 of the Test is YES.
For Step 2A(Prong One), Independent Claim(s) 13-14 are directed to the concept of measuring physical vibration applied to an optical fiber via phase optical time domain reflectometry (OTDR) that measures a phase of scattered light generated at each point of a measurement target optical fiber and observes a temporal change of the phase, defined by the limitations: “-calculating a scattered light vector ri with each of the optical frequencies of scattered light, falling within a predetermined time range in which measurement is allowed at any point of the optical fiber; -averaging scattered light vectors ri with each of the optical frequencies in terms of the time range; -calculating a rotation angle ai for correcting a phase with each of the optical frequencies using a time average vector ri_avet obtained by the averaging; and -correcting the phase of the scattered light vector ri with each of the optical frequencies by rotating the phase of the scattered light vector ri with each of the optical frequencies by the rotation angle αi”. These limitations recite an abstract idea which is directed to “mathematical concepts”. Confirm Step 2A(Prong One) of the Test is YES.
For Step 2A(Prong Two), this judicial exception is not integrated into a practical application, the claim recites the combination of additional element of “calculating a scattered light vector ri with each of the optical frequencies of scattered light, falling within a predetermined time range in which measurement is allowed at any point of the optical fiber; -averaging scattered light vectors ri with each of the optical frequencies in terms of the time range; -calculating a rotation angle ai for correcting a phase with each of the optical frequencies using a time average vector ri_avet obtained by the averaging; and -correcting the phase of the scattered light vector ri with each of the optical frequencies by rotating the phase of the scattered light vector ri with each of the optical frequencies by the rotation angle αi”. These generic method limitation(s) is/are insignificant extra solution activities. Furthermore, “calculating a scattered light vector ri with each of the optical frequencies of scattered light, falling within a predetermined time range in which measurement is allowed at any point of the optical fiber; -averaging scattered light vectors ri with each of the optical frequencies in terms of the time range; -calculating a rotation angle ai for correcting a phase with each of the optical frequencies using a time average vector ri_avet obtained by the averaging; and -correcting the phase of the scattered light vector ri with each of the optical frequencies by rotating the phase of the scattered light vector ri with each of the optical frequencies by the rotation angle αi” is commonly known in the art of signal processing as evidenced by WAKISAKA (US 2022/0221314 A1) in [0056], wherein, the measuring device 31 measures scattered light from a measurement target optical fiber 6 as follows. Continuous light having a frequency f.sub.0 and a single wavelength is emitted from a CW light source 1 and bifurcated into reference light and probe light by a coupler 2. The probe light is shaped into a wavelength-multiplexed light pulse such as a light pulse 4 by a light modulator 3. The light pulse 4 has a configuration in which minute pulses 4a each having a frequency f.sub.0+f.sub.i (i is an integer) and a pulse width set to a value W corresponding to the spatial resolution of measurement in the optical-fiber longitudinal direction are arranged for i=1, 2, . . . , N (N is an integer). The frequencies f.sub.i are selected to be sufficiently separated so that it can be regarded that the intensity of scattered light at each time and each place has no correlation between the values of i different from each other; in ([0057]) , wherein, the kind of the light modulator 3 is not specifically specified as long as the light modulator 3 is capable of generating the light pulse 4, and the number thereof may be two or more. For example, a SSB modulator or a frequency-variable AO modulator may be used as the light modulator 3, and further intensity modulation by SOA or the like may be performed to increase the extinction ratio in pulsing; and in ([0058]); wherein, the light pulse 4 is incident on the measurement target optical fiber 6 through a circulator 5. Light scattered at each point in an optical fiber 6 in the longitudinal direction returns to the circulator 5 as backscattered light and is incident on one input unit of a 90-degree optical hybrid 7. The reference light bifurcated by the coupler 2 is incident on the other input unit of the 90-degree optical hybrid 7. Accordingly, these additional element(s) are insignificant extra solution activities and thus do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Then claim is directed to the abstract idea.
For Step 2B, the additional element(s) in claims are considered and amount to no more than insignificant extra solution activities, the same analysis applies in this step 2B as discussed in Step 2A Prong Two. Therefore, Independent Claim(s) 7 is ineligible. The claims recite the additional elements of “calculating a scattered light vector ri with each of the optical frequencies of scattered light, falling within a predetermined time range in which measurement is allowed at any point of the optical fiber; -averaging scattered light vectors ri with each of the optical frequencies in terms of the time range; -calculating a rotation angle ai for correcting a phase with each of the optical frequencies using a time average vector ri_avet obtained by the averaging; and -correcting the phase of the scattered light vector ri with each of the optical frequencies by rotating the phase of the scattered light vector ri with each of the optical frequencies by the rotation angle αi. Independent Claim(s) 7 requires no more than a generic mathematical concepts to perform the generic functions that are well-understood, routine and conventional activities previously known in the industry and nothing significantly more; specifically, how and what the results of the correcting the phase of the scattered light vector ri with each of the optical frequencies by rotating the phase of the scattered light vector ri with each of the optical frequencies by the rotation angle αi. These conventional activities merely improve the abstract idea of obtaining and comparing personally identifiable information. While the additional elements limit the abstract idea to a specific field, there is no improvement to the functioning of the signal processing nor is there an improvement to another technology or technical field. Considering the additional elements individually, Independent Claim(s) 7 does not include elements that are sufficient to amount to significantly more than the judicial exception. Considering the additional elements in combination does not add anything more than the elements analyzed individually that is significantly more than the abstract idea. Confirm Step 2B of the Test is NO. Therefore, the claims are not patent eligible.
Subsequent Dependent claims 2-6
For Step 1 of the Test, Dependent claims 2-6 includes the steps of: “the time range is a time range of one discretional block out of a plurality of blocks into which an acquisition time of measurement data is divided, andthe signal processing device is configured to correct the phase of the scattered light vector ri with each of the optical frequencies, per block. (Claim 2)”. “correct the phase of the scattered light vector ri using the calculated rotation angle ai falling into a previous block (Claim 3)”. “an AD conversion function element configured to individually convert an in-phase component and a quadrature component of scattered light into digital signals; an optical frequency separation unit configured to separate an in-phase component and a quadrature component Q digital of the digital signals output from the AD conversion function element into a signal li and a signal Q with each of the optical frequencies; a rotation angle calculation unit configured to calculate the scattered light vector ri using the signal li and the signal Q output from the optical frequency separation unit, average the calculated scattered light vectors ri in terms of the time range, and calculate the rotation angle al using the time average vector ri_avet obtained by the averaging; and a phase correction unit configured to correct the phase of the scattered light vector ri, calculated by the rotation angle calculation unit, using the rotation angle al calculated by the rotation angle calculation unit, wherein processing in the AD conversion function element, the optical frequency separation unit, and the rotation angle calculation unit are executable independently and in parallel (Claim 4)”. “frequency-average vectors Ri obtained by rotation by the rotation angle αi, calculate an angle θavef of a frequency average vector Ravef after frequency- averaging, and calculate a vibration waveform using the angle θavef (Claim 5)”. “a measurement device configured to measure scattered light, which is brought by scattering of a plurality of light pulses having different optical frequencies, in an optical fiber; and acquire measurement data of scattered light measured by the measurement device, calculate a scattered light vector ri of scattered light at a discretional point of the optical fiber, and calculate a phase change of the calculated scattered light vector ri (Claim 6)”. Confirm Step 1 of the Test is YES.
For Step 2A(Prong One), Independent Dependent claims 2-6 recite the limitation(s) of: “the time range is a time range of one discretional block out of a plurality of blocks into which an acquisition time of measurement data is divided, andthe signal processing device is configured to correct the phase of the scattered light vector ri with each of the optical frequencies, per block. (Claim 2)”. “correct the phase of the scattered light vector ri using the calculated rotation angle ai falling into a previous block (Claim 3)”. “an AD conversion function element configured to individually convert an in-phase component and a quadrature component of scattered light into digital signals; an optical frequency separation unit configured to separate an in-phase component and a quadrature component Q digital of the digital signals output from the AD conversion function element into a signal li and a signal Q with each of the optical frequencies; a rotation angle calculation unit configured to calculate the scattered light vector ri using the signal li and the signal Q output from the optical frequency separation unit, average the calculated scattered light vectors ri in terms of the time range, and calculate the rotation angle al using the time average vector ri_avet obtained by the averaging; and a phase correction unit configured to correct the phase of the scattered light vector ri, calculated by the rotation angle calculation unit, using the rotation angle al calculated by the rotation angle calculation unit, wherein processing in the AD conversion function element, the optical frequency separation unit, and the rotation angle calculation unit are executable independently and in parallel (Claim 4)”. “frequency-average vectors Ri obtained by rotation by the rotation angle αi, calculate an angle θavef of a frequency average vector Ravef after frequency- averaging, and calculate a vibration waveform using the angle θavef (Claim 5)”. “a measurement device configured to measure scattered light, which is brought by scattering of a plurality of light pulses having different optical frequencies, in an optical fiber; and acquire measurement data of scattered light measured by the measurement device, calculate a scattered light vector ri of scattered light at a discretional point of the optical fiber, and calculate a phase change of the calculated scattered light vector ri (Claim 6)”. These limitations recite an abstract idea which is directed to “mathematical concepts”. Confirm Step 2A (Prong One) of the Test is YES.
For Step 2A (Prong Two), this judicial exception is not integrated into a practical application, the claims do not include any additional elements that integrate the abstract idea into a practical application.
For Step 2B, the Subsequent Dependent Claim(s) 2-6 do not include any additional elements that are sufficient to amount to significantly more than the judicial exception for similar reasons as that discussed in Step 2A Prong Two.
The additional limitations recited in the Dependent Claim(s) 2-6 fail to establish that the dependent claims are not directed to an abstract idea. The additional limitations of the dependent claims, when considered individually and in combination, do not amount to significantly more than the abstract idea. Accordingly, Dependent Claim(s) 2-6 are not patent eligible.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMIE M N'DURE whose telephone number is (571)272-6031. The examiner can normally be reached on 8AM-5:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Isam Alsomiri can be reached on 571-272-6970. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMIE M NDURE/Examiner, Art Unit 3645
/ABDALLAH ABULABAN/Primary Examiner, Art Unit 3645
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