Prosecution Insights
Last updated: October 04, 2026
Application No. 18/208,038

SYSTEMS AND METHODS FOR FOUNDATION MAPPING AND REMEDIATION

Non-Final OA §103
Filed
Jun 09, 2023
Examiner
SUN, HAI TAO
Art Unit
Tech Center
Assignee
Terabase Energy Inc.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
363 granted / 493 resolved
+13.6% vs TC avg
Strong +25% interview lift
Without
With
+24.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
41 currently pending
Career history
529
Total Applications
across all art units

Statute-Specific Performance

§101
7.1%
-32.9% vs TC avg
§103
68.6%
+28.6% vs TC avg
§102
1.4%
-38.6% vs TC avg
§112
16.2%
-23.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 493 resolved cases

Office Action

§103
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 . 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sloan (US 20180268540 A1) and in view of McClure (US 20150331972 A1). Regarding to claim 1, Sloan discloses a method for foundation mapping and remediation ([0012]: align the real world construction more closely with the virtual design model; [0017]: an Element is a physical object that is installed during construction, such as an I-beam, and a pipe; Fig. 2; [0047]: measure and report the spatial differences between the Design Location and an Approximate Installed Location by computer system 100; [0052]: critical deviations in significant Elements often require remediation in the field) comprising: creating, using a three-dimensional scanner, a plurality of point clouds for multiple piles, with each point cloud comprising multiple data points corresponding to a pile ([0002]: the column, i.e. a pile, is actually be installed three inches to the left; [0015]: laser scan and survey equipment; [0016]: a point cloud is a collection of measurement points of a scene, such as, I-beam, and a pipe; these measurement points are acquired using a laser scanner, photogrammetry, or other similar 3D measurement techniques; I-beam, and a pipe are piles; [0017]: an Element is a physical object that is installed during construction, such as an I-beam, and a pipe; Fig. 2; [0035]: receive the created cloud of point measurements of a scene; Fig. 3; [0044]: create measurement Data in the form of a Point Cloud (302) showing the Installed Location of the Element; PNG media_image1.png 280 476 media_image1.png Greyscale ); calculating, using a computing device, one or more installation parameters for each pile using the point cloud for each pile ([0012]: compare construction in the real world against the virtual design model and measure the positional differences, i.e. installation parameters, between the two to identify the positional differences and enable further actions to be taken based on the positional differences; [0015]: measure the spatial arrangement of objects, i.e. I-beams, and pipes, in space using point cloud, such as, laser scan data, survey data, or any other spatial measurements; spatial arrangement includes installation parameters; [0016]: these measurement points are acquired using a laser scanner, photogrammetry, or other similar 3D measurement techniques; [0025]: a set of measurements of one or more Elements in a scene include installation parameters; Fig. 4; [0045]: a Point Cloud (408) represents the Installed Location of that Element with center of square and opposite corners, i.e. installation parameters, as illustrated in Fig. 4; PNG media_image2.png 250 268 media_image2.png Greyscale ); comparing the one or more installation parameters for each pile to designed parameters of each pile to determine one or more parameter deviations for the multiple piles ([0012]: compare construction in the real world against the virtual design model and measure the positional differences between the two to identify the positional differences and enable further actions to be taken based on the positional differences; Fig. 3; [0044]: a Design Model in the Design Location (300); a Point Cloud (302) showing the Installed Location of the Element; PNG media_image3.png 288 480 media_image3.png Greyscale ; Fig. 4; [0045]: compare a 3D Design Model (400) of the Element with a Point Cloud (408) represents the Installed Location of that Element as illustrated in Fig. 4; PNG media_image2.png 250 268 media_image2.png Greyscale ; Fig. 2; [0047]: measure and report the spatial differences between the Design Location and an Approximate Installed Location; measure the offset between the two locations, i.e. Design and Approximate Installed; [0051]: accurately quantify the deviation between intended installation locations , i.e. Design Locations, and actual installation locations, i.e. Installed Locations, for elements, i.e. piles, during construction); and generating one or more remediation schemes based on the determined one or more parameter deviations for the multiple piles ([0012]: measure the positional differences between the real world and the virtual design model to identify the positional differences and enable further actions to be taken based on the positional differences; revision of the real world construction to align more closely with the virtual design model; [0051]: quantifying these deviations during the construction process enable early mitigation of construction mistakes; [0052]: discover and quantify these deviations; critical deviations in significant Elements often require remediation in the field). Sloan fails to explicitly disclose: multiple piles in a pile row. In same field of endeavor, McClure teaches multiple piles in a pile row (Fig. 1; [0073]: rows of structures; PNG media_image4.png 234 480 media_image4.png Greyscale ; Fig. 10 (A); [0179]: a four-pole pile driven rack; PNG media_image5.png 304 524 media_image5.png Greyscale ; four piles and two rows as illustrated in Fig. 10 (A); [0181]: the line connecting the two piles are aligned approximately along a line of longitude; [0208]: three rows). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sloan to include multiple piles in a pile row as taught by McClure. The motivation for doing so would have been to improve system efficiency and economics of solar power; to approximately align the line connecting the two piles along a line of longitude; to conduct installation of structural components and to guide construction managers and installation crews; to guide the installation of each block at the right tilt, location, azimuth, bank, and height as taught by McClure in paragraphs [0029], [0181], [0191], and [0220]. Regarding to claim 2, Sloan in view of McClure discloses the method of claim 1 wherein the one or more installation parameters comprise one or more of (or is optional): a pile position in x coordinate (Sloan; [0002]: the column is actually installed three inches to the left of the center, i.e. xy coordinates); a pile position in y coordinate (Sloan; [0002]: the column is actually installed three inches to the left of the center, i.e. xy coordinates); a pile position in z coordinate ([0080]: characteristics of the support system include module tilt, height, azimuth, bank, row spacing; height and azimuth are z coordinates); a pile roll; a pile pitch (McClure; Fig. 1; [0073]: rows of structures; PNG media_image4.png 234 480 media_image4.png Greyscale ; [0163]: determine the associated row spacing for a given tilt and azimuth; Fig. 10 (A); [0179]: a four-pole pile driven rack; PNG media_image5.png 304 524 media_image5.png Greyscale ); and a pile yaw. Same motivation of claim 1 is applied here. Regarding to claim 3, Sloan in view of McClure discloses the method of claim 1 wherein calculating one or more installation parameters for each pile using the point cloud for each pile (same as rejected in claim 1) comprising: identifying one or more characteristic data points among the multiple data points in each point cloud (Sloan; Fig. 3; [0044]: a Point Cloud (302) shows the Installed Location of the Element; PNG media_image3.png 288 480 media_image3.png Greyscale ; Fig. 4; [0045]: a Point Cloud (408) represents the Installed Location of that Element with center of square and opposite corners as illustrated in Fig. 4; PNG media_image2.png 250 268 media_image2.png Greyscale ; Fig. 5; [0047]); and using the one or more characteristic data points to perform the calculation (Sloan; Fig. 4; [0045]: display Design Model and Measurement Data in one or more independent orthographic views; Fig. 5; [0047]: measure and report the spatial differences between the Design Location and an Approximate Installed Location; compute the distances between vertices of the Design Model in the Design Location and the corresponding vertices of the Design Model in an Approximate Installed Location; [0051]: accurately quantify the deviation between intended installation locations , i.e. Design Locations, and actual installation locations, i.e. Installed Locations, for elements during construction). Regarding to claim 4, Sloan in view of McClure discloses the method of claim 3 wherein the one or more characteristic data points comprise a geometry center of a top layer in the point cloud and two data points at opposite corners of the top layer (Sloan; Fig. 3; [0044]: a Point Cloud (302) shows the Installed Location of the Element; PNG media_image3.png 288 480 media_image3.png Greyscale ; Fig. 4; [0045]: a Point Cloud (408) represents the Installed Location of that Element with center of square and opposite corners as illustrated in Fig. 4; PNG media_image2.png 250 268 media_image2.png Greyscale ). Regarding to claim 5, Sloan in view of McClure discloses the method of claim 1 wherein generating one or more remediation schemes based on the determined one or more parameter deviations for the multiple piles in the pile row (same as rejected in claim 1) comprising: determining a subsequent installation scheme within a predetermined precision threshold to engage all of the multiple piles for subsequent installation without requiring any pile re-installation (Sloan; [0052]: a certain amount of deviation is generally considered acceptable during most construction projects, and when minor deviations that fall beneath this tolerance are discovered, the construction team may decide to ignore those deviations altogether); generating a set of output data defining a plurality of installation positions on the multiple piles based on the determined subsequent installation scheme, the set of output data comprises one or more offsets for one or more installation parameters for one or more piles, among the multiple piles (Sloan; [0012]: revision of the virtual design model to reflect the positional differences, revision of the real world construction to align more closely with the virtual design model, revision of the virtual design to produce one or more intermediate remediation possibilities to correct the real world construction, or other similar actions); and placing a plurality of physical markings on the multiple piles based on the plurality of installation positions (McClure; [0035]: digital list of accurate site positions; [0189]: one product of the output specifications is a digital list of accurate ground positions where piles are to be driven; place the piles laterally; Fig. 14 (B); Fig. 14 (C); [0062]: an alternative ballast form is also applicable to the support system; the joining together of two identical forms with multiple markers as illustrated in Fig. 14 (C); PNG media_image6.png 360 446 media_image6.png Greyscale ; Fig. 15; [0063]: the ballast form of FIG. 14(A) in a ballasted support system with multiple physical markers as illustrated in Fig. 15; PNG media_image7.png 274 508 media_image7.png Greyscale ). Sloan in view of McClure further discloses in the pile row (McClure; Fig. 1; [0073]: rows of structures; PNG media_image4.png 234 480 media_image4.png Greyscale ; Fig. 10 (A); [0179]: a four-pole pile driven rack; PNG media_image5.png 304 524 media_image5.png Greyscale ; four piles and two rows; [0181]: the line connecting the two piles are aligned approximately along a line of longitude; [0208]: three rows). Same motivation of claim 1 is applied here. Regarding to claim 6, Sloan in view of McClure discloses the method of claim 5 wherein the physical markings on the multiple piles are default markings, adjusted markings with offsets for default markings, or a combination of both ( or is optional; McClure; [0035]: digital list of accurate site positions; Fig. 14 (B); Fig. 14 (C); [0062]: an alternative ballast form is applicable to the support system; the joining together of two identical forms with markers; PNG media_image6.png 360 446 media_image6.png Greyscale ; Fig. 15; [0063]: the ballast form of FIG. 14(A) in a ballasted support system with multiple physical markers; PNG media_image7.png 274 508 media_image7.png Greyscale ; Fig. 16; [0064]: yoke which supports one or more PV modules; [0189]: relative accurate offsets from a defined zero-point position; one product of the output specifications is a digital list of accurate ground positions where piles are to be driven; place the piles laterally; [0190]: Widths are changed with adjustable tooling to match site requirements; if high wind speeds require a wider section, tooling expands wider to yield a wider roll formed piece). Same motivation of claim 1 is applied here. Regarding to claim 7, Sloan in view of McClure discloses the method of claim 5 wherein the one or more offsets are applicable to one or more piles that have parameter deviations, to one or more piles that do not have parameter deviations, or to a mixture of piles with parameter deviations and without parameter deviations (or is optional; McClure; [0189]: an initial positioning of the driver is manual, and the remaining movements automatically performed within a specified error of its proper or desired location; [0190]: Widths are changed with adjustable tooling to match site requirements; if high wind speeds require a wider section, tooling expands wider to yield a wider roll formed piece). Regarding to claim 8, Sloan in view of McClure discloses the method of claim 1 wherein generating one or more remediation schemes based on the determined one or more parameter deviations for the multiple piles in the pile row (same as rejected in claim 1) comprising: determining a subsequent installation scheme involving one or more pile re-installations to accommodate subsequent installation within a predetermined precision threshold (Sloan; [0012]: easily compare construction in the real world against the virtual design model and measure the positional differences between the two to identify the positional differences and enable further actions to be taken based on the positional difference; further actions to be taken could include revision of the virtual design to produce one or more intermediate remediation possibilities to correct the real world construction, or other similar actions); and generating a set of output data comprising a plurality of installation positions on one or more piles not requiring re-installation and a plurality of re-installation parameters for one or more piles requiring re-installation (Sloan; [0012]: easily compare construction in the real world against the virtual design model and measure the positional differences between the two to identify the positional differences and enable further actions to be taken based on the positional difference; further actions to be taken could include revision of the virtual design model to reflect the positional differences; [0052]: when substantial deviations are discovered in non-critical Elements, it is considered best practice to update the design plan to reflect as-built conditions to avoid problems with downstream construction processes that are depending on the accurate installation of those Elements; when minor deviations that fall beneath this tolerance are discovered, the construction team decides to ignore those deviations altogether). Regarding to claim 9, Sloan in view of McClure discloses the method of claim 8 wherein the subsequent installation scheme is determined with a priority for a highest precision for the subsequent installation scheme (Sloan; [0052]: the construction team has at least three options for dealing with each deviation: fix the installation of the Element in the field, adjust the Design Location in the plans, or ignore the deviation; Critical deviations in significant Elements, i.e. high priority, often require remediation in the field). Regarding to claim 10, Sloan in view of McClure discloses the method of claim 8 wherein the subsequent installation scheme is determined with a priority of a minimum pile re-installation to meet the predetermined precision threshold (Sloan; [0052]: the construction team has at least three options for dealing with each deviation: fix the installation of the Element in the field, adjust the Design Location in the plans, or ignore the deviation; Critical deviations in significant Elements often require remediation in the field; when substantial deviations are discovered in non-critical Elements, it is considered best practice to update the design plan to reflect as-built conditions to avoid problems with downstream construction processes that are depending on the accurate installation of those Elements; finally, a certain amount of deviation is generally considered acceptable during most construction projects, and when minor deviations that fall beneath this tolerance are discovered, the construction team may decide to ignore those deviations altogether). Regarding to claim 11, Sloan discloses a non-transitory computer-readable medium or media comprising one or more sequences of instructions which, when executed by at least one processor, causes steps for foundation mapping and remediation ([0012]: align the real world construction more closely with the virtual design model; [0017]: an Element is a physical object that is installed during construction, such as an I-beam, and a pipe; Fig. 1; [0026]: memory 102, and CPU 104; memory 102 stores a set of instructions to be executed by the CPU 104; Fig. 2; [0047]: measure and report the spatial differences between the Design Location and an Approximate Installed Location by computer system 100; [0049]: the processor executes instructions; [0052]: critical deviations in significant Elements often require remediation in the field ) comprising: receiving a plurality of point clouds, created by a three-dimensional scanner, for multiple piles in a pile row, with each point cloud comprising multiple data points corresponding to a pile ([0015]: laser scan and survey equipment; [0016]: a point cloud is a collection of measurement points of a scene, such as, I-beam, and a pipe; these measurement points are acquired using a laser scanner, photogrammetry, or other similar 3D measurement techniques; [0017]: an Element is a physical object that is installed during construction, such as an I-beam, and a pipe; [0034]: receive, through a data interface, data describing a set of measurements of one or more elements in the scene; Fig. 2; [0035]: receive the cloud of point measurements of a scene); the rest claim limitations are similar to claim limitations recited in claim 1. Therefore, same rational used to reject claim 1 is also used to reject claim 11. Regarding to claim 12, Sloan in view of McClure discloses the non-transitory computer-readable medium or media of claim 11. The rest claim limitations are similar to claim limitations recited in claim 2. Therefore, same rational used to reject claim 2 is also used to reject claim 12. Regarding to claim 13, Sloan in view of McClure discloses the non-transitory computer-readable medium or media of claim 11. The rest claim limitations are similar to claim limitations recited in claim 3. Therefore, same rational used to reject claim 3 is also used to reject claim 13. Regarding to claim 14, Sloan in view of McClure discloses the non-transitory computer-readable medium or media of claim 13. The rest claim limitations are similar to claim limitations recited in claim 4. Therefore, same rational used to reject claim 4 is also used to reject claim 14. Regarding to claim 15, Sloan in view of McClure discloses the non-transitory computer-readable medium or media of claim 11. The rest claim limitations are similar to claim limitations recited in claim 5. Therefore, same rational used to reject claim 5 is also used to reject claim 15. Regarding to claim 16, Sloan in view of McClure discloses the non-transitory computer-readable medium or media of claim 15. wherein the subsequent installation scheme is a scheme for installing a torque tube on the multiple piles in a pile row (McClure; Fig. 9 (B); [0057]: a four-pole system with tubes as illustrated in Fig. 9 (B); PNG media_image8.png 192 354 media_image8.png Greyscale ; Fig. 10 (A); [0058]: a four-post pile driven support with tubes; PNG media_image9.png 222 496 media_image9.png Greyscale ; [0181]: struts, rails, purlins, legs, pipes, tubes, roll-formed channels; [0191]: tube; [0198]: steel tube). Same motivation of claim 1 is applied here. Regarding to claim 17, Sloan in view of McClure discloses the non-transitory computer-readable medium or media of claim 15. The rest claim limitations are similar to claim limitations recited in claim 7. Therefore, same rational used to reject claim 7 is also used to reject claim 17. Regarding to claim 18, Sloan in view of McClure discloses the non-transitory computer-readable medium or media of claim 11. The rest claim limitations are similar to claim limitations recited in claim 8. Therefore, same rational used to reject claim 8 is also used to reject claim 18. Regarding to claim 19, Sloan in view of McClure discloses the non-transitory computer-readable medium or media of claim 18. The rest claim limitations are similar to claim limitations recited in claim 9. Therefore, same rational used to reject claim 9 is also used to reject claim 19. Regarding to claim 20, Sloan in view of McClure discloses the non-transitory computer-readable medium or media of claim 19. The rest claim limitations are similar to claim limitations recited in claim 10. Therefore, same rational used to reject claim 10 is also used to reject claim 20. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Tao Sun whose telephone number is (571)272-5630. The examiner can normally be reached 9:00AM-6:00PM. 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, Daniel Hajnik can be reached at 5712727642. 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. /HAI TAO SUN/Primary Examiner, Art Unit 2616
Read full office action

Prosecution Timeline

Jun 09, 2023
Application Filed
Aug 31, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12738052
SYSTEMS AND METHODS FOR IDENTIFYING TREES AND ESTIMATING TREE HEIGHTS AND OTHER TREE PARAMETERS
2y 1m to grant Granted Sep 15, 2026
Patent 12731299
GRAPHICS RENDERING SYSTEM AND METHOD
2y 8m to grant Granted Sep 08, 2026
Patent 12731333
GAZE-BASED AUDIO SWITCHING AND 3D SIGHT LINE TRIANGULATION MAP
2y 6m to grant Granted Sep 08, 2026
Patent 12718493
PREDICTION OF CONTACT POINTS BETWEEN 3D MODELS
3y 6m to grant Granted Aug 25, 2026
Patent 12718477
DYNAMIC (4D) SCENE RECONSTRUCTION USING MULTIPLE NEURAL RADIANCE FIELDS
2y 5m to grant Granted Aug 25, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
98%
With Interview (+24.7%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 493 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month