DETAILED ACTION
This Office action is in response to the request for continued examination filed on July 22, 2026. Claims 25, 27-29, 32-39, 42-49 and 51 are pending.
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 .
Claim Objections
Claim 46 is objected to for depending on a cancelled claim, claim 8. It will be assumed, for the purposes of examination, that applicant intended to claim dependency from claim 38.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim limitation “controller device being adapted to – determine a structure of the accommodated corrugated pipe in a measuring plane from the positions or distances of the exterior surface of an accommodated corrugated pipe communicated in the detection signals” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. As per MPEP 2181 ‘To claim a means for performing a specific computer-implemented function and then to disclose only a general-purpose computer as the structure designed to perform that function amounts to pure functional claiming.’ Therefore, the claimed controller is not a general-purpose controller or computer but a special purpose computer or controller and must include the algorithm needed to transform the controller.
Examiner initially rejected the claims with this limitation as indefinite because the algorithm was only implicitly disclosed, with a form paragraph suggesting that applicant clarify the record by either amending the written description or stating on the record what the corresponding algorithms, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. Applicant clarified the record by stating in the remarks filed March 2nd, 2026 that the algorithm comprises comparing the measured distance to reference values for known structures (see “The algorithm is straightforward: the controller device compares the measured distance to the exterior surface with the known exterior diameters of the different structures (waves, troughs, fittings, sleeves) to determine which structure is present.”). The limitation to a “controller device being adapted to – determine a structure of the accommodated corrugated pipe in a measuring plane from the positions or distances of the exterior surface of an accommodated corrugated pipe communicated in the detection signals” is therefore interpreted to cover such an algorithm or equivalents thereof.
Claim limitation “[step for] … determining a structure of the accommodated corrugated pipe in a measuring plane from the positions or distances of the exterior surface” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Examiner initially rejected the claims with this limitation as indefinite because the action require was only implicitly disclosed, with a form paragraph suggesting that applicant clarify the record by either amending the written description or stating on the record what the corresponding acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function.
Applicant clarified the record by stating in the remarks filed March 2nd, 2026 that the algorithm comprises comparing the measured distance to reference values for known structures (see “The algorithm is straightforward: the controller device compares the measured distance to the exterior surface with the known exterior diameters of the different structures (waves, troughs, fittings, sleeves) to determine which structure is present.”). The limitation to a “[step for] … determining a structure of the accommodated corrugated pipe in a measuring plane from the positions or distances of the exterior surface” is therefore interpreted to cover such an action or equivalents thereof.
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.
Claim(s) 25, 32-39, 44-46, and 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0347963 (Thiel et al.).
Regarding claim 25, Thiel et al. discloses a Terahertz (THz) measuring device for measuring a corrugated pipe, the THz measuring device comprising:
a housing including a measuring space for accommodating a corrugated pipe (element 14),
at least one THz transceiver for emitting a THz transmission beam along an optical axis into the measuring space and detecting a reflected THz beam (element 4),
a detecting means adapted to determine a distance and/or a position of an exterior surface of an accommodated corrugated pipe and to put out a detection signal to the controller device (‘additional sensor which detects the surface of the measurement object—contact-free or with contact’ P 10),
a controller device being adapted to receive measuring signals of said at least one THz transceiver and the detection signal from the detecting means (element 8), the controller device being adapted to
- determine distances of an outer boundary surface and an inner boundary surface and layer thicknesses of a corrugated pipe from the measuring signals (‘a measurement signal (A) of the detected reflected terahertz radiation (7b) is evaluated and a layer thickness (d) is ascertained from a propagation time difference (t2−t1) of the radiation (7) reflected at boundary layers (2a, 2b) of the layer (3).’ Abstract, also ‘Moreover, a distance between the measurement object and the transmitter-receiver unit can be determined so that outside dimensions of the measurement object such as e.g. out outer diameter can be determined also.’ P 2);
an optical arrangement by means of which the THz transmission beam emitted from the THz transceiver is focused onto a focal point formed at a measuring distance from a central longitudinal axis of the corrugated pipe (elements 10 & 11);
wherein the measuring distance of the focal point is static along the optical axis and the optical arrangement is at a fixed distance to the THz transceiver (remains static and fixed unless controlled to move the THz measuring device, which is not claimed);
wherein the controller device is adapted to determine, from the measuring signals of the THz transceiver, the following measuring values:
an exterior diameter on a wave and on a fitting and on a sleeve (Thiel determines the exterior dimensions at all points, which would necessarily include a wave, a fitting, and a sleeve if such structures are present, see ‘Moreover, a distance between the measurement object and the transmitter-receiver unit can be determined so that outside dimensions of the measurement object such as e.g. out outer diameter can be determined also.’ P 2),
an interior diameter of a trough and a wave and a fitting and a sleeve (Thiel determines the interior dimensions at all points, which would necessarily include a wave and a fitting and sleeve if they are present, see “According to the invention, in particular, a layer thickness and/or a distance of the measurement object, e.g. also an outside dimensioning may be determined. The layer may be e.g. a wall of a measurement object, but also free space, e.g. the interior clearance of a tube as an air-filled layer.” P 20),
wall thickness of an exterior wall of the wave and an inner pipe (Thiel determines the wall thickness at all points, which would necessarily include the exterior wall of the wave and an inner pipe, if they are present, see (‘a measurement signal (A) of the detected reflected terahertz radiation (7b) is evaluated and a layer thickness (d) is ascertained from a propagation time difference (t2−t1) of the radiation (7) reflected at boundary layers (2a, 2b) of the layer (3).’).
Thiel et al. does not disclose the controller device being adapted to - determine a structure of the accommodated corrugated pipe in a measuring plane from the positions or distances of the exterior surface of an accommodated corrugated pipe communicated in the detection signals, wherein the controller is adapted to detect, as a structure of the accommodated corrugated pipe in the measuring plane, the following elements: a wave and a trough, a fitting, and an external sleeve. As per applicant’s remarks, this takes the form of comparing the detected position or distance to a set of known diameters for known structures, including a wave, a trough, a fitting, an external sleeve. Comparing measured values to known values is a well-known algorithm. It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the device of Thiel et al. to program the controller to perform such a comparison because Thiel is directed to quality checking (‘Terahertz layer thickness measurements of this type can be carried out, in particular, for checking the quality of a plastics object following the making thereof, e.g. immediately after manufacturing,’ P 3) which requires comparison of the measured parameters to expected values, which in the case of a corrugated pipe means the structure must be identified for so the correct expected value can be looked up.
Regarding claim 32, Thiel et al. discloses the THz measuring device of claim 25, wherein the controller device is adapted to subsequently determine from the measuring values an inner roughness as a difference between the inner diameters at various positions of the corrugated pipe (“According to the invention, in particular, a layer thickness and/or a distance of the measurement object, e.g. also an outside dimensioning may be determined. The layer may be e.g. a wall of a measurement object, but also free space, e.g. the interior clearance of a tube as an air-filled layer.” P 20).
Regarding claim 33, Thiel et al. discloses the THz measuring device of claim 25, wherein the detecting means comprises a line laser and/or a radar sensor for measuring the distance of the exterior surface (element 12, wherein “the measuring apparatus 1 may contain an optical camera for detecting the points generated by the position marker and determining the position of the measurement object 2, 102.”).
Regarding claim 34, Thiel et al. discloses the THz measuring device of claim 23, wherein the detecting means comprises a detector head which is adapted for a variable output of a line laser at a pivot angle along a central axis of symmetry of the measuring space (element 11).
Regarding claim 35, Thiel et al. discloses the THz measuring device of claim 25, wherein a plurality of THz transceivers are arranged on the housing in the circumferential direction around the central axis of symmetry of the measuring space, the optical axes of said plurality of THz transceivers being aligned towards the measuring space or the central axis of symmetry of the measuring space, preferably in a common measuring plane (fig. 1, also “The terahertz measuring apparatus 1 comprises several terahertz transmission and reception units 4 distributed across the circumference of the terahertz measuring apparatus 1 and aligned towards the interior, according to FIG. 1 towards the symmetry axis A.” P 35).
Regarding claim 36, Thiel et al. discloses the claimed invention except for reversing or rotating in the circumferential direction around the measuring space, so as to measure the entire circumference of an accommodated corrugated pipe, preferably in the measuring plane or helical around the measuring space.
Thiel et al. does disclose measuring the entire circumference, but does so with multiple THz transceivers (fig. 1, also “The terahertz measuring apparatus 1 comprises several terahertz transmission and reception units 4 distributed across the circumference of the terahertz measuring apparatus 1 and aligned towards the interior, according to FIG. 1 towards the symmetry axis A.” P 35). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to substitute a reversing or rotating motion for the multiple units to record the same information with fewer measuring heads, which reduces power consumption, THz radiation emitters generally requiring high levels of power.
Regarding claim 37, Thiel et al. discloses the THz measuring device of claim 25, further comprising a slide adjustable along a transport direction and/or axis of symmetry, said at least one THz transceiver, and the detecting means is are accommodated at the slide (‘Thus, for one thing, a measuring head with its optical axis may be adjusted in its entirety, for example, using an angular adjustment motor or e.g. a translational adjustment motor.’ P 17).
Regarding claim 51, Thiel et al. discloses the THz measuring device of claim 25, wherein the controller device is adapted to detect, as structure of an accommodated corrugated pipe in the measuring plane, at least one of the following elements: a fitting, or an external sleeve (if these are the known structures of the pipe, then these necessarily would be the structures found by the distance to structure matching).
Regarding claim 38, Thiel et al. discloses a THz measuring method for measuring a corrugated pipe, including at least the following steps:
transporting a pipe comprising in a transport direction through a measuring plane in a measuring space of a THz measuring device (‘The measurement object at the end of a production line is conveyed by the transport device directly to or through respectively the measuring apparatus.’ P 3),
pre-measuring by means of a detecting means which continuously determines a position or a distance of an exterior surface of the corrugated pipe (‘Hereby, according to one embodiment, the measurement object may be sensed by means of an additional sensor which detects the surface of the measurement object’ P 10),
carrying out a THz measurement of an outer or inner boundary surface of the corrugated pipe by emitting a THz transmission beams along an optical axis, focusing onto a focal point formed at a measuring distance from a central longitudinal axis of the pipe and detecting a reflected THz beam (‘The terahertz transmission and reception units 4 each comprise a terahertz transmitter, indicated in FIG. 1, for transmitting terahertz radiation 7a, … as well as an, indicated, receiver device 6 for receiving backwards reflected terahertz radiation 7b’ P 36), and
determining at least distance of an outer boundary and an inner boundary surface and at least one layer thickness of the corrugated pipe from the THz measurement (‘Thus measurement peaks of the amplitude of the radiation reflected on the boundary layers can be detected and the temporal difference of the two measurement peaks evaluated as run-time of the double transit of the material layer. Hereby, the layer thickness of the material layer at the point under investigation can be determined. Moreover, a distance between the measurement object and the transmitter-receiver unit can be determined so that outside dimensions of the measurement object such as e.g. out outer diameter can be determined also.’ P 2);
wherein the following determinations are made:
upon detection of the structure of a wave, both a distance and a layer thickness of an exterior wall of the wave and a distance and a layer thickness of an inner surface, upon detection of the structure of a trough, a distance and a layer thickness of an inner surface, upon detection of the structure of a fitting, a distance and a layer thickness of both an exterior layer of the fitting and an inner layer, of the fitting is determined, and upon detection of the structure of an exterior sleeve distance and a layer thickness of the exterior sleeve are determined (Thiel determines the distance and layer thickness of any structure detects, see ‘a measurement signal (A) of the detected reflected terahertz radiation (7b) is evaluated and a layer thickness (d) is ascertained from a propagation time difference (t2−t1) of the radiation (7) reflected at boundary layers (2a, 2b) of the layer (3).’ Abstract, also ‘Moreover, a distance between the measurement object and the transmitter-receiver unit can be determined so that outside dimensions of the measurement object such as e.g. out outer diameter can be determined also.’ P 2 and “According to the invention, in particular, a layer thickness and/or a distance of the measurement object, e.g. also an outside dimensioning may be determined. The layer may be e.g. a wall of a measurement object, but also free space, e.g. the interior clearance of a tube as an air-filled layer.” P 20).
Thiel et al. does not specify whether the pipe is a corrugated pipe comprising a plurality of structures including at least waves and troughs formed in-between the waves. It would have been obvious to a person having ordinary skill in the art at the time the application was filed to transport a corrugated pipe through the measuring plane if the pipe requiring measuring was corrugated.
Thiel et al. does not disclose determining a structure of the corrugated pipe in the measuring plane from the determined position or the determined distance, wherein the following is determined as structure in the measuring plane: a wave, a trough, a sleeve and a fitting or the corrugated pipe. As per applicant’s remarks, this takes the form of comparing the detected position or distance to a set of known diameters for known structures, including a wave, a trough, a fitting, an external sleeve. Comparing measured values to known values is a well-known algorithm. It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the device of Thiel et al. to program the controller to perform such a comparison because Thiel is directed to quality checking (‘Terahertz layer thickness measurements of this type can be carried out, in particular, for checking the quality of a plastics object following the making thereof, e.g. immediately after manufacturing,’ P 3) which requires comparison of the measured parameters to expected values, which in the case of a corrugated pipe means the structure must be identified for so the correct expected value can be looked up.
Regarding claim 39, Thiel et al. discloses the method of claim 38, wherein the measuring plane lies perpendicular to the conveying direction and/or perpendicular to a longitudinal axis of the corrugated pipe and/or perpendicular to an axis of symmetry of the THz measuring device (‘According to FIG. 8, e.g. an adjustment range s of the adjustable mirror 11 is set until a measuring position with perpendicular incidence of the terahertz radiation 7a onto the measurement object 2 is reached.’ P 52).
Regarding claim 44, Thiel et al. discloses the claimed invention except for reversing or rotating in the circumferential direction around the measuring space, so as to measure an entire circumference of an accommodated corrugated pipe.
Thiel et al. does disclose measuring the entire circumference, but does so with multiple THz transceivers (fig. 1, also “The terahertz measuring apparatus 1 comprises several terahertz transmission and reception units 4 distributed across the circumference of the terahertz measuring apparatus 1 and aligned towards the interior, according to FIG. 1 towards the symmetry axis A.” P 35). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to substitute a reversing or rotating motion for the multiple units to record the same information with fewer measuring heads, which reduces power consumption, THz radiation emitters generally requiring high levels of power.
Regarding claim 45, Thiel et al. discloses the method of claim 38, wherein upon pre-measuring and/or THz measuring, the at least one THz transceiver is transported for measuring the determined structure of the corrugated pipe (‘Thus, for one thing, a measuring head with its optical axis may be adjusted in its entirety, for example, using an angular adjustment motor or e.g. a translational adjustment motor.’ P 17).
Thiel et al. uses the slide for transporting the transceiver in the lateral directions, and therefore does not disclose transporting along cyclically in a longitudinal direction or the transport direction. However, the principal of the adjustment is identical, and it would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the method of Thiel et al. to include a step of transporting along cyclically in the longitudinal direction or conveying direction so the measurement head could be moved to measure structures at other longitudinal locations on the pipe.
Regarding claim 46, Thiel et al. discloses the method of claim 8 (assumed to be 38), wherein the determined distances and layer thicknesses from the THz measurement and/or an inner roughness determined there from are compared with reference values and it is determined whether there is an error (‘Terahertz layer thickness measurements of this type can be carried out, in particular, for checking the quality of a plastics object following the making thereof, e.g. immediately after manufacturing,’ P 3).
Claim(s) 42-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thiel et al. as applied to claims 38 above, and further in view of US 2015/0212060 (Van Mechelen et al.).
Regarding claim 42, Thiel et al. discloses the claimed invention except for, after determination of the structure, follows the step of adjusting a focal point of at least one THz transceiver along its optical axis to a measuring distance depending on the determined structure of the corrugated pipe in the measuring plane, wherein the at least one THz transceiver comprises an optical arrangement for focusing a transmission beam of the THz transceiver.
Van Mechelen et al. discloses a method including a step of adjusting a focal point of at least one THz transceiver along its optical axis to a measuring distance, wherein the at least one THz transceiver comprises an optical arrangement for focusing a transmission beam of the THz transceiver to a measuring distance depending on the location of the structure of interest (‘The positioning system 40 is operatively coupled to the distance sensor 47 and configured for adapting motion of the movable unit 42 such that the distance with respect to the coated body 2 is adjusted. The distance is, in particular, adjusted for focusing the THz radiation emitted/detected by the THz emitter 10/detector 20.’ P 90).
It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the method of Thiel et al. to adjust the focal point as in Van Mechelson so that the terahertz beam is always focused at the boundary being measured, as disclosed by Van Mechelen et al. (‘At the distance which corresponds to the focal lengths of the THz optics 14, 24’ P 92).
Regarding claim 43, Thiel in view of Van Mechelen discloses the method of claim 42, wherein for adjusting the measuring distance along the optical axis, a distance of the optical arrangement provided for focusing the transmission beam of the THz transceiver remains fixed relative to the THz transceiver, and the THz transceiver is adjusted together with the optical arrangement (Van Mechelen et al., ‘Thus, the positioning system 40 may be configured for moving the movable unit 42 towards the coated body 2 while the distance (or positioning) sensor 47 measures the distance with respect to the body 2.’).
Claim(s) 27-29 and 47-49 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0347963 (Thiel et al.) in view of US 2015/0212060 (Van Mechelen et al.).
Regarding claim 27, Thiel et al. discloses a Terahertz (THz) measuring device for measuring a corrugated pipe, the THz measuring device comprising:
a housing including a measuring space for accommodating a corrugated pipe (element 14),
at least one THz transceiver for emitting a THz transmission beam along an optical axis into the measuring space and detecting a reflected THz beam (element 4),
a detecting means adapted to determine a distance and/or a position of an exterior surface of an accommodated corrugated pipe and to put out a detection signal to the controller device (‘additional sensor which detects the surface of the measurement object—contact-free or with contact’ P 10),
a controller device being adapted to receive measuring signals of said at least one THz transceiver and the detection signal from the detecting means (element 8), the controller device being adapted to
- determine distances of an outer boundary surface and an inner boundary surface and layer thicknesses of a corrugated pipe from the measuring signals (‘a measurement signal (A) of the detected reflected terahertz radiation (7b) is evaluated and a layer thickness (d) is ascertained from a propagation time difference (t2−t1) of the radiation (7) reflected at boundary layers (2a, 2b) of the layer (3).’ Abstract, also ‘Moreover, a distance between the measurement object and the transmitter-receiver unit can be determined so that outside dimensions of the measurement object such as e.g. out outer diameter can be determined also.’ P 2);
an optical arrangement by means of which the THz transmission beam emitted from the THz transceiver is focused onto a focal point formed at a measuring distance from a central longitudinal axis of the corrugated pipe (elements 10 & 11);
wherein the controller device is adapted to determine, from the measuring signals of the THz transceiver, the following measuring values:
an exterior diameter on a wave and on a fitting and on a sleeve (Thiel determines the exterior dimensions at all points, which would necessarily include a wave and a fitting and sleeve if they are present, see ‘Moreover, a distance between the measurement object and the transmitter-receiver unit can be determined so that outside dimensions of the measurement object such as e.g. out outer diameter can be determined also.’ P 2),
an interior diameter of a trough and a wave and a fitting and a sleeve (Thiel determines the interior dimensions at all points, which would necessarily include a wave and a fitting and sleeve if they are present, see “According to the invention, in particular, a layer thickness and/or a distance of the measurement object, e.g. also an outside dimensioning may be determined. The layer may be e.g. a wall of a measurement object, but also free space, e.g. the interior clearance of a tube as an air-filled layer.” P 20),
wall thickness of an exterior wall of the wave and an inner pipe (Thiel determines the wall thickness at all points, which would necessarily include the exterior wall of the wave and an inner pipe, if they are present, see (‘a measurement signal (A) of the detected reflected terahertz radiation (7b) is evaluated and a layer thickness (d) is ascertained from a propagation time difference (t2−t1) of the radiation (7) reflected at boundary layers (2a, 2b) of the layer (3).’).
Thiel et al. does not disclose the controller device being adapted to - determine a structure of the accommodated corrugated pipe in a measuring plane from the positions or distances of the exterior surface of an accommodated corrugated pipe communicated in the detection signals, wherein the controller is adapted to detect, as a structure of the accommodated corrugated pipe in the measuring plane, the following elements: a wave and a trough, a fitting, and an external sleeve. As per applicant’s remarks, this takes the form of comparing the detected position or distance to a set of known diameters for known structures, including a wave, a trough, a fitting, an external sleeve. Comparing measured values to known values is a well-known algorithm. It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the device of Thiel et al. to program the controller to perform such a comparison because Thiel is directed to quality checking (‘Terahertz layer thickness measurements of this type can be carried out, in particular, for checking the quality of a plastics object following the making thereof, e.g. immediately after manufacturing,’ P 3) which requires comparison of the measured parameters to expected values, which in the case of a corrugated pipe means the structure must be identified for so the correct expected value can be looked up.
Thiel also does not disclose focusing means for focusing the THz transmission beam and/or for adjusting the measuring distance of the focal point of the THz transmission beam along the optical axis, the controller device further being adapted to control the focusing means for adjusting the focal point of the at least one THz transceiver.
Van Mechelen et al. discloses a terahertz (THz) measuring device comprising a terahertz transceiver, detecting means, and optical arrangement including focusing means for focusing the THz transmission beam (element 14) and/or for adjusting the measuring distance of the focal point of the THz transmission beam along the optical axis (element 40, wherein ‘Thus, the positioning system 40 may be configured for moving the movable unit 42 towards the coated body 2’), the controller device further being adapted to control the focusing means for adjusting the focal point of the at least one THz transceiver (‘The movable unit 42 further carries a distance sensor or positioning sensor 47 based on for instance one or more low energetic infrared light beams or based on ultrasound. The distance sensor 47 is configured for measuring the distance to the coated body. The positioning system 40 is operatively coupled to the distance sensor 47 and configured for adapting motion of the movable unit 42 such that the distance with respect to the coated body 2 is adjusted. The distance is, in particular, adjusted for focusing the THz radiation emitted/detected by the THz emitter 10/detector 20.’ P 90).
It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the terahertz (THz) measuring device of Thiel et al. to include the focusing adjustment of Van Mechelen et al. so that the terahertz beam is always focused at the boundary being measured, as disclosed by Van Mechelen et al. (‘At the distance which corresponds to the focal lengths of the THz optics 14, 24’ P 92).
Regarding claim 28, Thiel et al. in view of Van Mechelen et al. discloses the THz measuring device of claim 27, wherein the focusing means is configured to adjust the measuring distance of the focal point along the optical axis by adjusting the THz transceiver together with the optical arrangement, while having a fixed distance of the optical arrangement to the THz transceiver (Van Mechelen et al., ‘Thus, the positioning system 40 may be configured for moving the movable unit 42 towards the coated body 2 while the distance (or positioning) sensor 47 measures the distance with respect to the body 2.’).
Regarding claim 29, Thiel et al. in view of Van Mechelen et al. discloses the THz measuring device of claim 28, wherein the controller device is adapted to control the focusing means depending on the determined structure to set one or more measuring distances (‘At the distance which corresponds to the focal lengths of the THz optics 14, 24’ P 92).
Regarding claim 47, Thiel et al. in view of Van Mechelen et al. discloses the THz measuring device of claim 29, wherein the controller device is configured to set an outer measuring distance for an exterior measurement on the exterior surface (Van Mechelen et al., ‘At the distance which corresponds to the focal lengths of the THz optics 14, 24’ P 92).
Thiel et al. in view of Van Mechelen et al. does not specifically disclose setting at least one inner measuring distance for an interior measurement on the inner tube when a wave is determined. It would have been obvious to a person having ordinary skill in the art at the time the application was filed to configure the controller device to set at least one inner measuring distance for an interior measurement on an inner pipe when a wave is determined so that the inner diameter could be accurately determined.
Regarding claim 48, Thiel in view of Van Mechelen et al. discloses the claimed invention except for configuring the controller device to set a measuring distance for a measurement on the inner pipe when a trough is determined. It would have been obvious to a person having ordinary skill in the art at the time the application was filed to configure the controller to set a measuring distance for a measurement on the inner tube when a trough is determined so that the inner diameter could be accurately determined.
Regarding claim 49, Thiel in view of Van Mechelen et al. discloses the THz measuring device of claim 27, wherein the measuring distance of the focal point relative to the central longitudinal axis of the corrugated pipe is adjusted depending on the determined structure (obvious to base on determined structure because that is where the boundary of interest).
Response to Arguments
Applicant's arguments filed July 9th, 2026 have been fully considered but they are not persuasive.
Regarding claim 25, applicant argues that the claim now recites specific structural and functional limitations that are uniquely tied to corrugated pipe measurement that go beyond intended use. Specifically, they point to the controller device configured to determine specific corrugated pipe structures and measurement values.
Examiner agrees the limitations applicant cites go beyond intended use. Examiner has never suggested that the controller limitations applicant cites are merely intended use. Those limitations are functional and have been treated accordingly.
Examiner fails to see how the device as claimed in claim 25 would need to be structurally adapted to perform measurements unique to corrugated pipe geometry. The only limitations of the claim not present in Thiel are functional, rather than structural. The only structures required by the claim are a housing, a THz receiver, a detector, and optical arrangement, all of which are present in Thiel. That does not diminish the fact that there are real, functional differences between Thiel and the claimed invention, and examiner has addressed those under standard 103 analysis.
Applicant argues that Thiel does not allow for the optical system to be adjusted quickly in order to focus the THz on the different distances as required for corrugated pipes.
Regarding claim 25 and its dependents, the claim specifically requires that the focus *not* be adjusted (“wherein the measuring distance of the focus point is static along the optical axis and the optical arrangement is at a fixed distance to the THz transceiver”). With regard to claim 27 and its dependents, examiner has relied on Van Michelson to teach the limitation related to focus distance adjustment.
Applicant argues that the modification examiner suggests is impermissible hindsight. Applicant suggests several reasons why a person having ordinary skill in the art would not consider this, including that a person having ordinary skill in the art would not recognize that a corrugated pipe could be measured with the THz device of Thiel, that a person having ordinary skill in the art would not recognize that exterior surface dimensions could identify different structural elements of a corrugated pipe, that a person having ordinary skill in the art would not know how to obtain or establish reference values for different structures, and a person having ordinary skill in the art would not know how to program a controller to compare measured values against those reference values.
Quality checking is directly discussed in Thiel. Expanding the quality checking method of Thiel to allow for checking against multiple expected values is an obvious extension that does not require resort to applicant’s disclosure to be easily realized as advantageous.
Regarding the four “inventive” steps applicant mentions, these are extremely simple logical steps that would be easily recognized not only by a person having ordinary skill in the art but any reasonable intelligent person. Anyone with a basic understanding of light waves would understand that a device that measures the diameter and thickness of a plastic pipe by reflecting light waves off the pipes would necessarily be capable of measuring these things regardless of whether the pipe of smooth, corrugated, or any other shape. The only thing that differentiates a wave from a trough is a difference in dimension, so a person having ordinary skill in the art would of course recognize that such structures could be identified by such changes in dimension. Obtaining or establishing reference values is as simple as reading a spec sheet or entering a number in a spreadsheet. And programming a controller to compare one number to another is extremely basic, as applicants themselves have previously admitted.
Applicant argues that Van Mechelsen does not teach or suggest corrugated pipes, structure determination from exterior surface measurements, or the specific combination of measuring values required by the amended claims.
Examiner does not rely on Van Mechelsen to teach any of those things.
Conclusion
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/ELIZA W OSENBAUGH-STEWART/Primary Examiner, Art Unit 2881
