Prosecution Insights
Last updated: April 19, 2026
Application No. 18/173,235

TEMPERATURE COMPENSATION FOR ACOUSTIC STRUCTURAL MONITORING

Non-Final OA §103
Filed
Feb 23, 2023
Examiner
YOUNG, MONICA S
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kabushiki Kaisha Toshiba
OA Round
3 (Non-Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
391 granted / 525 resolved
+6.5% vs TC avg
Strong +33% interview lift
Without
With
+32.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
35 currently pending
Career history
560
Total Applications
across all art units

Statute-Specific Performance

§101
6.1%
-33.9% vs TC avg
§103
48.0%
+8.0% vs TC avg
§102
8.9%
-31.1% vs TC avg
§112
33.2%
-6.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 525 resolved cases

Office Action

§103
Detailed Action 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/29/2025 has been entered. Response to Amendment Applicant’s submission filed 12/29/2025 includes changes to the claims, remarks and arguments related to the previous rejection. The above have been entered and considered. Claims 1-20 are currently pending. Response to Arguments With regard to the 103 rejection: Applicant’s arguments and/or amendments with regard to Claims 1-20 have been considered in light of the previous references. The arguments and amended claims do not overcome the prior art at the time of the filing of the invention. Upon further consideration, a new ground(s) of rejection is made in view of a new combination of the prior references of Takamine in view of Troxler. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-6, 8, 11-13 & 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Takamine (US 20170363586; “Takamine”) in view of Troxler (US 20070046289: “Troxler”). Claim 1. Takamine discloses a structure evaluation system (Fig. 1: 100) comprising: a plurality of elastic wave sensors (Fig. 1: 10-1 to 10-N) [0025] and a controller (20) comprising a processor and a memory [0021], the controller (20) being configured to; locate positions of sources [0022: the position locator 201 receives an AE signal output from the signal processor 11 as an input. Also, the position locator 201 pre-stores information on an installation position of the AE sensor 10 in the structure (hereinafter referred to as “sensor position information”) by associating the information to a sensor ID] of a plurality of elastic waves generated from a structure [0018] and detected [0025] by the plurality of elastic wave sensors (Fig. 1: 10-1 to 10-N) on the basis of the plurality of elastic waves [0025: As in the case of the elastic wave 33 due to damage, the position locator 201 can identify an approximate collision position of the raindrop 31 by locating a position with respect to the elastic wave 33 generated by rain. In this way, an impact caused by collision of a micro-object is art impact applied to a surface (the road surface 32 in FIG. 2) opposite to the surface at which the AE sensor 10 is installed evaluate a deterioration state of the structure [0056: a corrector configured to correct information based on the position location in the position locator using a correction value which is determined according to a temperature of the structure; and an evaluator configured to evaluate a deterioration state of the structure on the basis of the corrected information]. Takamine does not explicitly disclose: a controller configured to correct information based on the position locations using a correction value which is determined according to a temperature of the structure; and evaluate a deterioration state of the structure on the basis of the corrected information, wherein the information is corrected using a first correction value or a second correction value as the correction value, the first correction value being a value for correcting a density of an elastic wave source density distribution which represents a distribution showing density values determined according to the number of elastic wave sources in each area, and the second correction value being a value for correcting a threshold for detecting elastic wave hits Troxler teaches a controller (MPC) configured to correct information based on the position locations using a correction value which is determined according to a temperature of the structure [0080: the acoustical energy data may be combined with temperature measurements by temperature sensor 142 for determining a density or modulus of asphalt 200. In one example, penetrometer 104 is operable of exciting impulse or swept frequency waves into sample material 200 to be received by at least one of acoustic detectors 124 and 126. Modulus and density may be determined based on surface waves]; and evaluate a deterioration state of the structure on the basis of the corrected information [0145: FIG. 6 is a graph showing the linear relationship between variations of a construction mix's void percentage and modulus. Further, the temperature of a sample material is related to bulk density (ASTM D-4311) and modulus. FIG. 7 is a graph showing the relationship between variations of asphalt temperature and modulus. The subject matter described herein may correct for density estimations using known relationships between void measurements and/or temperature measurements and modulus of a sample material] using a first correction value as the correction value (Figure 7) [0145], the first correction value being a value for correcting a density of an elastic wave source [0080: the acoustical energy data may be combined with temperature measurements by temperature sensor 142 for determining a density or modulus of asphalt 200] density distribution which represents a distribution showing density values [0080-0081] determined according to the number of elastic wave sources in each area [0103] & [0145]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Troxler’s temperature compensation processing of elastic surface signals in structural monitoring with Takamine’s, as modified, measured elastic signals because temperature compensation of the density measurements improves the processing of measured elastic waves to distinguish quality of structural materials [Troxler 0007]. Claim 2. Dependent on the structure evaluation system according to claim 1. Takamine, as modified, does not explicitly disclose: the structure has a structure formed of at least two materials with different responses to temperature. Troxler teaches the structure (106) has a structure formed of at least two materials with different responses to temperature [0048: In this example, the pavement structure may be composed of asphaltic material or concrete surface, base, and subgrade, each having a material thickness t and characterized by the elastic modulus E, Poisson ratio v, and aggregate interface friction] section [0073: Another temperature sensor 147 may be positioned in a "downhole" configuration in the interior of penetrometer end 102. Temperature sensor 147 may be operable to measure a temperature associated with an interior of construction material 106]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Troxler’s temperature probe seatable in a slab with Takamine’s , as modified, acoustic monitoring of structural health of a pavement structure because adjusting the acoustic measurement with slab temperature improve the accuracy in flaw detection as temperature changes occur [Troxler 0005]. Claim 3. Dependent on the structure evaluation system according to claim 1. Takamine, as modified, does not explicitly disclose: a floor slab section that supports the pavement section, and wherein the temperature of the structure is a value associated with a temperature of the pavement section. Troxler teaches a floor slab section [0048: In this example, the pavement structure may be composed of asphaltic material or concrete surface, base, and subgrade, each having a material thickness t and characterized by the elastic modulus E, Poisson ratio v, and aggregate interface friction] that supports the pavement section (106), and wherein the temperature of the structure is a value associated with a temperature (147) of the pavement section [0073: Another temperature sensor 147 may be positioned in a "downhole" configuration in the interior of penetrometer end 102. Temperature sensor 147 may be operable to measure a temperature associated with an interior of construction material 106]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Troxler’s temperature probe seatable in a slab with Takamine’s , as modified, acoustic monitoring of structural health of a pavement structure because adjusting the acoustic measurement with slab temperature improve the accuracy in flaw detection as temperature changes occur [Troxler 0005]. Claim 4. Dependent on the structure evaluation system according to claim 3. Takamine, as modified, does not explicitly disclose: the information based on the position location includes information on a density, and wherein the corrector performs correction using the correction value such that the density increases when the temperature of the pavement section is high and the density decreases when the temperature of the pavement section is low. Troxler teaches the information based [0004] on the position location (0080: location of the accelerometer 204) includes information on a density [0079], and wherein information is corrected (192) using the correction value (Fig. 7) such that the density increases when the temperature of the pavement section is high and the density decreases when the temperature of the pavement section is low [0145: further, the temperature of a sample material is related to bulk density (ASTM D-4311) and modulus. FIG. 7 is a graph showing the relationship between variations of asphalt temperature and modulus. The subject matter described herein may correct for density estimations using known relationships between void measurements and/or temperature measurements and modulus of a sample material. Further, correction for HMA modulus may be obtained by temperature correction. Thus, a method for non-nuclear density measurement may be implemented by the subject matter described herein. In as much as the acoustical phase velocity is related to the variables of sheer modulus G and mass density .rho., and electromagnetic methods are multi-variable and chaotic systems, the systems described herein yield accurate and repeatable density measurements]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Troxler’s temperature, density and modulus compensation processing of elastic signals in structural monitoring with Takamine’s, as modified, measured elastic signals because temperature compensation improves the processing of measured elastic properties to determine structural health of a pavement structure in dynamic temperature environments [Troxler 0005]. Claim 5. Dependent on the structure evaluation system according to claim 4. Takamine, as modified, does not explicitly disclose: the correction value is calculated with reference to a correction table in which a value of a Young’s modulus at each temperature is registered. Troxler teaches the information based [0004] (192) performs correction using the correction value (Fig. 7) is calculated with reference to a correction table in which a value of a Young’s modulus at each temperature is registered [0145: further, the temperature of a sample material is related to bulk density (ASTM D-4311) and modulus. FIG. 7 is a graph showing the relationship between variations of asphalt temperature and modulus. The subject matter described herein may correct for density estimations using known relationships between void measurements and/or temperature measurements and modulus of a sample material. Further, correction for HMA modulus may be obtained by temperature correction. Thus, a method for non-nuclear density measurement may be implemented by the subject matter described herein. In as much as the acoustical phase velocity is related to the variables of sheer modulus G and mass density .rho., and electromagnetic methods are multi-variable and chaotic systems, the systems described herein yield accurate and repeatable density measurements]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Troxler’s temperature, density and modulus compensation processing of elastic signals in structural monitoring with Takamine’s, as modified, measured elastic signals because temperature compensation improves the processing accuracy of measured elastic properties to determine structural health of a pavement structure in dynamic temperature environments [Troxler 0005]. Claim 6. Dependent on the structure evaluation system according to claim 1. Takamine, as modified, does not explicitly disclose: the information is corrected such that a threshold value for detecting the plurality of elastic waves decreases when the temperature of the structure is high and the threshold value increases when the temperature of the structure is low. Troxler teaches a controller (Fig. 1: MPC) the information is corrected such that a threshold value for detecting the plurality of elastic waves decreases (Fig. 7) when the temperature of the structure is high (Fig. 7) and the threshold value increases when the temperature of the structure is low (Fig. 7) [0145]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Troxler’s temperature compensation processing of elastic signals in structural monitoring dependent on the high vs. low temperature thresholding with Takamine’s, as modified, measured elastic signals because temperature compensation improves the processing of measured elastic waves to distinguish damage from environmental and operational effects [Troxler 0007]. Claim 8. Dependent on the structure evaluation system according to claim 3. Takamine further discloses the value associated with the temperature (10) of the pavement section (30) is a temperature of a bottom surface of the floor slab section [0055: Further, when some or all of the AE sensors 10 are at rest, the AE sensor 10 may be activated when a micro-object is detected by a device such as a rain gauge, a camera, and a microphone. Also, for example, the AE sensor 10 may be activated at a time when an event due 10 an impact on a structure is expected based on weather information such as rainfall, temperature and humidity levels near a measurement region]. Claim 11. Dependent on the structure evaluation system according to claim 3 Takamine, as modified, does not explicitly disclose: the value associated with the temperature of the pavement section is a value of one of an interatomic distance, a Young’s modulus, a volume modulus, an acoustic impedance, a transmittance, a reflectance, elastic wave amplitude, a hit count of elastic waves, and a location count of elastic waves. Troxler teaches the information based [0004] the corrector (192) performs correction using the correction value (Fig. 7) with reference to a correction table in which a value of a Young’s modulus at each temperature is registered [0145: further, the temperature of a sample material is related to bulk density (ASTM D-4311) and modulus. FIG. 7 is a graph showing the relationship between variations of asphalt temperature and modulus. The subject matter described herein may correct for density estimations using known relationships between void measurements and/or temperature measurements and modulus of a sample material. Further, correction for HMA modulus may be obtained by temperature correction. Thus, a method for non-nuclear density measurement may be implemented by the subject matter described herein. In as much as the acoustical phase velocity is related to the variables of sheer modulus G and mass density .rho., and electromagnetic methods are multi-variable and chaotic systems, the systems described herein yield accurate and repeatable density measurements]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Troxler’s temperature, density and modulus compensation processing of elastic signals in structural monitoring with Takamine’s, as modified, measured elastic signals because temperature compensation improves the processing accuracy of measured elastic properties to determine structural health of a pavement structure in dynamic temperature environments [Troxler 0005]. Claim 12. Dependent on the structure evaluation system according to claim 3. Takamine, as modified, does not explicitly disclose: the temperature of the structure is a value associated with one of a difference or a ratio of temperatures between the temperature of the pavement section and the temperature of the floor slab section. Troxler teaches the temperature of the structure (106) is a value associated with a difference of temperatures between the temperature of the pavement section (142) and the temperature of the floor slab section (147) [0210 averaged densities across both materials requires a difference or delta of the temperatures]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Troxler’s temperature, density and modulus compensation processing of elastic signals in structural monitoring with Takamine’s, as modified, measured elastic signals because temperature compensation improves the processing accuracy of measured elastic properties to determine structural health of a pavement structure in dynamic temperature environments [Troxler 0005]. Claim 13. Dependent on the structure evaluation system according to claim 12. Takamine, as modified, does not explicitly disclose: the temperature of the pavement section is a value which is estimated by one of an atmospheric temperature or an amount of solar radiation or a temperature of a top surface of the pavement section, and the temperature of the floor slab section is a temperature of a bottom surface of the floor slab section. Troxler teaches the temperature of the structure (106) the temperature of the pavement section (142) is a value which is estimated by a top surface of the pavement section (106), and the temperature of the floor slab section is a temperature of a bottom surface of the floor slab section (147) [0210 averaged densities across both materials requires a difference or delta of the temperatures]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Troxler’s temperature, density and modulus compensation processing of elastic signals in structural monitoring with Takamine’s, as modified, measured elastic signals because temperature compensation improves the processing accuracy of measured elastic properties to determine structural health of a pavement structure in dynamic temperature environments [Troxler 0005]. Claim 15. Takamine discloses a structure evaluation apparatus (Fig. 2: 100) comprising: a controller (20) comprising a processor and a memory [0021], to locate positions of sources of a plurality of elastic waves [0025] detected by a plurality of elastic wave sensors (Fig. 1: 10-1 to 10-N) that detect elastic waves generated from a structure (Fig. 1: 30 floor slab)[0018]; on the basis of the plurality of elastic waves [0022: the position locator 201 receives an AE signal output from the signal processor 11 as an input. Also, the position locator 201 pre-stores information on an installation position of the AE sensor 10 in the structure (hereinafter referred to as “sensor position information”) by associating the information to a sensor ID]; and a deterioration state of the structure on the basis of the corrected information (30) [0056: a corrector configured to correct information based on the position location in the position locator using a correction value which is determined according to a temperature of the structure; and an evaluator configured to evaluate a deterioration state of the structure on the basis of the corrected information]. Takamine, as modified, does not explicitly disclose: a controller configured to correct information based on the position locations using a correction value which is determined according to a temperature of the structure; and evaluate a deterioration state of the structure on the basis of the corrected information, wherein the information is corrected using a first correction value or a second correction value as the correction value, the first correction value being a value for correcting a density of an elastic wave source density distribution which represents a distribution showing density values determined according to the number of elastic wave sources in each area, and the second correction value being a value for correcting a threshold for detecting elastic wave hits Troxler teaches a controller (MPC) configured to correct information based on the position locations using a correction value which is determined according to a temperature of the structure [0080: the acoustical energy data may be combined with temperature measurements by temperature sensor 142 for determining a density or modulus of asphalt 200. In one example, penetrometer 104 is operable of exciting impulse or swept frequency waves into sample material 200 to be received by at least one of acoustic detectors 124 and 126. Modulus and density may be determined based on surface waves]; and evaluate a deterioration state of the structure on the basis of the corrected information [0145: FIG. 6 is a graph showing the linear relationship between variations of a construction mix's void percentage and modulus. Further, the temperature of a sample material is related to bulk density (ASTM D-4311) and modulus. FIG. 7 is a graph showing the relationship between variations of asphalt temperature and modulus. The subject matter described herein may correct for density estimations using known relationships between void measurements and/or temperature measurements and modulus of a sample material] using a first correction value as the correction value (Figure 7) [0145], the first correction value being a value for correcting a density of an elastic wave source [0080: the acoustical energy data may be combined with temperature measurements by temperature sensor 142 for determining a density or modulus of asphalt 200] density distribution which represents a distribution showing density values [0080-0081] determined according to the number of elastic wave sources in each area [0103] & [0145]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Troxler’s temperature compensation processing of elastic surface signals in structural monitoring with Takamine’s, as modified, measured elastic signals because temperature compensation of the density measurements improves the processing of measured elastic waves to distinguish quality of structural materials [Troxler 0007]. Claim 16. Takamine discloses a structure evaluation (Fig. 1: 100) method executed by a computer comprising: detecting elastic waves [0025] generated from a structure (Fig. claiAlso, the position locator 201 pre-stores information on an installation position of the AE sensor 10 in the structure (hereinafter referred to as “sensor position information”) by associating the information to a sensor ID] using a plurality of elastic wave sensors (10-1 to 10-n) [0018] of a plurality of elastic waves on the basis of the detected plurality of elastic waves [0025]; and evaluating (202) a deterioration state of the structure (30) [0056: a corrector configured to correct information based on the position location in the position locator using a correction value which is determined according to a temperature of the structure; and an evaluator configured to evaluate a deterioration state of the structure on the basis of the corrected information]. Takamine, as modified, does not explicitly disclose: a controller configured to correct information based on the position locations using a correction value which is determined according to a temperature of the structure; and evaluate a deterioration state of the structure on the basis of the corrected information, wherein the information is using a first correction value or a second correction value as the correction value, the first correction value being a value for correcting a density of an elastic wave source density distribution which represents a distribution showing density values determined according to the number of elastic wave sources in each area, and the second correction value being a value for correcting a threshold for detecting elastic wave hits Troxler teaches a controller (MPC) configured to correct information based on the position locations using a correction value which is determined according to a temperature of the structure [0080: the acoustical energy data may be combined with temperature measurements by temperature sensor 142 for determining a density or modulus of asphalt 200. In one example, penetrometer 104 is operable of exciting impulse or swept frequency waves into sample material 200 to be received by at least one of acoustic detectors 124 and 126. Modulus and density may be determined based on surface waves]; and evaluate a deterioration state of the structure on the basis of the corrected information [0145: FIG. 6 is a graph showing the linear relationship between variations of a construction mix's void percentage and modulus. Further, the temperature of a sample material is related to bulk density (ASTM D-4311) and modulus. FIG. 7 is a graph showing the relationship between variations of asphalt temperature and modulus. The subject matter described herein may correct for density estimations using known relationships between void measurements and/or temperature measurements and modulus of a sample material] using a first correction value as the correction value (Figure 7) [0145], the first correction value being a value for correcting a density of an elastic wave source [0080: the acoustical energy data may be combined with temperature measurements by temperature sensor 142 for determining a density or modulus of asphalt 200] density distribution which represents a distribution showing density values [0080-0081] determined according to the number of elastic wave sources in each area [0103] & [0145]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Troxler’s temperature compensation processing of elastic surface signals in structural monitoring with Takamine’s, as modified, measured elastic signals because temperature compensation of the density measurements improves the processing of measured elastic waves to distinguish quality of structural materials [Troxler 0007]. Claim 17. Takamine discloses a non-transitory computer readable recording medium [0021: the evaluation program may be recorded in a computer-readable recording medium] storing a computer program [0021] which enables a computer (20) to execute the following processing: locating positions (201) of sources of a plurality of elastic waves [0022: the position locator 201 receives an AE signal output from the signal processor 11 as an input. Also, the position locator 201 pre-stores information on an installation position of the AE sensor 10 in the structure (hereinafter referred to as “sensor position information”) by associating the information to a sensor ID] detected by a plurality of elastic wave sensors (Fig. 1: 10-1 to 10-N) that detect elastic waves [0025] generated from a structure (Fig. 1: 30 floor slab)[0018] on the basis of the plurality of elastic waves [0025]; and evaluating (202) a deterioration state of the structure (30) [0056: a corrector configured to correct information based on the position location in the position locator using a correction value which is determined according to a temperature of the structure; and an evaluator configured to evaluate a deterioration state of the structure on the basis of the corrected information]. . Takamine, as modified, does not explicitly disclose: a controller configured to correct information based on the position locations using a correction value which is determined according to a temperature of the structure; and evaluate a deterioration state of the structure on the basis of the corrected information, wherein the information is corrected using a first correction value or a second correction value as the correction value, the first correction value being a value for correcting a density of an elastic wave source density distribution which represents a distribution showing density values determined according to the number of elastic wave sources in each area, and the second correction value being a value for correcting a threshold for detecting elastic wave hits Troxler teaches a controller (MPC) configured to correct information based on the position locations using a correction value which is determined according to a temperature of the structure [0080: the acoustical energy data may be combined with temperature measurements by temperature sensor 142 for determining a density or modulus of asphalt 200. In one example, penetrometer 104 is operable of exciting impulse or swept frequency waves into sample material 200 to be received by at least one of acoustic detectors 124 and 126. Modulus and density may be determined based on surface waves]; and evaluate a deterioration state of the structure on the basis of the corrected information [0145: FIG. 6 is a graph showing the linear relationship between variations of a construction mix's void percentage and modulus. Further, the temperature of a sample material is related to bulk density (ASTM D-4311) and modulus. FIG. 7 is a graph showing the relationship between variations of asphalt temperature and modulus. The subject matter described herein may correct for density estimations using known relationships between void measurements and/or temperature measurements and modulus of a sample material] using a first correction value as the correction value (Figure 7) [0145], the first correction value being a value for correcting a density of an elastic wave source [0080: the acoustical energy data may be combined with temperature measurements by temperature sensor 142 for determining a density or modulus of asphalt 200] density distribution which represents a distribution showing density values [0080-0081] determined according to the number of elastic wave sources in each area [0103] & [0145]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Troxler’s temperature compensation processing of elastic surface signals in structural monitoring with Takamine’s, as modified, measured elastic signals because temperature compensation of the density measurements improves the processing of measured elastic waves to distinguish quality of structural materials [Troxler 0007]. Claim 18. Dependent on the structure evaluation system according to claim 1. Takamine further discloses the plurality of elastic wave sensors (Fig. 1: 10-1 to 10-n) [0017] comprises one of a piezoelectric element [0018]. Claim 19. The structure evaluation system according to claim 1. Takamine further discloses each of the plurality of elastic wave sensors (10-1 to 10-n) converts the detected elastic waves into an electrical signal [0018]. Claim 20. Dependent on the structure evaluation method according to claim 16. Takamine further discloses detecting elastic waves generated from a structure (32) [0025] comprises detecting the elastic waves using a plurality of elastic wave sensors (10-1 to 10-n), each of the plurality of elastic wave sensors comprising one of a piezoelectric element [0018]. Claims 7 & 14 are rejected under 35 U.S.C. 103 as being unpatentable over Takamine in view of Troxler and in further view of Gharibnezhad (Robust Damage Detection in Smart Structures by Fahit Gharibnezhad Technical University of Catalunya Department of Applied Mathematics III CoDALabs Barcelona, Spain April 2014: “Gharibnezhad”). Claim 7. Dependent on the structure evaluation system according to claim 3. Takamine, as modified, does not explicitly disclose: the value associated with the temperature of the pavement section is an atmospheric temperature. Gharibnezhad teaches a corrector (Fig. 3.14) [Page 73 section 3.13.1: In OBS technique (See Figure 3.14), to discriminate the effects of damage from those of environmental changes, a “bank” of baseline signals acquired at the various temperatures (T1, T2,...,Tn) and later the response data (from unknown status) is compared wi th baseline database to find the closest match (Ti). The selected baseline is used as the data representing pristine structure in this temperature. Unlike BSS, that technique does not change the time-trace but simply reduces the temperature difference seen] the ambient temperature of the bridge played a major role in the variation of the bridge’s dynamic characteristics [105], the value associated with the temperature of the pavement section is an atmospheric temperature [Page 168 section 7.4: Moreover, the stability and the performance of all presented damage detection techniques are studies when there is a significant change in ambient temperature]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Gharibnezhad’s ambient temperature compensation processing to adjust temperature induced signal strength of elastic signals in structural monitoring with Takamine’s, as modified, measured elastic signals because temperature compensation improves the processing of measured elastic waves to distinguish damage from environmental and operational effects [Section 3.13.1 first ¶ Gharibnezhad]. Claim 14. Dependent on the structure evaluation system according to claim 3. Takamine, as modified, does not explicitly disclose: the value associated with the temperature of the pavement section is a statistic value of measured temperatures. Gharibnezhad teaches the value associated with the temperature of the pavement section is a statistic value of measured temperatures [Page 146: PCA analysis]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Gharibnezhad’s temperature compensation adjusted by PCA processing of elastic signals in structural monitoring with Takamine’s, as modified, measured elastic signals because temperature compensation improves the processing of measured elastic waves to distinguish damage from environmental and operational effects [Section 3.13.1 first ¶ Gharibnezhad]. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Takamine in view of Troxler and in further view of Zeng (CN 203758546: “Zeng” translation provided for citations). Claim 9. Dependent on the structure evaluation system according to claim 3. Takamine, as modified, does not explicitly disclose: the value associated with the temperature of the pavement section is a road surface temperature which is measured by a temperature sensor attached to a vehicle traveling on the pavement section. Zeng teaches the value associated with the temperature of the pavement section is a road surface temperature (7) which is measured by a temperature sensor (7) attached to a vehicle (1) traveling on the pavement section [0017: GPS locating module, a material temperature sensor, paving temperature sensor, hot plate temperature sensor, virtual paving thickness sensor, a machine speed sensor, environment temperature and humidity sensor, a wind speed and direction sensor and a paver GPS locating module respectively connected communicating with an upper computer]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Zeng’s vehicle mounted temperature sensor for surface pavement temperature with Takamine’s, as modified, pavement acoustic monitoring because a vehicle mounted temperature sensor is a cost efficient method of obtaining large surface temperature variations with a single sensor. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Takamine in view of Troxler and in further view of Morimoto (JP 2004198188: “Morimoto” translation provided for citations). Claim 10. Dependent on the structure evaluation system according to claim 3. Takamine, as modified, does not explicitly disclose: the value associated with the temperature of the pavement section is an amount of solar radiation. Morimoto teaches the value associated with the temperature of the pavement section is an amount of solar radiation [0004: The weather sensor unit included in the conventional road surface condition determination / prediction device includes a road surface thermometer (radiation thermometer), a thermometer, a pyranometer, an albedometer (short wavelength pyranometer), and the like. Record the output data. The input information section stores a linear autoregressive model necessary for discriminating and predicting a road surface condition, and a position for predicting a judgment value, weather (sunny, snow, etc.), and height (mountain, flatland, etc)]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Morimoto’s solar radiation to surface temperature measurement as Takamine’s, as modified, temperature measurements because the temperature measurements are highly reliable in precipitation. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Monica S Young whose telephone number is (303)297-4785. The examiner can normally be reached M-F 08:30-05:30 MST. 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, Peter Macchiarolo can be reached on 571-273-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MONICA S YOUNG/Examiner, Art Unit 2855 /PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
Read full office action

Prosecution Timeline

Feb 23, 2023
Application Filed
Mar 08, 2025
Non-Final Rejection — §103
Jul 11, 2025
Response Filed
Sep 30, 2025
Final Rejection — §103
Dec 29, 2025
Request for Continued Examination
Jan 16, 2026
Response after Non-Final Action
Jan 29, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601647
SYSTEM FOR DETERMINING CAUSE OF ELECTRODE CONNECTION AND ROLL MAP GENERATION SYSTEM USING SAME
2y 5m to grant Granted Apr 14, 2026
Patent 12596040
PRESSURE SENSOR AND WEARABLE SENSOR
2y 5m to grant Granted Apr 07, 2026
Patent 12596027
DEVICE, SYSTEM, AND METHOD FOR FLUID MASS DETERMINATION
2y 5m to grant Granted Apr 07, 2026
Patent 12596001
CALIBRATION DEVICE AND CALIBRATION METHOD FOR NON-CONTACT PHOTOGRAPHIC HOLE MEASUREMENT
2y 5m to grant Granted Apr 07, 2026
Patent 12596000
High Resolution Optical Displacement Measurement
2y 5m to grant Granted Apr 07, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+32.9%)
2y 10m
Median Time to Grant
High
PTA Risk
Based on 525 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month