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 .
Response to Amendment
Claims 1, 7 and 8 are amended.
Claims 2 and 4 are canceled.
Claims 1 and 6-8 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) 1 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Yuji (JP2014137244A) in view of Chiba (US 20200217050 A1).
In claim 1, YUJI discloses a surveying system (see title) for acquiring three-dimensional point cloud data (Par. 17 “point cloud data”), the surveying system including an information processing device (Par. 3 processing device) and a surveying device (Par. 3 “a surface shape measurement device”), the surveying system comprising: a moving object on which the surveying device is mounted (Par. 142 mounted on the automatic posture control device, Par. 126 “three dimensional measurement device 11 is moved to a position”), a scanner unit configured to perform a measurement to acquire the three-dimensional point cloud data on the surveying device (Par. 11 “scans the target structure”), wherein the scanner unit acquires the three-dimensional point cloud data while the moving object is moving or stopped (Par. 142 mounted on the automatic posture control device, Par. 126 “three dimensional measurement device 11 is moved to a position”); a measurement position specifying unit configured to specify a measurement position for which the three-dimensional point cloud data needs to be acquired (Par. 98 “measurement position 112 is set at the presented measurement position”); a position acquisition unit configured to acquire a self-position of the surveying device (Par. 97 “presents a measurement position at which the three dimensional measurement device 11 is installed”); a measurement computing unit configured to perform a computation to measure the measurement position from the self-position (Par. 33-34); a surveying information acquisition unit configured to acquire, from the surveying device, surveying information including the three-dimensional point cloud data associated with position information (Par. 39, 46); an area setting unit configured to set a point cloud amount management area (Par. 114 “range”); a segment setting unit configured to divide the management area into predetermined unit segments (Par. 95 “divides a predetermined space (an evaluation space 100 described below) into blocks 101 based on the measurement data”); a point cloud amount calculation unit configured to calculate a point cloud amount in a space of each of the unit segments (Par. 95 “evaluates the density of the point group data”); a point cloud management unit configured to detect a segment where the point cloud amount is less than a predetermined necessary point cloud amount among the segments of the management area (Par. 102-103 108 “concentration evaluation unit 27 determines whether or not the concentration of the point cloud GData is smaller than the set concentration lower limit value”), wherein, the measurement position specifying unit specifies, as the measurement position, a segment determined by the point cloud management unit as a segment where the point cloud amount is insufficient (Par. 113), wherein the measurement computing unit is configured to compute, from a relationship between a current self-position of the surveying device acquired by the position acquisition unit and the measurement position specified by the measurement position specifying unit (Par. 33-34), how an attitude and a deflection direction of the surveying device are to be changed (Par. 9 “attitude” Par. 27-28 “rotation angle” “an inclination angle” Par. 24), a drive unit configured to change the surveying device attitude based on how the attitude and the deflection direction of the surveying device are to be changed (Par. 141 “motor” “adjust the posture to an initial posture or a set posture”), and wherein based on the computation results of the measurement computing unit, the scanner unit is configured to acquire the three-dimensional point cloud data for the measurement position specified by the measurement position specifying unit (See claim 8 which leads back to claim 1, Par. 94, 117).
YUJI does not explicitly disclose wherein the moving object is a construction machine, wherein the moving object comprises: a work amount sensor for measuring a work amount of the moving object and a working data generation unit configured to generate working data including work position information based on information measured by the work amount sensor; wherein the measurement position specifying unit specifies a position at which a work has been performed in a past as the measurement position, based on the work position information.
Chiba teaches wherein the moving object is a construction machine (See Fig. 1), wherein the moving object comprises: a work amount sensor for measuring a work amount of the moving object (Fig. 13 S4 Par. 36, 92); and a working data generation unit configured to generate working data including work position information based on information measured by the work amount sensor (Par. 36 92), wherein the measurement position specifying unit specifies a position at which a work has been performed in a past as the measurement position, based on the work position information (Fig. 13 S1 S3 S4).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed that wherein the moving object is a construction machine, wherein the moving object comprises: a work amount sensor for measuring a work amount of the moving object and a working data generation unit configured to generate working data including work position information based on information measured by the work amount sensor; wherein the measurement position specifying unit specifies a position at which a work has been performed in a past as the measurement position, based on the work position information as taught by Chiba in Yuji in order to efficiently search for a measurement position of insufficient measurement data (Yuji Par. 128) thus leading to an improved system.
In claim 7, YUJI discloses a surveying system (see title) method for acquiring three-dimensional point cloud data (Par. 17 “point cloud data”) by using an information processing device (Par. 3 processing device) and a surveying device (Par. 3 “a surface shape measurement device”), the surveying method comprising: specifying, by a measurement position specifying unit, a measurement position for which three-dimensional point cloud data needs to be acquired (Par. 98 “measurement position 112 is set at the presented measurement position”); acquiring a self-position of the surveying device by a position acquisition unit of the surveying device (Par. 97 “presents a measurement position at which the three dimensional measurement device 11 is installed”); wherein the surveying device is mounted on a moving object (Par. 142 mounted on the automatic posture control device, Par. 126 “three dimensional measurement device 11 is moved to a position”), performing a computation to measure the measurement position from the self-position by a measurement computing unit (Par. 33-34); and performing a measurement to acquire the three-dimensional point cloud data by a scanner unit (Par. 11 “scans the target structure”); wherein the scanner unit acquires the three-dimensional point cloud data while the moving object is moving or stopped (Par. 142 mounted on the automatic posture control device, Par. 126 “three dimensional measurement device 11 is moved to a position”); acquiring, from the surveying device, surveying information including the three- dimensional point cloud data associated with position information, by a surveying information acquisition unit (Par. 39, 46); setting a point cloud amount management area, by an area setting unit (Par. 114 “range”); dividing the management area into predetermined unit segments, by a segment setting unit (Par. 95 “divides a predetermined space (an evaluation space 100 described below) into blocks 101 based on the measurement data”); calculating a point cloud amount in a space of each of the unit segments, by a point cloud amount calculation unit (Par. 95 “evaluates the density of the point group data”); detecting a segment where the point cloud amount is less than a predetermined necessary point cloud amount among the segments of the management area, by a point cloud management unit (Par. 102-103 108 “concentration evaluation unit 27 determines whether or not the concentration of the point cloud GData is smaller than the set concentration lower limit value”), wherein, the measurement position specifying unit specifies, as the measurement position, a segment determined by the point cloud management unit as a segment where the point cloud amount is insufficient (Par. 113), wherein the measurement computing unit is configured to compute, from a relationship between a current self-position of the surveying device acquired by the position acquisition unit and the measurement position specified by the measurement position specifying unit (Par. 33-34), how an attitude and a deflection direction of the surveying device are to be changed (Par. 9 “attitude” Par. 27-28 “rotation angle” “an inclination angle” Par. 24), wherein, a drive unit is configured to change the surveying device attitude based on how the attitude and the deflection direction of the surveying device are to be changed (Par. 141 “motor” “adjust the posture to an initial posture or a set posture”), and wherein based on the computation results of the measurement computing unit, the scanner unit is configured to acquire the three-dimensional point cloud data for the measurement position specified by the measurement position specifying unit (See claim 8 which leads back to claim 1, Par. 94, 117).
YUJI does not explicitly disclose wherein the moving object is a construction machine measuring a work amount of the moving object with a work amount sensor of the construction machine generating working data including work position information based on the measuring of the work amount senor; wherein the measurement position specifying unit specifies a position at which a work has been performed in a past as the measurement position, based on the work position information.
Chiba teaches wherein the moving object is a construction machine (See Fig. 1) measuring a work amount of the moving object with a work amount sensor (Fig. 13 S4 Par. 36, 92) of the construction machine generating working data including work position information based on the measuring of the work amount senor (Par. 36 92); wherein the measurement position specifying unit specifies a position at which a work has been performed in a past as the measurement position, based on the work position information (Fig. 13 S1 S3 S4).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed that wherein the moving object is a construction machine measuring a work amount of the moving object with a work amount sensor of the construction machine generating working data including work position information based on the measuring of the work amount senor; wherein the measurement position specifying unit specifies a position at which a work has been performed in a past as the measurement position, based on the work position information as taught by Chiba in Yuji in order to efficiently search for a measurement position of insufficient measurement data (Yuji Par. 128) thus leading to an improved system.
In claim 8, YUJI discloses a non-transitory storage medium storing a surveying program for acquiring three-dimensional point cloud data (Par. 38) by using an information processing device (Par. 6) and the surveying device (Par. 3) of claim 7, the storage medium causing a computer to execute the surveying method of claim 7.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yuji in view of Chiba and in further view of HJELMSTAD (US 20160291156 A1).
In claim 6, YUJI and Chiba discloses all of claim 1. Yuji further discloses wherein the surveying device includes: an inertial measurement unit (Par. 29 “gyro”); and a point cloud data generation unit configured to generate the three-dimensional point cloud data from data measured by the scanner unit at a timing of measuring (Par. 3).
Yuji does not explicitly disclose measured by the scanner unit at a timing of measuring a smaller vibration amount than a predetermined value by the inertial measurement unit (Emphasis added).
HJELMSTAD teaches measured by the scanner unit (Fig. 4 401, 403) at a timing of measuring a smaller vibration amount than a predetermined value by the inertial measurement unit (Par. 115, 146 Examiner notes that the angle measurement is corrected using the vibration amount i.e. smaller or bigger vibrations for the measured angle).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have measured by the scanner unit at a timing of measuring a smaller vibration amount than a predetermined value by the inertial measurement unit as taught by HJELMSTAD in combination with Yuji in order to correct the reported angles at which measurements were taken (HJELMSTAD Par. 115) thus leading to a more accurate system.
Response to Arguments
Applicant's arguments filed 09/09/2025 have been fully considered but they are not persuasive. Regarding applicant’s 112(f) arguments, examiner notes that as neither of “If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph” have been made, the interpretation is maintained.
Regarding the 102/103 arguments on pages 7-10, the examiner respectfully disagrees. Foremost, In response to applicant's arguments against the references individually, one cannot show nonobviousness 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 addition while applicant asserts “neither of the "initial posture" nor the "set posture" of the three dimensional measurement device 11 of Yuji are related to where point cloud amount is insufficient” the claims only recite “a segment determined by the point cloud management unit as a segment where the point cloud amount is insufficient” and In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “change an attitude and deflection direction of the surveying device to a measurement position based on where the point cloud amount is insufficient”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In regards to claim 6, again, one cannot show nonobviousness 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). Further Chiba is not cited to disclose “without making any determination as to whether the data is sufficient in a segment or not” and “where the point cloud amount is insufficient” and in response to applicant's arguments against the references individually, one cannot show nonobviousness 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20090031572 A1, Coordinate Measuring Machine For Measuring Structures On A Substrate; US 20150204653 A1, COORDINATE MEASURING METHOD AND COORDINATE MEASURING MACHINE FOR MEASURING SURFACES, COMPRISING AN OPTICAL SENSOR.
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 BRANDON J BECKER whose telephone number is (571)431-0689. The examiner can normally be reached M-F 9:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby Turner can be reached at (571) 272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B.J.B/Examiner, Art Unit 2857
/SHELBY A TURNER/Supervisory Patent Examiner, Art Unit 2857