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 .
Response to Amendment
Applicant' s amendment and response filed 7/10/2026 has been entered and made record. This application contains 7 pending claims.
Claims 1, and 5-8 have been amended.
Claim 4 has been cancelled.
Response to Arguments
Applicant’s arguments filed 7/10/2026 regarding claims rejections under 35 U.S.C. 101 in claim 1-8 have been fully considered but they are not persuasive.
The applicant argues on pages 10-11 of the remark filed on 7/10/2026 that “… Applicant respectfully submits that even if these steps involve some forms of data processing, the amended claim 1 does not recite an abstract idea when viewed as a whole. The claimed invention is not directed to a mathematical concept, a fundamental economic practice, or a method of organizing human activity. Rather, it is directed to a specific, concrete apparatus - an airborne detection device for cracks - that addresses the specific technical problem of obtaining a three-dimensional visualization of concrete cracks. … Therefore, the amended claim 1 is not "directed to" an abstract idea. … .”
The Examiner respectfully disagrees applicant’s argument. The steps of “extracting crack morphology information based on the captured crack images”, and “generating three-dimensional structure of the cracks by integrating the depth information of the concrete cracks with the crack morphology information” are mathematical concepts, therefore, they are considered to be an abstract idea. Thus, the claims are directed to an abstract idea.
The applicant argues on pages 11-14 of the remark filed that “… if the additional elements "integrate the exception into a practical application." Applicant submits that the amended claim 1 does precisely that. … (b) The amended claim 1 as a whole applies the judicial exception in a meaningful way … Based on above arguments, Step 2A, Prong 2 is satisfied.”
The Examiner respectfully disagrees applicant’s argument. Practical application can be demonstrated by additional elements that are sufficient to integrate the judicial exception into a practical application. The additional elements “an ultrasonic mechanism for collecting depth information of concrete cracks”, and “a camera mechanism for marking crack locations; and capturing crack images” are considered necessary data gathering and thus, not sufficient to integrate the abstract idea into a practical application. As recited in MPEP section 2106.05(g), necessary data gathering (i.e., retrieving the measurement data) is considered extra solution activity in light of Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015).
The additional elements “a multi-rotor unmanned aerial vehicle (UAV), wherein the multi-rotor UAV is equipped with an ultrasonic mechanism”; “the camera mechanism and the ultrasonic mechanism are both mounted at a bottom of the multi-rotor UAV via a mounting bracket”, “the ultrasonic mechanism comprises a two-degree-of-freedom rotatable mechanical arm attached to the mounting bracket, an ultrasonic generator located at an end of the two-degree-of-freedom rotatable mechanical arm, and a transducer positioned at a base of the two-degree-of-freedom rotatable mechanical arm, the ultrasonic generator is electrically connected to the transducer and to the multi-rotor UAV, the ultrasonic generator is in communication with the multi-rotor UAV, and the multi-rotor UAV communicates with a remote control terminal”; “the two-degree-of-freedom rotatable mechanical arm comprises a first arm and a second arm, a first end of the first arm is fixedly connected to an accommodation box, wherein the accommodation box houses the ultrasonic mechanism, the accommodation box is slidably mounted on a base platform and has L-shaped sliding plates at both ends of a bottom of the accommodation box, a second end of the first arm is connected to the second arm via a center of gravity angle adjustment component; and an end of the second arm, distal to the center of gravity angle adjustment component, is connected to the transducer via a rotation distance adjustment component”; and “a top of the base platform is provided with a T-shaped sliding groove, the bottom of the accommodation box is slidably connected to the T-shaped sliding groove via the L-shaped sliding plates, and a bottom of the base platform is fixed to a landing gear of the multi-rotor UAV via a limiting ring”; “wherein the camera mechanism comprises a gimbal, a camera fixed to the gimbal, and a laser rangefinder sensor attached to the camera, a center of camera lens is equipped with crosshairs, wherein the crosshairs comprise a horizontal reference line and a vertical reference line, wherein the horizontal reference line and the vertical reference line are perpendicular to each other”; “wherein a processing platform module within the remote control terminal is equipped with a point calibration function and a concrete crack morphology recognition model, the concrete crack morphology recognition model comprises an optimized YOLO model, wherein the optimized YOLO model has been enhanced using OpenCV image processing algorithms and Z-Score threshold detection algorithms, and the optimized YOLO model is built on a Pytorch deep learning framework and utilizes convolutional neural networks (CNNs); wherein the remote control terminal”; and “wherein the crack morphology information comprises crack length, crack width, crack inclination angle, and crack profile” are not sufficient to integrate the abstract idea into a practical application. The alleged improvement in the field of concrete infrastructure inspection that address the specific technological limitations of prior art inspection systems relate to improvement to the abstract idea itself. Therefore, the current claims do not recite additional elements that are indicative of integration of an abstract idea into a practical application.
The applicant argues on pages 14-15 of the remark filed that “… Even if the amended claim 1 was found to recite an abstract idea that is not integrated into a practical application (which Applicant disputes), the amended claim 1 recites additional elements that amount to significantly more than the judicial exception. … Therefore, Step 2B is also satisfied. … .”
The Examiner respectfully disagrees applicant’s argument. Significantly more can be demonstrated by additional elements that are not well-understood and conventional that integrate the abstract idea into a practical application. However, the claim does not recite them. The additional elements “a multi-rotor unmanned aerial vehicle (UAV), wherein the multi-rotor UAV is equipped with an ultrasonic mechanism”; “the camera mechanism and the ultrasonic mechanism are both mounted at a bottom of the multi-rotor UAV via a mounting bracket”, “the ultrasonic mechanism comprises a two-degree-of-freedom rotatable mechanical arm attached to the mounting bracket, an ultrasonic generator located at an end of the two-degree-of-freedom rotatable mechanical arm, and a transducer positioned at a base of the two-degree-of-freedom rotatable mechanical arm, the ultrasonic generator is electrically connected to the transducer and to the multi-rotor UAV, the ultrasonic generator is in communication with the multi-rotor UAV, and the multi-rotor UAV communicates with a remote control terminal”; “the two-degree-of-freedom rotatable mechanical arm comprises a first arm and a second arm, a first end of the first arm is fixedly connected to an accommodation box, wherein the accommodation box houses the ultrasonic mechanism, the accommodation box is slidably mounted on a base platform and has L-shaped sliding plates at both ends of a bottom of the accommodation box, a second end of the first arm is connected to the second arm via a center of gravity angle adjustment component; and an end of the second arm, distal to the center of gravity angle adjustment component, is connected to the transducer via a rotation distance adjustment component”; and “a top of the base platform is provided with a T-shaped sliding groove, the bottom of the accommodation box is slidably connected to the T-shaped sliding groove via the L-shaped sliding plates, and a bottom of the base platform is fixed to a landing gear of the multi-rotor UAV via a limiting ring”; “wherein the camera mechanism comprises a gimbal, a camera fixed to the gimbal, and a laser rangefinder sensor attached to the camera, a center of camera lens is equipped with crosshairs, wherein the crosshairs comprise a horizontal reference line and a vertical reference line, wherein the horizontal reference line and the vertical reference line are perpendicular to each other”; “wherein a processing platform module within the remote control terminal is equipped with a point calibration function and a concrete crack morphology recognition model, the concrete crack morphology recognition model comprises an optimized YOLO model, wherein the optimized YOLO model has been enhanced using OpenCV image processing algorithms and Z-Score threshold detection algorithms, and the optimized YOLO model is built on a Pytorch deep learning framework and utilizes convolutional neural networks (CNNs); wherein the remote control terminal”; and “wherein the crack morphology information comprises crack length, crack width, crack inclination angle, and crack profile” are routine in inspecting cracks in concrete structures such as bridges, dams, and buildings; and are well-understood and conventional. Therefore, the claim 1 does not contain additional elements that are not well-understood and conventional that integrate the abstract idea into a practical application.
Dependent claims 2-8 provide additional features/steps which are considered part of an expanded abstract idea of the independent claims, and do not integrate the abstract ideas into a practical application. Therefore, claims 2-8 are also patent ineligible.
Hence, the Examiner submits that the rejections of Claims 1-8 are proper.
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 1-3, and 5-8 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.
As to claim 1, the claim recites “An airborne detection device for cracks in concrete infrastructure structures, comprising
a multi-rotor unmanned aerial vehicle (UAV), wherein the multi-rotor UAV is equipped with an ultrasonic mechanism for collecting depth information of concrete cracks, and a camera mechanism for marking crack locations; and capturing crack images
the camera mechanism and the ultrasonic mechanism are both mounted at a bottom of the multi-rotor UAV via a mounting bracket, the ultrasonic mechanism comprises a two-degree-of-freedom rotatable mechanical arm attached to the mounting bracket, an ultrasonic generator located at an end of the two-degree-of-freedom rotatable mechanical arm, and a transducer positioned at a base of the two-degree-of-freedom rotatable mechanical arm, the ultrasonic generator is electrically connected to the transducer and to the multi-rotor UAV, the ultrasonic generator is in communication with the multi-rotor UAV, and the multi-rotor UAV communicates with a remote control terminal;
the two-degree-of-freedom rotatable mechanical arm comprises a first arm and a second arm, a first end of the first arm is fixedly connected to an accommodation box, wherein the accommodation box houses the ultrasonic mechanism, the accommodation box is slidably mounted on a base platform and has L-shaped sliding plates at both ends of a bottom of the accommodation box, a second end of the first arm is connected to the second arm via a center of gravity angle adjustment component; and an end of the second arm, distal to the center of gravity angle adjustment component, is connected to the transducer via a rotation distance adjustment component; and
a top of the base platform is provided with a T-shaped sliding groove, the bottom of the accommodation box is slidably connected to the T-shaped sliding groove via the L-shaped sliding plates, and a bottom of the base platform is fixed to a landing gear of the multi-rotor UAV via a limiting ring;
wherein the camera mechanism comprises a gimbal, a camera fixed to the gimbal, and a laser rangefinder sensor attached to the camera, a center of camera lens is equipped with crosshairs, wherein the crosshairs comprise a horizontal reference line and a vertical reference line, wherein the horizontal reference line and the vertical reference line are perpendicular to each other;
wherein a processing platform module within the remote control terminal is equipped with a point calibration function and a concrete crack morphology recognition model for extracting crack morphology information based on the captured crack images, the concrete crack morphology recognition model comprises an optimized YOLO model, wherein the optimized YOLO model has been enhanced using OpenCV image processing algorithms and Z-Score threshold detection algorithms, and the optimized YOLO model is built on a Pytorch deep learning framework and utilizes convolutional neural networks (CNNs); wherein the remote control terminal is configured for generating three-dimensional structure of the cracks by integrating the depth information of the concrete cracks with the crack morphology information; and
wherein the crack morphology information comprises crack length, crack width, crack inclination angle, and crack profile.”
Under the Step 1 of the eligibility analysis, we determine whether the claim is directed to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (apparatus for claim 1).
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the bold type portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject matter Eligibility Guidance, it falls into the grouping of subject matter when recited as such in a claim that covers mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations).
In claim 1, the steps identified in bold type are mathematical concepts, therefore, they are considered to be abstract idea.
Next, under the Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application.
In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
The claim comprises the following additional elements:
a multi-rotor unmanned aerial vehicle (UAV), wherein the multi-rotor UAV is equipped with an ultrasonic mechanism for collecting depth information of concrete cracks, and a camera mechanism for marking crack locations; and capturing crack images; the camera mechanism and the ultrasonic mechanism are both mounted at a bottom of the multi-rotor UAV via a mounting bracket, the ultrasonic mechanism comprises a two-degree-of-freedom rotatable mechanical arm attached to the mounting bracket, an ultrasonic generator located at an end of the two-degree-of-freedom rotatable mechanical arm, and a transducer positioned at a base of the two-degree-of-freedom rotatable mechanical arm, the ultrasonic generator is electrically connected to the transducer and to the multi-rotor UAV, the ultrasonic generator is in communication with the multi-rotor UAV, and the multi-rotor UAV communicates with a remote control terminal; the two-degree-of-freedom rotatable mechanical arm comprises a first arm and a second arm, a first end of the first arm is fixedly connected to an accommodation box, wherein the accommodation box houses the ultrasonic mechanism, the accommodation box is slidably mounted on a base platform and has L-shaped sliding plates at both ends of a bottom of the accommodation box, a second end of the first arm is connected to the second arm via a center of gravity angle adjustment component; and an end of the second arm, distal to the center of gravity angle adjustment component, is connected to the transducer via a rotation distance adjustment component; and a top of the base platform is provided with a T-shaped sliding groove, the bottom of the accommodation box is slidably connected to the T-shaped sliding groove via the L-shaped sliding plates, and a bottom of the base platform is fixed to a landing gear of the multi-rotor UAV via a limiting ring; wherein the camera mechanism comprises a gimbal, a camera fixed to the gimbal, and a laser rangefinder sensor attached to the camera, a center of camera lens is equipped with crosshairs, wherein the crosshairs comprise a horizontal reference line and a vertical reference line, wherein the horizontal reference line and the vertical reference line are perpendicular to each other; wherein a processing platform module within the remote control terminal is equipped with a point calibration function and a concrete crack morphology recognition model, the concrete crack morphology recognition model comprises an optimized YOLO model, wherein the optimized YOLO model has been enhanced using OpenCV image processing algorithms and Z-Score threshold detection algorithms, and the optimized YOLO model is built on a Pytorch deep learning framework and utilizes convolutional neural networks (CNNs); wherein the remote control terminal; and wherein the crack morphology information comprises crack length, crack width, crack inclination angle, and crack profile.
The additional elements “an ultrasonic mechanism for collecting depth information of concrete cracks, and a camera mechanism for marking crack locations; and capturing crack images” represent necessary data gathering and do not integrate the limitations into a practical application. The additional elements “a multi-rotor unmanned aerial vehicle (UAV), wherein the multi-rotor UAV is equipped with an ultrasonic mechanism”; “the camera mechanism and the ultrasonic mechanism are both mounted at a bottom of the multi-rotor UAV via a mounting bracket”, “the ultrasonic mechanism comprises a two-degree-of-freedom rotatable mechanical arm attached to the mounting bracket, an ultrasonic generator located at an end of the two-degree-of-freedom rotatable mechanical arm, and a transducer positioned at a base of the two-degree-of-freedom rotatable mechanical arm, the ultrasonic generator is electrically connected to the transducer and to the multi-rotor UAV, the ultrasonic generator is in communication with the multi-rotor UAV, and the multi-rotor UAV communicates with a remote control terminal”; “the two-degree-of-freedom rotatable mechanical arm comprises a first arm and a second arm, a first end of the first arm is fixedly connected to an accommodation box, wherein the accommodation box houses the ultrasonic mechanism, the accommodation box is slidably mounted on a base platform and has L-shaped sliding plates at both ends of a bottom of the accommodation box, a second end of the first arm is connected to the second arm via a center of gravity angle adjustment component; and an end of the second arm, distal to the center of gravity angle adjustment component, is connected to the transducer via a rotation distance adjustment component”; and “a top of the base platform is provided with a T-shaped sliding groove, the bottom of the accommodation box is slidably connected to the T-shaped sliding groove via the L-shaped sliding plates, and a bottom of the base platform is fixed to a landing gear of the multi-rotor UAV via a limiting ring”; “wherein the camera mechanism comprises a gimbal, a camera fixed to the gimbal, and a laser rangefinder sensor attached to the camera, a center of camera lens is equipped with crosshairs, wherein the crosshairs comprise a horizontal reference line and a vertical reference line, wherein the horizontal reference line and the vertical reference line are perpendicular to each other”; “wherein a processing platform module within the remote control terminal is equipped with a point calibration function and a concrete crack morphology recognition model, the concrete crack morphology recognition model comprises an optimized YOLO model, wherein the optimized YOLO model has been enhanced using OpenCV image processing algorithms and Z-Score threshold detection algorithms, and the optimized YOLO model is built on a Pytorch deep learning framework and utilizes convolutional neural networks (CNNs); wherein the remote control terminal”; and “wherein the crack morphology information comprises crack length, crack width, crack inclination angle, and crack profile” are not sufficient to integrate the abstract idea into a practical application because they only add insignificant extra-solution activities to the judicial exception.
In conclusion, the above additional elements, considered individually and in combination with the other claims elements do not reflect an improvement to other technology or technical field, do not reflect improvements to the functioning of the computer itself, do not recite a particular machine, do not effect a transformation or reduction of a particular article to a different state or thing, and, therefore, do not integrate the judicial exception into a practical application. Therefore, the claim is directed to a judicial exception and require further analysis under the Step 2B.
The above claim, does not include additional elements that are sufficient to amount to significantly more than the judicial exception because they are generically recited and are well-understood/conventional in a relevant art as evidenced by the prior art of record (Step 2B analysis).
For example, an ultrasonic mechanism for collecting depth information of concrete cracks, and a camera mechanism for marking crack locations; and capturing crack images are considered necessary data gathering. As recited in MPEP section 2106.05(g), necessary data gathering (i.e., collecting depth information, and capturing image data) is considered extra solution activity in light of Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015).
For example, the ultrasonic generator is in communication with the multi-rotor UAV, and the multi-rotor UAV communicates with a remote control terminal is disclosed by “Wang CN 115932048A”, Page 5, Lines 3-16; Page 6, Lines 21-23; Page 7, Lines 31-34; Page 9, Lines 25-28; and “McDonald US 20240256725”, Abstract, [0016], [0017], [0043].
The claim, therefore, is not patent eligible.
With regards to the dependent claims, claims 2-3, and 5-8 provide additional features/steps which are considered part of an expanded abstract idea of the independent claims, and do not integrate the abstract ideas into a practical application.
The dependent claims are, therefore, also not patent eligible.
Examiner' s Note
Regarding Claims 1-3, and 5-8, the most pertinent prior arts are “Wang CN 115932048A”, “Sumiya JP 4475632B2”, “McDonald US 20240256725”, “Bakhshi WO 2024069215A1”, “Adams US 20220050476”, “Gordon US 20080289423”, “Shuert US 3316802A”, and “Smith US 20200108926” .
As to claims 1, Wang teaches a multi-rotor unmanned aerial vehicle (UAV), wherein the multi-rotor UAV is equipped with an ultrasonic mechanism for collecting depth information of concrete cracks (Wang, FIG. 1, ultrasonic probe 4; Page 4, Lines 1-12); and a camera mechanism for marking crack locations; and capturing crack images (Wang , FIG. 1 and Page 7, Line 29), and
the camera mechanism and the ultrasonic mechanism are both mounted at a bottom of the multi-rotor UAV via a mounting bracket (Wang, FIG. 1), the ultrasonic mechanism comprises a mechanical arm attached to the mounting bracket, an ultrasonic generator located at an end of the mechanical arm (Wang, FIG. 1), the ultrasonic generator is electrically connected to the multi-rotor UAV, the ultrasonic generator is in communication with the multi-rotor UAV, and the multi-rotor UAV communicates with a remote control terminal (Wang, Page 9, Lines 20-28);
wherein the accommodation box houses the ultrasonic mechanism, the accommodation box is mounted on a base platform (Wang, FIG. 1); and
a bottom of the base platform is fixed to a landing gear of the multi-rotor UAV via a limiting ring (Wang, FIG. 1); and
by integrating the depth information of the concrete cracks with the crack morphology information, the airborne detection device generates a structure of the cracks (Wang, Page 8, Lines 29-35).
Sumiya teaches generating three-dimensional structure of the cracks (Sumiya, [0008], [0012]).
Smith teaches wherein the camera mechanism comprises a gimbal, a camera fixed to the gimbal, and a laser rangefinder sensor attached to the camera (Smith, [0045], [0046], [0072]).
Shuert teaches center of camera lens is equipped with crosshairs, wherein the crosshairs comprise a horizontal reference line and a vertical reference line, wherein the horizontal reference line and the vertical reference line are perpendicular to each other (Shuert, Claim 1).
However, the prior arts of record, alone or in combination, do not fairly teach or suggest “the ultrasonic mechanism comprises a two-degree-of-freedom rotatable mechanical arm attached to the mounting bracket, an ultrasonic generator located at an end of the two-degree-of-freedom rotatable mechanical arm, and a transducer positioned at a base of the two-degree-of-freedom rotatable mechanical arm”;
“the two-degree-of-freedom rotatable mechanical arm comprises a first arm and a second arm, a first end of the first arm is fixedly connected to an accommodation box, wherein the accommodation box houses the ultrasonic mechanism, the accommodation box is slidably mounted on a base platform and has L-shaped sliding plates at both ends of a bottom of the accommodation box, a second end of the first arm is connected to the second arm via a center of gravity angle adjustment component, and an end of the second arm, distal to the center of gravity angle adjustment component, is connected to the transducer via a rotation distance adjustment component”; and
“a top of the base platform is provided with a Г-shaped sliding groove, the bottom of the accommodation box is slidably connected to the Г-shaped sliding groove via the L-shaped sliding plates, and a bottom of the base platform is fixed to a landing gear of the multi-rotor UAV via a limiting ring”;
“wherein a processing platform module within the remote control terminal is equipped with a point calibration function and a concrete crack morphology recognition model for extracting crack morphology information based on the captured crack images, the concrete crack morphology recognition model comprises an optimized YOLO model, wherein the optimized YOLO model has been enhanced using OpenCV image processing algorithms and Z-Score threshold detection algorithms, and the optimized YOLO model is built on a Pytorch deep learning framework and utilizes convolutional neural networks (CNNs); wherein the remote control terminal is configured for generating three-dimensional structure of the cracks by integrating the depth information of the concrete cracks with the crack morphology information; and
“wherein the crack morphology information comprises crack length, crack width, crack inclination angle, and crack profile” including all limitations as claimed.
Dependent claims 2-3, and 5-8 are also distinguish over the prior art for at least the same reason as claims 1.
Examiner notes, however, that claims 1-3, and 5-8 are rejected under 35 U.S.C. 101, and therefore, not patent eligible.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/LAL CE MANG/Examiner, Art Unit 2857
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