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
Applicant’s amendments, filed 12/19/2025, have been entered and reviewed by the examiner. The examiner notes the amendment to claim 1 and the cancellation of claim 10. Claims 1-9 and 11-20 are pending in the instant application.
Response to Arguments
Applicant's arguments filed 12/19/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to the Lipinski reference, arguing that the reference fails to disclose the robotic system alters the application of the insulation or finish in response to real-time feedback, citing 0173 of Lipinski. The examiner disagrees for the reasons set forth in the prior office action.
Paragraph 0051 explicitly discloses “the means to create and follow a set of instructions, that includes where to apply insulation, how much insulation will be deposited and surface finishes; the means to calibrate the robot's position against the instructions by using visual markers or 3D space markers; real time position sensing, orientation and automatic head adjustment”, which would read on the controller using real time sensor feedback to control the application.
Additionally, 0147 of Lipinski explicitly discloses “computer controlled device (40) in different positions; with a laser range finder attached (49); which provides distance feedback (50) to the surface of the foam (48); if the distance before and after each layer is measured and the position of the computer controlled device known then the depth of the insulation can be calculated and used to control subsequent applications of the material being applied.” Such is real-time sensor feedback as noted by the claims.
Here, the contrary to the applicant’s assertion, the prior art does meet the claim requirement because all that is required is the alters the application of the insulation (changes the application) based on real-time sensor feedback, which is specifically taught by the prior art, i.e. real time data from a sensor is feedback. It appears that the applicant is either not taking into consideration the level of one of ordinary skill in the art at the time of the invention as it relates to process control and controlling the robot or are narrowly reading the claim as drafted to encompasses a specific embodiment that is not claimed by the applicant (i.e. continuously controlling the application based on real time data from a sensor). Even if such is claims by the applicant, the examiner notes that such is explicitly taught by Paragraph 0051 of Lipinksi and such is met by “real time position sensing, orientation and automatic head adjustment”. At the very least, such would have been obvious to one of ordinary skill in the art familiar with the controlling systems taking into consideration the full disclosure of Lipinski.
Applicant’s arguments with respect to claim 8 are noted, specifically arguing that the prior art is silent with respect to the prior art failing the modifying the deployment plan related to obstacles. The examiner disagrees based on the explicit statement of paragraph 0072, which discloses mapping and determining the perimeter of the cavity, obstructions, cabling, other issues using the robot to map.
As for the argument related to the prior art disclosure of interior versus exterior, the examiner disagrees and noted the cavity of Lipinski can reasonably read on the exterior as claimed, exterior to the building.
Applicant argues that the prior art fails to disclose information related to the texture of the ceiling, arguing that the floor joists are integral part of the floor system and therefore does not read on the claim as drafted. Here, the examiner disagrees and notes that the floor joists create a texture as claimed that is measured and the information is provided.
Applicant’s arguments that the prior art is configured to replicate surface texture or ornamentation, the examiner disagrees and notes the reference discloses the robotic system is “provides texture, colour and protection from the elements. Patterns such as stone walls, pebble dash or brick work may be applied to give the construction a more natural appearance.”, see e.g. 0039-0040.
Applicant’s arguments with respect to Lipinksi, stating the reference does not disclose a proximity sensor, the examiner disagrees and notes the use of sensor for sensing the position (i.e. proximity sensor) using rangefinder, etc. and such is a proximity sensor within the broadly drafted requirements of the claims.
Applicant argues that the prior art fails to disclose a system that includes an application head that both senses a characteristic and applies the insulation. The examiner notes the prior art discloses an application turret does both the application and the sensing and therefore meets the claims as broadly drafted. At the very least, Hargadon discloses the application head including the sensor and being fully autonomous (abstract, Figure 1, 3A and accompanying text) and therefore taking the references collectively it would have been obvious to include the various mechanisms, including the sensors and shaping tools on the robot head to achieve fully autonomous application.
Applicant argues that the prior art Koivuharju fails to disclose the information is presented to the use through a VR system, specifically arguing that control over the UAV is not the same as presentation of the invention. The examiner notes that the control over the robot using VR system would encompass presentation of information, otherwise no control would exist. Please note that the test of obviousness is not an express suggestion of the claimed invention in any or all references, but rather what the references taken collectively would suggest to those of ordinary skill in the art presumed to be familiar with them (In re Rosselet, 146 USPQ 183).
Claim Rejections - 35 USC § 102
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.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9, 12-13, 16-17, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication 20160121486 by Lipinski et al.
Claim 1: Lipinski discloses a method for building envelope retrofits (abstract, “covering a surface of a building”), the method comprising:
sensing, by a robotic system, at least one characteristic of an exterior of a building (0032, 0072, Figure 33 and accompanying text); and
in response to the at least one sensed characteristic, adjusting application of insulation or finish to the exterior by the robotic system (see e.g. 0072, 0185-0188, Figure 33 and accompanying text).
Lipinski discloses the robotic system is configured to alter the application of the insulation or finish to the exterior of the building in response to real- time sensor feedback (“real time position sensing, orientation and automatic head adjustment” at 0051, “depth feedback”). Examiner incorporates herein by reference in its entirety the Response to Arguments section as it relates to the claims.
Claim 2: Lipinski discloses the robotic system comprises a 3D-articulated robot that applies the insulation or finish (see e.g. Figure 4, Figure 11-12 and accompanying text).
Claim 3: Lipinski discloses the 3D-articulated robot adjusts thickness of the insulation or finish in response to the at least one sensed characteristic (Figure 9.
Claim 4: Lipinski discloses the at least one sensed characteristic is thickness of the insulation or finish (0024).
Claim 5: Lipinski discloses the at least one sensed characteristic being sensed comprises one of deviations in building materials, discontinuities in building materials, or thermal or moisture conditions of the exterior of the building (0052, 0174 relates to sensing the contours of the building).
Claim 6: Lipinski discloses scanning, by the robotic system, the exterior of the building to obtain information about the at least one sensed characteristic of the exterior of the building; and generating a 3D model of at least a portion of the building based at least in part upon the information, wherein the application of the insulation or finish is based upon the 3D model (0051-0052, 0171 related to 3D map, Figure 31).
Claim 7: Lipinski comprising generating a deployment plan based upon the 3D model of the building, wherein the application of the insulation or finish to the exterior of the building by the robotic system is based upon the deployment plan (0051 related to create and follow set of instructions that includes where to apply, how much, surface finish, etc).
Claim 8: Lipinski discloses identifying obstacles or anomalies in the building based upon the information about the building, wherein the deployment plan is modified based upon the identified obstacles or anomalies (0072 related to “obstacles” and feedback control)
Claim 9: Lipinski discloses the application of the insulation or finish by the robotic system is autonomously controlled based upon the deployment plan (automated robotic device at 0053, see also 0051 related to automatically positioning, 00054 related to automation)
Claim 12: Lipinski discloses the information about the building comprises surface texture or ornamentation of the building (see 0171 related to measure ceiling which measures “texture” as claimed including joists).
Claim 13: Lipinski discloses robotic system is configured to replicate the surface texture or ornamentation in the insulation or finish (see 0039-0040, 0136).
Claim 16: Lipinski discloses the robotic system comprises a scaffold-bound robot, an x-y-z-stage mounted robot, an electrostatic adhesion robot, or a free-climbing robot that applies the insulation or finish (see e.g. Figure 7, 8, 11).
Claim 17: Lipinski discloses the robotic system comprises at least one of a proximity sensor or a coating thickness sensor to obtain at least a portion of the at least one sensed characteristic of the exterior of the building (Figure 33 and accompanying text, 0024, 0052).
Claim 19: Lipinski discloses the robotic system comprises a turret or application head configured to sense at least a portion of the at least one sensed characteristic of the exterior of the building and to apply the insulation or finish to the exterior of the building (0024, 0051, Figure 11-15, reasonably reads on the broadly drafted “application head” or “turret” as the prior art discloses a robot that senses and applies as claimed).
Claim 20: Lipinski discloses the wherein the turret or application head comprises a molding, shaping, or routing tool for finishing the insulation or finish (figures 11-15 and accompanying text, see e.g. Figure 13 related to shaping with cutting tool).
Claim Rejections - 35 USC § 103
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.
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) 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lipinski taken collectively with WO 2020260877, hereinafter WO 877.
Claim 11: Lipinski discloses all that is taught above; however, fails to disclose the 3D point cloud. However, WO 877, also in the art of building retrofit insulation using robotics (0031) and discloses scanning the building element using a rangefinder system (such as taught by Lipinski) and discloses that such can include a 3D point cloud (0074) and therefore taking the references collectively it would have been obvious to have modified Lipinski to use the 3D point cloud as such is taught by WO 877 as a known and suitable method for 3D model of the building.
Claim 18: Lipinski fails to disclose the thermal sensor. However, WO 877, as discussed above, discloses the scanning and mapping of the existing building and discloses forming the 3D point cloud for the 3D model and discloses using various sensors including spatial, optical and thermal and therefore it would have been obvious to have modified Lipinski to include the thermal sensor as claimed to build/achieve the 3D mapping of the building.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lipinski taken collectively with GB 2551565, hereinafter GB 565.
Claim 14: Lipinski discloses all that is taught above and disclose control over the robot for surface treatment; however fails to disclose the information about the building is presented to a user through one of a virtual reality (VR) system, an augmented reality (AR) system, or a mixed reality (MR) system based upon the 3D model of the building. However, GB 565, also in the art of surface treatment using a robot (page 5, lines 9-30), including insulation, and discloses transmitting the information via VR system (column 15, lines 34-35) and therefore taking the references collectively, it would have been obvious to have modified Lipinski to include a VR system to achieve control over the robotic application.
Claim 15: Lipinski discloses all that is taught above and discloses robotic application of insulation and finishing coatings to buildings; however, fails to discloses airborne robot as claimed. However, GB 565 discloses using an airborne robot to apply insulation and/or coatings to e.g. building (page 5, lines 9-30, abstract, Figure 9 and accompanying text) and therefore taking the references collectively, it would have been obvious to modify Lipinski to use an airborne robot as suggested by GB 565 as GB 565 explicitly discloses airborne robots to apply coatings to buildings will provide predictable results.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lipinski taken collectively with US Patent Application Publication 20150344136 by Dahlstrom, hereinafter Dahlstrom.
Lipinski discloses all that is taught above and discloses robotic application of insulation and finishing coatings to buildings; however, fails to discloses airborne robot as claimed. However, Dahlstrom discloses using an airborne robot to apply insulation and/or coatings to e.g. building (0030) and therefore taking the references collectively, it would have been obvious to modify Lipinski to use an airborne robot as suggested by Dahlstrom as Dahlstrom explicitly discloses airborne robots to apply coatings to buildings will provide predictable results.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lipinski taken collectively with US Patent Application Publication 20190255551 by Hargadon.
Examiner maintains the position as set forth above; however, Hargadon discloses the application head including the sensor and being fully autonomous (abstract, Figure 1, 3A and accompanying text) and therefore taking the references collectively it would have been obvious to include the various mechanisms, including the sensors and shaping tools on the robot head to achieve fully autonomous application.
Conclusion
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 DAVID P TUROCY whose telephone number is (571)272-2940. The examiner can normally be reached Mon, Tues, Thurs, and Friday, 7:00 a.m. to 5:30 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at 571-272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID P TUROCY/Primary Examiner, Art Unit 1718