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 03/27/2026 have been fully considered but they are not persuasive.
Applicant argues prior art does not teach “set[ing] X and Y axes of a local coordinate system based on a direction in which the surveying device is aligned” and generate, based on the reference value and the column-top value, tilt information comprising a tilt amount and a tilt direction in an XY plane of the columnar object with respect to the local coordinate system.”
Examiner respectfully disagrees. Binder (previously cited), teaches “setting coordinates of an imaging condition evaluation region corresponding to the first viewpoint image outputted by the reference optical system" in [0219]. Thus, the coordinates would be based on alignment of survey device as it's dependent on position when first viewpoint image is taken.
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Mitsuhiro (JP 08122071 A)1,) in view of Umezu (JP 2017151013 A), in view of Binder (US 20190154439 A1 further in view of Masashi (JP 2019039247 A)2.
Claim 1: Mitsuhiro teaches tilt analysis system for analyzing a tilt of a columnar object having corners, the tilt analysis system comprising:
a surveying device configured to survey XYZ position coordinates of a position of a survey target device by irradiating the survey target device with surveying light ([0054]),
[…]
A reflector that reflects the surveying light ([0004]);
wherein the surveying device comprises:
an angle measuring unit comprising a horizontal angle detection unit configured to measure a horizontal angle of a collimation direction of the surveying device, and a vertical angle detection unit configured to measure a vertical angle of the collimation direction of the surveying device ([0064] - [0066] - would be obvious that tilt could be in x and y directions);
a distance measuring unit comprising an optical distance meter configured to measure a distance to the survey target device ([0066] - measuring distance to bottom reflector);
and a surveying communication unit configured to transmit, to a portable terminal device, measurement results obtained by the angle measuring unit and the distance measuring unit,
the portable terminal device comprising at least one processor and at least a memory storing instructions that when executed by the at least one processor, cause the at least one processor to: ([0011] - [0012] - finding angles):
acquire from the surveying device as a reference value, a first position obtained by surveying XYZ position coordinates of the survey target device attached at a base of the columnar object ([0066] - finding angle to bottom);
acquire from the surveying device as a column-top value, a second position obtained by surveying XYZ position coordinates of the survey target device attached near the top of the columnar object ([0064] - finding angle to top).
Mitsuhiro does not teach, but Uzemu does teach the survey target device including an attachment portion attachable to corner portion of the columnar object (Fig. 8, reflectors Tb on columns and Fig. 14c and page 13 – corners).
Generate tilt information […]and output to an output unit of the portable terminal device, the tilt information ([0076] – outputting tilt information to loudspeaker).
It would have been obvious to use the corner reflector as taught by Umezu with the survey target device as taught by Mitsuhiro because this allows for the reflector to be attached on two sides, which would make it more secure.
Mitsuhiro, as modified, does not teach, but Binder does teach setting x and y axes of a local coordinate system based on a direction in which the surveying device is aligned ([0219] -setting coordinates based on a first viewpoint image would be based on alignment of survey device as it's dependent on position when first viewpoint image is taken).
It would have been prima facie obvious to someone having ordinary skill in the art before the effective filing date of the claimed invention to use the coordinate system, as taught by Binder, in the system as taught by Mitsuhiro, as modified, because this allows for a known set of coordinates to work from.
Mitsuhiro, as modified, does not teach, but Masashi does teach, tilt information comprising a tilt amount and a tilt direction of the columnar object with respect to the local coordinate system, the tilt direction and the tilt amount being expressed as X-axis and Y-axis components of the local coordinate system (Figs 3 and 4, showing deviation in both x and y directions, and using a similar system of reflectors (Fig. 2)).
It would have been obvious before the effective filing date to use the measurement in the x and y axes, as taught by Masashi, in the system as taught by Mitsuhiro, as modified, because this would allow for better adjustment (in both the x and y directions).
Claim 2: Mitsuhiro, as modified, teaches the tilt analysis system of claim 1, wherein instructions cause at least one processor to calculate
a tilt amount in the tilt direction, and the output unit displays the tilt amount together with the tilt direction (Masashi pg 5-6 of attached PDF, boxed portions and Fig 3A-3C – guide image displays 2D representation of tilt amount and direction).
Claim 3: Mitsuhiro, as modified, teaches the tilt analysis system of claim 2, wherein instructions cause at least one processor to calculate
an acceptable tilt amount based on a height of the columnar object calculated using a reference value and a column top value (Masashi pg 5-6 of attached PDF – allowable range).
Claim 4: Mitsuhiro, as modified, teaches the tilt analysis system of claim 1,
wherein instructions cause at least one processor to calculate
center line information that is a straight line indicating an arrangement of a plurality of columnar objects using the reference value (Mitsuhiro Fig 1, showing columns 6-9 each with reference reflectors 11, 13, 15, and 17 taken with rejection of above claim 1)
and the output unit outputs a position of each of the plurality of columnar objects with respect to a reference value and a center line passing through the columnar object (Masashi Fig 3a-3c, reference position 21).
Claim 5: Mitsuhiro, as modified, teaches the tilt analysis system of claim 1, but not explicitly cause the at least one processor to acquire, as a different-level column top value, a third position obtained by surveying the position of the survey target device attached to a top of a different-level columnar object connected onto a different level, the different level being a first level directly above and different from a level of the columnar object for which the reference value has been acquired, and the at least one processor generates the tilt information including another tilt direction based on the reference value and the different-level column top value, the other tilt direction indicating in which direction the different-level columnar object tilts.
However, Mitsuhiro, as modified, teaches a system which uses two target points to determine tilt (See Claim 1 above). Claim 5 is simply the same system, only with more distance between the reference and column top points (ie: with at least a floor of space between them). This falls under the 103 rational of duplication of parts (MPEP 2144) as duplicating the column top values to enable measurements on different floors does not lead to a new and unexpected result.
Claim 6: Mitsuhiro, as modified, teaches the tilt analysis system of claim 1, but not explicitly wherein the instructions further cause the at least one processor to: acquire, as a different-level column top value, a third position obtained by surveying the position of the survey target device attached to a top of a different-level columnar object connected onto a different level, the different level being a second level directly above and different from a level of the columnar object for which the reference value has been acquired; and acquire, as a new reference value, a column top value of a columnar object connected directly below the columnar object, wherein the at least one processor generates the tilt information including another tilt direction based on the new reference value and the different-level column top value.
However, Mitsuhiro, as modified in view of Masashi and Binder, teaches a system which uses two target points to determine tilt (See Claim 1 above). Claim 5 is simply the same system, only on a different floor of a building. This falls under the 103 rational of duplication of parts (MPEP 2144) as duplicating the column top values to enable measurements on different floors does not lead to a new and unexpected result.
Claim 7: Mitsuhiro, as modified, teaches the tilt analysis system of claim 1, but not explicitly wherein the tilt information includes tilt information on a plurality of columnar objects on a plurality of levels.
However, Mitsuhiro, as modified in view of Masashi and Binder, teaches a system which uses two target points to determine tilt (See Claim 1 above). Claim 5 is simply the same system, only on a different floor of a building. This falls under the 103 rational of duplication of parts (MPEP 2144) as duplicating the column top values to enable measurements on different floors does not lead to a new and unexpected result.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Mitsuhiro (JP 08122071 A)3, in view of Umezu (JP 2017151013 A), further in view of Masashi (JP 2019039247 A)4.
Claim 12: Mitsuhiro teaches a tilt analysis system for analyzing a tilt of a columnar object, the tilt analysis system comprising:
a surveying device configured to survey XYZ position coordinates of a position of a survey target device by irradiating the survey target device with surveying light ([0054]),
[…]
A reflector that reflects the surveying light ([0004]);
wherein the surveying device comprises:
an angle measuring unit comprising a horizontal angle detection unit configured to measure a horizontal angle of a collimation direction of the surveying device, and a vertical angle detection unit configured to measure a vertical angle of the collimation direction of the surveying device ([0064] - [0066] - would be obvious that tilt could be in x and y directions);
a distance measuring unit comprising an optical distance meter configured to measure a distance to the survey target device ([0066] - measuring distance to bottom reflector);
and a surveying communication unit configured to transmit, to a portable terminal device, measurement results obtained by the angle measuring unit and the distance measuring unit, the portable terminal device comprising a terminal processing unit comprising at least one processor and a terminal storage unit, the terminal processing unit being configured, by executing instructions stored in the terminal storage unit, to ([0011]-[0012] - finding angles):
acquire from the surveying device as a reference value, a first position obtained by surveying XYZ position coordinates of the survey target device attached at a base of the columnar object ([0066] - finding angle to bottom);
acquire from the surveying device as a column-top value, a second position obtained by surveying XYZ position coordinates of the survey target device attached near the top of the columnar object ([0064] - finding angle to top),
receive two specified positions, the two specified positions being selected among the acquired positions; set a centerline passing through the two positions; set X and Y axes of a display coordinate system based on the centerline, one axis being set along the centerline and the other axis being set perpendicular to the centerline (Fig. 5, line through points 7 and 8 and line M perpendicular).
Mitsuhiro does not teach, but Uzemu does teach the survey target device including an attachment portion attachable to the columnar object (Fig. 8, reflectors Tb on columns).
Generate tilt information […]and output to an output unit of the portable terminal device, the tilt information ([0076] – outputting tilt information to loudspeaker).
It would have been obvious to use the corner reflector as taught by Umezu with the survey target device as taught by Mitsuhiro because this allows for the reflector to be attached on two sides, which would make it more secure.
Mitsuhiro, as modified, does not teach, but Binder does teach setting x and y axes of a local coordinate system based on a direction in which the surveying device is aligned ([0219] -setting coordinates based on a first viewpoint image would be based on alignment of survey device as it's dependent on position when first viewpoint image is taken).
It would have been prima facie obvious to someone having ordinary skill in the art before the effective filing date of the claimed invention to use the coordinate system, as taught by Binder, in the system as taught by Mitsuhiro, as modified, because this allows for a known set of coordinates to work from.
Mitsuhiro, as modified, does not teach, but Masashi does teach, tilt information comprising a tilt amount and a tilt direction of the columnar object with respect to the local coordinate system, the tilt direction and the tilt amount being expressed as X-axis and Y-axis components of the display coordinate system (Figs 3 and 4, showing deviation in both x and y directions, and using a similar system of reflectors (Fig. 2)).
It would have been obvious before the effective filing date to use the measurement in the x and y axes, as taught by Masashi, in the system as taught by Mitsuhiro, as modified, because this would allow for better adjustment (in both the x and y directions).
Claim 13: Mitsuhiro, as modified, teaches the tilt analysis system of claim 12, wherein the two specified positions are selected from among the first positions (Fig. 5, point 7 bottom of column and point 8 top).
Allowable Subject Matter
Claim 14 allowed.
The following is an examiner’s statement of reasons for allowance:
Claim 14: Mitsuhiro teaches column adjustment method for adjusting a tilt of a columnar object on a construction site, the column adjustment method comprising:
placing a surveying device at any place on the construction site toward an alignment direction, the surveying device comprising an angle measuring unit configured to measure a horizontal angle and a vertical angle of a collimation direction ([0064] - [0066] - would be obvious that tilt could be in x and y directions);
a distance measuring unit configured to measure a distance to a survey target device utilizing surveying light ([0066] - measuring distance to bottom reflector);,
and a surveying communication unit configured to communicate with a portable terminal device, the portable terminal device comprising a terminal processing unit comprising at least one processor and a memory ([0011] - [0012] - finding angles),
the terminal processing unit being configured to instruct the surveying device; attaching a survey target device including a reflector at a base of the columnar object; surveying, by the surveying device under instruction from the portable terminal device, XYZ position coordinates of the first survey target device to acquire a reference value ([0066] - measuring distance to bottom reflector);
attaching a survey target device including a reflector near the top of the columnar object; tracking and surveying, continuously in real time by the surveying device, XYZ position coordinates of the second survey target device to repeatedly acquire a column-top value ([0064] - finding angle to top).
the dynamic tilt information updated in real time; and adjusting, […], a posture of the columnar object […] while simultaneously checking the dynamic tilt information displayed on the output unit of the portable terminal device to obtain feedback on the adjustment ([0076]).
Mitsuhiro does not teach, but Uzemu does teach receiving, by the portable terminal device carried by a single worker, measurement results from the surveying device; generating, continuously in real time by the processor of the portable terminal device, dynamic tilt information based on the reference value and the repeatedly acquired column- top value, the dynamic tilt information […] displaying, on an output unit of the portable terminal device being looked at by the single worker ([0076] – outputting tilt information to loudspeaker).
It would have been obvious to use output, as taught by Uzemu, in the method as taught by Mitsuhiro, because this allows for real-time adjustment to the column, instead of having to wait until after the measurements are completely done.
Mitsuhiro, as modified, does not teach, but Masashi does teach, the dynamic tilt information comprising a tilt direction and a tilt amount of the columnar object in an XY plane (Figs 3 and 4, showing deviation in both x and y directions, and using a similar system of reflectors (Fig. 2)).
It would have been obvious before the effective filing date to use the measurement in the x and y axes, as taught by Masashi, in the system as taught by Mitsuhiro, as modified, because this would allow for better adjustment (in both the x and y directions).
No prior art found teaches the dynamic tilt information updated in real time; and adjusting, by the single worker, a posture of the columnar object by pulling a wire connected to the columnar object while simultaneously checking the dynamic tilt information displayed on the output unit of the portable terminal device to obtain feedback on the adjustment. More specifically, the limitation of “a single worker” was not found in prior art. The closest prior art is US 5772158 A, which teaches an adjustment with a wire (bottom of page 2), and CA 2095761 C, which teaches raising or lowering an antenna in a way that a single person can do (pg. 9-10). However, neither of these teach a single person doing small adjustments.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 CLARA CHILTON whose telephone number is (703)756-1080. The examiner can normally be reached Monday-Friday 6-2 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helal Algahaim can be reached at 571-270-5227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CLARA G CHILTON/ Examiner, Art Unit 3645
/HELAL A ALGAHAIM/ SPE , Art Unit 3645
1 Provided in IDS filed 09/23/2024, with English translation attached to the original foreign patent document.
2 Provided in IDS filed 09/23/2024, with English translation attached to the original foreign patent document. A highlighted version of the English translation is provided with this Office action.
3 Provided in IDS filed 09/23/2024, with English translation attached to the original foreign patent document.
4 Provided in IDS filed 09/23/2024, with English translation attached to the original foreign patent document. A highlighted version of the English translation is provided with this Office action.
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