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 .
DETAILED ACTION
Election/Restrictions
1. Applicant's election with traverse of Species 2, claims 11 and new claims 13-20 in the reply filed on 03/12/26 is acknowledged. The traversal is on the ground(s) that the alleged species do not constitute independent or distinct inventions. This is not found persuasive therefore the restriction has been maintained for the reason below:
2. Species 1: (suggest claims 1, 3-10), directed a method for determining a quality of a surface of a cable, a part of a cable or an accessory for a cable, comprising transmitting, by the analysis unit, the continuous 3D surface geometry measurement to a storage device as a 3D topographic map of the area of interest, wherein the 3D topographic map is accessible to users for future reference.
3. Species 2: (suggest claims 11, 13-20), directed A method, comprising determining a quality of a surface of a cable, a part of a cable or an accessory for a cable, said determining comprising generating a quality report for the surface scanned by the 3D surface scanner; and providing feedback to an operator during manufacturing of a cable, during a repair process or other processing of the cable, the part of the cable or the accessory for the cable.
4. Species 3: (suggest claim 12), directed A method for determining a quality of a surface of a cable, a part of a cable or an accessory for a cable, comprising merging the continuous 3D surface geometry measurement with files relating to other cables, parts of cables, or accessories for a cable to make a full 3D map of a component.
In particular, the claims of different Species recite substantially the different technical steps as highlighted above. Therefore, the restriction is maintained.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1, 3-10, 12, have been withdrawn.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 12/16/25 was filed after the mailing date of the 09/17/25 on Final Office Action. The submission is 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
3. 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.
4. Claims 11, 13-20, 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.
5. Claim 11 will be addressed below according to the 2019 Patent Eligibility Guidelines.
Step 1: Is the Claim to a Process, Machine, Manufacture or Composition of Matter?
The claims recite a method for determining a quality of a surface of a cable, a part of a cable or an accessory for a cable. Thus, the claims recite a method.
Step 2A Prong One: Does the Claim Recite an Abstract Idea?
Claim 1 recites: the processing comprises:
identifying locations in the continuous 3D surface geometry measurement of the area of interest, wherein the identified locations either lack data or comprise poor quality data;
using data from nearby data in interpolations to provide interpolated data and to fill in the identified locations;
identifying anomalies in the continuous 3D surface geometry;
inspecting the captured 3D surface geometry measurement data to discover sub-areas with increased probability for faults; and
generating a quality report for the surface scanned by the 3D surface scanner.
The examiner finds that the foregoing underlined elements recite a mental process because they can be performed in the human mind.
Step 2A Prong Two: Does the Claim Recite Additional Elements That Integrate the Abstract Idea into a Practical Application?
The elements in the claim that are not underlined above are the additional elements.
The examiner finds that each of the following additional elements merely adds insignificant extra-solution activity to the abstract idea: capturing and storing a set of 3-dimensional, 3D, surface geometry measurement data of an area of interest of the surface of the cable or the part of a cable or the accessory for a cable by moving a 3D surface scanner over the area of interest.
The examiner finds that each of the following additional elements does no more than generally link the use of the abstract idea to a particular technological environment or field of use because they are merely an incidental or token addition to the claim that does not alter or affect how the process steps of identifying locations, using data, identifying anomalies, inspecting the captured 3D surface geometry measurement data, generating a quality report, are perform: wherein the 3D surface scanner is a laser scanner.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
Step 2B: Does the Claim Recite Additional Elements That Amount to Significantly More Than the Abstract Idea?
The examiner finds that the additional elements do not amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application. Further, the scanning routing data gathering of the claims, which disclosed in Applicant’s specification page 2, lines 1-8, is evidence of well-known routine and conventional.
Dependent claims 13-20 do not contain any limitation to overcome the 101 issue. In conclusion, all claims 11, 13-20 appear that the above identified elements could be considered an abstract idea (the determination can be done by the mind/human). Therefore, the claimed subject matter does not recite patent eligible subject matter under 35 USC §101.
Allowable Subject Matter
6. Claim 2 has been cancelled. Claims 1, 3-10, 12, have been withdrawn.
7. Claims 11, 13-20, would be allowable if the rejection under 101 were overcome.
8. The following is a statement of reasons for the indication of allowable subject matter: there was no prior art found by the examiner that suggested modification or combination with the cited art so as to satisfy the combination of all the limitations in claim 11.
9. As claim 11, the prior art of record taken alone or in combination, fails to disclose or render obvious a method for determining a quality of a surface of a cable, a part of a cable or an accessory for a cable, comprising identifying locations in the continuous 3D surface geometry measurement of the area of interest, wherein the identified locations either lack data or comprise poor quality data; using data from nearby data in interpolations to provide interpolated data and to fill in the identified locations; identifying anomalies in the continuous 3D surface geometry; inspecting the captured 3D surface geometry measurement data to discover sub-areas with increased probability for faults; generating a quality report for the surface scanned by the 3D surface scanner, and providing feedback to an operator during manufacturing of a cable, during a repair process or other processing of the cable, the part of the cable or the accessory for the cable; in combination with the rest of the limitations of claim 11.
Fax/Telephone Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI T TON whose telephone number is (571)272-9064. The examiner can normally be reached on 8am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached on (571)270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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April 3, 2026
/Tri T Ton/
Primary Examiner Art Unit 2877