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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a system configuration module, a data communication module, a flatness calculation module, a data storage module and a data visualization module; in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The a system configuration module, a data communication module, a flatness calculation module, a data storage module and a data visualization module; are considered to be software per “system software comprises a system configuration module, a data communication module, a levelness calculation module, a data storage module and a data visualization module” per page 8 of applicant’s specification and “The levelness calculation module is a core of the application software of the present system” per page 3.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited. For example, there are multiple instances of “can” making it unclear if it is required by the claim. The claim is multiple sentences. It is unclear if “working staff” is being claimed as part of the system, which is not allowed. 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 can calculate 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);”, “the levelness calculation module is a core of the application software of the present system, employed to calculate 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, obtain a calibration plane equation by fitting computation and correction, and further obtain distance deviation values between each of the measuring points and the calibration plane;”, “a working staff can input via a human-computer interface into the at least one PLC corresponding parameters including alignment parameters of sensors;”, “conduct compensation making use of washers and foreign facilities based on the deviation data or make compensation operations by a staff 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, or literal steps being performed by a human.
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;”, “the data communication module is configured to communicate in between 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,”, “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, comprising a system configuration module, a data communication module, a flatness calculation module, a data storage module and a data visualization module; wherein the system configuration module is configured to set software parameters, c comprising measuring cycles and device IPs;”, and “the data storage module is configured for storage and access of initial measuring values and computation results;”, and “the data visualization module is configure to display values of each of the measuring points based on values and results calculated by the levelness calculation module in a form of graphs which facilitates appreciation and observation of the staff;” 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;”, “the data communication module is configured to communicate in between 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,”, “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, comprising a system configuration module, a data communication module, a flatness calculation module, a data storage module and a data visualization module; wherein the system configuration module is configured to set software parameters, c comprising measuring cycles and device IPs;”, and “the data storage module is configured for storage and access of initial measuring values and computation results;”, and “the data visualization module is configure to display values of each of the measuring points based on values and results calculated by the levelness calculation module in a form of graphs which facilitates appreciation and observation of the staff;” are well-understood, routine, conventional computer functions as recognized by the court decisions listed in MPEP § 2106.05(d). 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 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,).
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim 1 rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). This is because the system claim recites “conduct compensation making use of washers and foreign facilities based on the deviation data or make compensation operations by a staff with reference to visualized deviation data” and “a working staff can input via a human-computer interface into the at least one PLC corresponding parameters including alignment parameters of sensors”.
Examiner Note with regards to Prior Art of Record
Claim 1 is distinguished over the prior art of record based on the reasons below.
In claim 1, the claim differs from the closest prior arts of record, CN110197032A, CN111854715A, CN 110195592 A, in that they fail to anticipate or render obvious:
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in combination with all the other limitations in the claim as claimed and defined by the applicant.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J BECKER whose telephone number is (571)431-0689. The examiner can normally be reached M-F 9:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby Turner can be reached at (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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/B.J.B/Examiner, Art Unit 2857
/SHELBY A TURNER/Supervisory Patent Examiner, Art Unit 2857