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 .
Summary
Claims 1-33 are pending. Claims 17-33 were previously withdrawn. Claims 1-16 are rejected herein. This is a Non-Final Rejection after the amendment, arguments, and Request for Continued Examination (hereinafter “the Response”) dated 03 Sep 2026.
Claim Rejections - 35 USC § 112(b)
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.
Claim(s) 16 is/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.
Regarding claim 16: The scope of the claim is unclear because it is unclear what statutory category the claim is supposed to fall into (see 101 rejection below). Claim 1 is a method claim and claim 16 depends from claim 1, and is directed toward a non-transitory computer-readable medium. However claim 16 has elements of both of these classes. Claim 16 has concrete method steps (e.g. “positioning the test device”) because it contains all of the limitations of claim 1 from which it depends. However, concrete method steps cannot be within the scope of computer-readable media. Therefore the scope of the claim is indefinite.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim(s) 16 is/are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Regarding claim 16: Claim 16 is directed toward “a non-transitory computer-readable medium” which is something like a hard drive, CD, etc. However claim 1 contains the concrete method steps of “providing a test device” and “positioning a test device.” It is impossible for these method steps to be within the scope of claim 16. Therefore claim 16 does not contain all of the limitations of its parent claim. Therefore claim 16 is in improper dependent form.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 16 is/are rejected for failing to meet the requirements of 35 U.S.C. 101.
Regarding claim 16: Claim 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is a “non-transitory computer-readable medium” which depends from a method. The method comprises actual steps performed in the real world with a physical apparatus, namely “providing a test device” and “positioning the testing device at a measurement position.” It is impossible for a non-transitory computer-readable medium to perform these concrete steps, however they must be within the scope of any dependent claim. Therefore the Applicant is claiming both a method and a non-transitory computer-readable medium. Therefore the claim does not fit into one of the four categories of patent eligible subject matter.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 7-10, 15, and 16 is/are rejected under 35 U.S.C. 102(a1 and a2) as being anticipated by HIRONAKA et al. (JP 2002267639). A machine translation of HIRONAKA was included with the office action dated 18 Feb 2026. All references to text in HIRONAKA are to that machine translation.
Regarding claim 1: HIRONAKA discloses: A method for non-destructively testing a specimen by acoustic waves (para. 1), comprising: providing a test device (G in FIG. 1; para. 21), positioning the testing device at a measurement position in mechanical contact with the specimen (para. 23), receiving from a testing device (para. 16) at a measurement position, in mechanical contact with the specimen (para. 16), raw data representing acoustic waves that propagated through the specimen (para. 16), wherein the raw data is processable in a first processing algorithm and wherein the raw data is processable in a second processing algorithm (Any acoustic data would be processable by the two algorithms, therefore the scope of the claim only requires processing by one of the two algorithms. Incidentally, HIRONAKA discloses both algorithms. Single reflections are illustrated in FIG. 8 [para. 33] and multiple reflections are illustrated in FIG. 10 [para. 43]. Please also note that sensors of HIRONAKA will receive whatever acoustic data are reflected from within in the specimen. Therefore if a tested specimen contains multiple discontinuities in such an arrangement that an acoustic wave will reflect off of two discontinuities before being detected, that “raw data” is still “raw data that is processable” by any algorithm. Whether any particular algorithm utilizes that part of the signal that contains data pertaining to a wave that has reflected off several discontinuities is immaterial. The information is still contained in the detected signal. The raw data is still “processable.”), and processing the raw data by at least one of the first and the second processing algorithm, wherein the first processing algorithm comprises deriving information about the specimen from multiple reflections of the acoustic waves from several discontinuities (FIG. 10; para.43. Please note that the multiple reflections shown in claim 10, and the fact that a specimen can have multiple defects, means that when a specimen is inspected according to the two-step method of para. 43, the test device will receive “multiple reflections of the acoustic waves from several discontinuities.” Please see the “Response to Amendments/Arguments” section below for further discussion of this claim language.), wherein the second processing algorithm comprises deriving information about the specimen from a travel time of a single reflection of the acoustic waves (FIG. 8; para. 33).
Regarding claims 2-4 and 7-10: These claims only limit one of the two processing algorithms. As discussed above, the rejection of claim 1 only requires processing by one of the two algorithms, and because HIRONAKA discloses both of the algorithms, HIRONAKA will anticipate any claim that narrows only one of the two algorithms, regardless of whether HIRONAKA discloses the added limitations.
Regarding claim 15: HIRONAKA discloses: A testing system comprising: a testing device (G in FIG. 1; para. 21) comprising an acoustic wave sensor (para. 21-22), a processing unit (processing apparatus 71 in FIG. 7; para. 30) adapted to execute the method of claim 1 (The rejection of claim 1 has been discussed above.).
Regarding claim 16: As best understood, HIRONAKA discloses: A computer program (signal processing and waveform processing in para. 30-31) comprising instructions executable by a processor (signal processing apparatus 71 in FIG. 7; para. 30-31) to execute the method of claim 1 (The rejection of claim 1 has been discussed above.) so as to: receive from a testing device positioned at a measurement position, and in mechanical contact with the specimen, raw data representing acoustic waves that propagated through the specimen, wherein the raw data is processable in a first processing algorithm and wherein the raw data is processable in a second processing algorithm, and process the raw data by at least one of the first and the second processing algorithm, wherein the first processing algorithm comprises deriving information about the specimen from multiple reflections of the acoustic waves, wherein the second processing algorithm comprises deriving information about the specimen from a travel time of a single reflection of the acoustic waves (These limitations are addressed in the rejection of claim 1.).
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) 2-9 and 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over HIRONAKA in view of GUTHRIE et al. (US 2018/0011088).
Regarding claims 2-9 and 11-14: HIRONAKA does not disclose determining a frequency spectrum.
GUTHRIE however does teach determining a frequency spectrum of the raw data (para. 43). Please note that GUTHRIE teaches non-destructively testing a specimen by acoustic waves (para. 41), receiving from a testing device (microphone 230 in FIG. 2) at a measurement position, on a specimen (concrete surface in para. 41), raw data representing acoustic waves that propagated through the specimen (para. 33), deriving information about the specimen from multiple reflections of the acoustic waves (Many acoustic measurements are taken as discussed in para. 33.), and deriving information about the specimen from a travel time of a single reflection of the acoustic waves (Such as wave speed within the concrete as discussed in para. 51. This is determined from a single reflection/echo and the difference in time it takes to reach two different microphones.). GUTHRIE also teaches using frequency components of the raw data with frequencies up to at least 15 kHz (FIGS. 14A and 14B show frequency responses in this range.), thus meeting the limitations of claim 3. GUTHRIE also teaches determining a dominant frequency component in the frequency spectrum (Different resonant frequencies based on the integrity of the concrete in para. 39), thus meeting the limitations of claim 4. GUTHRIE also teaches receiving, from the testing device, raw data from several different measurement positions (Taking data while traversing the concrete surface in para. 33), and compiling a data set comprising the dominant frequency component per measurement position, displaying the data set as a heat map (FIG. 17A is a heat map of the surface of a two-lane bridge. Para 115), thus meeting the limitations of claim 5. GUTHRIE also teaches detecting a deviating dominant frequency component, which deviates from other dominant frequency components in the data set (Different resonant frequencies based on the integrity of the concrete in para. 39), thus meeting the limitations of claim 6. GUTHRIE also discloses using these dominant frequencies (para. 39) to determine discontinuities (para. 37) which would be a measure of the thickness of the concrete, thus meeting the limitations of claim 7. GUTHRIE also teaches evaluating the raw data in time domain (para. 64), thus meeting the limitations of claim 8. GUTHRIE also teaches using frequency components of the raw data with frequencies up to 10 kHz (FIGS. 14A and 14B show using frequencies up to 5 kHz), thus meeting the limitations of claim 9. GUTHRIE also teaches generating the acoustic waves at an impact position on the specimen, in particular by letting an impactor impact on the specimen (para. 41), thus meeting the limitations of claim 11. GUTHRIE also teaches triggering an automatic impactor to hit the specimen (para. 33), wherein the impact position is located at a known distance from the measurement position (para. 62), and determining a speed of sound in the specimen based on the known distance (para. 51), thus meeting the limitations of claim 13. Guthrie also teaches generating the acoustic waves at the impact position repetitively, thereby generating several raw signals, averaging over the several raw signals at one measurement position (para. 72), thus meeting the limitations of claim 14. Although GUTHRIE teaches generating the acoustic waves by hitting the specimen with an impact hammer (para. 33), they do this automatically and not manually. However, it is obvious that one skilled in the art could use an impactor manually to test a small spot instead of the automated system of GUTHRIE that scans an entire road lane while continuously moving, thus meeting the limitations of claim 12.
Overall both HIRONAKA and GUTHRIE both teach propagating acoustic radiation into concrete and analyzing the state of the concrete based on the detected reflections. The main difference is that GUTHRIE uses an impact hammer to create the acoustic radiation and HIRONAKA uses ultrasonic transducers. Therefore it would be obvious to one skilled in the art at the time the application was effectively filed to use both of these techniques because the generated and reflected signals will be different and therefore will provide different data.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over HIRONAKA in view of HIROSE (JP H09189599). A machine translation of HIROSE was provided with the office action dated 18 Feb 2025. All references to text in HIROSE are to that machine translation.
Regarding claim 10: HIRONAKA does not disclose using the sensor to determine a length of a specimen.
HIROSE however does teach a concrete pile (31 in FIG. 75) and using an acoustic sensor (6, 7) to measure the length of the pile based on travel time (para. 116).
One skilled in the art at the time the application was effectively filed would be motivated to use the device of HIRONAKA to measure the length of a pile as taught by HIROSE because it may be buried and its length unknown (para. 115 of HIROSE).
Response to Amendment/Arguments
The Applicant has argued (page 8-10 of the Response) that HIRONAKA does not disclose that the “multiple reflections” in claim 1 are “from several discontinuities” and therefore HIRONAKA does not disclose all of the limitations of claim 1 as currently amended. This argument has been fully considered and is not persuasive. While the Examiner agrees that HIRONAKA does not explicitly disclose detecting a single wave that has bounced off of several discontinuities, the language of claim 1 does not require this. Claim 1 recites “wherein the first processing algorithm comprises deriving information about the specimen from multiple reflections of the acoustic waves from several discontinuities.” There are multiple ways that an apparatus can detect “multiple reflections of the acoustic waves from several discontinuities.” The apparatus can detect a single wave that has bounced off of several discontinuities (this is the Applicant’s sole interpretation of claim 1), or the apparatus can detect multiple waves that have bounced off multiple discontinuities with each wave only reflecting off of a single discontinuity (as taught by HIRONAKA in para. 43). The wording of claim 1 allows for both. Therefore HIRONAKA meets the limitations of claim 1 as currently amended.
The Applicant has argued (pages 9-10 of the Response) that the use of “processable” in claim 1 requires that the raw data contains the necessary technical information to allow the algorithm to derive meaningful information about the specimen. The Applicant then states that “because the acoustic data recorded in HIRONAKA does not contain signals from multiple reflections…HIRONAKA cannot be reasonably understood to be processable by the first processing algorithm.” This argument has been fully considered and is not persuasive. HIRONAKA does not teach using the part of a signal that has reflected from multiple discontinuities, but that does not mean that the information is not within the detected data. HIRONAKA allows for a variety of defects in the inspected sample (para. 1), therefore if ultrasonic radiation is applied to a sample and the geometry of the sample and the defects is such that a wave will reflect off of multiple discontinuities before being detected, that data is still within the detected signals, whether or not it is utilized in any way. Therefore, such data is still “processable” by the claimed algorithms, even if those algorithms are not used.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL J KOLB whose telephone number is (571)270-7601. The examiner can normally be reached M-F 9-5 EST.
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/NATHANIEL J KOLB/Examiner, Art Unit 2855
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