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
Status
This instant application No. 18/298182 has Claims 1-9 pending.
Priority /Filing Date
Applicant claimed Foreign Priority from Chinese Application No. CN2023101964022. The priority filing date of this application is March 3, 2023.
Claim Objections
3. Claims 1, 2, 5 are objected to because of the following informalities: The aforesaid claims recite numerical numbers in parenthesis to denote claimed elements -which is unnecessary and create confusion. Appropriate correction is required by removing these numerical denotations.
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.
4. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder (such as ‘configured to’) that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations/elements are:
‘geological body intelligent perception module’,
‘tunnel intelligent dynamic blasting design and parameter optimization module’,
‘blasting dynamic fracture behavior analysis module’,
‘laser scanning blasting effect quality evaluation module’,
‘borehole layout module’,
in Claims 3-4.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
5. Claims 1-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 2, in the preamble recite “A tunnel dynamic blasting device based on geological body intelligent perception”. However, the body of the claim lacks how this tunnel dynamic blasting deice is based on geological body intelligent perception. The claim language appears to recite a tunnel blasting device with some instruments and accessories mounted into them, but lacks how it is dynamic and how it is based on geological body intelligent
perception- thereby missing a vital element of the inventive concept and making the objective of the claim indefinite. Appropriate correction is required.
In Claims 3-4, the claim limitations ‘geological body intelligent perception module’, ‘tunnel intelligent dynamic blasting design and parameter optimization module’, ‘blasting dynamic fracture behavior analysis module’, ‘laser scanning blasting effect quality evaluation module’, and ‘borehole layout module’,
- invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification does not disclose the specific algorithm or functional logic of the claim limitations beyond what is recited in the claim limitations themselves. The claim mentions these items as a generic software module without any details and that cannot be considered a structure. Therefore, the claims are indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Any claim not specifically treated is rejected by virtue of its dependency.
Allowable Subject Matter
6. Claims 1-9 are allowable pending resolving all intervening issues such as claim objection, USC 112(b) rejection above. Reasons for allowance will be held in abeyance pending final recitation of the claims.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liu et al. (Patent No.: US 11,215,542 B2) discloses a rock mechanics test system with impact loading-confining pressure unloading and its usage method. The test system includes bearing frame unit, axial compression loading unit, impact loading unit and confining pressure loading unit.
Li et al. (Patent No.: US 11,016,010 B1) teaches a triaxial rock mechanics test system for high-strain-rate cyclic dynamic loading that includes a host loading module, a dynamic cyclic loading module, and a dynamic measurement module.
He et al. (Pub. No.: US 2015/0168282 A1) relates to a simulated impact-type rock burst experiment apparatus comprising a bracket, a specimen box assembly, an X-direction, Y-direction and Z-direction loading mechanisms mounted on the bracket, and control systems.
Xu et al. (Pub. No.: US 2024/0102782 A1) provides a method for evaluating deep-buried tunnel blasting parameters, and comprises setting multiple diverse blasting schemes; selecting a plurality of test sections with the same geological characteristics, the number of the test sections corresponding to the number of the blasting schemes; blasting the test sections using the blasting schemes, and obtaining diversified monitoring data of each test section.
Giltner et al. (Pub. No.: US 2020/0250355 A1) teaches an apparatus for generating a blast plan that can receive blast data comprising geological properties of a blast site, blasthole parameters, and available explosive product. A pattern footage can be determined based on a relationship between the face height, the specific energy of the available explosive product, and the geological properties of the bench. The burden and spacing can be determined from the pattern footage.
Jeong et al. (Patent No.: US 12,111,145 B2) teaches an operation method of the blasting system that generates a blasting design including at least one of blasting hole information, explosive information and detonator information based on a base map for a blasting site; forms a plurality of blasting holes based on the blasting design, and complementing the blasting design according to drilling data generated by the drilling device.
Correspondence Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFTEKHAR A KHAN whose telephone number is (571)272-5699. The examiner can normally be reached on M-F from 9:00AM-6:00PM (CST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emerson Puente can be reached on (571)272-3652. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IFTEKHAR A KHAN/Primary Examiner, Art Unit 2187
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