Notice of Pre-AIA or AIA Status
1. 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
2. This office action is in response to the communication on 05/10/2026.
Application Priority
3. This application is a 371 National stage entry of PCT/JP/2022/030662 filed on 08/10/2022 which claims priority to Japanese patent application JP 2021-132689 filed on 08/17/2021 and JP2022-086029 filed on 05/26/2022 (access code provided) as per the application datasheet dated 02/12/2024 and the filing receipt dated 07/09/2024. Electronically retrieved (07/22/2024) priority documents are on file with the office.
Request for Continued Examination
4. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/10/2026 has been entered.
Reply to Applicant’s arguments
5. Applicant’s arguments and claim amendments filed with the office on 05/10/2026 were fully considered and found to be non-persuasive. Regarding applicant’s arguments on pages 1 and 2, “By virtue of this configuration, even when the inspection target is made of a radio-opaque material such as metal or CFRP (carbon fiber reinforced polymer) that does not permit radio wave transmission; the pedestal spatially separates the RF antenna from the surface of the inspection target, thereby enabling wireless communication and facilitating remote inspection using an RFID reader and an RFID IC chip. Marincak fails to address the technical problem that RF communication is difficult when the inspection target is made of a radio-opaque material such as metal or CFRP. Accordingly, Marincak fails to teach or suggest any structure corresponding to the claimed non-conductor pedestal, specifically, a structure that spatially separates the RF antenna from the surface of the inspection target to enable wireless communication. The undercoat layer 16 of Marincak is a thin, brittle cementitious layer applied directly to the structural surface, and its purpose is electrical insulation and promotion of crack propagation. One of ordinary skill in the art would recognize that the undercoat layer 16 has no function capability of spatially separating the RF antenna from the surface of the inspection target. There is no concept in Marincak of spatially separating the antenna from the surface of the inspection target. To the extent that the Office attempts to maintain the rejection, Applicant respectfully requests that the Office clearly articulate how Marincak is interpreted as teaching or suggesting the pedestal spatially separating the RF antenna from the surface of the inspection target”, Examiner respectfully disagrees and maintains that Applicant’s arguments are directed to subject matter not currently recited in the claims.
Please see the rejection below for claim 1, 2, 6-8 rejected under 35 U.S.C. 103 as being unpatentable over Marincak (US 2010/0225497 A1) and in view of Bommer et al (US 2010/0123583 A1).
Claim Rejections – 35 U.S.C. 103
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.
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.
6. Claims 1, 2, 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Marincak (US 2010/0225497 A1) and in view of Bommer et al (US 2010/0123583 A1).
Examiner Note: Marincak (US 2010/0225497 A1) teaches, an apparatus useful for detecting a crack on a region of a surface. The apparatus comprises an electrically insulating undercoat on the surface, said undercoat comprising a cementitious compound, and a trace of an electrically conductive ink or paint on the undercoat between at least two terminals for connection to a voltage detector. The trace defines at least one region that permits an interrogator to determine a continuity of the trace (paragraph [0009]). The trace may consist of a plurality of traces arrayed to provide indications of a size of a crack, or to identify a position of the crack (paragraph [0010]), article having a surface and the apparatus in [0011], voltage detector, electronics for outputting, RFID tag in [0012], method for monitoring a surface for deformation, kit for producing surface-mounted crack sensors [0014].
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Regarding independent claim 1, Marincak (US 2010/0225497 A1) teaches, An inspection system applied to a moving body (also see [0042], [0031] a surface-mounted crack sensor 10 applied on a structural surface 12. For example, the surface 12 may be on a critical component of an aerospace structure, a motorized vehicle), comprising: a conductive circuit provided on an insulating coating material or a non-conductor coating on a structural surface of the moving body and closely attached to the insulating coating material or the non-conductor coating ([0032] The surface-mounted crack sensor 10 includes an electrically conductive paint or ink 14 applied on top of an undercoat 16 that acts as an electrical insulator. The undercoat 16 is applied to the structural surface 12. The electrically conductive paint or ink 14 is applied on the undercoat 16 to define at least one trace 18 between a pair of terminals 20); and an RFID IC chip including a sensor terminal connected to the conductive circuit and an RF antenna terminal connected to an RF antenna, and detecting an electrical continuity state of the conductive circuit (RFID is taught with respect to figure 3 in paragraph [0046] and implemented as microchip 26 in figure 4 and paragraph [0050] a surface-mounted crack detector 25 that uses a micro chip 26 and creates an antenna with the trace 18. In this embodiment, as before, a crack in the structural surface 12 will sever the trace 18, but the manner in which this is detected, according to the present invention, is via attempted energization of the micro chip 26 through the antenna. The micro chip 26 is energized by the efficient absorption of electromagnetic energy of a predetermined frequency (band) to which the antenna is tuned. If the antenna is broken, the energy at the predetermined frequency (band) will not be efficiently absorbed. As a result the micro chip 26 will not be energized, and further, modulation of a side band of the electromagnetic energy re-emitted by the antenna for communication will also be significantly impeded by the break in the antenna. As a result, a failure of the micro chip 26 to respond indicates a crack), wherein the conductive circuit is formed of a metal thin film having a thickness of 70 mm or smaller or a metal wire having a diameter of 200 mm or smaller, which is bonded to the insulating coating material or the non-conductor coating via an adhesive agent ([0039] The conductive ink or paint 14 may be applied over the undercoat 16 using any number of application techniques known in the art. These include: using pens that allow for manual drawing of the trace 18; application (for example, by roller, brush or spray) through a silk-screen or other template; using a stamp, for example, of rubber; application by an ink jet; and using a pad printer (with a roller or block). Using a pad printer, stamp or application through a template, a pattern-form on a block, roller, template, or stamp is used to define the trace. It will be appreciated that depending on the surface to be used, shape of the pattern of the trace, accessibility constraints, surface properties, etc., different methods of application may be preferred, and different surface preparation steps may be required. [0040] The following are examples of commercially available conductive inks or paints: acrylic resin containing metallic silver (e.g. Permatex.RTM. Quick Grid.TM.); copper particle conductivity in a water based paint (e.g. CuPro-Cote.TM. paint); silver filled, acrylic based paint; silver particle conductive epoxies; carbon filled, polyimide based paint; carbon filled, epoxy based paint; nickel-filled epoxy based paint; silver powder in a methyl methacrylate binder ink; super shield liquid format (also called nickel print): and acrylic base high purity nickel flake paint. [0059] While any conductive surface 42 may be used, applicant contemplates the use of a coated film or tape 46, such as Physical Vapour Deposition (PVD) tape, to provide the conductive surface 42. PVD tape has a metallized coating on a body of an insulating plastic. As the tape 46 may have significant tensile strength and elasticity, in which case it would not be expected to fracture with the underlying crack. [0060] It will be appreciated by those of skill in the art that the second coat 34 could be replaced by other insulating layers, such as the body 46 of a tape which provides the conductive surface 42 on a top side, rather than a bottom side as shown. One advantage of this would be an even separation of the trace 18 and the conductive surface 42. However, it will be necessary to prevent bonding of the trace 18 to the tape, which could otherwise adhere to the tape and not break with the undercoat 16), wherein the me
Regarding the limitation metal thin film having a thickness of 70 mm or smaller or a metal wire having a diameter of 200 mm or smaller, Marincak teaches, thin film fabrication by application through roller, brush or spray through a template, screen printing, inkjet printing, conductive epoxy based coating which would also have an adhesive ([0039][0040]), Physical vapor deposited tape [0058]-[0060]), all of them are standard processes adopted for thin film fabrication which would provide a film with thickness as claimed and the thickness is a design choice depending on the required conductivity.
Marincak (US 2010/0225497 A1) further teaches, a non-conductor pedestal that holds the RF antenna and the RFID IC chip, ([0031] FIG. 1 schematically illustrates a surface-mounted crack sensor 10 applied on a structural surface 12. In some embodiments the invention may be applied to materials testing, in which case the structural surface 12 may be a side of a coupon of a material having a defined property, or a surface of a test piece or model that is subjected to a test. Alternatively, the surface 12 may be on a critical structural surface of a structure in use. For example, the surface 12 may be on a critical component of an aerospace structure, a motorized vehicle, a building, bridge, or tunnel, or on a pipe. The structural surface 12 may be on a skin covering other components. The structural surface 12 may have a wide variety of surface geometries [0031].The surface-mounted crack sensor 10 includes an electrically conductive paint or ink 14 applied on top of an undercoat 16 that acts as an electrical insulator [0032]; an insulating layer 16 which provides adequate bonding for a commercially available conductive paint or ink, and an intended structural surface, and further provides electrical insulation between the conductive ink or paint, and the structural surface, which, in some applications, is conductive [0034], The undercoat 16 may be painted on, or applied in a number of ways known in the art, for example using electrostatic deposition. For example it may be painted on by brush, roll, or spray. It may be applied through a template, for example made of silk screen-type material [0037]. In some applications the structural surface 12 is conductive, and the undercoat 16 must be of a thickness and composition to provide adequate electrical insulation between the structural surface 12 and the conductive ink or paint 14, to permit the detection of the test voltage applied across the trace 18 with a desired reliability. If the structural surface 12 is not conductive, the undercoat 16 need only be enough of an insulator so that conduction through the undercoat 16 does not interfere with the measurement of the test voltage resulting in an undesired reliability [0038]). Also see (Nonconducting layer 16 holds the RFID and chip as shown in figures 1-7, and in cross sectional view of figures 4 and 6, PVD coated tape 46 as described in paragraphs [0059] and [0060]).
Marincak (US 2010/0225497 A1) et al does not explicitly teach a pedestal.
Bommer et al (US 2010/0123583 A1) teaches, Structural health monitoring apparatuses and methods are disclosed. One or more structural health sensors may be used to disconnect and/or connect one or more RFID chips to an antenna such that wireless communication with the one or more RFID chips (or the absence of wireless communication) through the antenna indicates the structural health status. Example structural health sensors may be moisture detecting or fracture detecting. A remote reader may be used to establish the wireless communication with the one or more RFID chips to determine the structural health. The sensors and RFID chips may be passive and powered through the wireless communication from the remote reader. Such apparatuses and methods may be applied to any large structures requiring regular inspection, such as aircraft, ships, automobiles or buildings (abstract).
Bommer et al further teaches a non-conductive/dielectric layer 218/312 (with a quarter wavelength thickness for the operating frequency) is provided between the antenna and the conductive panel under test (figure 2, 3, paragraphs [0048], [0049]).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Marincak by providing a metal film with a desired thickness since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 and by replacing the insulating film/undercoat 16 with an insulating film with a thickness tailored to minimize interference from the underlying metal structure, as taught by Bommer et al (paragraphs [0048], [0049]).
One of the ordinary skill in the art would have been motivated to make such a modification so that the conductivity of the metal film can be optimized for signal measurement, and also minimize interference from the underlying metal structure, as taught by Bommer et al (paragraphs [0048], [0049]).
Regarding dependent claim 2, Marincak (US 2010/0225497 A1) and Bommer et al (US 2010/0123583 A1) teach the inspection system according to Claim 1.
Marincak (US 2010/0225497 A1) further teaches, wherein the insulating coating material or the non-conductor coating has interfacial strength by which the insulating coating material or the non-conductor coating is closely attached to the moving body ([0034] The undercoat 16 provides adequate bonding for a commercially available conductive paint or ink, and an intended structural surface, and further provides electrical insulation between the conductive ink or paint, and the structural surface, which, in some applications, is conductive).
Regarding dependent claim 6, Marincak (US 2010/0225497 A1) and Bommer et al (US 2010/0123583 A1) teach the inspection system according to Claim 1.
Marincak (US 2010/0225497 A1) further teaches, wherein the RFID IC chip wirelessly performs electric power reception and signal transmission/reception via the RF antenna, and detects whether or not the conductive circuit is disconnected (paragraph [0012]).
Regarding dependent claim 7, Marincak (US 2010/0225497 A1) and Bommer et al (US 2010/0123583 A1) teach the inspection system according to Claim 1.
Marincak (US 2010/0225497 A1) further teaches, wherein a predetermined region including an installation region for the conductive circuit and the RFID IC chip and other regions are covered with a non-conductive material (Figures 3 and 4).
Regarding dependent claim 8, Marincak (US 2010/0225497 A1) and Bommer et al (US 2010/0123583 A1) teach the inspection system according to Claim 1.
Marincak (US 2010/0225497 A1) further teaches, further comprising: an RFID reader that performs electric power supply to the RFID IC chip and information transmission/reception to/from the RFID IC chip via the RF antenna ([0046] FIG. 3 is a schematic illustration of an embodiment of a surface-mounted crack detection apparatus that includes surface-mounted communications and processing electronics 24. Advantageously the communications and processing electronics 24 may be of a kind that is powered externally, via communications circuitry, so that there is no power supply contained in the communications and processing electronics 24. This largely facilitates embedding of the communications and processing electronics 24 on the structural surface 12, as the communications and processing electronics 24 can be paper thin, and of negligible mass (for many applications). The communications and processing electronics 24 and surface-mounted crack sensor 10 provide an integrated, closed detector that can be painted over or rendered inaccessible in use, but remains available for remote interrogation. One commercially available example of a communications and processing device 24 powered by communications circuitry is a radio frequency identification (RFID) tag. RFID tags are available that have memory and are capable of, for example, interrogating a thermometer, and logging the measurements. Such a RFID tag could be adapted for use in voltage detection.[0047] RFID tags generally are composed of a plastic film onto which a micro chip and an antenna are attached. The antenna may be a spiral loop-type antenna known in the art. [0048] A preferred connection between the terminals 20 and inputs of the communications and processing device 24 uses an electrically conductive epoxy because of its rigid connection, elasticity, and ease of application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SURESH RAJAPUTRA whose telephone number is (571) 270-0477. The examiner can normally be reached between 8:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EMAN ALKAFAWI can be reached on 571-272-4448. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SURESH K RAJAPUTRA/Examiner, Art Unit 2858
/EMAN A ALKAFAWI/Supervisory Patent Examiner, Art Unit 2858 5/20/2026
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