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 .
This office action is in response to the application, filed on November 30, 2022.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1- 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention
Claim 1 is rejected under 35 U.S.C. 112(b) as being indefinite. The phrase in line 4, “measuring a position coordinate of a reference point in a vertical direction from the target object” and in line 6, “measuring the vertical distance from the reference point to the target object” renders the claim is indefinite because it is unclear how these limitations are being performed in the claim language with respect to the absolute coordinates. The claim fails to clearly include a structural or mechanism how the measurements of the position coordinates and the vertical distances are made, for example a satellite-based positioning system or similar measurement device. For examination purposes, it is assumed that the coordinates are measured by satellite.
Claims 2-5 and 7-11 are rejected under 35 U.S.C. 112(b) as being indefinite for reciting subject matter that depends up on as indefinite base claim 1. Since claim 1 lacks clarity as to its statutory class and the scope of its limitations, claims 2-5 and 7-11 are also unclear. Accordingly, claims 2-5 and 7-11 are rejected due to the dependency on claim 1.
Claim 6 is rejected under 35 U.S.C. 112(b) as being indefinite. The phrase in line 6, “measuring a position coordinate of a reference point in a vertical direction from the target object” and in line 4, “measuring the vertical distance from the reference point to the target object” renders the claim is indefinite because it is unclear how these limitations are being performed in the claim language with respect to the absolute coordinates. The claim fails to clearly include a structural or mechanism how the measurements of the position coordinates and the vertical distances are made, for example a satellite-based positioning system or similar measurement device. For examination purposes, it is assumed that the coordinates are measured by satellite.
Claims 12-20 are rejected under 35 U.S.C. 112(b) as being indefinite for reciting subject matter that depends up on as indefinite base claim 6. Since claim 6 lacks clarity as to its statutory class and the scope of its limitations, claims 12-20 are also unclear. Accordingly, claims 12-20 are rejected due to the dependency on claim 6.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 3, 6, 7, 12, 13, and 16 are rejected under 35 U.S.C. 102 (a) (1) as being unpatentable over Fukuda (JP 2018169347A).
In regards to Claim 1, Fukuda teaches a device ([0003] Refer annotated picture Fig.4 of Fukuda below) for measuring an absolute coordinate of a target object survey near device provided inside an excavation ditch [0004]. The device comprising a processor (device 3, [0019]) configured to execute a method [0020] comprising: measuring a position coordinate of a reference point in a vertical direction and from the target object the device measuring the vertical distance from the reference point to the target object [0052]; and calculating the absolute coordinate of the target object based on the vertical distance and the position coordinate [0009].
PNG
media_image1.png
581
999
media_image1.png
Greyscale
Fukuda Figure 4, the original picture has been annotated and labeled for illustration.
In regards to claim 2, Fukuda teaches the limitations in claim 1. Fukuda further teaches, wherein measuring the position coordinate further includes: receiving, using an antenna facing the zenith direction (zenith direction means the height), radio waves at the reference point [0053], wherein the antenna is associated with a global navigation satellite [0018].
In regards to claim 3, Fukuda teaches the limitations in claim 1. Fukuda further teaches wherein the measuring the vertical distance further includes using an extension mechanism [0010].
In regards to claim 6, Fukuda teaches a computer implemented method for measuring an absolute coordinate of a target object provided inside an excavation ditch [0004], the method comprising: measuring a position coordinate of a reference point in a vertical direction from the target object; measuring the vertical distance from the reference point to the target object ([0052], refer annotated picture Fig.4 of Fukuda below); and calculating the absolute coordinate of the target object based on the vertical distance and the position coordinate [0009].
PNG
media_image2.png
581
999
media_image2.png
Greyscale
Fukuda Figure 4, the original picture has been annotated and labeled for illustration.
In regards to claim 7, Fukuda teaches the limitations in claims 1 and 2. Fukuda further teaches wherein the measuring the vertical distance further includes using an extension mechanism. [0010].
In regards to claim 12, Fukuda teaches the limitations in claim 6 above. Fukuda further teaches, wherein the measuring the position coordinate further includes: receiving, using an antenna facing the zenith direction (zenith direction means the height), radio waves at the reference point [0053], wherein the antenna is associated with a global navigation satellite [0018].
In regards to claim 13, Fukuda teaches the limitations in claim 6 above. Fukuda further teaches, wherein the measuring the vertical distance further includes using an extension mechanism. [0010].
In regards to claim 16, Fukuda teaches the limitations in claim 6 and 12. Fukuda further teaches, wherein the measuring the vertical distance further includes using an extension mechanism. [0010].
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:
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4, 8, 10, 14, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Fukuda (JP 2018169347A) and in view of Barrow (US 20070131418 A1).
In regards to claim 4, Fukuda teaches the limitations in claim 1. However, Fukuda do not disclose wherein the measuring the vertical distance uses a string having a fixed length, the string includes one end connected to the reference point, and the measuring the vertical distance further includes obtaining the fixed length of the string as the vertical distance when the string is placed such that the other end of the string is in contact with the target object. Barrow teaches wherein the measuring the vertical distance (vertical distance means, the height, the distance from reference point to the other end of the string), (Refer annotated picture fig.1 of Barrow below) uses a string (string and wire are interchangeable, each functioning similarly in extending from one end to the other end. Both are flexible and able to adapt to the measurement path.) (18, Refer annotated picture fig.1 of Barrow below) having a fixed length. (The presence of the string within the component indicates that the string defines a fixed length and it extending from reference point to a target object), the string includes one end connected to the reference point (See annotated picture fig.1 of Barrow below) and where in the measuring the vertical distance further includes obtaining the fixed length of the string as the vertical distance when the string is placed such that the other end of the string is in contact with the target ( See annotated picture fig.1 of Barrow below).
PNG
media_image3.png
779
657
media_image3.png
Greyscale
Barrow Fig. 1 the original picture has been annotated and labeled for illustration.
Barrow discloses a method and systems for determining the distance in ditch or borehole using a string-based measurement technique. Hence, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Fukuda with Barrow’s disclosure, which describes a method and apparatus for demining the distance within a ditch or boreholes using an armored string. Incorporating Barrow’s disclosure would allow to develop a mechanically strong, abrasion resistance, string-based surveying device and method.
In regards to claim 8, Fukuda teaches the limitations in claims 1 and 2. However, Fukuda do not disclose wherein the measuring the vertical distance uses a string having a fixed length, the string includes one end connected to the reference point, and the measuring the vertical distance further includes obtaining the fixed length of the string as the vertical distance when the string is placed such that the other end of the string is in contact with the target object.
Barrow teaches wherein the measuring the vertical distance (vertical distance means, the height, the distance from reference point to the target, annotated picture fig.1 of Barrow above) uses a string ([0013], Refer annotated picture fig.1 of Barrow above) having a fixed length. (The presence of the string within the component indicates that the string defines a fixed length and it extending from reference point to a target object), the string includes one end connected to the reference point (See annotated picture fig.1 of Barrow above) and where in the measuring the vertical distance further includes obtaining the fixed length of the string as the vertical distance when the string is placed such that the other end of the string is in contact with the target (See annotated picture fig.1 of Barrow above).
Barrow discloses a method and systems for determining the distance in ditch or borehole using a string-based measurement technique. Hence, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the teaching of Fukuda with Barrow’s, disclosure, which describes a method and apparatus for demining the distance within a ditch or boreholes using an armored string. Incorporating Barrow’s disclosure would allow to develop a mechanically strong, abrasion resistance, string-based surveying device and method.
In regards to claim 10, Fukuda teaches the limitations in claims 1 and 3. However, Fukuda do not disclose wherein the measuring the vertical distance uses a string having a fixed length, the string includes one end connected to the reference point, and the measuring the vertical distance further includes obtaining the fixed length of the string as the vertical distance when the string is placed such that the other end of the string is in contact with the target object.
Barrow teaches wherein the measuring the vertical distance (vertical distance means, the height, the distance from reference point to the target, annotated picture fig.1 of Barrow above) uses a string ([0013], Refer annotated picture fig.1 of Barrow above) having a fixed length. (The presence of the string within the component indicates that the string defines a fixed length and it extending from reference point to a target object), the string includes one end connected to the reference point (See annotated picture fig.1 of Barrow above) and where in the measuring the vertical distance further includes obtaining the fixed length of the string as the vertical distance when the string is placed such that the other end of the string is in contact with the target (See annotated picture fig.1 of Barrow above).
Barrow discloses a method and systems for determining the distance in ditch or borehole using a string-based measurement technique. Hence, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the teaching of Fukuda with Barrow’s, disclosure, which describes a method and apparatus for demining the distance within a ditch or boreholes using an armored string. Incorporating Barrow’s disclosure would allow to develop a mechanically strong, abrasion resistance, string-based surveying device and method.
In regards to claim 14, Fukuda teaches the limitations in claims 6. However, Fukuda do not disclose wherein the measuring the vertical distance uses a string having a fixed length, the string includes one end connected to the reference point, and the measuring the vertical distance further includes obtaining the fixed length of the string as the vertical distance when the string is placed such that the other end of the string is in contact with the target object.
Barrow teaches wherein the measuring the vertical distance (vertical distance means, the height, the distance from reference point to the target, annotated picture fig.1 of Barrow above) uses a string ([0013], Refer annotated picture fig.1 of Barrow above) having a fixed length. (The presence of the string within the component indicates that the string defines a fixed length and it extending from reference point to a target object), the string includes one end connected to the reference point (See annotated picture fig.1 of Barrow above) and where in the measuring the vertical distance further includes obtaining the fixed length of the string as the vertical distance when the string is placed such that the other end of the string is in contact with the target (See annotated picture fig.1 of Barrow above).
Barrow discloses a method and systems for determining the distance in ditch or borehole using a string-based measurement technique. Hence, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the teaching of Fukuda with Barrow’s, disclosure, which describes a method and apparatus for demining the distance within a ditch or boreholes using an armored string. Incorporating Barrow’s disclosure would allow to develop a mechanically strong, abrasion resistance, string-based surveying device and method.
In regards to claim 17, Fukuda teaches the limitations in claims 6 and 12. However, Fukuda do not disclose wherein the measuring the vertical distance uses a string having a fixed length, the string includes one end connected to the reference point, and the measuring the vertical distance further includes obtaining the fixed length of the string as the vertical distance when the string is placed such that the other end of the string is in contact with the target object.
Barrow teaches wherein the measuring the vertical distance (vertical distance means, the height, the distance from reference point to the target, annotated picture fig.1 of Barrow above) uses a string ([0013], Refer annotated picture fig.1 of Barrow above) having a fixed length. (The presence of the string within the component indicates that the string defines a fixed length and it extending from reference point to a target object), the string includes one end connected to the reference point (See annotated picture fig.1 of Barrow above) and where in the measuring the vertical distance further includes obtaining the fixed length of the string as the vertical distance when the string is placed such that the other end of the string is in contact with the target (See annotated picture fig.1 of Barrow above).
Barrow discloses a method and systems for determining the distance in ditch or borehole using a string-based measurement technique. Hence, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the teaching of Fukuda with Barrow’s, disclosure, which describes a method and apparatus for demining the distance within a ditch or boreholes using an armored string. Incorporating Barrow’s disclosure would allow to develop a mechanically strong, abrasion resistance, string-based surveying device and method.
In regards to claim 19, Fukuda teaches the limitations in claims 6 and 13. However, Fukuda do not disclose wherein the measuring the vertical distance uses a string having a fixed length, the string includes one end connected to the reference point, and the measuring the vertical distance further includes obtaining the fixed length of the string as the vertical distance when the string is placed such that the other end of the string is in contact with the target object.
Barrow teaches wherein the measuring the vertical distance (vertical distance means, the height, the distance from reference point to the target, annotated picture fig.1 of Barrow above) uses a string ([0013], Refer annotated picture fig.1 of Barrow above) having a fixed length. (The presence of the string within the component indicates that the string defines a fixed length and it extending from reference point to a target object), the string includes one end connected to the reference point (See annotated picture fig.1 of Barrow above) and where in the measuring the vertical distance further includes obtaining the fixed length of the string as the vertical distance when the string is placed such that the other end of the string is in contact with the target (See annotated picture fig.1 of Barrow above).
Barrow discloses a method and systems for determining the distance in ditch or borehole using a string-based measurement technique. Hence, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the teaching of Fukuda with Barrow’s, disclosure, which describes a method and apparatus for demining the distance within a ditch or boreholes using an armored string. Incorporating Barrow’s disclosure would allow to develop a mechanically strong, abrasion resistance, string-based surveying device and method.
Claims 5, 9, 11, 15, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Fukuda (JP 2018169347A) and in view of Rando (US 4030832 A).
In regards to claim 5, Fukuda teaches the limitations in claim 1. However, Fukuda do not disclose the device includes a distance measurement meter connected to the reference point. Rando discloses the device includes a distance measurement meter connected to the reference point. (Col 1, lines 24-31, see the annotated picture Fig.2 of Rando below).
PNG
media_image4.png
926
687
media_image4.png
Greyscale
Rando Fig. 2, the original figure has been annotated and labeled for illustration.
Rando discloses a device including a meter mounted to indicate the measurement when an operator moves the detector along a guide to a position, the meter displays the measurement in a manner that is visually readable. Hence, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the teaching of Fukuda with Rando’s disclosure in order to construct a measuring surveying device and method that includes a meter configured to accurately indicate the measured distance from the reference point to a target.
In regards to claim 9, Fukuda teaches the limitations in claims 1 and 2. However, Fukuda do not disclose the device includes a distance measurement meter connected to the reference point. Rando discloses the device includes a distance measurement meter connected to the reference point. (Col 1, lines 24-31, see the annotated picture Fig.2 of Rando above).
Rando discloses a device including a meter mounted to indicate the measurement when an operator moves the detector along a guide to a position, the meter displays the measurement in a manner that is visually readable. Hence, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the teaching of Fukuda with Rando’s disclosure in order to construct a measuring surveying device and method that includes a meter configured to accurately indicate the measured distance from the reference point to a target.
In regards to claim 11, Fukuda teaches the limitations in claims 1 and 3. However, Fukuda do not disclose the device includes a distance measurement meter connected to the reference point. Rando discloses the device includes a distance measurement meter connected to the reference point. (Col 1, lines 24-31, see the annotated picture Fig.2 of Rando above).
Rando discloses a device including a meter mounted to indicate the measurement when an operator moves the detector along a guide to a position, the meter displays the measurement in a manner that is visually readable. Hence, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the teaching of Fukuda with Rando’s disclosure in order to construct a measuring surveying device and method that includes a meter configured to accurately indicate the measured distance from the reference point to a target.
In regards to claim 15, Fukuda teaches the limitations in claim 6. However, Fukuda do not disclose the device includes a distance measurement meter connected to the reference point. Rando discloses the device includes a distance measurement meter connected to the reference point. (Col 1, lines 24-31, see the annotated picture Fig.2 of Rando above).
Rando discloses a device including a meter mounted to indicate the measurement when an operator moves the detector along a guide to a position, the meter displays the measurement in a manner that is visually readable. Hence, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the teaching of Fukuda with Rando’s disclosure in order to construct a measuring surveying device and method that includes a meter configured to accurately indicate the measured distance from the reference point to a target.
In regards to claim 18, Fukuda teaches the limitations in claim 6 and 12. However, Fukuda do not disclose the device includes a distance measurement meter connected to the reference point. Rando discloses the device includes a distance measurement meter connected to the reference point. (Col 1, lines 24-31, see the annotated picture Fig.2 of Rando above).
Rando discloses a device including a meter mounted to indicate the measurement when an operator moves the detector along a guide to a position, the meter displays the measurement in a manner that is visually readable. Hence, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the teaching of Fukuda with Rando’s disclosure in order to construct a measuring surveying device and method that includes a meter configured to accurately indicate the measured distance from the reference point to a target.
In regards to claim 20, Fukuda teaches the limitations in claim 6 and 13. However, Fukuda do not disclose the device includes a distance measurement meter connected to the reference point. Rando discloses the device includes a distance measurement meter connected to the reference point. (Col 1, lines 24-31, see the annotated picture Fig.2 of Rando above).
Rando discloses a device including a meter mounted to indicate the measurement when an operator moves the detector along a guide to a position, the meter displays the measurement in a manner that is visually readable. Hence, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the teaching of Fukuda with Rando’s disclosure in order to construct a measuring surveying device and method that includes a meter configured to accurately indicate the measured distance from the reference point to a target.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOHANES M TAFETE whose telephone number is (571)272-3540. The examiner can normally be reached Mon-Friday 8-4:30.
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, Laura Martin can be reached on 571-272-2160. 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.
/YOHANES MELESE TAFETE/ Examiner, Art Unit 2855
/LAURA MARTIN/SPE, Art Unit 2855