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 .
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.
Claim 1 is 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.
Claim 1 is rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim(s) are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. Note the format of the claims in the patent(s) cited.
For example, “intersections between a line where the laser light is and the assembly plane of the thrust cylinders are called base points PL, intersections with the end surface to be measured are called measuring points P'” it is unclear what is intersecting in the second instance as all that is described is the end surface but not what intersects with it; the claims introduce Pi (xi yi zi) twice, “the least one laser displacement sensor is fixed at the rear shield of the tunneling shield, therefore, the base points Pi corresponding to the at least one laser displacement sensor” it is unclear of the purpose of “therefore” and how it is limiting. The claims are written narratively and it is not clear how some elements relate/connect to the rest of the claims. The issues are extensive and not limited to these examples, please review and correct the claim.
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 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Under step 1, claim 1 belongs to a statutory category.
Under Step 2A prong 1, the claims as a whole are identified as being directed to a judicial exception as claim 1 recite(s) “the automatic guiding system calculates the spatial coordinates Pi(xi,yi,zi) of the base points Pi and provide axial spatial vectors of the rear shield of the tunneling shield n shield =(xn,yn,zn) and the installation positions of the at least one laser displacement sensor, the coordinates of the base points Pi(xi,y,zi);”, “calculating the spatial coordinates of each of the measuring points based on the distances between the base points to the measuring points, the axial spatial vectors of the rear shield and the coordinates of the base points, obtaining a calibration plane equation by fitting computation and correction, and further obtaining distance deviation values between each of the measuring points and the calibration plane;”, “conducting compensation making use of washers and foreign facilities based on the deviation data or make compensation operations with reference to visualized deviation data;”, and
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which are directed to human activities, mathematical concepts and/or mental processes as they are mathematical calculations as recited in the claims/specifications.
Under Step 2A prong 2, evaluating whether the claim as a whole integrates the exception into a practical application of that exception, the judicial exception is not integrated into a practical application because “A system for automated measurement of levelness of end surface of tunnel ring, comprises at least one laser sensor,”, “wherein at least one laser displacement sensor is installed on an assembly plane of thrust cylinders of the tunneling shield, each of the at least one laser displacement sensor is installed in a gap between the neighboring thrust cylinders, emitting laser light parallel to an axial line of the thrust cylinders, perpendicular to the assembly plane of the thrust cylinders and orienting to the end surface of the tunnel ring to be measured; intersections between a line where the laser light is and the assembly plane of the thrust cylinders are called base points Pi, intersections with the end surface to be measured are called measuring points P'i, and the at least one laser displacement sensor measures in real time intervals between the base points and the measuring points P'; of the end surface of the tunnel ring during excavation; the at least one PLC is connected with the at least one laser displacement sensor,”, “transmit to the at least one PLC;”, “the at least one PLC acquires an analogue quantity corresponding to distances measured by the at least one laser displacement sensor and converts the analogue quantity to a digital quantity; and the at least one PLC is configured to calibrate the distances measured according to installation conditions of the at least one laser displacement sensor;”, “communicating the at least one industrial computer and the at least one PLC so to acquire data including distances li from the base points Pi to the measuring points Pi' of the at least one laser displacement sensor, the axial spatial vectors of the rear shield of the tunneling shield n shield and the coordinates of the base point Pi(xi,y,zi);”, and “provide deviation data to the data storage module and the data visualization module;” are considered to be data gathering steps required to use the correlation do not add a meaningful limitation to the method as they are insignificant extra-solution activity. The elements of “at least one programmable logic controller (PLC), at least one automatic guiding system, at least one industrial computer, and at least one display,”, and “the at least one industrial computer comprises an industrial computer existing in the tunneling shield, the at least one industrial computer comprises an upper computer”, are considered to be generically recited computer elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. The elements of “the at least one automatic guiding system comprises the automatic guiding system available in the tunneling shield, the at least one automatic guiding system is configured to measure spatial vectors of an axial line of a rear shield of the tunneling shield, conduce installation positions of the at least one laser displacement sensor, coordinates of the base points Pi and”, “the at least one automatic guiding system comprises a gesture measuring system inherent in the tunneling shield, in the system, spatial coordinates for a shield head, a hinging portion and a shield tail are present, the least one laser displacement sensor is fixed at the rear shield of the tunneling shield, therefore, the base points Pi corresponding to the at least one laser displacement sensor and relative spatial relationships with the hinging portion and the shield tail of the tunneling shield are fixed; as per the relative spatial relationships,”, and “after levelness compensation and tunnel ring splicing, the tunneling shield will excavate, and the present measurement system will start automatically and start levelness measurement;” are considered to be generally linking the use of a judicial exception to a particular technological environment or field of use.
Under Step 2B, evaluating additional elements to determine whether they amount to an inventive concept both individually and in combination, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because “A system for automated measurement of levelness of end surface of tunnel ring, comprises at least one laser sensor,”, “wherein at least one laser displacement sensor is installed on an assembly plane of thrust cylinders of the tunneling shield, each of the at least one laser displacement sensor is installed in a gap between the neighboring thrust cylinders, emitting laser light parallel to an axial line of the thrust cylinders, perpendicular to the assembly plane of the thrust cylinders and orienting to the end surface of the tunnel ring to be measured; intersections between a line where the laser light is and the assembly plane of the thrust cylinders are called base points Pi, intersections with the end surface to be measured are called measuring points P'i, and the at least one laser displacement sensor measures in real time intervals between the base points and the measuring points P'; of the end surface of the tunnel ring during excavation; the at least one PLC is connected with the at least one laser displacement sensor,”, “transmit to the at least one PLC;”, “the at least one PLC acquires an analogue quantity corresponding to distances measured by the at least one laser displacement sensor and converts the analogue quantity to a digital quantity; and the at least one PLC is configured to calibrate the distances measured according to installation conditions of the at least one laser displacement sensor;”, “communicating the at least one industrial computer and the at least one PLC so to acquire data including distances li from the base points Pi to the measuring points Pi' of the at least one laser displacement sensor, the axial spatial vectors of the rear shield of the tunneling shield n shield and the coordinates of the base point Pi(xi,y,zi);”, and “provide deviation data to the data storage module and the data visualization module;” are considered to be adding insignificant extra-solution activity to the judicial exception per MPEP 2106.05(g) (see examples i. and iv.) and are well-understood, routine, conventional activities/elements previously known to the industry per MPEP 2106.05(d)(II)(see examples i, ii, iv as well as prior art of record cited below). The elements of “at least one programmable logic controller (PLC), at least one automatic guiding system, at least one industrial computer, and at least one display,”, and “the at least one industrial computer comprises an industrial computer existing in the tunneling shield, the at least one industrial computer comprises an upper computer”, are well-understood, routine, conventional computer functions as recognized by the court decisions listed in MPEP § 2106.05(d). The elements of of “the at least one automatic guiding system comprises the automatic guiding system available in the tunneling shield, the at least one automatic guiding system is configured to measure spatial vectors of an axial line of a rear shield of the tunneling shield, conduce installation positions of the at least one laser displacement sensor, coordinates of the base points Pi and”, “the at least one automatic guiding system comprises a gesture measuring system inherent in the tunneling shield, in the system, spatial coordinates for a shield head, a hinging portion and a shield tail are present, the least one laser displacement sensor is fixed at the rear shield of the tunneling shield, therefore, the base points Pi corresponding to the at least one laser displacement sensor and relative spatial relationships with the hinging portion and the shield tail of the tunneling shield are fixed; as per the relative spatial relationships,”, and “after levelness compensation and tunnel ring splicing, the tunneling shield will excavate, and the present measurement system will start automatically and start levelness measurement;” are considered to be merely indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself per MPEP 2106.05(h) and are well-understood, routine, and conventional activities/elements previously known to the industry per MPEP 2106.05(d) (see prior art of record, for example CN110197032A, CN111854715A, CN 110195592 A,).
Response to Arguments
Applicant's arguments filed 05/26/2026 have been fully considered but they are not persuasive. Regarding applicant’s 112(b) arguments, the corrections do not fix the issue as the claims are still in a narrative form and it is not clear how some elements relate/connect to the rest of the claims. The issues are extensive and not limited to the cited examples, please review and correct the claim. Regarding applicant’s 101 argument’s the examiner respectfully disagrees. While applicant cites structural features, said features as claimed merely describe the environment from which the data was obtained, as claim 1 is directed to “A system for automated measurement of levelness of end surface of tunnel ring, comprising at least one laser sensor, at least one programmable logic controller (PLC), at least one automatic guiding system, at least one industrial computer, and at least one display” as claimed, “wherein at least one laser displacement sensor is installed on an assembly plane of thrust cylinders of a tunneling shield, each of the at least one laser displacement sensor is installed in a gap between the neighboring thrust cylinders, emitting laser light parallel to an axial line of the thrust cylinders, perpendicular to the assembly plane of the thrust cylinders and orienting to the end surface of the tunnel ring to be measured; intersections between a line where the laser light is and the assembly plane of the thrust cylinders are called base points PL, intersections with the end surface to be measured are called measuring points P'” (emphasis added to note that as claimed these are different sensors) does not describe additional physical elements of the system, rather it describes the what the data points P represent. Thus they are merely indicating a field of use or technological environment in which to apply a judicial exception. The examiner does note that positively reciting said elements as part of the system would correct this issue. Further the claims make no mention of a “thrust trajectory” nor do they describe calibrating one in real time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20220228486 A1, HYPERGRAVITY MODEL TEST DEVICE AND METHOD FOR SIMULATING PROGRESSIVE FAILURE OF SHIELD TUNNEL FACE; US 5501548 A, Method For Controlling The Direction Of A Shield Tunneling Machine And An Apparatus Therefor; US 5393172 A, Shield Tunneling Machine.
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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/B.J.B/ Examiner, Art Unit 2857
/SHELBY A TURNER/ Supervisory Patent Examiner, Art Unit 2857
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