Prosecution Insights
Last updated: April 19, 2026
Application No. 17/926,658

SCHEDULING SYSTEM, SCHEDULING DEVICE, SCHEDULING METHOD, AND COMPUTER READABLE MEDIUM

Non-Final OA §103
Filed
Nov 21, 2022
Examiner
HULKA, JAMES R
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
NEC Corporation
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
731 granted / 957 resolved
+24.4% vs TC avg
Moderate +12% lift
Without
With
+11.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
37 currently pending
Career history
994
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
50.5%
+10.5% vs TC avg
§102
23.9%
-16.1% vs TC avg
§112
14.0%
-26.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 957 resolved cases

Office Action

§103
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 4-6, 10-12 and 16-18 are amended. Claim 19 is cancelled. Claims 1-18 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, 7, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi (JP 2017/090130) in view of Zhao (US 2021/0358102). Regarding Claims 1 and 7, Taniguchi teaches scheduling system/device comprising: a measurement unit [#20 of Fig 1; 0015] configured to acquire at least brightness data indicating intensity of reflected light of a beam [#80 of Fig 1; 0033] by performing measurement; a scheduler configured to schedule a measurement date on and time at which the measurement unit performs the measurement [0010; 0020-21; 0031-33; 0044-46]; and a measurement data evaluation unit configured to hold in advance reference brightness data [0010; 0020-21; 0031-33; 0044-46], the reference brightness data being the brightness data acquired by the measurement unit in the past when weather was fine [0010; 0020-21; 0031-33; 0044-46]… the scheduler reschedules the measurement date on and time at which the measurement unit performs the measurement [0010; 0020-21; 0031-33; 0044-46]. Taniguchi does not explicitly teach- but Zhao does teach evaluate whether a difference between the brightness data acquired by the measurement unit and the reference brightness data is greater than or equal to a threshold value, wherein when a result of the evaluation by the measurement data evaluation unit indicates that the difference is greater than or equal to the threshold value… the scheduler reschedules the measurement… [0190-0201]. It would have been obvious to modify the system and device of Taniguchi to include evaluating brightness differences and rescheduling the measurement as the computer system may measure the wind speed, wind direction, temperature and the like using, for example, a sensor at the diagnosis date and time, and may correct the route and the photographing setting information considering the measured value, whereby the association and comparison processing can be simplified and the diagnostic accuracy can be improved. Regarding Claim 13, Taniguchi teaches a scheduling method performed by a scheduling device [Fig 1] configured to schedule a measurement date on and time at which a measurement unit performs measurement, the measurement unit [#20 of Fig 1; 0015] being configured to acquire at least brightness data indicating intensity of reflected light of a beam [#80 of Fig 1; 0033] by performing the measurement, the scheduling method comprising: a first step of holding in advance reference brightness data [0010; 0020-21; 0031-33; 0044-46], the reference brightness data being the brightness data acquired by the measurement unit in the past when weather was fine [0010; 0020-21; 0031-33; 0044-46];… and a third step of rescheduling the measurement date on and time at which the measurement unit performs the measurement [0010; 0020-21; 0031-33; 0044-46]. Taniguchi does not explicitly teach – but Zhao does teach … a second step of evaluating whether a difference between the brightness data acquired by the measurement unit and the reference brightness data is greater than or equal to a threshold value …when a result of the evaluation indicates that the difference is greater than or equal to the threshold value [0190-0201]. It would have been obvious to modify the method of Taniguchi to include evaluating brightness differences and rescheduling the measurement as the computer system may measure the wind speed, wind direction, temperature and the like using, for example, a sensor at the diagnosis date and time, and may correct the route and the photographing setting information considering the measured value, whereby the association and comparison processing can be simplified and the diagnostic accuracy can be improved. Regarding Claims 2, 8, and 14, Taniguchi also teaches an installation place management unit configured to hold installation place information indicating an installation place of the measurement unit in advance [0019-21; 0031-33; 0044-46]; and a weather information acquisition unit configured to be able to acquire weather information [0019-21; 0031-33; 0044-46], wherein when the result of the evaluation by the measurement data evaluation unit indicates that the difference is greater than or equal to the threshold value, the scheduler acquires the weather information about an area including the installation place of the measurement unit from the weather information acquisition unit [0019-21; 0031-33; 0044-46], and when weather indicated by the weather information about the area acquired from the weather information acquisition unit is not fine, the scheduler reschedules the measurement date on and time at which the measurement unit performs the measurement [0019-21; 0031-33; 0044-46]. Zhao additionally teaches these limitations in [0190-0201]. Regarding Claims 5, 11, and 17, Taniguchi does not explicitly teach – but Zhao does teach wherein the measurement unit further acquires three-dimensional data indicating a distance to a target and a shape of the target by performing the measurement [0088-90; 0098; 0129], the measurement data evaluation unit extracts the brightness data indicating the intensity of the reflected light reflected by the specific target from the reference brightness data based on the three-dimensional data, the measurement data evaluation unit extracts the brightness data indicating the intensity of the reflected light reflected by the specific target from the brightness data acquired by the measurement unit based on the three-dimensional data [0088-90; 0098; 0129], and the measurement data evaluation unit evaluates whether the difference between the brightness data extracted from the brightness data acquired by the measurement unit and the brightness data extracted from the reference brightness data is greater than or equal to the threshold value [0088-90; 0098; 0129; 0190-0201]. It would have been obvious to modify the system, method and device of Taniguchi to include acquiring 3-D image data to allow a comparison unit to compare the previous and current images of the associated comparison target images and determine a difference therebetween to detect the portion (deteriorated portion) in, for example, a deteriorated, abnormal or changed state - and may correct the route and the photographing setting information, whereby the association and comparison processing can be simplified and the diagnostic accuracy can be improved. Regarding Claims 6, 12 and 18, Taniguchi does not explicitly teach – but Zhao does teach wherein the measurement unit further acquires three-dimensional data indicating a distance to a target and a shape of the target by performing the measurement [0088-90; 0098; 0129; 0190-0201], the measurement data evaluation unit extracts brightness data other than brightness data indicating the intensity of the reflected light reflected by the specific target from the reference brightness data based on the three-dimensional data [0088-90; 0098; 0129; 0190-0201], the measurement data evaluation unit extracts brightness data other than the brightness data indicating the intensity of the reflected light reflected by the specific target from the brightness data acquired by the measurement unit based on the three- dimensional data [0088-90; 0098; 0129; 0190-0201], and the measurement data evaluation unit evaluates whether the difference between the brightness data extracted from the brightness data acquired by the measurement unit and the brightness data extracted from the reference brightness data is greater than or equal to the threshold value [0088-90; 0098; 0129; 0190-0201]. It would have been obvious to modify the system, method and device of Taniguchi to include acquiring 3-D image and distance data to allow a comparison unit to compare the previous and current images of the associated comparison target images and determine a difference therebetween to detect the portion (deteriorated portion) in, for example, a deteriorated, abnormal or changed state - and may correct the route and the photographing setting information, whereby the association and comparison processing can be simplified and the diagnostic accuracy can be improved. Claim(s) 3-4, 9-10, and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi (JP 2017/090130) in view of Zhao (US 2021/0358102), as applied to claims 1, 7, and 13 above, and further in view of Andrews (US 2006/0168592). Regarding Claims 3, 9, and 15, Taniguchi does not explicitly teach – but Andrews does teach a plurality of the measurement units [0019], wherein the installation place management unit holds in advance the installation place information indicating the installation place of each of the plurality of the measurement units [0006; 0019; 0023; 0026; 0029], and when the weather indicated by the weather information about the area acquired from the weather information acquisition unit is not fine, the scheduler identifies all the measurement units installed in the area by referring to the installation place management unit [0006; 0019; 0023; 0026; 0029], and the scheduler reschedules the measurement dates and times when all the measurement units positioned in the area perform the measurement [0006; 0019; 0023; 0026; 0029]. Zhao additionally teaches the scheduler reschedules the measurement dates and times when all the measurement units positioned in the area perform the measurement [0088-90; 0098; 0129; 0190-0201]. It would have been obvious to modify the system, device and method of Taniguchi to include plural sensor units and rescheduling based on weather forecasts as support system advantageously factors in other data like rain, sun, wind, clouds, so that if a delay is anticipated, decision support system checks the availability of each sensor unit for minor schedule changes. Regarding Claims 4, 10, and 16, Taniguchi does not explicitly teach – but Andrews does teach wherein the scheduler schedules the measurement date and time when the measurement unit performs the measurement for inspection when the scheduler reschedules the measurement date on and time at which the measurement unit performs the measurement for inspection [[0006; 0019; 0023; 0026; 0029], the scheduler acquires, based on the weather information about the area acquired from the weather information acquisition unit [0006; 0019; 0023; 0026; 0029], a scheduled date on and time at which the weather in the area is expected to improve, and the scheduler instructs the measurement unit to perform the measurement for checking the weather at the scheduled date and time [0006; 0019; 0023; 0026; 0029]. Taniguchi does not explicitly teach – but Zhao does teach the measurement data evaluation unit evaluates whether the difference between the brightness data acquired by the measurement unit and the reference brightness data has become less than the threshold value [0088-90; 0098; 0129; 0190-0201], and when the result of the evaluation by the measurement data evaluation unit indicates that the difference has become less than the threshold value, the scheduler decides that the measurement unit performs the measurement for inspection on or after a date and time when the difference becomes less than the threshold value [0088-90; 0098; 0129; 0190-0201]. It would have been obvious to modify the system, device and method of Taniguchi to include plural sensor units and rescheduling based on weather forecasts as support system advantageously factors in other data like rain, sun, wind, clouds, so that if a delay is anticipated, decision support system checks the availability of each sensor unit for minor schedule changes. Conclusion 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. 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, Robert Hodge can be reached at 5712722097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. JAMES R. HULKA Primary Examiner Art Unit 3645 /JAMES R HULKA/Primary Examiner, Art Unit 3645
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Prosecution Timeline

Nov 21, 2022
Application Filed
Jan 12, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
88%
With Interview (+11.5%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 957 resolved cases by this examiner. Grant probability derived from career allow rate.

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