DETAILED ACTIONNotice 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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. The abstract of the disclosure is objected to because of the legal phraseology term “means” on line 7.
Claim Objections
Claims 1 – 4 are objected to because of the following informalities: The following lack antecedent basis: In claim 1, line 5, “the initial intelligent concrete”, line 6, “the multi-parametric data”, “the initial intelligent concrete” and “the coupling”, line 7, “the multi-parametric data” and “the initial intelligent concrete”, lines 7 and 8, “the external state and internal health state”, line 8, “the multi-parametric data”, line 10, “the all-domain self-sensing” and “the external state”, lines 10 and 11, “the internal health state”, line 17, “the first association” and “the external state”, line 20, “the second correlation”, line 21, “the internal health states”, line 23, “the external state” and “the real-time multi-parameter”, line 24, “the first correlation”, and “the internal health state”, lines 24 and 25, “the real-time multi-parameter”, line 25, “the second correlation”, line 26, “the external state”, lines 28 and 29, “the internal health state”, line 31, “the first correlation”, “the correlation” and “the all-domain vibration sensing data”, lines 31 and 32, “the all-domain temperature sensing data”, line 32, “the freezing state”, line 34, “the data sampling interval”, line 36, “the second correlation”, line 37, “the internal health states”, line 41, “the multiple internal states”, line 42, “the second correlation” and line 43, “the multiple internal states”. In claim 2, lines 1 and 2, “the first association”, line 2, “the external state” and line 6, “the first correlation”. In claim 3, lines 3 and 4, “the internal health state”. In claim 4, line 4, “the program stored”. Furthermore, in claim 3, lines 3 and 4, it appears that “warning states” should read warning state and “internal health states” should read internal health state. Appropriate corrections are required.
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 - 5 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. Claims 1 and 5 are directed to the abstract idea of a self-sensing method for intelligent concrete comprising steps of obtaining historical all-domain multi-parameter optical fiber sensing data of the intelligent concrete; determining a first association between an external state and sensing data based on the historical all-domain multi-parameter optical fiber sensing data; determining variation trend of the sensing data based on the historical all-domain multi-parameter optical fiber sensing data, determining a second correlation between the internal health states and the variation trend of the sensing data; obtaining real-time multi-parameter optical fiber sensing data of the intelligent concrete, determining an external state based on the real-time multi-parameter optical fiber sensing data and the first correlation, determining an internal health state based on the real-time multi-parameter optical fiber sensing data and the second correlation, obtaining multiple internal states and storing a computer readable program.
The steps of the claims describe the concept of obtaining historical all-domain multi-parameter optical fiber sensing data of the intelligent concrete; determining a first association between an external state and sensing data based on the historical all-domain multi-parameter optical fiber sensing data; determining variation trend of the sensing data based on the historical all-domain multi-parameter optical fiber sensing data, determining a second correlation between the internal health states and the variation trend of the sensing data; obtaining real-time multi-parameter optical fiber sensing data of the intelligent concrete, determining an external state based on the real-time multi-parameter optical fiber sensing data and the first correlation, determining an internal health state based on the real-time multi-parameter optical fiber sensing data and the second correlation, and obtaining multiple internal states using a processor and storing a computer readable program using a computer.
The claim limitations are similar to those previously found by the courts to be abstract such as collecting information, analyzing it, and displaying certain results of the collection and analysis in Electric Power Group, LLC v. Alstom, S.A., 830 F. 3d 1350, 119 USPQ2d 1739 (Fed. Cir. 2016). All of these concepts relate to tracking, organizing or analyzing information. The concepts described in the claims are not meaningfully different than concepts of gathering data found by the courts to be abstract ideas. As such, the descriptions in the claims of obtaining, determining, and storing is an abstract idea. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are generic controller elements claimed to perform their basic functions of obtaining, determining, and storing. The recitation of the controller limitations amounts to mere instructions to implement the abstract idea. Taking the elements both individually and as a combination, the components at each step of the process perform purely generic computer functions. The claims as a whole do not amount to significantly more than the abstract idea itself because they would be routine in any computer implementation.
With respect to Electric Power Group, the courts found that claims drawn to
collecting data, analyzing data, and displaying certain results of the collection and
analysis was an abstract idea. The present invention relates to obtaining historical all-domain multi-parameter optical fiber sensing data, determining a first association between an external state and sensing data, determining variation trend of the sensing data, determining a second correlation between the internal health states and the variation trend of the sensing data; obtaining real-time multi-parameter optical fiber sensing data, determining an external state, determining an internal health state, obtaining multiple internal states and storing a computer readable program. Taking
the courts' opinion in Electric Power Group into consideration in view of the
claimed subject matter of the instant application, simply outputting the results of an
analysis is considered to be abstract. Thus, generic computer components recited as performing generic computer functions that are understood, routine and conventional activities amount to no more than implementing the abstract idea with a computerized system (See Zhang et al., CN117451227, “Concrete frame full-process monitoring method for intelligently sensing pre-fabricated pre-stress”).
Claim Rejections - 35 USC § 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.
8. Claims 1 – 5 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al., CN114575927, hereinafter Wang – See IDS dated 4/14/25) in view of Maraveas et al. (“Sensors for Structural Health Monitoring of Agricultural Structures”, hereinafter Maraveas) and Tang et al. (“Design of icy detection system for highway pavement based on CC2430”, hereinafter Tang – See IDS dated 4/14/25). Regarding claim 1, Wang discloses a method and apparatus comprising a sensing network 1 (See Figs. 1 and 13) including optical fiber vibration sensing cables 11, optical fiber strain sensing cables 12 and temperature sensing cables 13 that are embedded in concrete, a data processing center 2 and an intelligent maintenance service platform 3 for obtaining, determining, and processing concrete data including historical (stored) sensing data, internal states such as material aging, external states such as surface damage of the concrete and variation of the sensing data, and correlations between the sensing data variation trends, the internal and external health states, the historical sensing data, the vibration sensing and the temperature sensing data (See Pg. 2, Paras. 4 – 8, See Pg. 5, Paras. 3 – 8, Pg. 6, Paras. 1 – 8, Pg. 11, Paras. 1 – 6). Wang fails to disclose humidity optical fiber sensing cables.
However, Maraveas discloses an apparatus comprising a self-sensing concrete that is embedded in a concrete microstructure (See Fig. 12) and that detects humidity using humidity sensor structures for signal acquisition, processing, and signal actuation (See Pg. 25, Para. 3.2.8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Wang according to the teachings of Maraveas for the purpose of, advantageously providing an improved device since this type of device accurately monitors the durability of concrete (See Maraveas, Pg. 1, “Introduction”).
Wang and Maraveas fail to disclose that a first correlation includes a freezing state. However, Tang discloses an apparatus comprising detecting pavement ice or freezing surface conditions (See Pg. 63, Para. “c) “Pavement Conductivity Module”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Wang and Maraveas according to the teachings of Tang for the purpose of, advantageously providing an improved device since this type of device improves cost performance, has high detection accuracy and is simplified (See Pg. 64, Para. “V. Conclusion”). Regarding claim 2, in Wang, the historical external state is determined that corresponds to the historical all-domain multi-parameter optical fiber sensing data and the first correlation is based on the historical all-domain multi-parameter optical fiber sensing data and the historical external state (See Pg. 2, Paras. 4 – 8, See Pg. 5, Paras. 3 – 8, Pg. 6, Paras. 1 – 8, Pg. 11, Paras. 1 – 6). Regarding claim 3, in Wang, a determination of whether the internal health state is a warning state is made and when the internal health state is a warning state a warning signal is generated (See Pg. 6, Paras. 11 and 12, Pg. 7, Paras. 1 – 4 and Pg. 9, Paras. 6 – 9).
Regarding claim 4, in Wang, a memory 1302 and a processor 1301 are provided (See Fig. 13).
Regarding claim 5, in Wang, a computer readable program is provided (See Pg. 11, Paras. 1 – 6).
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
10. Zhang et al. (CN117451227) disclose a concrete frame full-process monitoring method for intelligently sensing pre-fabricated pre-stress. Sun et al. (CN218812902) disclose a self-sensing steel pipe concrete sleeper structure suitable for ballastless track. Munoz et al. (20210340963) disclose an ice detection method and system for wind turbine. Guan et al. (CN109974867) disclose a large volume with temperature self-compensating function of concrete wireless automatic temperature measuring device and its application. Chen et al. (CN101526409) disclose an overlarge cable force self-sensing intelligent cable based on fibre strain sensor and measuring method thereof.11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OCTAVIA HOLLINGTON whose telephone number is (571)272-2176. The examiner can normally be reached Monday-Friday 9am-5pm.
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/OCTAVIA HOLLINGTON/Primary Examiner, Art Unit 2855 3/6/26