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 § 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, 9 and 10 recites the limitation "estimate a surveying condition based on the environmental data;" in line 4 and line 10 also mentioned “a surveying condition”. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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 nonobviousness.
Claims 1, 9, 10 are rejected under 35 U.S.C. 103 as being unpatentable over Hunter (Patent No.: US 11,199404 B1) and further in view of BONFIGT (Pub. No.: US 2023/0259826 A1).
With respect to claim 1:
Hunter discloses a surveying system comprising a surveying apparatus being configured to perform surveying (fig. 1, item 106 (an accuracy geo-positioning) is a surveying device as in col.1, line 48-50); a camera being configured to obtain a photographic image of a surveying target (fig. 1, item 104); and a processor or circuitry being configured to acquire environmental data of a site at which the surveying is performed (fig. 1, item P is a processor that acquire data as in col.4, line 34-45); and store (fig. 1, item M is a memory for storing) a surveying condition that is set in the surveying apparatus, the photographic image of the surveying target, which is obtained by the camera, and the environmental data, in association with each other (col. 4, line 34-45).
Hunter does not explicitly disclose estimate a surveying condition based on the environmental data; determine an appropriateness of the estimate based on results of the surveying; and in a case in which the estimate is determined as being appropriate.
BONFIGT discloses estimate a surveying condition based on the environmental data; determine an appropriateness of the estimate based on results of the surveying; and in a case in which the estimate is determined as being appropriate (parag. 0004, 0009 and 0017). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to utilize the teaching od BONFIGT into the teaching of Hunter thereby estimating an environmental condition.
With respect to claim 9:
Hunt discloses a surveying method comprising: performing surveying by using a surveying apparatus (fig. 1, item 106 (an accuracy geo-positioning) is a surveying device as in col.1, line 48-50); obtaining a photographic image of a surveying target (fig. 1, item 104); acquiring environmental data of a site at which the surveying is performed (fig. 1, item P is a processor that acquire data as in col.4, line 34-45); and storing (fig. 1, item M is a memory for storing) a surveying condition that is set in the surveying apparatus in performing the surveying, the obtained photographic image of the surveying target, and the environmental data, in association with each other (col.4, line 34-45).
Hunter does not explicitly disclose estimate a surveying condition based on the environmental data; determine an appropriateness of the estimate based on results of the surveying; and in a case in which the estimate is determined as being appropriate.
BONFIGT discloses estimate a surveying condition based on the environmental data; determine an appropriateness of the estimate based on results of the surveying; and in a case in which the estimate is determined as being appropriate (parag. 0004, 0009 and 0017). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to utilize the teaching od BONFIGT into the teaching of Hunter thereby estimating an environmental condition.
With respect to claim 10:
Hunt discloses a non-transitory computer recording medium storing computer executable instructions, the computer executable instructions being made to, when read and executed by a computer processor, cause the computer processor to: make a surveying apparatus perform surveying (fig. 1, item 106 (an accuracy geo-positioning) is a surveying device as in col.1, line 48-50); obtain a photographic image of a surveying target (fig. 1, item 104); acquire environmental data of a site at which the surveying is performed (fig. 1, item P is a processor that acquire data as in col.4, line 34-45); and store (fig. 1, item M is a memory for storing) a surveying condition that is set in the surveying apparatus in performing the surveying, the obtained photographic image of the surveying target, and the environmental data, in association with each other (col. 4, line 34-45).
Hunter does not explicitly disclose estimate a surveying condition based on the environmental data; determine an appropriateness of the estimate based on results of the surveying; and in a case in which the estimate is determined as being appropriate.
BONFIGT discloses estimate a surveying condition based on the environmental data; determine an appropriateness of the estimate based on results of the surveying; and in a case in which the estimate is determined as being appropriate (parag. 0004, 0009 and 0017). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to utilize the teaching of BONFIGT into the teaching of Hunter thereby estimating an environmental condition.
Claims 2-8 are rejected under 35 U.S.C. 103 as being unpatentable over Hunter (Patent No.: US 11,199404 B1), BONFIGT (Pub. No.: US 2023/0259826 A1),
as applied to claim 1 above, and further in view of Bryezkowski (Pub. No.: US 2024/0061638 A1).
With respect to claims 2, 3:
The rejection of claim 1 is incorporated; Hunter and BONFIGT do not explicitly disclose wherein the processor or circuitry is further configured to: generate learning data by associating the surveying condition that is set in the surveying apparatus, the photographic image of the surveying target, which is obtained by the camera, and the environmental data, with each other; and generate an AI-estimated model to be used for estimating a new surveying condition that is set in the surveying apparatus, based on a photographic image of the surveying target and environmental data that are newly obtained.
Bryezkowski discloses generate an AI-estimated model to be used for estimating a new surveying condition that is set in the surveying apparatus, based on a photographic image of the surveying target and environmental data that are newly obtained (parag. 0033).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to utilize the teaching of Bryezkowski into the teaching of Hunter in view of BONFIGT in order to efficiently managing critical incidents in a timely and efficient manner.
With respect to claim 4:
Hunter discloses the surveying system of claim 1, wherein, in response to performing surveying by the surveying apparatus, the surveying condition that is set in the surveying apparatus, the photographic image of the surveying target, which is obtained by the camera, and the environmental data, are stored in association with each other (col. 2, line 12-19, and col.7, line 64-col.8, line 5).
With respect to claim 5:
Hunter discloses the surveying system of claim 1, further comprising a GNSS position measurement device that is configured to perform surveying of a position based on a navigation signal from a GNSS navigation satellite, at least one piece of the environmental data being acquired based on position information obtained in surveying by the GNSS position measurement device (col.5, line 63-col.6, line 13).
With respect to claim 6:
Hunter discloses the surveying system of claim 1, wherein at least one piece of the environmental data is acquired based on position information obtained from the surveying target (col.1, line 48-col.2, line 11).
With respect to claim 7:
Hunter discloses the surveying system of claim 1, further comprising a GNSS position measurement device that is configured to measure a position based on a navigation signal from a GNSS navigation satellite, the environmental data containing data of weather at a site at which the surveying is performed, the data of weather at the site at which the surveying is performed, being acquired from the Internet, based on information of the position measured by the GNSS position measurement device (col.5, line 63-col.6, line 13).
With respect to claim 8:
Hunter discloses the surveying system of claim 1, wherein the processor or circuitry is further configured to estimate the surveying condition based on the environmental data, appropriateness of the estimation is determined based on result of the surveying, and in a case in which the estimation is determined as being appropriate, the surveying condition that is set in the surveying apparatus, the photographic image of the surveying target, which is obtained by the camera, and the environmental data, are stored in association with each other (col.5, line 41-col. 6, line 13).
Response to Arguments
Applicant’s arguments with respect to claims 1, 9 and 10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding claims 1, 9 and 10, a surveying condition cannot be in a single claim twice therefore examiner consider all independent claims as a new ground of rejection
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 AJIBOLA A AKINYEMI whose telephone number is (571)270-1846. The examiner can normally be reached Monday-Friday 8:00am-5:00pm, EST.
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/AJIBOLA A AKINYEMI/Primary Examiner, Art Unit 2649
