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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted by the applicant and listed below have been considered and are included in the file.
22 January 2026
04 March 2026
07 May 2026
Response to Amendment
Claims 1, 3-7, 10, 13- 14, 16-17, and 19-20 are currently pending.
Independent claim 1 has been amended by applicant’s amendments received 02 April 2026. No new matter has been introduced.
Claims 2, 8-9, 11-12, 15, 18 have been canceled, and therefore the prior rejections is/are moot.
Prior objections of the drawings regarding minor informalities have been overcome by amendment and are therefore withdrawn.
Response to Arguments
Applicant’s arguments, see Remarks, pg. 9, filed 02 April 2026, with respect to the rejection of currently pending claims 1, 3, 10, 13, and 16 have been fully considered and are persuasive. The rejections under USC § 101 of these claims for nonstatutory double patenting with application 18/115431 has been withdrawn.
Applicant's arguments filed 02 April 2026 regarding the rejections under 35 USC § 103 have been fully considered but they are not persuasive. Applicant notes (Remarks, pg. 11) that as the cited embodiment of Bösch has a configuration where the light incident on an incidence surface (primary mirror (2)) is not at a right angle because the entire body is shifted. While this embodiment of Bösch does show that optical path, a marginal rearrangement of the location of the light source (not shown) would be a simple rearrangement of parts which depends on a choice of design to have the incident light be perpendicular to a first surface, or to utilize several optical bodies combined/cemented together. This would be well within the teachings of Bösch and known to one of ordinary skill in the art, as other embodiments include incident light (5) perpendicular to the incident surface of (1), but also as described below, Bösch teaches multiple embodiments where the system includes at least one optical body and one partial optical body, with mirrors affixed to an optical body such that the optical body (1) may in fact incorporate several optical bodies. This would allow for the prism to maintain a tilted position with respect to a projecting surface but have light enter perpendicularly with respect to an incidence surface .
Additionally, the examiner points to the embodiment shown in instant application Fig. 5 includes a near identical optical orientation to that of the Yuasa + Bösch combination, therefore supporting that a mere change in location of the emitter with respect to the the prism surfaces, or use of multiple connected optical bodies, would readily accomplish the invention as claimed.
Claim Objections
Claims 6, 16 and 17 are objected to because of the following informalities:
Claims 6 (16 and 17), line 3 all include reference to “…on a projecting surface of said reflecting prism”, however with the amendments filed, a projecting surface of said reflecting prism is already introduced in claim 1, which these claims all depend upon. It is suggested that the emphasized “a” should now read “the” to avoid antecedent basis issues.
Appropriate correction is required.
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, 4-7, 14, 17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuasa et al. (hereinafter Yuasa, US 20190078883 A1) in view of Bösch et al. (hereinafter Bösch¸US 20210181494 A1).
Regarding claim 1, Yuasa teaches a surveying instrument comprising:
a distance measuring light projecting module configured to project a distance measuring light to an object ([0046], [0111]-[0112]; Figs. 4, 11, distance measuring light projecting optical system (21, 56) includes emitter (34, 66)),
a distance measuring light receiving module having a photodetector configured to receive a reflected distance measuring light from said object ([0046], [0111]-[0112]; Figs. 4, 11, distance measuring light receiving optical system (21, 59) includes detector (41, 76)),
and an arithmetic control module configured to control said distance measuring light projecting module and calculate a distance to said object based on a light reception result of said reflected distance measuring light with respect to said photodetector ([0039]; Fig. 1, arithmetic control module (17) determines distance measurements),
wherein said distance measuring light projecting module has a reflecting prism having two prisms joined together ([0111]; Fig. 11, dichroic prism includes surfaces (78a) and (78b) which separates the prism into multiple parts).
Yuasa fails to teach specifics about the prism which consists of two parts joined by a surface with a film being used within the light projecting module.
Bösch teaches a distance measuring light projecting module intended for use in surveying equipment which has a reflecting prism having at least two prisms joined together ([0050] - [0051]; Fig. 3 optical body (1) with partial optical body (4)),
a beam splitter film having a predetermined reflectance and transmittance is formed on a joined surface of said reflecting prism ([0050] - [0052]; Fig. 3 optical body (1) with partial optical body (4) are separated by surface secondary mirror (3) where beams are partially transmitted and partially reflected by (3)),
and said reflecting prism is configured to deflect an optical axis of said distance measuring light via said beam splitter film so as to coincide with an optical axis of said reflected distance measuring light ([0052]; Fig. 3 mirror (3) deflects incident measuring beam (5) to coincide with axis of return light (28) and visible light (30)),
wherein said reflecting prism is configured to tilt with respect to said optical axis of said reflected distance measuring light and enter at a slight tilt with respect to a projecting surface of said reflecting prism. ([0052]; Fig. 3, optical body (1), (4) is tilted by slight angle beta (33) with respect to reflected light rays (28) and front surface of optical body (1)).
Bösch does not explicitly teach that distance measuring light is configured to enter with respect to an incidence surface of said reflecting prism at a right angle, however does teach multiple embodiments where the system includes at least one optical body and one partial optical body, with mirrors affixed to an optical body. The optical body (1) may in fact incorporate several optical bodies, an example being the mirror (2) connected to a second optical body in Fig. 5b, which is attached to a first optical body, and the light entering the first optical body is perpendicular to the connective surface between ([0017] - [0018], [0059]; Figs. 3, 5b, 10, 16).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Yuasa to incorporate the teachings of Bösch to utilize a prism which is comprised of multiple sub-optical bodies within the optical path of emission to align optical axes of emitted and received light with a reasonable expectation of success. The system of Yuasa already utilizes optical components which split light and change their optical paths, such as dichroic mirrors and prisms (Figs. 2, 3, 5) so use of the specific prism of Bösch would be a simple substitution of two elements with predictable results to one of ordinary skill in the art, to divert the optical path in a similar manor while reducing the overall size and reduce the impact of thermal fluctuations (Bösch paragraph [0007]). Bösch further notes that tilting the optical body (prism) may serve to avoid unintentional reflections within the system ([0052]), and therefore including a prism which is angled with respect to an outgoing optical axis, but has incident light entering at a right angle to a surface would have predictable results of reducing internal scatter, which may increase noise/cross-talk within a system.
Regarding claim 4, Yuasa as modified above teaches the surveying instrument according to claim 1.
Yuasa fails to teach the receiving module including a light adjusting plate.
Bösch teaches a distance measuring light receiving module has a light amount adjusting plate provided on an optical axis of said reflected distance measuring light, and a light amount adjusting surface capable of changing a transmittance of said reflected distance measuring light at an incidence position is configured to be formed on said light amount adjusting plate ([0052]; Fig. 3, semi-transparent splitter plate (31) sits on optical axis of returned light and can adjust incident light amount by being wavelength dependent on transmission or reflection).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Yuasa to incorporate the teachings of Bösch to incorporate a plate which allows for a changing the attenuation amount of returned beam intensity with a reasonable expectation of success. Use of filters and intensity adjusters is well known in the art of optical systems in range finding devices, and use of one in the system of Yuasa would allow for predictable results of controlling the intensity of light incident on a photodetector, for example to keep the detector from saturating.
Regarding claim 5, Yuasa as modified above teaches the surveying instrument according to claim 1, further comprising
a tracking light projecting module configured to project a tracking light to said object coaxially with said distance measuring light ([0114]; Fig. 11, tracking light projecting optical system (57) projects tracking light along axis (84) by emitter (73)),
and a tracking light receiving module having a tracking photodetector configured to receive a reflected tracking light reflected from said object coaxially with said reflected distance measuring light ([0118]; Fig. 11, tracking light receiving optical system (62) with photodetector (83) collects reflected tracking light coaxially with returned light along (87))
wherein a dichroic mirror configured to coincide said optical axis of said distance measuring light with an optical axis of said tracking light is provided on a common optical path of said distance measuring light and said tracking light ([0112]; Fig. 11, dichroic mirrors (69), and (71) align optical axes of tracking light and measuring light).
and a separating surface configured to separate said optical axis of said reflected distance measuring light from an optical axis of said reflected tracking light is provided on a common optical path of said reflected distance measuring light and said reflected tracking light ([0112]; Fig. 11, mirror (81) and dichroic prism both act to splitting tracking light along an optical path towards detector (83) and measurement light towards (76)).
Regarding claim 6, Yuasa as modified above teaches the surveying instrument according to claim 1, wherein
a long-pass filter surface configured to reflect a visible light is formed on a projecting surface of said reflecting prism from which said distance measuring light is projected,
and an image pickup module is provided on a reflected optical axis of said long-pass filter surface ([0084], [0111], [0128]; Fig. 11., image pickup unit (64) is branched from optical axis (87) by Porro prism (89), which may include a wavelength dependent film, such as a long-pass filter film, as noted that any optical surface may include such a film. As such, one of ordinary skill in the art of optical ranging would understand the aforementioned film may instead be placed on the prism (78) to redirect to an image pickup module without change to the functioning of the system.)
Regarding claim 7, Yuasa as modified above teaches the surveying instrument according to claim 1, further comprising
a laser pointer light projecting module configured to project a laser pointer light coaxially with said distance measuring light ([0111], [0114], Fig. 11, secondary emitter (73) emits near-IR light coaxially with light emitted by light emitting element (66)),
and an image pickup module configured to separate said reflected distance measuring light from a visible light ([0111], Fig. 11, dichroic prism (78) and prism (89) may separate off light by wavelength to detectors such as IR detector (85) and image pickup element (94)).
Claim 14 is similarly rejected to claim 5.
Claim 17 is similarly rejected to claim 6.
Claim 20 is similarly rejected to claim 7.
Claim(s) 3, 10, 13, 16, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuasa et al. (hereinafter Yuasa, US 20190078883 A1) in view of Bösch et al. (hereinafter Bösch¸US 20210181494 A1), and further in view of Sakamoto (US 20100245848 A1).
Regarding claim 3, Yuasa as modified above teaches the surveying instrument according to claim 1.
Yuasa fails to teach a plane-parallel plate which is insertable into the emission path, where the beam is adjusted by the plate.
Sakamoto teaches a position detection apparatus where a plane- parallel plate is insertable into or removable from said optical axis of said distance measuring light, and a spread angle of said distance measuring light is configured to be changeable by inserting or removing said plane-parallel plate ([0068] - [0070], [0083]; Fig. 8, parallel plate (47) within the illumination light path is used to adjust focus (or spread) of emitted light).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to further modify Yuasa and Bösch to incorporate the teachings of Sakamoto to utilize a parallel plate to change the focus, or spread, of an emitted light with a reasonable expectation of success. As Sakamoto notes, parallel plates used in this way allow control of a beam focus, which is a measure of its spread and centering, and use would have a predictable result of specifically controlling the emission angle, location along an optical axis, and beam spread to help reduce errors in emission.
Regarding claim 10, Yuasa as modified above teaches the surveying instrument according to claim 3.
Yuasa fails to teach the receiving module including a light adjusting plate.
Bösch teaches a distance measuring light receiving module has a light amount adjusting plate provided on an optical axis of said reflected distance measuring light, and a light amount adjusting surface capable of changing a transmittance of said reflected distance measuring light at an incidence position is configured to be formed on said light amount adjusting plate ([0052]; Fig. 3, semi-transparent splitter plate (31) sits on optical axis of returned light and can adjust incident light amount by being wavelength dependent on transmission or reflection).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Yuasa to incorporate the teachings of Bösch to incorporate a plate which allows for a changing the attenuation amount of returned beam intensity with a reasonable expectation of success. Use of filters and intensity adjusters is well known in the art of optical systems in range finding devices, and use of one in the system of Yuasa would allow for predictable results of controlling the intensity of light incident on a photodetector, for example to keep the detector from saturating.
Regarding claim 13, Yuasa as modified above teaches the surveying instrument according to claim 3, further comprising
a tracking light projecting module configured to project a tracking light to said object coaxially with said distance measuring light ([0114]; Fig. 11, tracking light projecting optical system (57) projects tracking light along axis (84) by emitter (73)),
and a tracking light receiving module having a tracking photodetector configured to receive a reflected tracking light reflected from said object coaxially with said reflected distance measuring light ([0118]; Fig. 11, tracking light receiving optical system (62) with photodetector (83) collects reflected tracking light coaxially with returned light along (87))
wherein a dichroic mirror configured to coincide said optical axis of said distance measuring light with an optical axis of said tracking light is provided on a common optical path of said distance measuring light and said tracking light ([0112]; Fig. 11, dichroic mirrors (69), and (71) align optical axes of tracking light and measuring light).
and a separating surface configured to separate said optical axis of said reflected distance measuring light from an optical axis of said reflected tracking light is provided on a common optical path of said reflected distance measuring light and said reflected tracking light ([0112]; Fig. 11, mirror (81) and dichroic prism both act to splitting tracking light along an optical path towards detector (83) and measurement light towards (76)).
Regarding claim 16, Yuasa as modified above teaches the surveying instrument according to claim 3, wherein
a long-pass filter surface configured to reflect a visible light is formed on a projecting surface of said reflecting prism from which said distance measuring light is projected,
and an image pickup module is provided on a reflected optical axis of said long-pass filter surface ([0084], [0111], [0128]; Fig. 11., image pickup unit (64) is branched from optical axis (87) by Porro prism (89), which may include a wavelength dependent film, such as a long-pass filter film, as noted that any optical surface may include such a film. As such, one of ordinary skill in the art of optical ranging would understand the aforementioned film may instead be placed on the prism (78) to redirect to an image pickup module without change to the functioning of the system.)
Regarding claim 19, Yuasa as modified above teaches the surveying instrument according to claim 3, further comprising
a laser pointer light projecting module configured to project a laser pointer light coaxially with said distance measuring light ([0111], [0114], Fig. 11, secondary emitter (73) emits near-IR light coaxially with light emitted by light emitting element (66)),
and an image pickup module configured to separate said reflected distance measuring light from a visible light ([0111], Fig. 11, dichroic prism (78) and prism (89) may separate off light by wavelength to detectors such as IR detector (85) and image pickup element (94)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ohmuro et al. (US 20150362588 A1) teaches a distance measuring apparatus, which utilizes optical components such as a prism for redirecting, splitting, and recombining optical signals, where the prism may be formed by a Dach prism, a Porro prism, or a combination of prisms connected which have reflective surfaces and dichroic surfaces all at a myriad of angles with respect to incident and outgoing light.
Sugiura (US 20170045748 A1) teaches an automatic survey device, which uses a dichroic prism, among other optical components, to emit and receive light, and an additional tracking module is included for object tracking.
Takizawa (US 20170234972 A1) teaches a distance detection device which includes optics such as a multipart prism, a band transmission filter, and reticle plate within an emission path.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 Kara Richter whose telephone number is (571)272-2763. The examiner can normally be reached Monday - Thursday, 8A-5P EST, Fridays are variable.
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, Helal Algahaim can be reached at (571) 270-5227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.M.R./Examiner, Art Unit 3645
/HELAL A ALGAHAIM/SPE , Art Unit 3645
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