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 Arguments
Applicant's arguments filed 5/14/2026 have been fully considered but they are not persuasive.
The applicant argues one of ordinary skill in the art would not have reason to combine the teachings of Li and Saha since Li teaches cameras mounted to a train for performing train track inspection while the train is in motion while the cameras taught by Saha are fixable mounted to a utility pole (see remarks pg. 7 para. 2 – pg. 8, para. 1). The examiner respectfully disagrees. The process of making a device portable or vice versa (in this case the portable train mounted camera system taught by Li is modified with the fixedly positioned camera system taught by Saha) is not sufficient by itself to patentably distinguish over an otherwise old device unless there are new or unexpected results (see MPEP section 2144.04 V. A.; In re Lindberg, 194 F.2d 732, 93 USPQ 23 (CCPA 1952). In this case, the camera systems of both references are used for train track inspection and the position of mounting does not change the expected outcome for imaging the train track for inspection and diagnosis. Further, the rearrangement of parts of the systems taught by Li and Saha would not modify the operation of the imaging systems (see MPEP 2144.04 VI. C).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3, 4, 10, 11, 13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2019/0039633) in view of Saha et al. (Saha) (US 2018/0098137).
Regarding claim 1, Li discloses an imaging device for a right-of-way based infrastructure (FIG. 1, [0012], images of overhead powerlines and train tracks are captured), the image device comprising:
a first camera (110-1, 110-2) configured to capture images of a the right of way based infrastructure, the first camera being directed toward a first direction ([0012], images of overhead powerlines and train tracks are captured), and
a housing (FIG. 1, cameras are mounted to train 100).
Li further discloses a processing circuit (server system 202) configured to:
receive data from the first camera ([0012], [0025], images of overhead powerlines and tracks are captured);
using a neural network, perform a comparison of a first image captured by the first camera at a first time with a first reference image stored in a library (FIG. 5, step 530, captured images are compared to reference images) of the processing circuit (FIG. 2, reference images are stored at storage 214); and
transmit information of the comparison to a user ([0032], a report of the comparison is transmitted to a hand-held device).
Li is silent about the (imaging) device comprising: a processing circuit configured to: receive data from the first camera; using a neural network, perform a comparison of a first image captured by the first camera at a first time with a first reference image stored in a library of the processing circuit, and a housing fixably mounted on the right of way based infrastructure and housing the first camera and the processing circuit; and wherein the housing is directly mountable on the power line.
Saha from the same or similar field of endeavor discloses the (imaging) device (202) comprising: a processing circuit (202) configured to: receive data from the first camera ([0030], sensor package 202 collects images); using a neural network, perform a comparison of a first image captured by the first camera at a first time ([0008], [0030], machine learning) with a first reference image stored in a library of the processing circuit ([0026], [0033], images are compared to baseline images); and a housing fixably mounted on the right of way based infrastructure (FIG. 1, FIG. 2, [0027], the cameras 114, 202 are mounted to utility poles for imaging overhead and ground structures) and housing the first camera and the processing circuit (FIG. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Saha into the teachings of Li for faster image processing using onboard imaging and processing within the imager itself.
Regarding claim 3, Li discloses wherein the processing circuit is further configured to:
perform a comparison of a second image ([0025], images are captured at 20 frames per second) captured by the first camera (110-1, 110-2) at a second time ([0025], images are captured at 20 frames per second) with the first reference image stored in the library of the processing circuit ([0027], [0036], captured images are compared with corresponding reference images); and
transmit information of the comparison of the second image to a user ([0032], a report of the comparison is transmitted to a hand-held device).
Regarding claim 4, Li discloses wherein the right of way based infrastructure comprises a power line ([0012], [0025], images of overhead powerlines are captured).
Regarding claim 7, Li discloses wherein the second direction is opposite the first direction (FIG. 1, cameras 110-1, 110-2 and 110-3, 110-4 are pointed are opposite directions).
Regarding claim 10, Li discloses a thermal sensor ([0024], thermal camera), wherein the processing circuit is further configured to receive data from the at least one of the infrared sensor or the thermal sensor ([0024], thermal images are captured for comparison).
Regarding claim 11, Li discloses wherein the processing circuit is further configured to, using the neural network, learn a change and adapt the change into the library ([0036], reference images are updated periodically to account for changes).
Regarding claim 13, Li discloses wherein, in an operational mode, the neural network is configured to provide a warning based on the comparison ([0027], a report detailing detected anomalies).
Regarding claim 14, Li discloses wherein, in a learning mode, the neural network is configured to learn a new difference image ([0036], images of the track or powerline in an undamaged condition is captured and stored, [0041], reference images are updated periodically (i.e. a new image is learned and stored)).
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2019/0039633) in view of Saha et al. (Saha) (US 2018/0098137), and further in view of Park (KR 10 20130028253).
Regarding claims 5 and 6, Li providing power to the imaging device ([0012], [0025], images of overhead powerlines and tracks are captured; powered imaging devices are implicit).
Li in view of Saha is silent about a magnetic field harvesting power supply configured to obtain power from the power line to power the imaging device; and a battery that is chargeable by the power obtained by the magnetic field harvesting power supply.
Park from the same or similar field of endeavor discloses a magnetic field harvesting power supply configured to obtain power from the power line to power a sensor (pg. 4, para. 12, the internal battery of a sensor is charged using the magnetic field of the power lines); and a battery that is chargeable by the power obtained by the magnetic field harvesting power supply (pg. 4, para. 12, the internal battery of a sensor is charged using the magnetic field of the power lines).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Park for providing power to a sensor via magnetic field generated by power lines into the teachings of Li in view of Saha in view of Davis for providing long term power to the sensor.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2019/0039633) in view of Saha et al. (Saha) (US 2018/0098137) in view of Davis (US 2014/0176702), and further in view of Manson et al. (Manson) (US 2020/0225274).
Regarding claim 8, Li in view of Saha discloses the imaging device of claim 1 (see claim 1 above).
Li in view of Saha is silent about further comprising at least one of an RF detector or a microphone, wherein the processing circuit is further configured to receive data from the at least one of the RF detector or the microphone.
Manson from the same or similar field of endeavor discloses an RF detector wherein the processing circuit is further configured to receive data from the RF detector ([0010], power line monitoring system which detects RF signals).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Manson into the teachings of Li in view of Saha for determining discharge events and generating an alarm.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2019/0039633) in view of Saha et al. (Saha) (US 2018/0098137) in view of Davis (US 2014/0176702), and further in view of Fried et al. (Fried) (US 2016/0356890).
Regarding claim 9, Li in view of Saha discloses the imaging device of claim 1 (See claim 1 above).
Li in view of Saha is silent about further comprising an ozone detector, wherein the processing circuit is further configured to receive data from the ozone detector.
Fried from the same or similar field of endeavor discloses an ozone detector, wherein the processing circuit is further configured to receive data from the ozone detector ([0050], power line monitoring is performed; [0072], ozone detection and imaging is performed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Fried into the teachings of Li in view of Saha for monitoring environmental pollution due to ozone generated by the power lines.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2019/0039633) in view of Saha et al. (Saha) (US 2018/0098137) in view of Davis (US 2014/0176702), and further in view of Guo (CN 109635430).
Regarding claim 12, Li in view of Saha discloses the imaging device of claim 1 (see claim 1 above).
Li in view of Saha is silent about wherein the neural network comprises a Radial Bases Function neural network.
Guo from the same or similar field of endeavor discloses wherein the neural network comprises a Radial Bases Function neural network (Pg. 2, S2: offline modeling…of the common radial basis function neural network).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Guo into the teachings of Li in view of Saha for more efficient detection of power line faults.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2019/0039633) in view of Saha et al. (Saha) (US 2018/0098137), and further in view of McKay III et al. (McKay) (US 2005/0007452).
Regarding claim 15, Li in view of Saha discloses the imaging device of claim 1 (see claim 1 above) wherein, based on the comparison the neural network learns a change and adapts the change into the library ([0036], reference images are updated periodically to account for changes).
Li in view of Saha is silent about wherein, based on the comparison, if a difference between the first image and the first reference image is greater than a threshold value, then the neural network learns a change and adapts the change into the library.
McKay from the same or similar field of endeavor discloses wherein, based on the comparison, if a difference between the first image and the first reference image is greater than a threshold value, then the neural network learns a change and adapts the change into the library ([0033], if the image comparison value is below a threshold value, the reference image is replaced).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of McKay into the teachings of Li in view of Saha for more having the most up to date reference images which account for changes over time.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2019/0039633) in view of Saha et al. (Saha) (US 2018/0098137), and further in view of Fauconnet (US 2018/0346286).
Regarding claim 16, Li in view of Saha discloses the imaging device of claim 1 (see claim 1 above).
Li in view of Saha is silent about wherein, based on the comparison, if a difference between the first image and the first reference image is greater than a threshold value, then the processing circuit transmits information of detection of debris to a user.
Fauconnet from the same or similar field of endeavor discloses wherein, based on the comparison, if a difference between the first image and the first reference image is greater than a threshold value, then the processing circuit transmits information of detection of debris to a user ([0052], if the image comparison value exceeds a threshold value, a detection of debris is reported).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Guo into the teachings of Li in view of Saha for more efficient detection of power line faults and debris.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2019/0039633) in view of Saha et al. (Saha) (US 2018/0098137), and further in view of Chen (US 2006/0115154).
Regarding claim 17, Li in view of Saha discloses the imaging device of claim 1 (see claim 1 above).
Li in view of Saha is silent about wherein, based on the comparison, if a difference between the first image and the first reference image is greater than a threshold value, then the processing circuit transmits information of detection of an arc or a fire to a user.
Chen from the same or similar field of endeavor discloses wherein, based on the comparison, if a difference between the first image and the first reference image is greater than a threshold value ([0032], images are compared), then the processing circuit transmits information of detection of an arc or a fire to a user ([0008], [0009], [0011], if the image comparison value exceeds a threshold value, a detection of fire is reported).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Chen into the teachings of Li in view of Saha for more efficient detection of power line fires.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2019/0039633) in view of Saha et al. (Saha) (US 2018/0098137), and further in view of Davis (US 2014/0176702).
Regarding claim 20, Li in view of Saha discloses the imaging claim 4 (see claim above).
Li in view of Saha is silent about wherein the housing is directly mountable on the power line.
Davis from the same or similar field of endeavor discloses wherein the housing is directly mountable on the power line (FIG. 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Davis into the teachings of Li in view of Saha for performing constant monitoring of the power line.
Allowable Subject Matter
Claim 2 is allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yang (CN 104 902 223) ([0009]-[0011], [0026], a camera fixedly mounted to a power line performs image processing functions).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFERY A WILLIAMS whose telephone number is (571)270-7579. The examiner can normally be reached M-F 8:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sath Perungavoor can be reached at 571-272-7455. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFERY A WILLIAMS/Primary Examiner, Art Unit 2488
