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 is the first office action on the merits and is responsive to the papers filed 09/08/2022. Claims 1-5 are currently pending and examined below.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statements submitted by Applicant are in compliance with the provision of 37 CFR 1.97, 1.98 and MPEP § 609. They have been placed in the application file and the information referred to therein has been considered as to the merits.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
Claims 1-5 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 12228401 in view of Sueda et al. (JP 2017133981 A) Nagashima et al. (US 20090244277 A1) and Brian Mullins (US 20150188984 A1) (See rejection below).
Regarding Claim 1, a comparison of limitations is shown (the difference is in the bold text).
Instant application 17/940,558
Patent No. 12228401
Claim 1 A survey system comprising:
Claim 1 A survey system comprising:
a target; a pole to which the target is attached;
a target; a pole to which the target is attached;
a surveying instrument including a distance-measuring unit configured to measure a distance to the target, an angle-measuring unit configured to measure a vertical angle and a horizontal angle at which the distance-measuring unit faces, a driving unit configured to drive a vertical angle and a horizontal angle of the distance-measuring unit to set angles, a communication unit, and an arithmetic control unit configured to execute input commands, and capable of making distance and angle measurements of the target;
a surveying instrument including a distance-measuring unit configured to measure a distance to the target, an angle-measuring unit configured to measure a vertical angle and a horizontal angle at which the distance-measuring unit faces, a driving unit configured to drive a vertical angle and a horizontal angle of the distance-measuring unit to set angles, a communication unit, and an arithmetic control unit configured to execute input commands, and capable of making distance and angle measurements of the target;
a controller detachably attached to the pole, including a communication unit and an input unit for inputting commands, and configured to transmit commands to the surveying instrument by communicating with the surveying instrument;
a controller including a communication unit and an input unit for inputting commands, and configured to transmit commands to the surveying instrument by communicating with the surveying instrument;
an eyewear device including a communication unit, a display, a relative position detection sensor configured to detect a position of the device, and a relative direction detection sensor configured to detect a direction of the device;
an eyewear device including a communication unit, a display, a relative position detection sensor configured to detect a position of the device, and a relative direction detection sensor configured to detect a direction of the device;
a storage unit configured to store a measurement point at a survey site;
a storage unit configured to store a measurement point at a survey site;
and an arithmetic processing unit including a synchronous-measuring unit configured to receive information on a position and a direction of the eyewear device and synchronize the information with coordinates of the measurement point,
and an arithmetic processing unit including a synchronous-measuring unit configured to receive information on a position and a direction of the eyewear device and synchronize the information with coordinates of the measurement point, wherein the controller is a glove to be worn on a hand and is provided with the input unit on a fingertip portion,
wherein on the display, the measurement point calculated by the arithmetic processing unit is displayed so as to be superimposed on a landscape of the survey site, and distance and angle measurements by the surveying instrument are made according to a command input from the controller.
and on the display, the measurement point calculated by the arithmetic processing unit is displayed so as to be superimposed on a landscape of the survey site, and distance and angle measurements by the surveying instrument are made according to a command input from the controller.
The difference between 17/940558 and the patent is that the controller detachably attached to the pole and as described in the rejection below, it would have been obvious to one of ordinary skill in the art to configure the controller to be detachably attached to the pole (as taught by Nagashima et al. (US 20090244277 A1 at least in fig. 2)) in order to provide flexibility, allowing the user to input commands while gripping the pole during measurement, and also detach the controller for handheld use, transport, charging, or replacement. Such modularity was well known in surveying systems and represents a routine design choice yielding predictable benefits.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Sueda et al. (JP 2017133981 A) in view of Nagashima et al. (US 20090244277 A1) and Brian Mullins (US 20150188984 A1).
Regarding claim 1, Sueda teaches a survey system (Fig. 1, para 16) comprising:
a target (Fig. 1, para 16 and 20, target 3);
a pole to which the target is attached (Fig. 1, para 20);
a surveying instrument (Fig. 1, para 18, surveying device 2 ) including a distance-measuring unit configured to measure a distance to the target (Para 19, 25), an angle-measuring unit configured to measure a vertical angle and a horizontal angle at which the distance-measuring unit faces, a driving unit configured to drive a vertical angle and a horizontal angle of the distance-measuring unit to set angles, a communication unit (Para 19, 25 “the surveying device 2 transmits the generated surveying information to the surveying information display device 5 via the wireless communication network” ), and an arithmetic control unit configured to execute input commands, and capable of making distance and angle measurements of the target;
a controller (Fig. 1, para 21 and 78, relay device 4 is a smartphone that have a function of guiding a worker to a target point) detachably attached to (the pole), including a communication unit and an input unit for inputting commands, and configured to transmit commands to the surveying instrument by communicating with the surveying instrument (para 21, 78);
an eyewear device (Fig. 2, para 29-30 surveying information display device 5) including a communication unit (Para 29, wireless communication 50), a display (Para 28, display 5B), (a relative position detection sensor configured to detect a position of the device, and a relative direction detection sensor configured to detect a direction of the device);
a storage unit configured to store a measurement point at a survey site (Para 19, 51, 55); and
an arithmetic processing unit including a synchronous-measuring unit (Para 18-19, 25-27,63 it is obvious that the surveying instrument 2 has an arithmetic processing unit to calculates the position coordinate of the target 3 and a synchronous-measuring unit that allows to generate and transmit the surveying information to the surveying information display device 5 via the wireless communication network and the surveying information display device 5 can notify the the surveying instrument 2 when to start surveying a next target point) (configured to receive information on a position and a direction of the eyewear device and synchronize the information with coordinates of the measurement point),
wherein on the display, the measurement point calculated by the arithmetic processing unit is displayed so as to be superimposed on a landscape of the survey site, and distance and angle measurements by the surveying instrument are made according to a command input from the controller (Para 18-19, 21, 77-78).
Sueda fails to explicitly teach but Nagashima teaches a surveying instrument including, an angle-measuring unit configured to measure a vertical angle and a horizontal angle at which the distance-measuring unit faces (Fig. 3, 25 and 27), a driving unit configured to drive a vertical angle and a horizontal angle of the distance-measuring unit to set angles (Fig. 3, 24 and 26) , and an arithmetic control unit configured to execute input commands, and capable of making distance and angle measurements of the target (Fig. 3, para 37; first control arithmetic unit 29);
an eyewear device a controller detachably attached to the pole (Fig. 2, para 29; remote control device 16).
It would have been obvious to one of ordinary skill in the art to include an angle-measuring unit, a vertical/horizontal driving unit, and an arithmetic control unit in the surveying instrument, since such motorized total stations were well known for providing precise automatic aiming and coordinated distance/angle measurement. The modification is a routine design choice to improve automation, accuracy, and usability, producing predictable benefits without any unexpected results and also, configure the controller to be detachably attached to the pole in order to provide flexibility, allowing the user to input commands while gripping the pole during measurement, and also detach the controller for handheld use, transport, charging, or replacement. Such modularity was well known in surveying systems and represents a routine design choice yielding predictable benefits.
Sueda, in view of Nagashima fails to explicitly teach but Mullins teaches an eyewear device including, a relative position detection sensor configured to detect a position of the device, and a relative direction detection sensor configured to detect a direction of the device (Fig. 2, para 37-38).
an arithmetic processing unit including a synchronous-measuring unit configured to receive information on a position and a direction of the eyewear device and synchronize the information with coordinates of the measurement point (Para 31-32, 34. 53 and claims 1-2 disclose receiving external position/orientation of a viewing device and synchronizing with stored coordinates.),
It would have been obvious to one of ordinary skill in the art to modify Sueda, in view of Mullins to include an arithmetic processing unit including a synchronous-measuring unit function for receiving position and direction information of a head-mounted display (eyewear device) and synchronizing it with the coordinate system of a surveying instrument, in order to provide the operator with a real-time and accurate visualization of the measurement point relative to the operator’s viewport.
Thus, the skilled in the art would have been motivated to combine eyewear-based position/orientation sensing with synchronous processing in the survey instrument, because the result predictably improves real-time visualization and reduces operator burden.
Regarding claim 2, Sueda, in view of Nagashima and Mullins teaches the survey system according to Claim 1, wherein the controller includes an attaching portion for attaching to the pole (Nagashima, fig. 2, para 29; fixture 17), and the input unit is a push switch (Nagashima, fig. 2, para 30; an operation button 19), and the push switch is arranged so that a pushing direction is toward the attaching portion (Nagashima, fig.2, para 29-30).
Regarding claim 3, Sueda, in view of Nagashima and Mullins teaches the survey system according to Claim 1, wherein the input unit is arranged to enable a worker to make inputs within a range of motion of at least the worker's thumb and index finger while gripping the pole in a state where the worker supports the pole to which the controller is attached (Nagashima, figs. 2 and 5, para 29 and 46).
Regarding claim 4, Sueda, in view of Nagashima and Mullins teaches the survey system according to Claim 1, wherein the surveying instrument includes a tracking unit configured to automatically track the target, and is configured so that the target is automatically tracked when the target is within a predetermined range from the measurement point, and position information of the target is displayed in real time on the display (Sueda, para 19, 25-26).
Regarding claim 5, Sueda, in view of Nagashima and Mullins teaches the survey system according to Claim 1, wherein the storage unit and the arithmetic processing unit are included in the surveying instrument (Nagashima, Fig. 3 para 36; 28 and 32).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Singer et al. (US 20190094021 A1), teaches surveying instrument, augmented reality (ar)-system and method for referencing an ar-device relative to a reference system
Vern E. Lane (EP 0051913 A1), teaches Remote Control Surveying
Haddick et al. (US 20110227813 A1), teaches augmented reality eyepiece with secondary attached optic for surroundings environment vision correction
Zogg et al. (US 20130162469 A1), teaches geodetic survey system having a camera integrated in a remote-control unit
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/JEMPSON NOEL/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645