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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/30/2025 has been entered.
Response to Amendment
Examiner acknowledges the reply filed on 07/30/2025 in which claim 1 has been amended. Claims 2-3 and 10-11 have been cancelled. Currently claims 1, 4, 9, and 12 are pending for examination in this application. As a result of the applicant’s amendment:
The previous 112(b) rejections are withdrawn.
The previous 103 rejections are overcome.
Claim Rejections - 35 USC § 103
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 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ammer et al. (US PGPub No 2019/0064328), hereinafter Ammer, in view of Johansson et al. (US 20220351353 A1), hereinafter Johansson.
Regarding claim 1, Ammer discloses a surveying apparatus (FIG. 1a, laser scanner 1, Paragraph [0098]) comprising:
a distance-measuring unit configured to transmit distance-measuring light and measure a distance to a measurement point by receiving reflected distance-measuring light reflected by a measuring object (FIG. 1a, distance measuring unit 4, Paragraph [0100]);
an angle-measuring unit configured to measure an angle to the measurement point by detecting an angle of the distance-measuring light (FIG. 1a, encoding unit(s), Paragraph [0099]; “distances detected are assigned to angle coordinates which are provided by mentioned encoders (angle sensors),” Paragraph [0101]);
a control arithmetic unit (computer unit, Paragraph [0026]) including
a survey unit configured to acquire three-dimensional coordinates of the measurement point as measurement data (three-dimensional scan, Paragraph [0084]) by performing distance and angle measurements by controlling the distance-measuring unit and the angle-measuring unit (“controlling of measurement process,” Paragraph [0026]),
a projection image generating unit configured to generate a projection image for displaying the measurement data on a surface of the measuring object (FIG. 5, light pattern 9, Paragraphs [0040] and [0041]) by acquiring a three- dimensional shape of the measuring object based on the measurement data (point cloud CAD model, Paragraph [0038]), and
a projection control unit configured to control projection of the projection image onto the measuring object (controlling and processing unit, Paragraph [0030]); and
an image projecting unit including a display element configured to form an image as the projection image (optical [matrix] element, Paragraphs [0077] and [0078]), a light irradiating device configured to cause projection light to enter the display element (laser source, Paragraphs [0077] and [0078]), and a projector lens configured to project the projection image emitted from the display element onto the measuring object (FIG. 2, projector 35, Paragraph [0118]).
wherein the distance-measuring light is pulsed light (laser signals, Paragraph [0101]), and the surveying apparatus is a laser scanner configured to acquire three-dimensional point cloud data of the measuring object by scanning with the distance-measuring light in the vertical direction and the horizontal direction (FIG. 1a, laser scanner 1, base axis A, scanner axis B, Paragraphs [0098] and [0099])
[…].
Ammer fails to disclose:
and after completing scanning, the projection image generating unit calculates a three-dimensional shape of the measuring object based on the measurement data, reads data of the three-dimensional shape by three dimensional computer graphics to obtain a surface of the measuring object, divides the surface into mesh at predetermined intervals, calculates point cloud density based on absolute numbers of point cloud data points in each cell of the mesh, and generates, as the projection image, an image displayed in colors different according to levels of the point cloud density
Johansson, in the field of optical surface scanning for point-cloud generation, teaches:
and after completing scanning ([0120-0122] “According to a second step (S2) of the computer-implemented method of FIG. 6, the acquired first dataset is subsequently converted into a second dataset that is adapted (e.g. has a format suitable) to be used by a virtual or augmented reality device, such as the VR headset, VR glasses, VR helmet or other head-mounted VR device as explained above… Here, the above conversion step, which may also be considered as a post-processing step of the acquired first dataset, may automatically include a check as to whether all required or relevant (e.g. for the purpose of the virtual inspection) datapoints of the inside of mining equipment have actually been acquired.”),
the projection image generating unit calculates a three-dimensional shape of the measuring object based on the measurement data, reads data of the three-dimensional shape by three dimensional computer graphics to obtain a surface of the measuring object ([0120] “According to a second step (S2) of the computer-implemented method of FIG. 6, the acquired first dataset is subsequently converted into a second dataset that is adapted (e.g. has a format suitable) to be used by a virtual or augmented reality device, such as the VR headset, VR glasses, VR helmet or other head-mounted VR device as explained above. The skilled person understands that this conversion mechanism generates a virtual (software-based) geometry dataset to be used by the virtual or augmented reality device so that the user of the virtual or augmented reality device is provided with the impression, i.e. has the visual perception, of looking into or at the interior of the mining equipment. In other words, the wearer of the virtual or augmented reality device is provided with a three-dimensional virtual reality view of the inside of the mining equipment”),
divides the surface into mesh at predetermined intervals, calculates point cloud density based on absolute numbers of point cloud data points in each cell of the mesh ([0061] “Equally, the number of datapoints 540* within an area, i.e. the “datapoint density”, may also be used to indicate whether the dataset 501*, . . . 506* is sufficiently populated, allowing a determination of the region of insufficient data.” The described point-cloud density ‘map’ over the geometrical surface, see [0105] below as well, implies dividing the surface into a mesh or zones to build out a two-dimensionally varying display.), and
generates, as the projection image, an image displayed in colors different according to levels of the point cloud density ([0105] “The (basic) geometry of the mining equipment may be used to indicate a region 550* indicating insufficient data (e.g. the identified region 550*) in order to assure completeness and/or quality of the acquired point-cloud data. Preferably, different shading, contouring, coloring or the like may be used to indicate differences in density of the point-cloud data and/or differences in certainty of the estimated surfaces and/or geometry as visual feedback.”; [0067] “For example, a display may indicate where the region 550* indicating insufficient data is located.”)
In combination with the projection of Ammer, such a display image, which is already mapped to a virtual three-dimensional model could reasonably be projected onto the object.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the surveying & projection apparatus of Ammer with the point density image generation of Johansson to allow the user to quickly identify areas of insufficient point-cloud density (Johansson: [0105]).
Regarding claim 4, Ammer in view of Johansson discloses the surveying apparatus according to Claim 1, and further teaches:
further comprising: a storage unit configured to store design data of the measuring object (Ammer: designed model, Paragraph [0021], storage in laser scanner, Paragraph [0036]), wherein the projection image generating unit generates an image displaying a difference between the design data and the measurement data in a recognizable manner (Ammer: projection “visualized for indication of changes of the object,” Paragraph [0086]).
Claims 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Ammer in view of Johansson, and further in view of Bridges et al. (US PGPub No 2017/0030705), hereinafter Bridges.
Regarding claim 9, Ammer in view of Johansson discloses the surveying apparatus according to claim 1, wherein an instrument center and an origin of coordinates of the projection image match each other (Ammer: projection centre; nodal point, Paragraph [0034]). The combination fails to disclose an apparatus wherein an optical axis of the distance-measuring unit and an optical axis of the image projecting unit are configured to be opposed to each other on a common straight line. However, Bridges teaches a surveying & projection apparatus wherein an optical axis of the distance-measuring unit (FIG. 13, ADM electronics 715; fiber network 420; light beam 982, Paragraph [0098]) and an optical axis of the image projecting unit (FIG. 13, DOF device 4000; return path 986, Paragraphs [0098] and [0099]) are configured to be opposed to each other on a common straight line (FIG. 13, optical fiber 980).
Ammer and Bridges are considered to be analogous to the claimed invention because they both relate to surveying apparatuses with projection display systems that convey information to an operator. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the surveying & projection apparatus of Ammer in view of Johansson by configuring an optical axis of the distance-measuring unit and an optical axis of the image projecting unit to be opposed to each other on a common straight line. Doing so simplifies projection image processing with respect to collected point cloud data, improving the efficiency of the apparatus by reducing coordinate transformations (Ammer: Paragraphs [0109] and [0110]).
Regarding claim 12, Ammer in view of Johansson discloses the surveying apparatus according to claim 4, wherein an instrument center and an origin of coordinates of the projection image match each other (Ammer: projection centre; nodal point, Paragraph [0034]). The combination fails to disclose an apparatus wherein an optical axis of the distance-measuring unit and an optical axis of the image projecting unit are configured to be opposed to each other on a common straight line. However, Bridges teaches a surveying & projection apparatus wherein an optical axis of the distance-measuring unit (FIG. 13, ADM electronics 715; fiber network 420; light beam 982, Paragraph [0098]) and an optical axis of the image projecting unit (FIG. 13, DOF device 4000; return path 986, Paragraphs [0098] and [0099]) are configured to be opposed to each other on a common straight line (FIG. 13, optical fiber 980).
Ammer and Bridges are considered to be analogous to the claimed invention because they both relate to surveying apparatuses with projection display systems that convey information to an operator. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the surveying & projection apparatus of Ammer in view of Johansson by configuring an optical axis of the distance-measuring unit and an optical axis of the image projecting unit to be opposed to each other on a common straight line. Doing so simplifies projection image processing with respect to collected point cloud data, improving the efficiency of the apparatus by reducing coordinate transformations (Ammer: Paragraphs [0109] and [0110]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20190094021-A1 discloses a combination surveying-projection system designed to project information pertinent to and/or based on a surveyed object onto said object.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN C. GRANT whose telephone number is (571)272-0402. The examiner can normally be reached Monday - Friday, 9:30 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuqing Xiao can be reached at (571)270-3603. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN C. GRANT/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645
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