Prosecution Insights
Last updated: April 19, 2026
Application No. 18/230,826

Surveying Distance Measuring System Using Lasers

Non-Final OA §102§112
Filed
Aug 07, 2023
Examiner
THATCHER, CLINT A
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Johnson Level & Tool Mfg Co. Inc.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
To Grant
91%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
255 granted / 315 resolved
+29.0% vs TC avg
Moderate +10% lift
Without
With
+10.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
33 currently pending
Career history
348
Total Applications
across all art units

Statute-Specific Performance

§101
17.4%
-22.6% vs TC avg
§103
36.0%
-4.0% vs TC avg
§102
24.1%
-15.9% vs TC avg
§112
18.2%
-21.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 315 resolved cases

Office Action

§102 §112
Notice of Pre-AIA or AIA Status The present application, filed on or after 16 Mar 2013 , is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION Applicant presents Claims 1- [ 20 ] for examination. The Office rejects Claims 1- [ 20 ] as detailed below. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claim s 16 and 19 s and any corresponding dependent claims are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. There are two Claim 19 s. For the rejections below, the Office will assume the second /last Claim 19 should be Claim 20 . Claim 16 recites, “a first sensor having the capability of detecting a laser signal emitted from an external source for measuring a first distance; a measurement assembly having the capability of measuring a distance to a reference object ; wherein the measurement assembly comprises a laser generator having the capability of emitting an outgoing laser pulse toward the reference surface and a second sensor having the capability of detecting a reflected laser pulse from the reference surface in order to measure a second distance between the laser detector, wherein the second distance is the distance between the laser detector and the reference surface .” There is no antecedent basis for “the reference surfaces ”; therefore, the claim is indefinite. It is unclear whether “reference object” or “reference surface” should be use throughout the claims or whether both should be used in various places . The Office will try “reference surface” throughout the claim as a best guess below in the prior art rejections. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. +_+_+ Claims 1 - 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wong et al. - U.S. Pub. 20220326011 +_+_+ As for Claim 1 , Wong teaches a rotary laser generator emitting a laser, wherein the laser rotates in a plane at a known RPM (¶3|12: “In a specific embodiment, the laser is emitted from the laser level in a vertical planar beam and the laser is rotated with respect to the laser level at a speed between 5 RPM and 30 RPM.”) ; and a laser detector on the plane, wherein the laser detector is capable of sensing the laser when the laser aligns with the laser detector along the plane, wherein the sensing of the laser during rotation of the laser is designated as a pulse, and wherein at least two pulses are created during rotation of the laser having a time corresponding to each pulse (¶3|1: “One embodiment of the invention relates to a method of operating a laser level system that includes a laser level and detector. The method includes emitting a laser, such as a vertical planar laser beam, from the laser level, and rotating the laser beam with respect to the laser level such that the laser beam traverses across the detector. The method includes pulsing the laser at a known rate. A detector receives the laser and counts a number of pulses of the laser.”) ; wherein a distance between the rotary laser generator and the laser detector on the plane is calculated using the time corresponding to each pulse, the known RPM, and the speed of light (¶3|1: “One embodiment of the invention relates to a method of operating a laser level system that includes a laser level and detector. The method includes emitting a laser, such as a vertical planar laser beam, from the laser level, and rotating the laser beam with respect to the laser level such that the laser beam traverses across the detector. The method includes pulsing the laser at a known rate. A detector receives the laser and counts a number of pulses of the laser. The laser level system calculates a distance between the laser level and the detector based at least in part on the known pulse rate, the number of pulses detected, and/or a width of the detector panel that detected the laser. In a specific embodiment, the laser is emitted from the laser level in a vertical planar beam and the laser is rotated with respect to the laser level at a speed between 5 RPM and 30 RPM.”) As for Claim 2 , which depends on Claim 1, Wong teaches wherein the distance between the rotary laser generator and the laser detector is displayed on the laser detector (¶108|17: ”In certain embodiments, the signal determined by the MCU 718 to be the most accurate from among the four available outputs is provided to the user via a display on the detector 40, or on the laser level 20, or on some other suitable device for viewing such information.”) As for Claim 3 , which depends on Claim 1, Wong teaches wherein the distance between the rotary laser generator and the laser detector is displayed on a mobile device via a wireless communication protocol and a software application on the mobile device (¶108|17: ”In certain embodiments, the signal determined by the MCU 718 to be the most accurate from among the four available outputs is provided to the user via a display on the detector 40, or on the laser level 20, or on some other suitable device for viewing such information.”) As for Claim 4 , which depends on Claim 1, Wong teaches wherein the laser detector includes a laser distance measuring arrangement, wherein the laser distance measuring arrangement is configured to measure a distance between the laser detector and a surface other than in the plane in which the laser rotates (¶21|1: “In certain embodiments, the Fresnel lens is configured to spread the laser light such that during a sweep across the photodiode, the laser light is incident on an area larger than an area of the photodiode.” That is, received laser light is refracted off the plane of the rotating laser.) As for Claim 5 , which depends on Claim 4, Wong teaches wherein the laser distance measuring arrangement measures the distance between the laser detector and the surface using a laser emitted from the laser detector and reflected from the surface toward the laser detector (¶2|4: “The three-dimensional coordinate determining apparatus, as shown in FIG. 28, uses two light feedback means 905 and 906 attached to a staff 904 to reflect diverging laser beams 902 and 903 emitted from a light source 901 and direct the beams upon the light source 901, so as to measure a three-dimensional coordinate of the light feedback means. The three-dimensional coordinate can be computed from a rotational angle of the light source upon the reception of the incident light reflected by the light feedback means, and from a dime delay between the receptions of the beams reflected from the light feedback means 905 and 906, respectively.” That is, the claims are describing a traditional positioning system where emitted light is reflected back from a target surface to the measuring apparatus sensor.) As for Claim 6 , which depends on Claim 5, Wong teaches wherein the orientation of the laser detector can be varied so as to measure a distance between the laser detector and a plurality of surfaces (¶77|1: “Laser beam 22 is received at detector 40 and/or at detector 80 [i.e., plurality of surfaces] . In a specific embodiment, detector 40 and/or detector 80 are remote controls of laser level 20. Detector panel 42 (e.g., a photodiode array) of detector 40 detects laser beam 22 as laser beam 22 traverses the detector panel 42. Detector 40 determines a number of pulses that were detected by detector panel 42 while laser beam 22 was transiting detector panel 42.”) As for Claim 7 , which depends on Claim 6, Wong teaches wherein the laser detector can be oriented to measure a horizontal distance between the laser detector and a vertical surface, and can be further oriented to measure a vertical distance between the laser detector and a horizontal surface (¶77|1: “Laser beam 22 is received at detector 40 and/or at detector 80 [i.e., plurality of surfaces] . In a specific embodiment, detector 40 and/or detector 80 are remote controls of laser level 20. Detector panel 42 (e.g., a photodiode array) of detector 40 detects laser beam 22 as laser beam 22 traverses the detector panel 42. Detector 40 determines a number of pulses that were detected by detector panel 42 while laser beam 22 was transiting detector panel 42.”) As for Claim 8 , which depends on Claim 5, Wong teaches wherein the laser distance measuring arrangement measures a first distance between the laser detector and a first surface using a first laser emitted from the laser detector and reflected from the surface toward the laser detector, and measures a second distance between the laser detector and a second surface using a second laser emitted from the laser detector and reflected from the surface toward the laser detector (¶2|4: “The three-dimensional coordinate determining apparatus, as shown in FIG. 28, uses two light feedback means 905 and 906 attached to a staff 904 to reflect diverging laser beams 902 and 903 emitted from a light source 901 and direct the beams upon the light source 901, so as to measure a three-dimensional coordinate of the light feedback means. The three-dimensional coordinate can be computed from a rotational angle of the light source upon the reception of the incident light reflected by the light feedback means, and from a dime delay between the receptions of the beams reflected from the light feedback means 905 and 906, respectively.” That is, the claims are describing a traditional positioning system where emitted light is reflected back from a target surface to the measuring apparatus sensor.) As for Claim 9 , Wong teaches emitting a laser from the rotary laser generator; rotating the laser along the plane at a known RPM (¶3|12: “In a specific embodiment, the laser is emitted from the laser level in a vertical planar beam and the laser is rotated with respect to the laser level at a speed between 5 RPM and 30 RPM.”) ; creating a pulse when the laser aligns with the laser detector along the plane, wherein at least two pulses are created having a time corresponding to each pulse (¶3|3: “The method includes emitting a laser, such as a vertical planar laser beam, from the laser level, and rotating the laser beam with respect to the laser level such that the laser beam traverses across the detector. The method includes pulsing the laser at a known rate. A detector receives the laser and counts a number of pulses of the laser. The laser level system calculates a distance between the laser level and the detector based at least in part on the known pulse rate, the number of pulses detected, and/or a width of the detector panel that detected the laser.”) ; and calculating the distance between the rotary laser generator and the laser detector on the plane using the time corresponding to each pulse, the known RPM, and the speed of light (¶3|1: “One embodiment of the invention relates to a method of operating a laser level system that includes a laser level and detector. The method includes emitting a laser, such as a vertical planar laser beam, from the laser level, and rotating the laser beam with respect to the laser level such that the laser beam traverses across the detector. The method includes pulsing the laser at a known rate. A detector receives the laser and counts a number of pulses of the laser. The laser level system calculates a distance between the laser level and the detector based at least in part on the known pulse rate, the number of pulses detected, and/or a width of the detector panel that detected the laser. In a specific embodiment, the laser is emitted from the laser level in a vertical planar beam and the laser is rotated with respect to the laser level at a speed between 5 RPM and 30 RPM.”) Claims 10-15 recite substantially the same subject matter as Claims 2 and 4-8, respectively, and stand rejected on the same basis accordingly. As for Claim 16 , Wong teaches a first sensor having the capability of detecting a laser signal emitted from an external source for measuring a first distance (¶3|1: “One embodiment of the invention relates to a method of operating a laser level system that includes a laser level and detector. The method includes emitting a laser, such as a vertical planar laser beam, from the laser level, and rotating the laser beam with respect to the laser level such that the laser beam traverses across the detector. The method includes pulsing the laser at a known rate. A detector receives the laser and counts a number of pulses of the laser. The laser level system calculates a distance between the laser level and the detector based at least in part on the known pulse rate, the number of pulses detected, and/or a width of the detector panel that detected the laser. ” ) ; a measurement assembly having the capability of measuring a distance to a reference [surface] ; wherein the measurement assembly comprises a laser generator having the capability of emitting an outgoing laser pulse toward the reference [ surface ] (¶3|1: “One embodiment of the invention relates to a method of operating a laser level system that includes a laser level and detector. The method includes emitting a laser, such as a vertical planar laser beam, from the laser level, and rotating the laser beam with respect to the laser level such that the laser beam traverses across the detector. The method includes pulsing the laser at a known rate. A detector receives the laser and counts a number of pulses of the laser. The laser level system calculates a distance between the laser level and the detector based at least in part on the known pulse rate, the number of pulses detected, and/or a width of the detector panel that detected the laser. In a specific embodiment, the laser is emitted from the laser level in a vertical planar beam and the laser is rotated with respect to the laser level at a speed between 5 RPM and 30 RPM.”) and a second sensor having the capability of detecting a reflected laser pulse from the reference [ surface ] in order to measure a second distance between the laser detector, wherein the second distance is the distance between the laser detector and the reference [ surface ] (¶ 2 | 4 : “ The three-dimensional coordinate determining apparatus, as shown in FIG. 28, uses two light feedback means 905 and 906 attached to a staff 904 to reflect diverging laser beams 902 and 903 emitted from a light source 901 and direct the beams upon the light source 901, so as to measure a three-dimensional coordinate of the light feedback means. The three-dimensional coordinate can be computed from a rotational angle of the light source upon the reception of the incident light reflected by the light feedback means, and from a dime delay between the receptions of the beams reflected from the light feedback means 905 and 906, respectively. ” That is, the claims are describing a traditional positioning system where emitted light is reflected back from a target surface to the measuring apparatus sensor. ) As for Claim 17 , which depends on Claim 16, Wong teaches wherein the first distance is measured using a rotary laser generator emitting a laser, wherein the laser rotates in a plane at a known RPM, a wherein the laser detector is on the plane, wherein the laser detector is capable of sensing the laser when the laser aligns with the laser detector along the plane, wherein the sensing of the laser during rotation of the laser is designated as a pulse, and wherein at least two pulses are created during rotation of the laser having a time corresponding to each pulse, wherein the first distance between the rotary laser generator and the laser detector is calculated using the time corresponding to each pulse, the known RPM, and the speed of light (¶3|1: “One embodiment of the invention relates to a method of operating a laser level system that includes a laser level and detector. The method includes emitting a laser, such as a vertical planar laser beam, from the laser level, and rotating the laser beam with respect to the laser level such that the laser beam traverses across the detector. The method includes pulsing the laser at a known rate. A detector receives the laser and counts a number of pulses of the laser. The laser level system calculates a distance between the laser level and the detector based at least in part on the known pulse rate, the number of pulses detected, and/or a width of the detector panel that detected the laser. In a specific embodiment, the laser is emitted from the laser level in a vertical planar beam and the laser is rotated with respect to the laser level at a speed between 5 RPM and 30 RPM.”) Claims 18- [ 20 ] recite substantially the same subject matter as Claims 6-7 and 2, respectively, and stand rejected on the same basis accordingly. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CLINT THATCHER whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3588 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Fri 9am-5:30pm ET and generally keeps a daily 2:30pm timeslot open for interviews. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant may call the examiner to set up a time or use the USPTO Automated Interview Request (AIR) system at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuqing Xiao, can be reached at (571) 270-3603. Though not relied on, the Office considers the additional prior art listed in the Notice of Reference Cited form (PTO-892) pertinent to Applicant's disclosure. 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. /Clint Thatcher/ Examiner, Art Unit 3645 /YUQING XIAO/ Supervisory Patent Examiner, Art Unit 3645
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Prosecution Timeline

Aug 07, 2023
Application Filed
Mar 21, 2026
Non-Final Rejection — §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
91%
With Interview (+10.4%)
2y 1m
Median Time to Grant
Low
PTA Risk
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