DETAILED ACTION
Response to Amendment
Claims 233 and 250 are amended.
Claim 248, 252, and 254 are cancelled.
Claims 233-247, 249-251, 253, and 255-260 are pending.
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.
Claim(s) 233-247, 249-251, 253, and 255-260 is/are rejected under 35 U.S.C. 103 as being unpatentable over Droz (US 2016/0291134), in view of Send (US 2018/0136319) and Pacala (US 2018/0329066).
Regarding Claim 233, Droz teaches a mobile reality capture device configured to be carried and moved by a mobile carrier, particularly a person or a robot or a vehicle, and to be moved during a measuring process for generating a digital representation of an environment [#102 of Fig 1; 0034-42; 0047] , comprising: a localization unit, particularly comprising an inertial measurement unit (IMU), the localization unit being configured for generating localization data for determining a trajectory of the mobile reality capture device [#928 of Fig 9; 0111], a laser scanner configured to carry out, during movement of the mobile reality capture device [Fig 5; 0051; 0064-65; 0071], a scanning movement of a laser measurement beam relative to two rotation axes, and, based thereof, to generate light detection and ranging (LIDAR) data for generating a three- dimensional point cloud [Fig 3A; 0072-76; 0086], a base supporting the laser scanner [Fig 3A; 0072-76], and a cover, particularly a cover which is opaque for visible light, mounted on the base such that the cover and the base encase all moving parts of the laser scanner, such that from the outside no moving parts are touchable [Fig 4A; 0078-82] –a camera unit… the lateral surface defining a standing axis of the mobile reality capture device, namely wherein the lateral surface is circumferentially arranged around the standing axis [0093; 0109; 0114; 0118-19; 0126; 0142-43]; wherein the laser scanner comprises: a support, mounted on the base and being rotatable relative to the base [0038-44; 0050-51; 0064-65; 0071-76; 0086; 0109-0114; 0118-19; 0142-43], and a rotating body for deflecting the outgoing laser measurement beam and returning parts of the laser measurement beam, the rotating body being mounted on the support and being rotatable relative to the support [0038-44; 0050-51; 0064-65; 0071-76; 0086; 0109-0114; 0118-19; 0142-43], wherein the generation of the LIDAR data comprises: a continuous rotation of the support relative to the base and a continuous rotation of the rotating body relative to the support [0041-44; 0050-51; 0064-65; 0071-76; 0086; 0109-0114; 0118-19; 0142-43], and emission of the laser measurement beam via the rotating body, which continuously rotates, and detection of parts of the laser measurement beam returning via the rotating body [Fig 1B; 0041-44; 0050-51; 0063; 0093; 0109-0114; 0118-19; 0142-43]. Droz does not explicitly teach – but Send does teach carried and moved by a person [0015; 0165]. Droz does not explicitly teach – but Pacala does teach a panoramic camera unit arranged on a lateral surface of the mobile reality capture device [0009; 0026; 0035; 0039; 0050; 0097]. Pacala additionally teaches wherein the laser scanner comprises: a support, mounted on the base and being rotatable relative to the base [0009; 0026; 0035; 0039; 0050; 0097], and a rotating body for deflecting the outgoing laser measurement beam and returning parts of the laser measurement beam, the rotating body being mounted on the support and being rotatable relative to the support [0009; 0026; 0035; 0039; 0050; 0097], wherein the generation of the LIDAR data comprises: a continuous rotation of the support relative to the base and a continuous rotation of the rotating body relative to the support [0009; 0026; 0035; 0039; 0050; 0097], and emission of the laser measurement beam via the rotating body, which continuously rotates, and detection of parts of the laser measurement beam returning via the rotating body [0009; 0026; 0035; 0039; 0050; 0097]. It would have been obvious to modify the device of Droz to have it be portable by a person to move easily to a desired environment such as to supply users with a location specific information, such as the current position on a map. It would have been obvious to modify the device of Droz to make a panoramic image as the point of a panoramic image is to be able to create a more complete field of view image by combining smaller individual images together into one.
Regarding Claim 250, Droz teaches a mobile reality capture device configured to be carried and moved by a mobile carrier, particularly a person or a robot or a vehicle, and to be moved during a measuring process for generating a digital representation of an environment [#102 of Fig 1; 0034-42; 0047], comprising: a localization unit, particularly comprising an inertial measurement unit (IMU), the localization unit being configured for generating localization data for determining a trajectory of the mobile reality capture device [#928 of Fig 9; 0111], a laser scanner configured to carry out, during movement of the mobile reality capture device [Fig 5; 0051; 0064-65; 0071], a scanning movement of a laser measurement beam relative to two rotation axes, and, based thereof, to generate light detection and ranging (LIDAR) data for generating a three- dimensional point cloud [Fig 3A; 0072-76; 0086], and a camera unit arranged on a lateral surface of the mobile reality capture device, the lateral surface defining a standing axis of the mobile reality capture device, wherein the lateral surface is circumferentially arranged around the standing axis, wherein the camera unit is configured to provide for image data which cover a visual field of more than 1800 around the standing axis, particularly 3600 [0063; 0093; 0109; 0114; 0118; 0126]; wherein the laser scanner comprises: a support, mounted on the base and being rotatable relative to the base [0038-44; 0050-51; 0064-65; 0071-76; 0086; 0109-0114; 0118-19; 0142-43], and a rotating body for deflecting the outgoing laser measurement beam and returning parts of the laser measurement beam, the rotating body being mounted on the support and being rotatable relative to the support [0038-44; 0050-51; 0064-65; 0071-76; 0086; 0109-0114; 0118-19; 0142-43], wherein the generation of the LIDAR data comprises: a continuous rotation of the support relative to the base and a continuous rotation of the rotating body relative to the support [0041-44; 0050-51; 0064-65; 0071-76; 0086; 0109-0114; 0118-19; 0142-43], and emission of the laser measurement beam via the rotating body, which continuously rotates, and detection of parts of the laser measurement beam returning via the rotating body [Fig 1B; 0041-44; 0050-51; 0063; 0093; 0109-0114; 0118-19; 0142-43]. Droz does not explicitly teach – but Send does teach carried and moved by a person [0015; 0165]. Droz does not explicitly teach – but Pacala does teach cameras circumferentially arranged… to generate from the image data a panoramic image, namely wherein individual images of the multiple cameras are stitched together to form an image having a wider field of view than the individual images [0009; 0026; 0035; 0039; 0050; 0097]. Pacala additionally teaches wherein the laser scanner comprises: a support, mounted on the base and being rotatable relative to the base [0009; 0026; 0035; 0039; 0050; 0097], and a rotating body for deflecting the outgoing laser measurement beam and returning parts of the laser measurement beam, the rotating body being mounted on the support and being rotatable relative to the support [0009; 0026; 0035; 0039; 0050; 0097], wherein the generation of the LIDAR data comprises: a continuous rotation of the support relative to the base and a continuous rotation of the rotating body relative to the support [0009; 0026; 0035; 0039; 0050; 0097], and emission of the laser measurement beam via the rotating body, which continuously rotates, and detection of parts of the laser measurement beam returning via the rotating body [0009; 0026; 0035; 0039; 0050; 0097]. It would have been obvious to modify the device of Droz to have it be portable by a person to move easily to a desired environment such as to supply users with a location specific information, such as the current position on a map. It would have been obvious to modify the device of Droz to make a panoramic image as the point of a panoramic image is to be able to create a more complete field of view image by combining smaller individual images together into one.
Regarding Claim 234, Droz teaches wherein: the localization unit has an inertial measurement unit (IMU) for generating inertial data for the mobile reality capture device, the IM comprising two inertial sensors [#928 of Fig 9; 0109-0112], one of the inertial sensors is mounted on a part of the laser scanner, which rotates during the measuring process, the other one of the inertial sensors is mounted on a part of the laser scanner which is static relative to the base during the measuring process [#928 of Fig 9; 0109-0112], and the localization unit is configured to determine a drift in the inertial data for the mobile reality capture device by comparing data of the two inertial sensors, taking into account a rotation parameter describing the relative rotation between the two inertial sensors [#928 of Fig 9; 0109-0112].
Regarding Claim 235, Droz also teaches wherein the localization unit is configured that the localization data are based on at least part of the LIDAR data, and the mobile reality capture device is configured for carrying out a LIDAR-based localization and mapping algorithm [0042-43; 0050; 0118-19; 0142-43].
Regarding Claim 236, Droz also teaches wherein the panoramic camera unit is configured to provide for image data which cover a visual field of at least 1200 around the standing axis, particularly at least 1800, more particularly 3600 [0042-43; 0050; 0063; 0093; 0109; 0114; 0118-19; 0126; 0142-43]. Pacala additionally teaches this limitation in [0009; 0026; 0035; 0039; 0050; 0097].
Regarding Claim 237, Droz also teaches wherein the mobile reality capture device comprises a localization camera for being used by the localization unit, particularly wherein the localization camera is part of the panoramic camera unit, the localization unit is configured that the localization data are based on image data generated by the localization camera [0118-19].
Regarding Claim 238, Droz also teaches wherein the mobile reality capture device comprises multiple localization cameras for being used by the localization unit, the multiple localization cameras are configured and arranged that, for a nominal minimum operating range of the localization unit, each of the multiple localization cameras has a field of view overlap with at least another one of the multiple localization cameras [0114-18].
Regarding Claim 239, Droz also teaches wherein the mobile reality capture device comprises a color camera configured to capture color images, the mobile reality capture device is configured to provide point cloud data for generating a colored three-dimensional point cloud based on the LIDAR data and the color images [0050; 0063; 0093; 0109; 0114; 0118-19; 0126; 0142-43].
Regarding Claims 240 and 251, Droz also teaches wherein the laser scanner is configured that for generating the LIDAR data the two rotation axes rotate faster than 0.1 Hz, particularly faster than 1 Hz, the LIDAR data are generated with a point acquisition rate of at least … [0044; 0064; 0085-90; 0141-43].
Regarding Claim 241, Droz also teaches wherein the cover provides a field of view of the laser scanner which is larger than half of a unit sphere around the laser scanner [Fig 1D; 4A; 4B; 0052-54; 0078-86].
Regarding Claim 242, Droz also teaches wherein the cover has a hemispherical head part, which merges in the direction of the base in a cylindrical shell, the laser scanner is configured that the LIDAR data are generated based on an orientation of the laser measurement beam where it passes through the hemispherical head part and an orientation of the laser measurement beam where it passes through the cylindrical shell [Fig 1B; 4A; 4B; 0042-44; 0078-86].
Regarding Claim 243, Droz also teaches wherein the cover is made of a material comprising plastic, wherein the cover has an atomic layer deposition (ALD) coating on the outside and on the inside, the ALD coating on the outside and/or the inside is covered by a hard coating [0047].
Regarding Claim 244, Droz also teaches wherein the cover has an anti-reflex (AR) coating on the inside and/or on the outside, and wherein the cover has on the inside and/or on the outside an area, which is free of the AR coating, the AR coating is applied on an inside circumferential band, which covers a limited elevation range [0047].
Regarding Claim 245, Droz also teaches wherein the cover has a hemispherical head part, the hemispherical head part comprises a planar area with a planar surface both on the outside and the inside, wherein the planar area is arranged at zenith [Fig 1B; 0041-44; 0051].
Regarding Claim 246, Droz also teaches wherein the planar area is specifically foreseen for mounting an additional sensor, particularly a global navigation satellite system (GNSS) transceiver, or wherein the planar area is specifically foreseen for providing a zenith LIDAR measurement by the laser scanner [Fig 1B; 0041-44; 0051; 0109-0114].
Regarding Claims 247 and 255, Droz also teaches wherein the localization unit is configured to determine the trajectory with six degrees of freedom, namely involving position and orientation of the mobile reality capture device, the mobile reality capture device is configured for simultaneous localization and mapping (SLAM) to generate a three-dimensional map by involving data of the IMU, image data of the camera unit for visual simultaneous localization and mapping (VSLAM), and LIDAR data for LIDAR based simultaneous localization and mapping (LIDAR-SLAM) [Fig 1B; 0041-44; 0050-51; 0109-0114; 0118-19; 0142-43].
Regarding Claims 249 and 253, Droz also teaches wherein the laser scanner is configured that the continuous rotation of the rotating body relative to the support is faster than the continuous rotation of the support relative to the base, the continuous rotation of the support is at least 0.1 Hz and the continuous rotation of the rotating body is at least 50 Hz [0042-44; 0053-55; 0071; 0087; 0140-43] .
Regarding Claim 256, Droz also teaches wherein the mobile reality capture device is configured to generate a three-dimensional vector file model of the environment, particularly a mesh [0091; 0114; 0118; 0126-28] as this is a common storage format for 3-D images.
Regarding Claim 257, Droz also teaches wherein the mobile reality capture device comprises an attachment unit for attaching an accessory device to the mobile reality capture device, wherein the attachment unit has: a fixing unit with a receptacle, configured to receive a counterpart to the receptacle and to secure the counterpart in the receptacle, particularly in a way which maintains a, particularly predetermined, orientation of the counterpart relative to the receptacle, and a wireless data bus, configured to provide for one or bi-directional data transfer between the accessory device and the mobile reality capture device [0121-130; 0136] as being able to transfer data on request or demand would be able to allow the operator to analyze acquired data separately from the detection device.
Regarding Claim 258, Droz also teaches wherein the fixing unit comprises at least one of a magnet, a part of a hook and loop fastener, a female or male part of a plug-in connection, and a clamp [0036-44; 0076; 0083; 0109] as each of these are common methods to mount a device housing to a vehicle.
Regarding Claim 259, Droz also teaches wherein the attachment unit has an inductive power exchange unit, configured to provide power supply from the mobile reality capture device to an accessory device, which is secured by the fixing unit, and/or from the secured accessory device to the mobile reality capture device [0036-44; 0076; 0083; 0109; 0121-30].
Regarding Claim 260, Droz also teaches wherein the mobile reality capture device comprises a sensing unit, configured to detect an accessory device within reach for wireless data transfer by the wireless data bus, and to activate the wireless data bus for starting the data transfer upon detection of the accessory device within reach, and/or to detect that an accessory device is secured by the fixing unit, and to activate the inductive power exchange unit for starting the power exchange upon detection of the secured accessory device [0036-44; 0071-76; 0083; 0109-18; 0121-30].
Response to Arguments
Applicant's remaining arguments filed 16 January 2026 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show non-obviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to applicant’s arguments on Page 11 regarding amendments to independent claims 233 and 250, the newly added limitations have been addressed using already cited paragraphs in primary reference Droz, and additionally citing tertiary reference Pacala. Rangefinding cameras mounted on supports and rotating bodies or lidar units being used to gather distance or image data and then combined into forming panoramic images or datasets are very common in the art, and clearly taught in the cited paragraphs of primary reference Droz and tertiary reference Pacala, as described in Paragraphs 6 and 7 above. Applicant’s emphasis on the word “continuous” is not persuasive as any rotation across one or more directions in a scan would be “continuous”.
Applicant's remaining arguments amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JAMES R HULKA whose telephone number is (571)270-7553. The examiner can normally be reached M-R: 9am-6pm, F: 10am-2pm.
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JAMES R. HULKA
Primary Examiner
Art Unit 3645
/JAMES R HULKA/Primary Examiner, Art Unit 3645