DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 17 September 2026 has been entered.
Response to Amendment
Claims 1, 7, 13 are amended.
Claims 2-4, 8-10, 14-16, and 19 are cancelled.
Claims 1, 5-7, 11-13, and 17-18 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, 5-7, 11-13, and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi (JP 2017/090130) in view of Zhao (US 2021/0358102), Andrews (US 2006/0168592), and Carro (US 2008/0311929).
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 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]; a weather information acquisition unit configured to be able to acquire weather information [0019-21; 0031-33; 0044-46], wherein 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].
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. 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.
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]. Andrew 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. 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 Carro teaches the scheduler schedules the … date and time…. When the scheduler reschedules the date and time at which the … unit performs the … inspection, the scheduler acquires, based on the weather information about the area acquired from the weather acquisition unit, a schedule date and time at which the weather in the area is expected to improve and the scheduler instructs the … unit to perform… for checking the weather at a scheduled date and time [0009-12; 0027; 0030-33; 0035] . It would have been obvious to modify the system of Taniguchi to include scheduling priority as the scheduling management system checks the validity (conditions) of each task in order to reschedule the tasks at the new location with the programmed rules and priorities and under optimal conditions.
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 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]; a weather information acquisition unit configured to be able to acquire weather information [0019-21; 0031-33; 0044-46], wherein 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 and time at which the measurement unit performs the measurement [0019-21; 0031-33; 0044-46]. Zhao additionally teaches these limitations in [0190-0201].
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. 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.
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. 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 Carro teaches the scheduler schedules the … date and time…. When the scheduler reschedules the date and time at which the … unit performs the … inspection, the scheduler acquires, based on the weather information about the area acquired from the weather acquisition unit, a schedule date and time at which the weather in the area is expected to improve and the scheduler instructs the … unit to perform… for checking the weather at a scheduled date and time [0009-12; 0027; 0030-33; 0035] . It would have been obvious to modify the system of Taniguchi to include scheduling priority as the scheduling management system checks the validity (conditions) of each task in order to reschedule the tasks at the new location with the programmed rules and priorities and under optimal conditions.
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 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 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.
Response to Arguments
Applicant's arguments filed 17 September 2026 have been fully considered but they are not persuasive.
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 response to applicant’s arguments on Pages 11-12 regarding the teachings of the Taniguchi, Zhao and Andrews, the examiner notes that each reference teaches each of the limitations for which the citations are applied. While the applicant might have a different motivation or intended use of the scheduler than the applied references, the scheduling of performing certain events in a sensor system as a result of weather conditions is common in the art – and further described in added quaternary reference Carro.
Applicant’s remaining arguments with respect to claims 1, 7, and 13 have been considered but are moot because the arguments do not apply to the specific combination of the references being used in the current rejection.
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
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JAMES R. HULKA
Primary Examiner
Art Unit 3645
/JAMES R HULKA/Primary Examiner, Art Unit 3645
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