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
This office action is in regards to application # 18/273,474 that was filed on 07/20/2023. Claims 1-20 are currently pending and are under examination.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
It is not clear to the examiner what the preamble of independent claims 1, 9, and 17 mean. What does the ‘change’ “A building change detection device” in claim 1, “A building change detection system” in claim 9, and “A building change detection method” refers to. How can a building change? Is the word ‘building’ being used as a noun or a verb in the preamble? Is it a change in the construction progress, deformation, color, or a different kind of change? Appropriate correction/clarification required.
All dependent claims are rejected under the same rationale as the rejection of their respective rejected independent claims solely due to their dependency from the rejected parent independent claims.
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)(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) 1-2, 4, 9-10, 12, 17-18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gong et al. (CN107402001A) (Submitted on IDS dated 07/20/2023) (see attached English Translation).
Regarding claims 1 and 9 , as best understood, Gong discloses a building change detection device and system comprising: at least one memory configured to store instructions (memory, par4a. [0121], “data storage and transmission module 240”, para. [0116], see English translation); and at least one processor (‘computer and server’, para. [0017])configured to execute the instructions to:
acquire measurement data indicating a result of a measurement based on applied laser light being applied to a measurement target region including a building (para. [0121, laser scanners, Fig. 4, Fig. 6; 100, Fig. 1, para. [0073]), and reflected laser light being reflected by the measurement target region (para. [0088], “…The 3D digitization module 230 for scanning data is used to establish a complete 3D geometric model of a super high-rise building based on a complete point cloud data model…”),
generate a building model being a three-dimensional point group model of the building by using the measurement data(para. [0088], “…The 3D digitization module 230 for scanning data is used to establish a complete 3D geometric model of a super high-rise building based on a complete point cloud data model…”, para. [0119], “…this invention utilizes a novel technical means of lidar detection and ranging technology, namely 3D laser scanning technology.
This technology allows for the rapid acquisition of three-dimensional coordinate point cloud data of the surface of the object being measured, with large area, high precision, and non-contact operation.”),
acquire a building reference model being a reference model of the building based on reference information about the building (“digitized design model”, para. [0099]) , and
perform control for displaying a first image including the building reference model and the building model (para. [0099], “…. The construction deviation digital inspection subsystem 200 is used to analyze the deviation between the 3D scanned model and the digitized design model, and to obtain the inspection and evaluation of the construction progress, location and dimensional deviations of the super high-rise building.”, via 280, para. [0115], “…so as to obtain the 3D deformation cloud map of the building structure during the construction period.”); para. [0117], “…Using a 3D digital display and output module 290, the construction progress, location, and geometric deviations are visualized in 3D based on the construction progress deviation, conventional measurement error, structural position deviation, construction size deviation, and 3D deformation cloud map of the building structure during the construction period”)).
Regarding claims 2, 4, 10, and 12 , as best understood, Gong discloses a building change detection device and system wherein the building reference model and the building model are displayed in a comparable manner with each other in the first image; wherein the building model is displayed over the building reference model in the first image. (i.e. the 3D digitizing display and output module (290) is configured to display a 3D scan model and a 3D design model in a superimposed manner for the purpose of comparison (para. [0094], para, [0117], [0115]).
Regarding claim 17 , as best understood, the method claim 17 is rejected under the same rational as the rejection of apparatus and systems claims of claim 1 and 9.
Regarding claim 18, as best understood, the method claim 18 is rejected under the same rational as the rejection of apparatus and systems claims of claim 2 and 10.
Regarding claim 20, as best understood, the method claim 20 is rejected under the same rational as the rejection of apparatus and systems claims of claim 4 and 12.
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) 3, 11, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong et al. (CN107402001A) in view of Yasuhiro et al. (JP2010085131A) (submitted on an IDS dated 07/20/2023).
Regarding Claim 3 and 11, as best understood, Gong discloses a building change detection device and system wherein the building reference model and the building model are displayed in a comparable manner with each other in the first image; wherein the building model is displayed over the building reference model in the first image. (i.e. the 3D digitizing display and output module (290) is configured to display a 3D scan model and a 3D design model in a superimposed manner for the purpose of comparison (para. [0094], para, [0117], [0115]).
Gong is silent, but Yasuhiro teaches outputting a comparison of 3D models in such a manner that the 3D models are arrayed along the vertical direction, the horizontal direction, or the like (i.e., side by side) (para. [0019] (see English translation)). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the comparative displaying of 3D models disclosed in Gong with the comparative side by side displaying of 3D models taught in Yasuhiro with a reasonable expectation of success because it allows to clearly visualize the 3D model without interference and clearly identify differences and evaluate progress.
Regarding claim 19, as best understood, the method claim 19 is rejected under the same rational as the rejection of apparatus and systems claims of claim 3 and 11.
Claim(s) 5-6 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong et al. (CN107402001A).
Regarding Claims 5-6 and 13-14, as best understood, Gong discloses a building change detection device and system for skyscraper construction. The system and device are provided with: a construction-progress-deviation verification module (250) that inspects deviations in the progress of construction; and a construction-shape-change monitoring module (280) that performs comparative analysis between the surface of a skyscraper 3D geometric model in the current construction status and the surface of the skyscraper 3D geometric model in a previous construction status/periods (para. [0093], para. [0094], para, [0117],). Furthermore, the deviation-digitizing inspection system and method for skyscraper construction, disclosed in Gong, a 3D scan model and a 3D design model are displayed in a superimposed manner for the purpose of comparison concerning the body, local structures, and target sets of a skyscraper. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention comparatively display the 3D models disclosed in Gong to display a 3D scan model and a 3D design model in a superimposed manner for the purpose of comparison at a plurality of timings with a reasonable expectation of success because it allows to visualize the construction progress in a plurality of points in time.
Claim(s) 7-8 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified Gong et al. (CN107402001A) in view of Yasuhiro et al. (JP2010085131A).
Regarding Claim 7 and 15, as best understood, modified Gong discloses a building change detection device and system wherein the plurality of building reference model and the plurality of building model are displayed in a comparable manner with each other in an image; wherein the building model is displayed over the building reference model in the image. (i.e. the 3D digitizing display and output module (290) is configured to display a 3D scan model and a 3D design model in a superimposed manner for the purpose of comparison (para. [0094], para, [0117], [0115]).
Modified Gong is silent, but Yasuhiro teaches outputting a comparison of 3D models in such a manner that the 3D models are arrayed along the vertical direction, the horizontal direction, or the like (i.e., side by side) (para. [0019] (see English translation)). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the comparative displaying of the plurality of 3D models disclosed in modified Gong with the side by side comparative displaying of 3D models taught in Yasuhiro with a reasonable expectation of success because it allows to clearly visualize the 3D model without interference and clearly identify differences and evaluate progress over different times.
Regarding claims 8 and 16 , as best understood, modified Gong discloses a building change detection device and system wherein the plurality of building reference model and the building model are displayed in a comparable manner with each other in the first image; wherein the plurality of building models are displayed over the plurality of building reference model in the first image. (i.e. the 3D digitizing display and output module (290) is configured to display a 3D scan model and a 3D design model in a superimposed manner for the purpose of comparison (para. [0094], para, [0117], [0115]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Tang et al. (US 2017/0337299) discloses a systems and methods for automated spatial change detection and control of buildings and construction sites using three-dimensional laser scanning data..
Shouji et al. NPL “.Building Change Detection Using Old Aerial Images and New LiDAR Data” discloses building change detection is important for urban area monitoring, disaster assessment and updating geo-database. 3D information derived from image dense matching or airborne light detection and ranging (LiDAR) is very effective for building change detection. However, combining 3D data from different sources is challenging, and so far few studies have focused on building change detection using both images and LiDAR data. This study proposes an automatic method to detect building changes in urban areas using aerial images and LiDAR data. First, dense image matching is carried out to obtain dense point clouds and then co-registered LiDAR point clouds using the iterative closest point (ICP) algorithm. The registered point clouds are further resampled to a raster DSM (Digital Surface Models). In a second step, height difference and grey-scale similarity are calculated as change indicators and the graph cuts method is employed to determine changes considering the contexture information. Finally, the detected results are refined by removing the non-building changes, in which a novel method based on variance of normal direction of LiDAR points is proposed to remove vegetated areas for positive building changes (newly building or taller) and nEGI (normalized Excessive Green Index) is used for negative building changes (demolish building or lower).
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Assres H. Woldemaryam
Primary Examiner (Aeronautics and Astronautics)
Art Unit 3642
/ASSRES H WOLDEMARYAM/Primary Examiner, Art Unit 3642