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
The amendment filed on 09/17/2025 has been entered. Claims 11-14, 16-19 and 21-22 remain pending in this application. Claims 11, 16 and 21 have been amended. Claims 15 and 20 have been cancelled.
Response to Arguments
Applicant’s arguments with respect to independent claim(s) 1, 16 and 21 are moot based because the prior art on record Beth (US20130011019A1) in view of Wang et. al (An integrated method based on DInSAR, MAI and displacement gradient tensor for mapping the 3D coseismic deformation field related to the 2011 Tarlay earthquake (Myanmar)) discloses the amended limitations of claims 1, 16 and 21. See details below.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 11-14, 16-19 and 21-22 are rejected under 35 U.S.C 103 as being unpatentable over Beth (US20130011019A1: Method for Monitoring Movements of Ground) in view of Wang( Xiaowen Wang et. al. An integrated method based on DInSAR, MAI and displacement gradient tensor for mapping the 3D coseismic deformation field related to the 2011 Tarlay earthquake (Myanmar), Remote Sensing of Environment, Volume 170,2015).
Regarding claim 11 Beth teaches: An image generation device, comprising: an acquisition unit that acquires an interference SAR (synthetic aperture radar) image relating to an earth ground surface of a predetermined range and generated based on a plurality of SAR images generated by reflecting radio waves received from a SAR satellite by a reflecting plate disposed at a predetermined point (Figure 1; Figure2; Paragraph [0041] : “[0041] In another advantageous aspect of the invention, at least one of the reference points of the terrain includes at least one electromagnetic wave reflector for pointing towards said radar image-taking device. Here likewise, the reflector serves to improve the visibility of the reference point(s), or even to make visible a reference point having coordinates that are accurately known because, for example, it is known to be situated in a stable zone. It may happen that certain particularly advantageous reference points are nevertheless not naturally visible to the radar image-taking device. It can thus be understood that the invention makes it possible to take advantage of the "qualities" of these reference points by making them visible (or improving their visibility) in the radar images. “; Paragraph [0062]: "The interferometric process corresponds to block S10 in FIG. 1. During this process, use is made of a plurality of radar images 12 of the terrain that is to be surveyed, it being specified that these images are taken by at least one satellite S at different instants. Conventionally, each radar image possesses an amplitude and a phase. Interferometry is based specifically on the phase differences between two radar images taken at two successive instants.") , a bird's-eye view image relating to the earth ground surface (Figure 5 and 6), and ground point data including coordinates of the predetermined point on the earth ground (Claim 1: “A method of surveying movements of a terrain, the method comprising: a step of providing the raw variations of the coordinates of a plurality of survey points situated on the terrain, and the raw variations of the coordinates of at least one reference point situated on the terrain; a step of determining the real variations of the coordinates of said at least one reference point; and a step of calculating corrected variations of the coordinates of the survey points, performed on the basis of the raw variations of the coordinates of the survey points, of the raw variations of the coordinates of said reference point, and of the real variations of the coordinates of said reference point.”) ; and an image generation unit that specifies the predetermined point in the bird's-eye view image based on the ground point data (Figure 5, PS1 ), and generates an integrated image by combining the predetermined point specified in the interference SAR image (Figure 3, 20), the interference SAR image and the bird's-eye view image with a reference of the predetermined point (Figure 4, Paragraph [0082]: "To do this, the reference points are used to correct the raw coordinates of the survey points. The real coordinates of these reference points and their raw coordinates as estimated at the end of the interferometric process S10 are known. A correction is then calculated between the raw coordinates XB(PRj) and the real coordinates XR(PRj) of the reference points, e.g., a shift in translation, and that correction is then applied to the raw coordinates XB(PSi) for all of the survey points, thereby obtaining the corrected coordinates XC(PSi) of the survey points, thus making it possible significantly to improve the accuracy of their positions."),wherein the image generation unit calculates the coordinates of the earth ground surface corresponding to each pixel of the integrated image except for a pixel indicating the predetermined point (Para. [0037]: “In other words, the reference point(s) is/are also used for correcting the coordinates of survey points. Knowing the real coordinates of the reference points and their raw coordinates as estimated in particular by interferometric methods, a correction is applied to all of the survey points, e.g., a shift in translation (suitable for passing from the raw coordinates to the real coordinates of the reference points), as a result of which the corrected coordinates of said survey points are obtained.” [Examiner’s interpretation: The coordinates of reference points are known; therefore, they are not calculated during the estimation of survey points coordinates.]), based on the coordinates of the predetermined point (Para. [0037]: “In other words, the reference point(s) is/are also used for correcting the coordinates of survey points.”), and wherein the integrated image includes information of the coordinates of the earth ground surface corresponding to each pixel of the integrated image (Para [0027]: “Advantageously, the survey method of the invention further includes a representation step of representing said temporal variation. In the meaning of the invention, this representation may be in the form of a data table, graphs, animations, contour lines, or in any other form of representation that enables an operator to become aware of the corrected variation over time of said coordinates”; Para [0079]: “These measurements make it possible to calculate vectors representing the real variations in the coordinates of the reference points.”; Para. [0087]: “[0087] This surface 30 is then optimized by the above-mentioned algorithm by deforming it until it fits as closely as possible to the real variations .DELTA..sub.Rz(PR.sub.j) of the altitudes of the reference points, after which a corrected surface 40 is obtained that is drawn in continuous lines in FIG. 4, providing the corrected variations .DELTA..sub.Cz(PS.sub.i) of the altitudes of the survey points. Without going beyond the ambit of the present invention, it is possible to calculate the real variations of the other two coordinates (x,y) of the survey points.”; Para. [0090]: “By selecting the point PS.sub.1, the user obtains a graph showing the corrected variation of the altitude. DELTA.sub.Cz(PS.sub.1) of the point PS.sub.1 over time. A color code may also be used in order to enable the user to visualize quickly on the map C, which of the survey points present the greatest variations of altitude at the current instant.”; [Examiner’s interpretation: The temporal variation in Beth is the amount of ground movement (altitude change) over a given time period. The final product of Beth’s method is a map (Beth, Figure 6) visualizing movement at all survey points; thus, the map has information on coordinate points]).
Beth does not teach “wherein the plurality of SAR images includes a first SAR image and a second SAR image, wherein the first SAR image is captured before a crustal movement occurs, and wherein the second SAR image is captured after the crustal movement occurs”.
However, Wang in the analogous arts teaches: wherein the plurality of SAR images includes a first SAR image and a second SAR image (Section 4.1: “As shown in Fig. 7, the 2011 Tarlay earthquake was captured by the L-band PALSAR sensor onboard the Japanese ALOS satellite along the ascending and descending orbits shortly before and after the event.”), wherein the first SAR image is captured before a crustal movement occurs, and wherein the second SAR image is captured after the crustal movement occurs (Section 4.1: “As shown in Fig. 7, the 2011 Tarlay earthquake was captured by the L-band PALSAR sensor onboard the Japanese ALOS satellite along the ascending and descending orbits shortly before and after the event. To map the 3D deformation field associated with the event, we will utilize the two ascending PALSAR images (track 486) acquired on February 16 and April 3 of 2011, respectively, and the two descending images (track 126) acquired on February 14 and April 1 of 2011, respectively, thus forming the ascending and descending interferometric pairs. The coverage for both the ascending and descending PALSAR images is indicated in Fig. 7. All the PALSAR images were collected at a radar off-nadir angle of 38.7° in HH polarization and are generated with a pixel spacing of 4.7 m in slant range and 3.2 m in azimuth (i.e., along-track). The heading angles of the ALOS flight direction along the ascending and descending orbits are 349.3° and 190.7°, respectively.”) and wherein the interference SAR image is generated by interfering the first SAR image and the second SAR image (Section 2.1: “Suppose that two interferometric pairs are available over an area affected by an earthquake. One pair of SAR images is acquired along the ascending orbits before and after the event, respectively, while another pair of SAR images is acquired along the descending orbits before and after the event, respectively. The two interferometric pairs can be used to extract the ground displacements. With use of ascending and descending SAR images, several research groups demonstrated that the 3D deformation field could be generated by a linear inversion method based on the DInSAR processing for detecting LOS displacements and the MAI processing for detecting AT displacements (Hu et al., 2014, Jung et al., 2011, Wang et al., 2014a). For better understanding, we will shortly brief the primary procedures of the linear inversion method.”)
It would have been obvious to someone in the art prior to the effective filing date of the claimed invention to modify Beth with Wang to incorporate the feature of: wherein the plurality of SAR images includes a first SAR image and a second SAR image, wherein the first SAR image is captured before a crustal movement occurs, and wherein the second SAR image is captured after the crustal movement occurs. Beth and Wang are all considered analogous arts as they all disclose the use of radar technology to map ground deformation. However, Beth fails to disclose a feature of using two radar data sets to quantify ground deformation. This feature is disclosed by Wang. It would have been obvious to someone in the art prior to the effective filling date of the claimed invention to modify Beth with Wang to incorporate the feature of: wherein the plurality of SAR images includes a first SAR image and a second SAR image, wherein the first SAR image is captured before a crustal movement occurs, and wherein the second SAR image is captured after the crustal movement occurs. Such a feature would increase the reliability and efficiency of the system because two-pass InSAR avoids the error prone phase unwrapping for topographic correction.
Claim 21 recites limitations that are similar to those of claim 11, therefore claim 21 is rejected under the same rationale.
Regarding claim 12 the combination of Beth and Wang discloses all the limitations of claim 11. Beth further teaches: wherein the bird's-eye view image is an aerial photographic image (Figure 5 and 6)
Regarding claim 13 the combination of Beth and Wang discloses all the limitations of claim 11. Beth further teaches: wherein the bird's-eye view image is a three-dimensional map image or a two-dimensional map image (Figure 5 and 6).
Regarding claim 14 the combination of Beth and Wang discloses all the limitations of claim 11. Beth further teaches: wherein the predetermined point in the interference SAR image is specified based on brightness (Detailed Description: "In an advantageous aspect of the invention, some of the reference points PRk are fitted with respective radar wave reflectors 20, as shown in FIG. 2, if their natural electromagnetic wave reflectivities are not sufficient for those points to appear clearly in the radar images 12 taken by the satellite S. Each reflector 20 is aligned with the sighting axis A of the satellite S, as shown diagrammatically in FIG. 3."; Figure 2)
Regarding claim 16 Beth teaches: An image generation device, comprising: an acquisition unit that acquires an interference SAR (synthetic aperture radar) image relating to an earth ground surface of a predetermined range and generated based on a plurality of SAR images generated by reflecting radio waves received from a SAR satellite by a reflecting plate disposed at a predetermined point (Figure 1; Figure2; Paragraph [0041] : “[0041] In another advantageous aspect of the invention, at least one of the reference points of the terrain includes at least one electromagnetic wave reflector for pointing towards said radar image-taking device. Here likewise, the reflector serves to improve the visibility of the reference point(s), or even to make visible a reference point having coordinates that are accurately known because, for example, it is known to be situated in a stable zone. It may happen that certain particularly advantageous reference points are nevertheless not naturally visible to the radar image-taking device. It can thus be understood that the invention makes it possible to take advantage of the "qualities" of these reference points by making them visible (or improving their visibility) in the radar images. “; Paragraph [0062]: "The interferometric process corresponds to block S10 in FIG. 1. During this process, use is made of a plurality of radar images 12 of the terrain that is to be surveyed, it being specified that these images are taken by at least one satellite S at different instants. Conventionally, each radar image possesses an amplitude and a phase. Interferometry is based specifically on the phase differences between two radar images taken at two successive instants."), and a bird's-eye view image relating to the earth ground surface (Figure 5 and 6) , wherein the reflecting plate has a mark; and an image generation unit that specifies the predetermined point in the bird's-eye view image based on the mark (Figure 5, PS1 ), and generates an integrated image by combining the predetermined point specified in the interference SAR image (Figure 3, 20) , the interference SAR image and the bird's-eye view image with a reference of the predetermined point (Figure 4, Paragraph [0082]: "To do this, the reference points are used to correct the raw coordinates of the survey points. The real coordinates of these reference points and their raw coordinates as estimated at the end of the interferometric process S10 are known. A correction is then calculated between the raw coordinates XB(PRj) and the real coordinates XR(PRj) of the reference points, e.g., a shift in translation, and that correction is then applied to the raw coordinates XB(PSi) for all of the survey points, thereby obtaining the corrected coordinates XC(PSi) of the survey points, thus making it possible significantly to improve the accuracy of their positions."), wherein the image generation unit calculates the coordinates of the earth ground surface corresponding to each pixel of the integrated image except for a pixel indicating the predetermined point (Para. [0037]: “In other words, the reference point(s) is/are also used for correcting the coordinates of survey points. Knowing the real coordinates of the reference points and their raw coordinates as estimated in particular by interferometric methods, a correction is applied to all of the survey points, e.g., a shift in translation (suitable for passing from the raw coordinates to the real coordinates of the reference points), as a result of which the corrected coordinates of said survey points are obtained.” [Examiner’s interpretation: The coordinates of reference points are known; therefore, they are not calculated during the estimation of survey points coordinates.]), based on the coordinates of the predetermined point (Para. [0037]: “In other words, the reference point(s) is/are also used for correcting the coordinates of survey points.”), and wherein the integrated image includes information of the coordinates of the earth ground surface corresponding to each pixel of the integrated image (Para [0027]: “Advantageously, the survey method of the invention further includes a representation step of representing said temporal variation. In the meaning of the invention, this representation may be in the form of a data table, graphs, animations, contour lines, or in any other form of representation that enables an operator to become aware of the corrected variation over time of said coordinates”; Para [0079]: “These measurements make it possible to calculate vectors representing the real variations in the coordinates of the reference points.”; Para. [0087]: “[0087] This surface 30 is then optimized by the above-mentioned algorithm by deforming it until it fits as closely as possible to the real variations .DELTA..sub.Rz(PR.sub.j) of the altitudes of the reference points, after which a corrected surface 40 is obtained that is drawn in continuous lines in FIG. 4, providing the corrected variations .DELTA..sub.Cz(PS.sub.i) of the altitudes of the survey points. Without going beyond the ambit of the present invention, it is possible to calculate the real variations of the other two coordinates (x,y) of the survey points.”; Para. [0090]: “By selecting the point PS.sub.1, the user obtains a graph showing the corrected variation of the altitude. DELTA.sub.Cz(PS.sub.1) of the point PS.sub.1 over time. A color code may also be used in order to enable the user to visualize quickly on the map C, which of the survey points present the greatest variations of altitude at the current instant.”; [Examiner’s interpretation: The temporal variation in Beth is the amount of ground movement (altitude change) over a given time period. The final product of Beth’s method is a map (Beth, Figure 6) visualizing movement at all survey points; thus, the map has information on coordinate points])
Beth does not teach “wherein the plurality of SAR images includes a first SAR image and a second SAR image, wherein the first SAR image is captured before a crustal movement occurs, and wherein the second SAR image is captured after the crustal movement occurs”.
However, Wang in the analogous arts teaches: wherein the plurality of SAR images includes a first SAR image and a second SAR image
(Section 4.1: “As shown in Fig. 7, the 2011 Tarlay earthquake was captured by the L-band PALSAR sensor onboard the Japanese ALOS satellite along the ascending and descending orbits shortly before and after the event.”), wherein the first SAR image is captured before a crustal movement occurs, and wherein the second SAR image is captured after the crustal movement occurs (Section 4.1: “As shown in Fig. 7, the 2011 Tarlay earthquake was captured by the L-band PALSAR sensor onboard the Japanese ALOS satellite along the ascending and descending orbits shortly before and after the event. To map the 3D deformation field associated with the event, we will utilize the two ascending PALSAR images (track 486) acquired on February 16 and April 3 of 2011, respectively, and the two descending images (track 126) acquired on February 14 and April 1 of 2011, respectively, thus forming the ascending and descending interferometric pairs. The coverage for both the ascending and descending PALSAR images is indicated in Fig. 7. All the PALSAR images were collected at a radar off-nadir angle of 38.7° in HH polarization and are generated with a pixel spacing of 4.7 m in slant range and 3.2 m in azimuth (i.e., along-track). The heading angles of the ALOS flight direction along the ascending and descending orbits are 349.3° and 190.7°, respectively.”) and wherein the interference SAR image is generated by interfering the first SAR image and the second SAR image (Section 2.1: “Suppose that two interferometric pairs are available over an area affected by an earthquake. One pair of SAR images is acquired along the ascending orbits before and after the event, respectively, while another pair of SAR images is acquired along the descending orbits before and after the event, respectively. The two interferometric pairs can be used to extract the ground displacements. With use of ascending and descending SAR images, several research groups demonstrated that the 3D deformation field could be generated by a linear inversion method based on the DInSAR processing for detecting LOS displacements and the MAI processing for detecting AT displacements (Hu et al., 2014, Jung et al., 2011, Wang et al., 2014a). For better understanding, we will shortly brief the primary procedures of the linear inversion method.”).
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to modify the Beth reference to incorporate the features: wherein the reflecting plate has a mark; and an image generation unit that specifies the predetermined point in the bird's-eye view image based on the mark. Beth recites the use of reference points whose location is known accurately (Paragraph [0073]: “By way of example, a reference point PR.sub.j is a point situated on the ground and for which the variations of its coordinates over time are known accurately, or at least are capable of being known accurately”), furthermore Beth recites that trihedron reflectors can be placed at reference points (Figure 3, 20). It would have been obvious to someone of ordinary skill to use one of the vertices of the trihedron reflector as a ‘mark’ for the purpose of accurate placement of a reflector at a given reference point.
Regarding claim 17 the combination of Beth and Wang discloses all the limitations of claim 16. Beth further teaches wherein the bird's-eye view image is an aerial photographic image (Figure 5 and 6).
Regarding claim 18 the combination of Beth and Wang discloses all the limitations of claim 16. Beth further teaches: wherein the bird's-eye view image is a three-dimensional map image or a two-dimensional map image (Figure 5 and 6).
Regarding claim 19 the combination of Beth and Wang discloses all the limitations of claim 16. Beth further teaches: wherein the predetermined point in the interference SAR image is specified based on brightness (Detailed Description: "In an advantageous aspect of the invention, some of the reference points PRk are fitted with respective radar wave reflectors 20, as shown in FIG. 2, if their natural electromagnetic wave reflectivities are not sufficient for those points to appear clearly in the radar images 12 taken by the satellite S. Each reflector 20 is aligned with the sighting axis A of the satellite S, as shown diagrammatically in FIG. 3."; Figure 2).
Regarding claim 22 the combination of Beth and Wang discloses all the limitations of claim 16. Wang further teaches: wherein each pixel of the interference SAR image includes information with respect to movement direction vector of east-west component and movement direction vector of north-south component (Figure 8; Section 4.2: “It can be seen from Fig. 8c and d that both the ascending and descending interferometric pairs have captured the surface displacements along the track due to the mainshock. As shown in Fig. 8c, the AT displacements derived from the ascending pair mainly appear on the northern wall, while the relatively smaller magnitude of displacements can be observed on the southern wall. From the map of descending AT displacements (Fig. 8d), the obvious displacements can be observed on both the northern wall and the southern walls, which range between − 82.6 and 91.2 cm. The most significant AT displacements with a maximum value of 91.2 cm appear in the two areas marked by the dashed black polygons in Fig. 8d nearby the predicted fault trace, and the displacement directions of the two areas are opposite. It should be pointed out that the ascending pair is less sensitive to the AT displacements caused by the mainshock, if compared with the descending pair. This is because the ascending flight direction of the ALOS satellite is almost perpendicular to the strike of the fault plane. In addition, the signal to noise ratio (SNR) in the LOS displacements derived by DInSAR is higher than that in the AT displacements derived by MAI. This is because the DInSAR interferograms are generated using the full-aperture SLC images with higher SNR, while the MAI interferograms are generated by the sub-aperture SLC images with lower SNR.”; [Examiner’s interpretation: The heat maps in Figure 8 visualize displacement at every pixel. This information can be converted into vector (north-south, east-west displacemtn) representation using common visualization software, thus Figure 8 discloses the limitations of claim 22]).
Conclusion
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 extension fee 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 Bongani J. Mashele whose telephone number is (703)756-5861. The examiner can normally be reached M-F (8 AM - 4:30 PM).
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/BONGANI JABULANI MASHELE/Examiner, Art Unit 3645
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3645