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 .
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.
DETAILED ACTION
Election/Restrictions
1. A response on 09/29/2026 a provisional election was made without traverse to prosecute the invention of claims 1-13. Claims 14-20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Because these inventions are distinct for the reasons given on action dated 08/07/2026, restriction for examination purposes as indicated is proper.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
2. 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.
Claims 1-13 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 claims 1-13, the term “raw data” is vague and a relative term that renders the claim indefinite. The term “raw data” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably appraised of the scope of the invention. An artisan doing measuring and testing would not know at what point “raw data” within the scope of the claim had been accomplished because nothing within the disclosure establishes when a sufficient “raw data” occurs.
Note: In view of the PTO compact prosecution, the Examiner notes that due to the indefiniteness issues described above all consideration of the merits of the claims in view of prior art is as best understood.
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.
Claims 1-13 are 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.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a system for providing compaction status of a continuous asphalt concrete in real-time, the system comprising: using raw data from a ground penetrating radar sensing an asphalt concrete at a location; processing the raw data to obtain processed data; determining an asphalt density of the asphalt concrete at the location based on the processed data according to an asphalt density prediction model; determining a compaction status of the asphalt concrete at the location based on the asphalt density and a target compaction threshold; and outputting the compaction status of the asphalt concrete at the location to an operator for determining whether to continue or stop compacting the asphalt concrete at the location appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of a controller comprising a memory storing instructions, and the controller comprising a processor in communication with the memory, wherein, when the processor executes the instructions, the processor is configured to cause the controller to perform are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? no more additional elements. Step 2B: No. claim 1 not eligible.
Claim 5, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a method for providing compaction status of a continuous asphalt concrete in real-time performed by an electronic device, the method comprising:
using obtained raw data from a ground penetrating radar sensing asphalt concrete at a location; processing the raw data to obtain processed data;
determining an asphalt density of the asphalt concrete at the location based on the processed data according to an asphalt density prediction model;
determining a compaction status of the asphalt concrete at the location based on the asphalt density and a target compaction threshold; and outputting the compaction status of the asphalt concrete at the location to an operator for determining whether to continue or stop compacting the asphalt concrete at the location appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? no additional elements. Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? no more additional elements. Step 2B: No. claim 5 not eligible.
Claim 2 related to the processor executes the instructions, the processor is configured to cause the controller to perform: while the ground penetrating radar is moving along the asphalt concrete, repeating steps from using collected raw data to the outputting the compaction status with respect to the asphalt concrete continuously at a plurality of locations, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 2 not eligible.
Claim 3 related to a mounting structure configured to mount the controller and the ground penetrating radar to a compaction roller, wherein the mounting structure comprises: a plurality of rigid bars configured to fix to lifting points of the compaction roller; a truss structure fixed to the plurality of rigid bars and configured to receive the controller; and a plurality of beams, wherein, for each beam of the plurality of beams, a proximal end of the beam is configured to fix to the truss structure and a distal end of the beam is configured to mount the ground penetrating radar, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 3 not eligible.
Claim 4 related to a telescopic rigid bar with an adjustable length configured to fit a width of the compaction roller, and one or more rigid bars with adjustable lengths configured to fix to the lifting points of the compaction roller; and the plurality of beams comprise non-metallic material, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 4 not eligible.
Claim 6 related to : while the ground penetrating radar is moving along the asphalt concrete during compaction, repeating steps from the obtaining raw data to the outputting the compaction status with respect to the asphalt concrete continuously at a plurality of locations, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 6 not eligible.
Claim 7 related to the determining the compaction status of the asphalt concrete at the location based on the asphalt density and the target compaction threshold comprises: in response to the asphalt density being smaller than the target compaction threshold, determining the compaction status of the asphalt concrete at the location as under-compaction with a color code corresponding to the asphalt density; in response to the asphalt density being equal to the target compaction threshold, determining the compaction status of the asphalt concrete at the location as at-target-compaction with a color code corresponding to the asphalt density; and in response to the asphalt density being larger than the target compaction threshold, determining the compaction status of the asphalt concrete at the location as over-compaction with a color code corresponding to the asphalt density, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 7 not eligible.
Claim 8 related to the target compaction threshold corresponds to percent compaction specified by designer/owner, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 8 not eligible.
Claim 9 related to the outputting the compaction status of the asphalt concrete at the location to an operator for determining whether to continue or stop compacting the asphalt concrete at the location comprises: generating a heatmap based on color codes for the asphalt concrete at a plurality of locations; and outputting the heatmap to an operator for determining whether to continue or stop compacting the asphalt concrete at the location, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 9 not eligible.
Claim 10 related to the compaction status of the asphalt concrete at the location being under-compaction is configured for the operator to continue compacting the asphalt concrete at that location; or the compaction status of the asphalt concrete at the location being at target compaction is configured for the operator to stop compacting the asphalt concrete at that the location, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 10 not eligible.
Claim 11 related to obtaining geo-location data of the asphalt concrete at the location from a global positioning system; and associating the geo-location data and the asphalt density of the asphalt concrete at the location, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 11 not eligible.
Claim 12 related to at least one of the following: pre-processing the raw data, performing signal instability correction; performing height correction; performing thin layer processing; performing surface moisture removal; and/or performing wavelet smoothing, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 12 not eligible.
Claim 13 related to the ground penetrating radar is configured to mount to a compaction roller by a mounting structure, wherein the mounting structure comprises: a plurality of rigid bars configured to fix to lifting points of the compaction roller; a truss structure fixed to the plurality of rigid bars and configured to receive the electronic device; and a plurality of beams, wherein, for each beam of the plurality of beams, a proximal end of the beam is configured to fix to the truss structure and a distal end of the beam is configured to mount the ground penetrating radar, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 13 not eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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.
Claim(s) 1, 5, 2, 6, 8, 9, 10, 11 and 12 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by TROXLER, CN 200880102391 A, DATE PUBLISHED: 2010-08-11, CPC A01K 15/023.
Regarding claim 1:
TROXLER described a system for providing compaction status of a continuous asphalt concrete in real-time, the system comprising (0050, Real time differential method associated with the known position of beacons):
a controller comprising a memory storing instructions, and the controller comprising a processor in communication with the memory, wherein, when the processor executes the instructions, the processor is configured to cause the controller to perform (0055, computer device 110 can be operatively associated with measuring device 102, 0063, with memory):
Using raw data from a ground penetrating radar sensing an asphalt concrete at a location (0052, the data includes the measured sample property and when or about when the measuring/locating/tracking device of the characteristic of the sample 200, 00126, pattern from the asphalt/soil material);
processing the raw data to obtain processed data;
determining an asphalt density of the asphalt concrete at the location based on the processed data according to an asphalt density prediction model (0005, asphalt paving density);
determining a compaction status of the asphalt concrete at the location based on the asphalt density and a target compaction threshold (0005, mixture level, humidity and density of pulp and wood material); and
outputting the compaction status of the asphalt concrete at the location to an operator for determining whether to continue or stop compacting the asphalt concrete at the location (0039, paving-related characteristics of the material, 0040, include a location of the reading, obtaining concrete material type and material characteristic of the material properties).
Regarding claim 5:
TROXLER described a method for providing compaction status of a continuous asphalt concrete in real-time performed by an electronic device (0050, Real time differential method associated with the known position of beacons), the method comprising:
using obtained raw data from a ground penetrating radar sensing asphalt concrete at a location; processing the raw data to obtain processed data (0052, the data includes the measured sample property and when or about when the measuring/locating/tracking device of the characteristic of the sample 200, 00126, pattern from the asphalt/soil material);
determining an asphalt density of the asphalt concrete at the location based on the processed data according to an asphalt density prediction model (0005, asphalt paving density);
determining a compaction status of the asphalt concrete at the location based on the asphalt density and a target compaction threshold (0005, mixture level, humidity and density of pulp and wood material); and
outputting the compaction status of the asphalt concrete at the location to an operator for determining whether to continue or stop compacting the asphalt concrete at the location (0039, paving-related characteristics of the material, 0040, include a location of the reading, obtaining concrete material type and material characteristic of the material properties).
Regarding claim 2, TROXLER further described when the processor executes the instructions, the processor is configured to cause the controller to perform: while the ground penetrating radar is moving along the asphalt concrete, repeating steps from using collected raw data to the outputting the compaction status with respect to the asphalt concrete continuously at a plurality of locations (0043, computer program product, 0005, including asphalt paving density, 0050, Real time differential method associated with the known position of beacons, 0039, paving-related characteristics of the material, 0040, include a location of the reading, obtaining concrete material type and material characteristic of the material properties ).
Regarding claim 6, TROXLER further described while the ground penetrating radar is moving along the asphalt concrete during compaction, repeating steps from the obtaining raw data to the outputting the compaction status with respect to the asphalt concrete continuously at a plurality of locations (0043, determine a measurement device of the characteristic of the related material is paved, 0050, time differential method associated with the known position of beacons or base station also can enhance the precision of the location reading).
Regarding claim 8, TROXLER further described the target compaction threshold corresponds to percent compaction specified by designer/owner (0113, measuring quantity device and its relative to such as position/location of the boundary and/or route. boundary and/or route can be defined by the operator. through using the appropriate user identification information).
Regarding claim 9, TROXLER further described the outputting the compaction status of the asphalt concrete at the location to an operator for determining whether to continue or stop compacting the asphalt concrete at the location comprises (0043, being configured to determine a measurement device of the characteristic of the related material is paved): generating a heatmap based on color codes for the asphalt concrete at a plurality of locations (0042, based on GPS location ); and outputting the heatmap to an operator for determining whether to continue or stop compacting the asphalt concrete at the location (0042, based on GPS location , 0050, Real time differential method associated with the known position of beacons).
Regarding claim 10, TROXLER further described the compaction status of the asphalt concrete at the location being under-compaction is configured for the operator to continue compacting the asphalt concrete at that location (0005, including asphalt paving density, 0050, Real time differential method associated with the known position of beacons, 0039, paving-related characteristics of the material, 0040, include a location of the reading, obtaining concrete material type and material characteristic of the material properties , 0113, measuring quantity device and its relative to such as position/location of the boundary and/or route. boundary and/or route can be defined by the operator. through using the appropriate user identification information); or the compaction status of the asphalt concrete at the location being at target compaction is configured for the operator to stop compacting the asphalt concrete at that the location.
Regarding claim 11, TROXLER further described obtaining geo-location data of the asphalt concrete at the location from a global positioning system; and associating the geo-location data and the asphalt density of the asphalt concrete at the location (0050, asphalt paving density , Real time differential method associated with the known position of beacons, 0039, paving-related characteristics of the material, 0040, include a location of the reading, obtaining concrete material type and material characteristic of the material properties , 0113, measuring quantity device and its relative to such as position/location of the boundary and/or route. boundary and/or route can be defined by the operator. through using the appropriate user identification information, 0110, including GPS position measuring).
Regarding claim 12, TROXLER further described least one of the following: pre-processing the raw data, performing signal instability correction (0050, real-time, 0156, is also possible to offset or correction is applied, 0059, monitoring measurement, adjusting one or more parameters correceiving measurement data from measurement/location/tracking device); performing height correction; performing thin layer processing; performing surface moisture removal; and/or performing wavelet smoothing.
Contact information
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
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, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
October 08, 2026
