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 .
DETAILED ACTION
Priority
Acknowledgment is made of Applicant's claim for foreign priority based on a Patent Applications filed on 12/17/20. It is noted that Applicant has not filed a certified copy of the application as required by 35 U.S.C. 119(b).
PATH TO ALLOWANCE
Examiner respectfully suggests Applicant telephone Examiner Adams (571-270-3688) prior to filing a response to the instant office action to discuss claim amendments / clarifications to place this application in a Condition for Allowance. Possible considerations for allowance would be to incorporate part or some of the subject matter deemed allowable in the instant office action.
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 non-obviousness.
Claims 1, 6, 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over FARSAIE (US Pub. No.: 2009-0251680) in view of SAKAMAKI et al. (US Pub. No.: 2018-0299558).
As per Claim 1 FARSAIE discloses A method for determining a profile section of an object and/or space using a 2D laser scanner having a laser rangefinder, comprising (Figs. 1-3 capture at least 2D scanned data – at least 2D scanner with laser rangefinder – profile section spatial scanned models built in 3D point cloud data [Abstract] [0005]):
recording mutually assignable distance measurement values and distance measurement directions using the laser rangefinder in a measuring plane traversed radially by a laser beam of the laser rangefinder (Figs. 1-3 [Abstract] [0005] record measured point cloud data – plurality of distances from target object using beam scans – arcs of spherical capture [0013-0015, 0018] [0024-0025, 0027] [0033]);
determining the profile section from the distance measurement values and distance measurement directions (Figs. 1-3 [Abstract] [0005] [0013-0015, 0018] spatial section – directions vary as rotation for beam [0020-0024] [0025-0027] [0033]); determining an angle of inclination of the measuring plane with respect to a reference plane, in particular a horizontal or a vertical reference plane (Figs. 1-3 [Abstract] [0005] [0013-0015, 0018] reference planes horizontal/vertical – angle tilt for measurement device effects of relational change to measurement plane [0020-0024] [0025-0027] [0033]); measuring plane is determined using the laser rangefinder (Figs. 1-3 [Abstract] [0005] determine as spherically traversed [0013-0015, 0018] [0024-0025, 0027] [0033])
FARSAIE does not disclose but SAKAMAKI discloses and correcting the profile section using the angle of inclination of the measuring plane, wherein the angle of inclination of the measuring plane is determined (Figs. 16-17 measurement data 109 of an area profile section such that the data points are correcting considering inclination angle – on the plane measured [0132])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include and correcting the profile section using the angle of inclination of the measuring plane, wherein the angle of inclination of the measuring plane is determined as taught by SAKAMAKI into the system of FARSAIE because of the benefit taught by SAKAMAKI to include laser measurement techniques to include compensations to measurement data based upon component features whereby FARSAIE is directed towards measurement with lasers and would benefit from the ability to compensate for measurement data.
As per Claim 6 FARSAIE discloses The method according to claim 1, wherein the angle of inclination of the measuring plane is determined from the profile section (Figs. 1-3 [Abstract] [0005] profile spatial section – angle tilt for measurement device effects of relational change to measurement plane [0020-0024] [0025-0027] [0033]).
As per Claim 10 FARSAIE discloses A 2D laser scanner comprising at least one laser rangefinder (Figs. 1-3 capture at least 2D scanned data – at least 2D scanner with laser rangefinder – profile section spatial scanned models built in 3D point cloud data [Abstract] [0005]), wherein the 2D laser scanner is configured to record mutually assignable distance measurement values and distance measurement directions using the laser rangefinder in a measuring plane that is traversed radially by a laser beam of the laser rangefinder (Figs. 1-3 [Abstract] [0005] record measured point cloud data – plurality of distances from target object using beam scans – arcs of spherical capture [0013-0015, 0018] [0024-0025, 0027] [0033]), wherein a computing unit that is configured to execute (computer 20 Fig. 1 [0016])
FARSAIE in view of SAKAMAKI discloses the method according to claim 1 (See said analysis for Claim 1).
As per Claim 11 FARSAIE discloses A system comprising a 2D laser scanner, the 2D laser scanner comprising at least one laser rangefinder (Figs. 1-3 capture at least 2D scanned data – at least 2D scanner with laser rangefinder – profile section spatial scanned models built in 3D point cloud data [Abstract] [0005]), wherein the 2D laser scanner is configured to record mutually assignable distance measurement values and distance measurement directions by means of the laser rangefinder in a measuring plane traversed radially by a laser beam of the laser rangefinder (Figs. 1-3 3D scanner with 2D capabilities [Abstract] [0005] record measured point cloud data – plurality of distances from target object using beam scans – arcs of spherical capture [0013-0015, 0018] [0024-0025, 0027] [0033]), as well as a computing unit, which is configured to execute (computer 20 Fig. 1 [0016])
FARSAIE in view of SAKAMAKI discloses the method according to claim 1 (See said analysis for Claim 1).
As per Claim 12 FARSAIE discloses The method according to claim 1, wherein the reference plane is one of a horizontal and a vertical reference plane (Figs. 1-3 [Abstract] [0005] [0013-0015, 0018] reference planes horizontal/vertical – angle tilt for measurement device effects of relational change to measurement plane [0020-0024] [0025-0027] [0033]).
Claims 2, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over FARSAIE (US Pub. No.: 2009-0251680) in view of SAKAMAKI et al. (US Pub. No.: 2018-0299558), as applied in Claims 1, 6, 10-12, and further in view of FESSLER (US. Pub. No.: 2014-0283399)
As per Claim 2 FARSAIE discloses The method of claim 1, wherein
FARSAIE and SAKAMAKI do not disclose but FESSLER discloses the angle of inclination of the measuring plane is determined in a calibration measurement (Figs. 1-2 [0045] [0072])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the angle of inclination of the measuring plane is determined in a calibration measurement as taught by FESSLER into the system of FARSAIE and SAKAMAKI because of the benefit taught by FESSLER to include calibrating a laser system for future accurate measurements whereby FARSAIE and SAKAMAKI are directed towards measurements with laser systems and would benefit from the including of component and system calibration to improve upon more accurate measurement outcomes.
As per Claim 9 FARSAIE discloses The method according to claim 1, wherein
FARSAIE and SAKAMAKI do not disclose but FESSLER discloses the determined angle of inclination of the measuring plane is refined or compensated using a sensor (Figs. 1-6 [0025] [0045] [0072]) (The motivation that applied in Claim 2 applies equally to Claim 9).
Allowable Subject Matter
Claims 3-5, 7-8 is/are objected to as being dependent upon the rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 3-5, 7-8 is/are allowed. The following is an examiner’s statement of reasons for allowance:
As per Claim 3 the prior art of record either alone or in reasonable combination fails to teach or suggest “The method according to claim 2, wherein: in the calibration measurement a plurality of distance measurement values are also recorded at increasing and/or decreasing angles with respect to the measuring plane using the laser rangefinder in two different, non-parallel distance measuring directions in each case in addition to a distance measurement value in the measuring plane; a minimum value of the plurality of distance measurement values is determined; a direction-dependent angular deviation is determined using the minimum value and the distance measurement value of the plurality of distance measurement values in the measuring plane for the respective distance measuring direction; and an angle of inclination of the measuring plane with respect to the reference plane is calculated from the two direction-dependent angular deviations and the angular distance between the two distance measurement directions" These limitations in combination with the other limitations of the independent claim are thus deemed allowable.
As per Claim 4 the prior art of record either alone or in reasonable combination fails to teach or suggest “The method according to claim 3, wherein the two different distance measurement directions are orthogonal to each other" These limitations in combination with the other limitations of the independent claim are thus deemed allowable.
As per Claim 5 the prior art of record either alone or in reasonable combination fails to teach or suggest “The method of claim 3, wherein the plurality of distance measurement values are recorded at increasing and/or decreasing angles with respect to the measuring plane during manual or automatic tilting of the laser rangefinder, in particular of the 2D laser scanner" These limitations in combination with the other limitations of the independent claim are thus deemed allowable.
As per Claim 7 the prior art of record either alone or in reasonable combination fails to teach or suggest “The method according to claim 6, wherein determining the angle of inclination comprises: compensating a distortion of the profile section resulting from a variation in the angle of inclination; and determining the angle of inclination by simulation in response to the compensation" These limitations in combination with the other limitations of the independent claim are thus deemed allowable.
As per Claim 8 the prior art of record either alone or in reasonable combination fails to teach or suggest “The method according to claim 6, wherein the angle of inclination is determined by trigonometric calculation from two distance measurement values in different and non-parallel distance measurement directions as well as the angular distance between these distance measurement directions" These limitations in combination with the other limitations of the independent claim are thus deemed allowable.
The closest prior art of record FARSAIE (US Pub. No.: 2009-0251680) for Claims 3-5, 7-8 does not teach all the elements in combination with the other limitations of the independent claim. FARSAIE only discloses determining a profile section of an object or space using a 2D laser scanner having a laser rangefinder. The prior art further teaches recording mutually assignable distance measurement values and distance measurement directions using the laser rangefinder in a measuring plane traversed radially by a laser beam of the laser rangefinder, determining the profile section from the distance measurement values and distance measurement directions, and determining an angle of inclination of the measuring plane with respect to a reference plane, in particular a horizontal or a vertical reference plane.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EILEEN M ADAMS whose telephone number is 571-270-3688. The examiner can normally be reached on Monday-Friday from 8:30-5:00 EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, William Vaughn can be reached on (571) 272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4688.
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/EILEEN M ADAMS/Primary Examiner, Art Unit 2481