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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/04/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 8, 9, 15, and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 13, and 16 of U.S. Patent No. 11,526,744 in view of Kim et al. ("Automated construction progress measurement using a 4D building information model and 3D data") and Fard et al. ("Visualization of Construction Progress Monitoring with 4D Simulation Model Overlaid on Time-Lapsed Photographs").
Instant application:
Patent: 11526744
1. A method comprising:
generating, by a computer system, a three-dimensional (3D) visualization of a building structure that is undergoing construction, wherein the 3D visualization captures a state of the building structure that includes an object;
determining, by the computer system, a spatial location of the object in the building structure;
mapping, by the computer system, the object of the building structure to an expected object at an expected state in a 3D model of the building structure, wherein the mapping is based on the spatial location of the object;
detecting, by the computer system, a discrepancy between a physical property of the object of the building structure and an expected physical property of the expected object in the 3D model;
determining that the discrepancy exceeds a predetermined threshold, wherein to exceed the predetermined threshold indicates that the discrepancy constitutes a reportable error; and
in response to determining that the discrepancy constitutes a reportable error:
determining a modification to the building structure to compensate for the discrepancy between the physical property of the object and the expected physical property of the expected object in the 3D model;
adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure; and
sending a message that reports the discrepancy and the modification to the building structure.
A method for monitoring construction of a building, the method comprising:
receiving, by a computer system, training data that includes three dimensional training point data that corresponds to a plurality of objects associated with a training building and that includes image data that corresponds to a plurality of images of the objects associated with the training building, wherein each point of the three dimensional training point data represents a three dimensional coordinate that corresponds to a surface point of one of the objects associated with the training building, and wherein the training data includes data that identifies and labels the objects including a structural component and a plumbing component associated with the training building;
generating a convolution neural network, by the computer system;
training the convolution neural network, by the computer system, based on the training data and the data that identifies and labels the objects including the structural component and the plumbing component;
receiving, by the computer system, building object data that includes three dimensional point data after a LIDAR system scans objects associated with a building under construction to determine the three dimensional point data;
receiving, by the computer system, building object image data that corresponds to images of the objects associated with the building after an imaging device acquires the images of the objects associated with the building;
analyzing, by the computer system, by use of the convolution neural network, the building object data and the building object image data to identify the objects associated with the building and to determine physical properties of the objects associated with the building;
receiving, by the computer system, building design data that represents physical design plans associated with the building;
determining a mapping, by the computer system, of the objects associated with the building to objects associated with the physical design plans of the building;
comparing, by the computer system, physical properties of the objects associated with the building to physical properties of the objects associated with the physical design plans of the building;
based on the comparison, detecting, by the computer system, a discrepancy in an installation of a primary object based on a difference between a physical property of the primary object associated with the building and a corresponding physical property of a corresponding object associated with the physical design plans of the building;
determining that the discrepancy exceeds a predetermined threshold indicating that the discrepancy constitutes a reportable error; and
in response to determining that the discrepancy constitutes a reportable error:
determining a secondary object for removal or modification to compensate for the discrepancy in an installation of the primary object, wherein the secondary object is different from the primary object, and
adjusting a schedule for construction and a cost estimate to compensate for an impact of the discrepancy in the installation of the primary object and to compensate for the removal or modification of the secondary object, and
sending a message, by the computer system, that indicates the discrepancy in an installation of the primary object.
9. The computing system of claim 8 being caused to perform operations including:
adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure; and
13. A computing system comprising:
at least one hardware processor; and
at least one non-transitory memory storing instructions, which, when executed by the at least one hardware processor, cause the computing system to:
receive training data that includes three dimensional training point data that corresponds to a plurality of objects associated with a training building and that includes image data that corresponds to a plurality of images of the objects associated with the training building, wherein each point of the three dimensional training point data represents a three dimensional coordinate that corresponds to a surface point of one of the objects associated with the training building, and wherein the training data includes data that identifies and labels the objects including a structural component and a plumbing component associated with the training building;
generate a convolution neural network; train the convolution neural network based on the training data and the data that identifies and labels the objects including the structural component and the plumbing component;
receive building object data that includes three dimensional point data after a LIDAR system scans objects associated with a building under construction to determine the three dimensional point data;
receive building object image data that corresponds to images of the objects associated with the building after an imaging device acquires the images of the objects associated with the building;
analyze by use of the convolution neural network, the building object data and the building object image data to identify the objects associated with the building and to determine physical properties of the objects associated with the building;
receive building design data that represents physical design plans associated with the building;
determine a mapping of the objects associated with the building to objects associated with the physical design plans of the building;
compare physical properties of the objects associated with the building to physical properties of the objects associated with the physical design plans of the building;
based on the comparison, detect a discrepancy in an installation of a primary object based on a difference between a physical property of the primary object associated with the building and a corresponding physical property of a corresponding object associated with the physical design plans of the building;
determine that the discrepancy exceeds a predetermined threshold indicating that the discrepancy constitutes a reportable error; and
in response to the determination that the discrepancy constitutes a reportable error:
determine a secondary object for removal or modification to compensate for the discrepancy in an installation of the primary object, wherein the secondary object is different from the primary object, and
adjust a schedule for construction and a cost estimate to compensate for an impact of the discrepancy in the installation of the primary object and to compensate for the removal or modification of the secondary object, and
send a message that indicates the discrepancy in an installation of the primary object.
8. A computing system comprising:
a processor; a network interface coupled to the processor; and
a memory coupled to the processor and storing instructions which, when executed by the processor, cause the computing system to perform operations including:
receiving, via the network interface, sensor data determined based on sensor readings of a building structure, wherein the sensor data indicates a physical property of an object associated with the building structure;
analyzing the sensor data to determine a mapping between the object of the building structure and a corresponding object of a three-dimensional (3D) model of the building structure;
detecting a discrepancy between a physical property of the object of the building structure and a physical property of the corresponding object of the 3D model;
determining that the discrepancy constitutes a reportable error; and
in response to determining that the discrepancy constitutes a reportable error:
determining a modification to the building structure to compensate for the discrepancy between the object and the corresponding object in the 3D model;
adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure; and
sending a message that reports the discrepancy and the modification to the building structure.
13. A computing system comprising:
at least one hardware processor; and
at least one non-transitory memory storing instructions, which, when executed by the at least one hardware processor, cause the computing system to:
receive training data that includes three dimensional training point data that corresponds to a plurality of objects associated with a training building and that includes image data that corresponds to a plurality of images of the objects associated with the training building, wherein each point of the three dimensional training point data represents a three dimensional coordinate that corresponds to a surface point of one of the objects associated with the training building, and wherein the training data includes data that identifies and labels the objects including a structural component and a plumbing component associated with the training building;
generate a convolution neural network; train the convolution neural network based on the training data and the data that identifies and labels the objects including the structural component and the plumbing component;
receive building object data that includes three dimensional point data after a LIDAR system scans objects associated with a building under construction to determine the three dimensional point data;
receive building object image data that corresponds to images of the objects associated with the building after an imaging device acquires the images of the objects associated with the building;
analyze by use of the convolution neural network, the building object data and the building object image data to identify the objects associated with the building and to determine physical properties of the objects associated with the building;
receive building design data that represents physical design plans associated with the building;
determine a mapping of the objects associated with the building to objects associated with the physical design plans of the building;
compare physical properties of the objects associated with the building to physical properties of the objects associated with the physical design plans of the building;
based on the comparison, detect a discrepancy in an installation of a primary object based on a difference between a physical property of the primary object associated with the building and a corresponding physical property of a corresponding object associated with the physical design plans of the building;
determine that the discrepancy exceeds a predetermined threshold indicating that the discrepancy constitutes a reportable error; and
in response to the determination that the discrepancy constitutes a reportable error:
determine a secondary object for removal or modification to compensate for the discrepancy in an installation of the primary object, wherein the secondary object is different from the primary object, and
adjust a schedule for construction and a cost estimate to compensate for an impact of the discrepancy in the installation of the primary object and to compensate for the removal or modification of the secondary object, and
send a message that indicates the discrepancy in an installation of the primary object.
15. At least one non-transitory computer-readable storage medium storing instructions, which, when executed by at least one data processor of a system, cause the system to:
capture a three-dimensional (3D) visualization of a building structure that is undergoing construction, wherein the 3D visualization represents a state of the building structure that includes an object; determine a location of the object in the building structure;
map the object of the building structure to an expected object in a 3D model of the building structure, wherein the map is based on the location of the object;
detect a discrepancy between the object of the building structure and the expected object in the 3D model;
determine that the discrepancy constitutes a reportable error; and
in response to determining that the discrepancy constitutes a reportable error:
determine a modification to the building structure to compensate for the discrepancy between the object and the expected object in the 3D model; and
send a message that reports the discrepancy and the modification to the building structure.
16. A computer-readable storage medium, excluding transitory signals and carrying instructions, which, when executed by at least one data processor of a system, cause the system to:
receive training data that includes three dimensional training point data that corresponds to a plurality of objects associated with a training building and that includes image data that corresponds to a plurality of images of the objects associated with the training building, wherein each point of the three dimensional training point data represents a three dimensional coordinate that corresponds to a surface point of one of the objects associated with the training building, and wherein the training data includes data that identifies and labels the objects including a structural component and a plumbing component associated with the training building;
generate a convolution neural network; train the convolution neural network based on the training data and the data that identifies and labels the objects including the structural component and the plumbing component;
receive building object data that includes three dimensional point data after a LIDAR system scans objects associated with a building under construction to determine the three dimensional point data;
receive building object image data that corresponds to images of the objects associated with the building after an imaging device acquires the images of the objects associated with the building;
analyze by use of the convolution neural network, the building object data and the building object image data to identify the objects associated with the building and to determine physical properties of the objects associated with the building;
receive building design data that represents physical design plans associated with the building;
determine a mapping of the objects associated with the building to objects associated with the physical design plans of the building;
compare physical properties of the objects associated with the building to physical properties of the objects associated with the physical design plans of the building;
based on the comparison, detect a discrepancy in an installation of a primary object based on a difference between a physical property of the primary object associated with the building and a corresponding physical property of a corresponding object associated with the physical design plans of the building;
determine that the discrepancy exceeds a predetermined threshold indicating that the discrepancy constitutes a reportable error; and
in response to the determination that the discrepancy constitutes a reportable error:
determine a secondary object for removal or modification to compensate for the discrepancy in an installation of the primary object, wherein the secondary object is different from the primary object, and adjust a schedule for construction and a cost estimate to compensate for an impact of the discrepancy in the installation of the primary object and to compensate for the removal or modification of the secondary object, and
send a message that indicates the discrepancy in an installation of the primary object.
19. The at least one non-transitory computer-readable storage medium of claim 15, wherein the system is further caused to:
adjust a schedule for a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure.
16. A computer-readable storage medium, excluding transitory signals and carrying instructions, which, when executed by at least one data processor of a system, cause the system to:
receive training data that includes three dimensional training point data that corresponds to a plurality of objects associated with a training building and that includes image data that corresponds to a plurality of images of the objects associated with the training building, wherein each point of the three dimensional training point data represents a three dimensional coordinate that corresponds to a surface point of one of the objects associated with the training building, and wherein the training data includes data that identifies and labels the objects including a structural component and a plumbing component associated with the training building;
generate a convolution neural network; train the convolution neural network based on the training data and the data that identifies and labels the objects including the structural component and the plumbing component;
receive building object data that includes three dimensional point data after a LIDAR system scans objects associated with a building under construction to determine the three dimensional point data;
receive building object image data that corresponds to images of the objects associated with the building after an imaging device acquires the images of the objects associated with the building;
analyze by use of the convolution neural network, the building object data and the building object image data to identify the objects associated with the building and to determine physical properties of the objects associated with the building;
receive building design data that represents physical design plans associated with the building;
determine a mapping of the objects associated with the building to objects associated with the physical design plans of the building;
compare physical properties of the objects associated with the building to physical properties of the objects associated with the physical design plans of the building;
based on the comparison, detect a discrepancy in an installation of a primary object based on a difference between a physical property of the primary object associated with the building and a corresponding physical property of a corresponding object associated with the physical design plans of the building;
determine that the discrepancy exceeds a predetermined threshold indicating that the discrepancy constitutes a reportable error; and
in response to the determination that the discrepancy constitutes a reportable error:
determine a secondary object for removal or modification to compensate for the discrepancy in an installation of the primary object, wherein the secondary object is different from the primary object, and
adjust a schedule for construction and a cost estimate to compensate for an impact of the discrepancy in the installation of the primary object and to compensate for the removal or modification of the secondary object, and
send a message that indicates the discrepancy in an installation of the primary object.
20. The at least one non-transitory computer-readable storage medium of claim 15, wherein the system is further caused to:
adjust a schedule for construction to compensate for an impact of the discrepancy or the modification to the building structure.
16. A computer-readable storage medium, excluding transitory signals and carrying instructions, which, when executed by at least one data processor of a system, cause the system to:
receive training data that includes three dimensional training point data that corresponds to a plurality of objects associated with a training building and that includes image data that corresponds to a plurality of images of the objects associated with the training building, wherein each point of the three dimensional training point data represents a three dimensional coordinate that corresponds to a surface point of one of the objects associated with the training building, and wherein the training data includes data that identifies and labels the objects including a structural component and a plumbing component associated with the training building;
generate a convolution neural network; train the convolution neural network based on the training data and the data that identifies and labels the objects including the structural component and the plumbing component;
receive building object data that includes three dimensional point data after a LIDAR system scans objects associated with a building under construction to determine the three dimensional point data;
receive building object image data that corresponds to images of the objects associated with the building after an imaging device acquires the images of the objects associated with the building;
analyze by use of the convolution neural network, the building object data and the building object image data to identify the objects associated with the building and to determine physical properties of the objects associated with the building;
receive building design data that represents physical design plans associated with the building;
determine a mapping of the objects associated with the building to objects associated with the physical design plans of the building;
compare physical properties of the objects associated with the building to physical properties of the objects associated with the physical design plans of the building;
based on the comparison, detect a discrepancy in an installation of a primary object based on a difference between a physical property of the primary object associated with the building and a corresponding physical property of a corresponding object associated with the physical design plans of the building;
determine that the discrepancy exceeds a predetermined threshold indicating that the discrepancy constitutes a reportable error; and
in response to the determination that the discrepancy constitutes a reportable error:
determine a secondary object for removal or modification to compensate for the discrepancy in an installation of the primary object, wherein the secondary object is different from the primary object, and
adjust a schedule for construction and a cost estimate to compensate for an impact of the discrepancy in the installation of the primary object and to compensate for the removal or modification of the secondary object, and
send a message that indicates the discrepancy in an installation of the primary object.
In regards to Claim 1:
The limitation: “generating, by a computer system, a three-dimensional (3D) visualization of a building structure that is undergoing construction, wherein the 3D visualization captures a state of the building structure that includes an object” is not taught by the patented claims. However, this difference is obvious because Kim teaches generating, by a computer system, a three-dimensional (3D) visualization of a building structure that is undergoing construction, wherein the 3D visualization captures a state of the building structure that includes an object (pg. 77, section 3.1 “The 3D data obtained from a construction site with remote-sensing technology include not only the as-built data on the building project itself, but also data on various objects, such as heavy equipment and materials, that are present on the construction site. Because the as-built data that are used in the construction progress measurement characterize individual structural components of a building project, the structural components must first be detected from the overall set of 3D data acquired on the construction site.” Construction progress (i.e. state).); It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the patented claims with the 3D model of a building structure of Kim. Doing so would allow for developing an accurate and fully automated method for construction progress measurement with 3D data obtained from an actual construction site, thereby demonstrating that construction progress can be effectively measured (Kim Abs.).
The limitation: “determining, by the computer system, a spatial location of the object in the building structure” is not taught by the patented claims. However, this difference is obvious because Kim teaches determining, by the computer system, a spatial location of the object in the building structure (pg. 77, section 3.1.1. “The 3D data obtained by use of the laser scanner include not only position information (x, y, and z coordinates), but also color information (R, G, and B) which is captured by a digital camera. The color information is used in the detection of the structural components.” Position information/coordinates (i.e. spatial location). Structural components (i.e. objects).); It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the patented claims with the 3D model of a building structure of Kim. Doing so would allow for developing an accurate and fully automated method for construction progress measurement with 3D data obtained from an actual construction site, thereby demonstrating that construction progress can be effectively measured (Kim Abs.).
The limitation: “mapping, by the computer system, the object of the building structure to an expected object at an expected state in a 3D model of the building structure, wherein the mapping is based on the spatial location of the object” slightly differs from the patented claims. While the concept of mapping objects is disclosed by the patented claims, the 3D model and spatial location is not explicitly disclosed. However, this difference is obvious because Kim teaches mapping, by the computer system, the object of the building structure to an expected object at an expected state in a 3D model of the building structure (pg. 77, section 3.1 “After generating the as-planned model and acquiring the as-built data, 3D registration is performed to align the coordinate system of the as-built data with that of the as-planned model.” As-planned (i.e. expected). Align (i.e. mapping).), wherein the mapping is based on the spatial location of the object (pg. 77, section 3.1.1. “The 3D data obtained by use of the laser scanner include not only position information (x, y, and z coordinates), but also color information (R, G, and B) which is captured by a digital camera. The color information is used in the detection of the structural components.” And pg. 78, section 3.1.2;); It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the patented claims with the 3D model of a building structure of Kim. Doing so would allow for developing an accurate and fully automated method for construction progress measurement with 3D data obtained from an actual construction site, thereby demonstrating that construction progress can be effectively measured (Kim Abs.).
The limitation: “detecting, by the computer system, a discrepancy between a physical property of the object of the building structure and an expected physical property of the expected object in the 3D model” slightly differs from the patented claims. The patented claims are more narrow and encompasses most of this limitation except for the 3D model. However, this difference is obvious because Fard teaches detecting, by the computer system, a discrepancy between a physical property of the object of the building structure and an expected physical property of the expected object in the 3D model (pg. 399; “These discrepancies have been manually analyzed and the physical components of the basement level that are behind or on-schedule are identified. The schedule deviation is quantified by the management team based on the construction schedule and based on the EVA analysis performed. Then, different colors light green for on schedule and red for behind schedule are assigned to each of the components depending on its progress status.” Physical components (i.e. physical property of object). pg. 400; “This metaphor can manually or automatically visualize various project metrics with discrete values. For example it categorizes building elements based on their schedule deviations in three distinct categories: ahead of schedule, on schedule, and behind schedule Fig. 11. According to Fig. 11, light green is used to represent those components that their performance is “as-expected,” dark green for those components that are performing “above expectation,” and they need the least management effort, while red color represents components that need corrective action”.); It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the patented claims with the discrepancy indicator of Fard, so as to allow building site companies to predict whether construction will be completed on time or not and thus adjust for delays. Doing so would mitigate scheduling delay of the construction job and reduce cost overrun (Fard pg. 391; Operations are generally conducted outdoors and are subject to interruptions and variations in site conditions and other difficulties such as unforeseen weather conditions Oglesby et al. 1989. These circumstances cause errors and changes within a project and their corresponding results are schedule delay and cost overrun which challenge construction operations productivity Peña-Mora et al. 2008.)
The limitation: “determining a modification to the building structure to compensate for the discrepancy between the physical property of the object and the expected physical property of the expected object in the 3D model” slightly differs from the patented claims however the patented claims are more narrow and encompass this limitation. The only difference is the 3D model which is obvious and taught above.
The limitation: “adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure” slightly differs from the patented claims however the patented claims are more narrow and encompass this limitation.
The limitation: “sending a message that reports the discrepancy and the modification to the building structure” slightly differs from the patented claims however the patented claims are more narrow and encompass this limitation.
In regards to Claim 8:
The limitation: “receiving, via the network interface, sensor data determined based on sensor readings of a building structure, wherein the sensor data indicates a physical property of an object associated with the building structure” is not taught by the patented claims. However, this difference is obvious because Kim teaches receiving, via the network interface, sensor data determined based on sensor readings of a building structure, wherein the sensor data indicates a physical property of an object associated with the building structure (pg. 75, section 1; “First, 3D data can be obtained on only the as-built structural components that are located within the sensor's range and field of view [9]. Second, in any building project the structural components are arranged with some level of complexity, and there are likely to be various pieces of equipment and other objects located around the construction site. Thus, even structural components that are physically within the range of the sensor may be blocked from view [8–10]. For these reasons, a 3D data set obtained on a construction site via remote-sensing technology may be incomplete—and may contain no data at all on one or more of the structural components.”); It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the patented claims with the 3D model of a building structure of Kim. Doing so would allow for developing an accurate and fully automated method for construction progress measurement with 3D data obtained from an actual construction site, thereby demonstrating that construction progress can be effectively measured (Kim Abs.).
The limitation: “analyzing the sensor data to determine a mapping between the object of the building structure and a corresponding object of a three-dimensional (3D) model of the building structure” is not taught by the patented claims. However, this difference is obvious because Kim teaches analyzing the sensor data to determine a mapping between the object of the building structure and a corresponding object of a three-dimensional (3D) model of the building structure (pg. 75, section 1; “First, 3D data can be obtained on only the as-built structural components that are located within the sensor's range and field of view [9]…For these reasons, a 3D data set obtained on a construction site via remote-sensing technology may be incomplete—and may contain no data at all on one or more of the structural components.” And pg. 76, section 3 “To obtain the 3D data used in the progress measurement, as-built data on the structural components is identified and extracted from the 3D data obtained on the construction site. To align the as-built data with the as-planned model, 3D registration is performed. Once the as-planned model is aligned with the as-built data, the features of the as-built data that correspond to those in the 3D CAD model are extracted.”). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the patented claims with the 3D model of a building structure of Kim. Doing so would allow for developing an accurate and fully automated method for construction progress measurement with 3D data obtained from an actual construction site, thereby demonstrating that construction progress can be effectively measured (Kim Abs.).
The limitation: “detecting a discrepancy between a physical property of the object of the building structure and a physical property of the corresponding object of the 3D model” The patented claims are more narrow and encompasses most of this limitation except for the 3D model. However, this difference is obvious because Fard teaches detecting a discrepancy between a physical property of the object of the building structure and a physical property of the corresponding object of the 3D model (pg. 399; “These discrepancies have been manually analyzed and the physical components of the basement level that are behind or on-schedule are identified. The schedule deviation is quantified by the management team based on the construction schedule and based on the EVA analysis performed. Then, different colors light green for on schedule and red for behind schedule are assigned to each of the components depending on its progress status.” Physical components (i.e. physical property of object). pg. 400; “This metaphor can manually or automatically visualize various project metrics with discrete values. For example it categorizes building elements based on their schedule deviations in three distinct categories: ahead of schedule, on schedule, and behind schedule Fig. 11. According to Fig. 11, light green is used to represent those components that their performance is “as-expected,” dark green for those components that are performing “above expectation,” and they need the least management effort, while red color represents components that need corrective action”.); It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the patented claims with the discrepancy indicator of Fard, so as to allow building site companies to predict whether construction will be completed on time or not and thus adjust for delays. Doing so would mitigate scheduling delay of the construction job and reduce cost overrun (Fard pg. 391; Operations are generally conducted outdoors and are subject to interruptions and variations in site conditions and other difficulties such as unforeseen weather conditions Oglesby et al. 1989. These circumstances cause errors and changes within a project and their corresponding results are schedule delay and cost overrun which challenge construction operations productivity Peña-Mora et al. 2008.)
The limitation: “determining a modification to the building structure to compensate for the discrepancy between the object and the corresponding object in the 3D model”, slightly differs from the patented claims however the patented claims are more narrow and encompass this limitation. The only difference is the 3D model which is obvious and taught above.
The limitation: “adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure” slightly differs from the patented claims however the patented claims are more narrow and encompass this limitation.
The limitation: “sending a message that reports the discrepancy and the modification to the building structure” slightly differs from the patented claims however the patented claims are more narrow and encompass this limitation.
In regards to Claim 9:
The limitation: “adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure” slightly differs from the patented claims however the patented claims are more narrow and encompass this limitation.
In regards to Claim 15:
The limitation: “capture a three-dimensional (3D) visualization of a building structure that is undergoing construction, wherein the 3D visualization represents a state of the building structure that includes an object” is not taught by the patented claims. However, this difference is obvious because Kim teaches capture a three-dimensional (3D) visualization of a building structure that is undergoing construction, wherein the 3D visualization represents a state of the building structure that includes an object (pg. 77, section 3.1 “The 3D data obtained from a construction site with remote-sensing technology include not only the as-built data on the building project itself, but also data on various objects, such as heavy equipment and materials, that are present on the construction site. Because the as-built data that are used in the construction progress measurement characterize individual structural components of a building project, the structural components must first be detected from the overall set of 3D data acquired on the construction site.” Construction progress (i.e. state).). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the patented claims with the 3D model of a building structure of Kim. Doing so would allow for developing an accurate and fully automated method for construction progress measurement with 3D data obtained from an actual construction site, thereby demonstrating that construction progress can be effectively measured (Kim Abs.).
The limitation: “determine a location of the object in the building structure” is not taught by the patented claims. However, this difference is obvious because Kim teaches determine a location of the object in the building structure (pg. 77, section 3.1.1. “The 3D data obtained by use of the laser scanner include not only position information (x, y, and z coordinates), but also color information (R, G, and B) which is captured by a digital camera. The color information is used in the detection of the structural components.” Position information/coordinates (i.e. spatial location). Structural components (i.e. objects).) It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the patented claims with the 3D model of a building structure of Kim. Doing so would allow for developing an accurate and fully automated method for construction progress measurement with 3D data obtained from an actual construction site, thereby demonstrating that construction progress can be effectively measured (Kim Abs.).
The limitation: “map the object of the building structure to an expected object in a 3D model of the building structure, wherein the map is based on the location of the object” only differs from the patented claim because of the 3D model. However, map the object of the building structure to an expected object in a 3D model of the building structure, wherein the map is based on the location of the object (pg. 77, section 3.1 “After generating the as-planned model and acquiring the as-built data, 3D registration is performed to align the coordinate system of the as-built data with that of the as-planned model.” As-planned (i.e. expected). Align (i.e. mapping).), wherein the mapping is based on the spatial location of the object (pg. 77, section 3.1.1. “The 3D data obtained by use of the laser scanner include not only position information (x, y, and z coordinates), but also color information (R, G, and B) which is captured by a digital camera. The color information is used in the detection of the structural components.” And pg. 78, section 3.1.2;) It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the patented claims with the 3D model of a building structure of Kim. Doing so would allow for developing an accurate and fully automated method for construction progress measurement with 3D data obtained from an actual construction site, thereby demonstrating that construction progress can be effectively measured (Kim Abs.).
The limitation: “detect a discrepancy between the object of the building structure and the expected object in the 3D model” slightly differs from the patented claims however the patented claims are more narrow and encompass this limitation. The only difference is the 3D model which is obvious and taught above. A primary object would include an object and a design plan would include an expected object.
The limitation: “determine a modification to the building structure to compensate for the discrepancy between the object and the expected object in the 3D model”. However, this difference is obvious because Fard teaches determine a modification to the building structure to compensate for the discrepancy between the object and the expected object in the 3D model (pg. 400; Fig. 12 shows the site and superimposed photographs representing as-built and progress status respectively. As seen in Fig. 12b, behindschedule 3D entities that are color coded in red, on-schedule 3D entities in light green and ahead of schedule in dark green. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule. Steel members (i.e. secondary object) for corrective action (i.e. modification).); It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the patented claims with the discrepancy indicator of Fard, so as to allow building site companies to predict whether construction will be completed on time or not and thus adjust for delays. Doing so would mitigate scheduling delay of the construction job and reduce cost overrun (Fard pg. 391; Operations are generally conducted outdoors and are subject to interruptions and variations in site conditions and other difficulties such as unforeseen weather conditions Oglesby et al. 1989. These circumstances cause errors and changes within a project and their corresponding results are schedule delay and cost overrun which challenge construction operations productivity Peña-Mora et al. 2008.)
The limitation: “send a message that reports the discrepancy and the modification to the building structure” slightly differs from the patented claims however the patented claims are more narrow and encompass this limitation. The discrepancy in an installation of the primary object of the patented claims would include a modification and a primary object can be part of a building structure.
In regards to Claim 19:
The limitation: “adjust a schedule for a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure” slightly differs from the patented claims however the patented claims are more narrow and encompass this limitation.
In regards to Claim 20:
The limitation: “adjust a schedule for construction to compensate for an impact of the discrepancy or the modification to the building structure” slightly differs from the patented claims however the patented claims are more narrow and encompass this limitation.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 9 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 9 repeats the limitation “adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure” which is already recited in independent claim 8. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 7-10, 12-15, and 18-20 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.Step 1
According to the first part of the analysis, in the instant case, claims 1 and 7 a method, claims 8-10 and 12-14 are directed to a system comprising at least a processor, and claims 15 and 18-20 are directed to a non-transitory computer-readable storage medium. Thus, each of the claims falls within one of the four statutory categories (i.e. process, machine, manufacture, or composition of matter).
Claim 1 recites:
Step 2A, Prong 1
“generating, by a computer system, a three-dimensional (3D) visualization of a building structure that is undergoing construction, wherein the 3D visualization captures a state of the building structure that includes an object” (Mental process. A human can make a 3D visualization of a building including an object with the help of paper and pen.).
“determining, by the computer system, a spatial location of the object in the building structure” (Mental process. A human can determine a location of an object in a building.).
“mapping, by the computer system, the object of the building structure to an expected object at an expected state in a 3D model of the building structure, wherein the mapping is based on the spatial location of the object” (mental process. A human can map an object of a building to an object in a 3D model.)
“detecting, by the computer system, a discrepancy between a physical property of the object of the building structure and an expected physical property of the expected object in the 3D model” (mental process. A human can detect the difference between an object of a building and an object of a 3D model.)
“determining that the discrepancy exceeds a predetermined threshold, wherein to exceed the predetermined threshold indicates that the discrepancy constitutes a reportable error” (mental process. A human determine the difference is beyond a threshold and indicates an error.)
“in response to determining that the discrepancy constitutes a reportable error: determining a modification to the building structure to compensate for the discrepancy between the physical property of the object and the expected physical property of the expected object in the 3D model” (mental process. A human can a modification that will make the building object similar to the 3D model object.)
“adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure” (mental process. A human can adjust a cost estimate)
Step 2A, Prong 2
“…by a computer system…” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
“sending a message that reports the discrepancy and the modification to the building structure” (insignificant extra-solution activity)
This judicial exception is not integrated into a practical application.
Step 2B
“…by a computer system…” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
“sending a message that reports the discrepancy and the modification to the building structure” (MPEP 2106.05(d)(II) i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, indicate that merely “transmitting and receiving data” is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is in the present claim). Thereby, a conclusion that the claimed sending step is well-understood, routine, conventional activity is supported under Berkheimer)
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Claim 7 recites:
Step 2A, Prong 1
“wherein the 3D visualization is generated based on a LIDAR scan of the building structure” (Mental process. A human can observe the results of a LIDAR scan and create a 3D visualization with the help of pen and paper.)
“wherein the spatial location of the object is determined based on the LIDAR scan of the building structure” (Mental process. A human can observe the results of a LIDAR scan and determine the location of an object.)
Step 2A, Prong 2 & Step 2B
The claim does not recite any additional elements.
Claim 8 recites:
Step 2A, Prong 1
“analyzing the sensor data to determine a mapping between the object of the building structure and a corresponding object of a three-dimensional (3D) model of the building structure” (mental concept. A human can analyze data from a sensor and map an object of a building to an object in a 3D model.)
“detecting a discrepancy between a physical property of the object of the building structure and a physical property of the corresponding object of the 3D model” (mental process. A human can detect the difference between an object of a building and an object of a 3D model.)
“determining that the discrepancy constitutes a reportable error” (mental process. A human determine a discrepancy indicates an error.)
“in response to determining that the discrepancy constitutes a reportable error: determining a modification to the building structure to compensate for the discrepancy between the object and the corresponding object in the 3D model” (mental process. A human can determine a modification that will make the building object similar to the 3D model object.)
“adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure” (mental process. A human can adjust a cost estimate)
Step 2A, Prong 2
“a processor; a network interface coupled to the processor; and a memory coupled to the processor and storing instructions which, when executed by the processor, cause the computing system to perform operations” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
“receiving, via the network interface, sensor data determined based on sensor readings of a building structure” (insignificant extra-solution activity)
“sending a message that reports the discrepancy and the modification to the building structure” (insignificant extra-solution activity)
This judicial exception is not integrated into a practical application.
Step 2B
“a processor; a network interface coupled to the processor; and a memory coupled to the processor and storing instructions which, when executed by the processor, cause the computing system to perform operations” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
“receiving, via the network interface, sensor data determined based on sensor readings of a building structure” (MPEP 2106.05(d)(II) i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, indicate that merely “transmitting and receiving data” is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is in the present claim). Thereby, a conclusion that the claimed receiving step is well-understood, routine, conventional activity is supported under Berkheimer)
“sending a message that reports the discrepancy and the modification to the building structure” (MPEP 2106.05(d)(II) i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, indicate that merely “transmitting and receiving data” is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is in the present claim). Thereby, a conclusion that the claimed sending step is well-understood, routine, conventional activity is supported under Berkheimer)
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Claim 9 recites:
Step 2A, Prong 1
“adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure” (mental process. A human can adjust a cost estimate)
Step 2A, Prong 2 & Step 2B
The claim does not recite any additional elements.
Claim 10:
Step 2A, Prong 1
“capturing a 3D visualization of the building structure” (Mental process. A human can observe a 3D model of a building)
“determining a spatial location of the object in the building structure” (mental process. A human can determine a location of an object in a building)
“mapping the object of the building structure to an expected object in the 3D model of the building structure, wherein the mapping is based on the spatial location of the object” (mental process. A human can map an object of a building to an object in a 3D model.)
Step 2A, Prong 2 & Step 2B
The claim does not recite any additional elements.
Claim 12:
Step 2A, Prong 1
“generating, based on the sensor data, a 3D visualization of the building structure including the object” (Mental process. A human can generate a 3D visualization of a building based on observing sensor data.)
“determining a spatial location of the object based on the 3D visualization, wherein the mapping is based on the spatial location of the object” (mental process. A human can determine a location of an object based on observing a 3D model.)
Step 2A, Prong 2 & Step 2B
The claim does not recite any additional elements.
Claim 13:
Step 2A, Prong 1
This claim recites no judicial exceptions.
Step 2A, Prong 2
“an imaging device” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
“wherein the sensor data includes data determined by the imaging device based on a captured image of the building structure” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
This judicial exception is not integrated into a practical application.
Step 2B
“an imaging device” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
“wherein the sensor data includes data determined by the imaging device based on a captured image of the building structure” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Claim 14:
Step 2A, Prong 1
This claim recites no judicial exceptions.
Step 2A, Prong 2
“wherein the object is a component affixed to the building structure, and wherein the corresponding object of the 3D model is a corresponding component of the 3D model affixed to the building structure” (Field of use and technological environment. See 2106.05(h).)
This judicial exception is not integrated into a practical application.
Step 2B
“wherein the object is a component affixed to the building structure, and wherein the corresponding object of the 3D model is a corresponding component of the 3D model affixed to the building structure” (Field of use and technological environment. See 2106.05(h).)
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Claim 15:
Step 2A, Prong 1
“capture a three-dimensional (3D) visualization of a building structure that is undergoing construction, wherein the 3D visualization represents a state of the building structure that includes an object” (mental process. A human can observe a 3D model of a building that represents a state of the building including objects).
“determine a location of the object in the building structure” (Mental process. A human can determine a location of an object in a building.)
“map the object of the building structure to an expected object in a 3D model of the building structure, wherein the map is based on the location of the object” (mental process. A human can map an object of a building to an object in a 3D model.)
“detect a discrepancy between the object of the building structure and the expected object in the 3D model” (mental process. A human can detect the difference between an object of a building and an object of a 3D model.)
“determine that the discrepancy constitutes a reportable error” (mental process. A human determine the difference is beyond a threshold and indicates an error.)
“in response to determining that the discrepancy constitutes a reportable error: determine a modification to the building structure to compensate for the discrepancy between the object and the expected object in the 3D model” (mental process. A human can a modification that will make the building object similar to the 3D model object.)
Step 2A, Prong 2
“At least one non-transitory computer-readable storage medium storing instructions, which, when executed by at least one data processor of a system” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
“send a message that reports the discrepancy and the modification to the building structure” (insignificant extra-solution activity)
This judicial exception is not integrated into a practical application.
Step 2B
“At least one non-transitory computer-readable storage medium storing instructions, which, when executed by at least one data processor of a system” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
“send a message that reports the discrepancy and the modification to the building structure” (MPEP 2106.05(d)(II) i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, indicate that merely “transmitting and receiving data” is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is in the present claim). Thereby, a conclusion that the claimed sending step is well-understood, routine, conventional activity is supported under Berkheimer)
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Claim 18:
Step 2A, Prong 1
“wherein the 3D visualization is based on a LIDAR scan of the building structure” (Mental process. A human can observe the results of a LIDAR scan and create a 3D visualization with the help of pen and paper.)
“wherein the location of the object is obtained based on the LIDAR scan of the building structure” (Mental process. A human can observe the results of a LIDAR scan and determine the location of an object.)
Step 2A, Prong 2 & Step 2B
The claim does not recite any additional elements.
Claim 19:
Step 2A, Prong 1
“adjust a schedule for a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure” (mental process. A human can adjust a schedule for cost based on a discrepancy).
Step 2A, Prong 2 & Step 2B
The claim does not recite any additional elements.
Claim 20:
Step 2A, Prong 1
“adjust a schedule for construction to compensate for an impact of the discrepancy or the modification to the building structure” (mental process. A human can adjust a schedule based on a discrepancy).
Step 2A, Prong 2 & Step 2B
The claim does not recite any additional elements.
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 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.
Claims 1, 6, 8-10, 12-15, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. ("Automated construction progress measurement using a 4D building information model and 3D data") in view of Fard et al. ("Visualization of Construction Progress Monitoring with 4D Simulation Model Overlaid on Time-Lapsed Photographs").
Regarding Claim 1,
Kim teaches a method comprising:
generating, by a computer system, a three-dimensional (3D) visualization of a building structure that is undergoing construction, wherein the 3D visualization captures a state of the building structure that includes an object (pg. 77, section 3.1 “The 3D data obtained from a construction site with remote-sensing technology include not only the as-built data on the building project itself, but also data on various objects, such as heavy equipment and materials, that are present on the construction site. Because the as-built data that are used in the construction progress measurement characterize individual structural components of a building project, the structural components must first be detected from the overall set of 3D data acquired on the construction site.” Construction progress (i.e. state).);
determining, by the computer system, a spatial location of the object in the building structure (pg. 77, section 3.1.1. “The 3D data obtained by use of the laser scanner include not only position information (x, y, and z coordinates), but also color information (R, G, and B) which is captured by a digital camera. The color information is used in the detection of the structural components.” Position information/coordinates (i.e. spatial location). Structural components (i.e. objects).);
mapping, by the computer system, the object of the building structure to an expected object at an expected state in a 3D model of the building structure (pg. 77, section 3.1 “After generating the as-planned model and acquiring the as-built data, 3D registration is performed to align the coordinate system of the as-built data with that of the as-planned model.” As-planned (i.e. expected). Align (i.e. mapping).), wherein the mapping is based on the spatial location of the object (pg. 77, section 3.1.1. “The 3D data obtained by use of the laser scanner include not only position information (x, y, and z coordinates), but also color information (R, G, and B) which is captured by a digital camera. The color information is used in the detection of the structural components.” And pg. 78, section 3.1.2;);
Kim does not explicitly disclose
detecting, by the computer system, a discrepancy between a physical property of the object of the building structure and an expected physical property of the expected object in the 3D model;
determining that the discrepancy exceeds a predetermined threshold, wherein to exceed the predetermined threshold indicates that the discrepancy constitutes a reportable error; and in response to determining that the discrepancy constitutes a reportable error;
determining a modification to the building structure to compensate for the discrepancy between the physical property of the object and the expected physical property of the expected object in the 3D model;
adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure; and
sending a message that reports the discrepancy and the modification to the building structure.
However, Golparvar-Fard teaches
detecting, by the computer system, a discrepancy between a physical property of the object of the building structure and an expected physical property of the expected object in the 3D model (pg. 399; “These discrepancies have been manually analyzed and the physical components of the basement level that are behind or on-schedule are identified. The schedule deviation is quantified by the management team based on the construction schedule and based on the EVA analysis performed. Then, different colors light green for on schedule and red for behind schedule are assigned to each of the components depending on its progress status.” Physical components (i.e. physical property of object). pg. 400; “This metaphor can manually or automatically visualize various project metrics with discrete values. For example it categorizes building elements based on their schedule deviations in three distinct categories: ahead of schedule, on schedule, and behind schedule Fig. 11. According to Fig. 11, light green is used to represent those components that their performance is “as-expected,” dark green for those components that are performing “above expectation,” and they need the least management effort, while red color represents components that need corrective action”.);
determining that the discrepancy exceeds a predetermined threshold, wherein to exceed the predetermined threshold indicates that the discrepancy constitutes a reportable error (pg. 400; According to Fig. 11, light green is used to represent those components that their performance is “as-expected,” dark green for those components that are performing “above expectation,” and they need the least management effort, while red color represents components that need corrective action… Fig. 12 shows the site and superimposed photographs representing as-built and progress status respectively. As seen in Fig. 12b, behind-schedule 3D entities that are color coded in red, on-schedule 3D entities in light green and ahead of schedule in dark green. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule. Red shows a threshold which represents a building component is behind schedule.); and
in response to determining that the discrepancy constitutes a reportable error:
determining a modification to the building structure to compensate for the discrepancy between the physical property of the object and the expected physical property of the expected object in the 3D model (pg. 400; Fig. 12 shows the site and superimposed photographs representing as-built and progress status respectively. As seen in Fig. 12b, behindschedule 3D entities that are color coded in red, on-schedule 3D entities in light green and ahead of schedule in dark green. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule. Steel members (i.e. secondary object) for corrective action (i.e. modification).);
adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure (pg. 396; “Fig. 6 shows a color-coded superimposed image where the progress status is visualized. In this figure, on-schedule entities are represented in light-green entities, ahead of schedule entities in dark green, and behind-schedule entities in red color. This reporting process is repeated for every coordination cycle where control actions are taken and the construction schedule is revised and updated by project participants.” Behind-schedule/ahead of schedule (i.e. adjusting schedule).); and
sending a message that reports the discrepancy and the modification to the building structure (pg. 392; “4. To report the information to managers in time and in a form which can best be interpreted by management, and at an appropriate level of detail for the individuals who will be using it so that corrective action could be taken on the progress situation that generated the data in the first place. 5. To record the control action taken; to represent the as-built performance of the project.” Control action taken (i.e. modification). pg. 396 “This reporting process is repeated for every coordination cycle where control actions are taken and the construction schedule is revised and updated by project participants. For example, if architectural/engineering/construction teams have coordination meeting every other week, this report would provide progress information from the last meeting to the current meeting considering the same time period for future activities that may have been performed in the project.” And pg. 401; Fig. 14 illustrates a visualized report of progress monitoring. In this figure, the photographs and 4D snapshots are presented and based on the work schedule and the comparison performed, deviations are identified and are color coded. The deviations are also quantified based on the number of days according to the schedule and are reported.).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the modeling system of Kim with the discrepancy indicator of Fard, so as to allow building site companies to predict whether construction will be completed on time or not and thus adjust for delays. Doing so would mitigate scheduling delay of the construction job and reduce cost overrun (Fard pg. 391; Operations are generally conducted outdoors and are subject to interruptions and variations in site conditions and other difficulties such as unforeseen weather conditions Oglesby et al. 1989. These circumstances cause errors and changes within a project and their corresponding results are schedule delay and cost overrun which challenge construction operations productivity Peña-Mora et al. 2008.)
Regarding Claim 6,
Kim and Fard teach the method of claim 1. Fard further teaches wherein the modification to the building structure includes modifying a portion of the building structure to accommodate the discrepancy between the physical property of the object and the expected physical property of the expected object in the 3D model (pg. 400 n. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule. Corrective action (i.e. modifying).).
Regarding Claim 8,
Kim teaches a computing system comprising:
including:
receiving, via the network interface, sensor data determined based on sensor readings of a building structure, wherein the sensor data indicates a physical property of an object associated with the building structure (pg. 75, section 1; “First, 3D data can be obtained on only the as-built structural components that are located within the sensor's range and field of view [9]. Second, in any building project the structural components are arranged with some level of complexity, and there are likely to be various pieces of equipment and other objects located around the construction site. Thus, even structural components that are physically within the range of the sensor may be blocked from view [8–10]. For these reasons, a 3D data set obtained on a construction site via remote-sensing technology may be incomplete—and may contain no data at all on one or more of the structural components.”);
analyzing the sensor data to determine a mapping between the object of the building structure and a corresponding object of a three-dimensional (3D) model of the building structure (pg. 75, section 1; “First, 3D data can be obtained on only the as-built structural components that are located within the sensor's range and field of view [9]…For these reasons, a 3D data set obtained on a construction site via remote-sensing technology may be incomplete—and may contain no data at all on one or more of the structural components.” And pg. 76, section 3 “To obtain the 3D data used in the progress measurement, as-built data on the structural components is identified and extracted from the 3D data obtained on the construction site. To align the as-built data with the as-planned model, 3D registration is performed. Once the as-planned model is aligned with the as-built data, the features of the as-built data that correspond to those in the 3D CAD model are extracted.”);
Kim does not explicitly disclose the remaining limitations
detecting a discrepancy between a physical property of the object of the building structure and a physical property of the corresponding object of the 3D model;
determining that the discrepancy constitutes a reportable error; and
in response to determining that the discrepancy constitutes a reportable error:
determining a modification to the building structure to compensate for the discrepancy between the object and the corresponding object in the 3D model;
adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure; and
sending a message that reports the discrepancy and the modification to the building structure.
However, Fard teaches
a processor;
a network interface coupled to the processor; and
a memory coupled to the processor and storing instructions which, when executed by the processor, cause the computing system to perform operations (Pg. 391; “Computer aided simulation”)
detecting a discrepancy between a physical property of the object of the building structure and a physical property of the corresponding object of the 3D model (pg. 399; “These discrepancies have been manually analyzed and the physical components of the basement level that are behind or on-schedule are identified. The schedule deviation is quantified by the management team based on the construction schedule and based on the EVA analysis performed. Then, different colors light green for on schedule and red for behind schedule are assigned to each of the components depending on its progress status.” Physical components (i.e. physical property of object). pg. 400; “This metaphor can manually or automatically visualize various project metrics with discrete values. For example it categorizes building elements based on their schedule deviations in three distinct categories: ahead of schedule, on schedule, and behind schedule Fig. 11. According to Fig. 11, light green is used to represent those components that their performance is “as-expected,” dark green for those components that are performing “above expectation,” and they need the least management effort, while red color represents components that need corrective action”.);
determining that the discrepancy constitutes a reportable error (pg. 400; According to Fig. 11, light green is used to represent those components that their performance is “as-expected,” dark green for those components that are performing “above expectation,” and they need the least management effort, while red color represents components that need corrective action… Fig. 12 shows the site and superimposed photographs representing as-built and progress status respectively. As seen in Fig. 12b, behind-schedule 3D entities that are color coded in red, on-schedule 3D entities in light green and ahead of schedule in dark green. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule. Red shows a threshold which represents a building component is behind schedule.); and
in response to determining that the discrepancy constitutes a reportable error:
determining a modification to the building structure to compensate for the discrepancy between the object and the corresponding object in the 3D model (pg. 400; Fig. 12 shows the site and superimposed photographs representing as-built and progress status respectively. As seen in Fig. 12b, behindschedule 3D entities that are color coded in red, on-schedule 3D entities in light green and ahead of schedule in dark green. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule. corrective action (i.e. modification).);
adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure (pg. 396; “Fig. 6 shows a color-coded superimposed image where the progress status is visualized. In this figure, on-schedule entities are represented in light-green entities, ahead of schedule entities in dark green, and behind-schedule entities in red color. This reporting process is repeated for every coordination cycle where control actions are taken and the construction schedule is revised and updated by project participants.” Behind-schedule/ahead of schedule (i.e. adjusting schedule).); and
sending a message that reports the discrepancy and the modification to the building structure (pg. 392; “4. To report the information to managers in time and in a form which can best be interpreted by management, and at an appropriate level of detail for the individuals who will be using it so that corrective action could be taken on the progress situation that generated the data in the first place. 5. To record the control action taken; to represent the as-built performance of the project.” Control action taken (i.e. modification). pg. 396 “This reporting process is repeated for every coordination cycle where control actions are taken and the construction schedule is revised and updated by project participants. For example, if architectural/engineering/construction teams have coordination meeting every other week, this report would provide progress information from the last meeting to the current meeting considering the same time period for future activities that may have been performed in the project.” And pg. 401; Fig. 14 illustrates a visualized report of progress monitoring. In this figure, the photographs and 4D snapshots are presented and based on the work schedule and the comparison performed, deviations are identified and are color coded. The deviations are also quantified based on the number of days according to the schedule and are reported.).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the modeling system of Kim with the discrepancy indicator of Fard, so as to allow building site companies to predict whether construction will be completed on time or not and thus adjust for delays. Doing so would mitigate scheduling delay of the construction job and reduce cost overrun (Fard pg. 391; Operations are generally conducted outdoors and are subject to interruptions and variations in site conditions and other difficulties such as unforeseen weather conditions Oglesby et al. 1989. These circumstances cause errors and changes within a project and their corresponding results are schedule delay and cost overrun which challenge construction operations productivity Peña-Mora et al. 2008.)
Regarding Claim 9,
Kim and Fard teach the computing system of claim 8. Fard further teaches being caused to perform operations including: adjusting a schedule for construction or a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure (pg. 396; “Fig. 6 shows a color-coded superimposed image where the progress status is visualized. In this figure, on-schedule entities are represented in light-green entities, ahead of schedule entities in dark green, and behind-schedule entities in red color. This reporting process is repeated for every coordination cycle where control actions are taken and the construction schedule is revised and updated by project participants.” Behind-schedule/ahead of schedule (i.e. adjusting schedule).).
Regarding Claim 10,
Kim and Fard teach the computing system of claim 8. Kim further teaches being caused to perform operations including:
capturing a 3D visualization of the building structure (pg. 77, section 3.1 “The 3D data obtained from a construction site with remote-sensing technology include not only the as-built data on the building project itself, but also data on various objects, such as heavy equipment and materials, that are present on the construction site. Because the as-built data that are used in the construction progress measurement characterize individual structural components of a building project, the structural components must first be detected from the overall set of 3D data acquired on the construction site.”);
determining a spatial location of the object in the building structure (pg. 77, section 3.1.1. “The 3D data obtained by use of the laser scanner include not only position information (x, y, and z coordinates), but also color information (R, G, and B) which is captured by a digital camera. The color information is used in the detection of the structural components.” Position information/coordinates (i.e. spatial location). Structural components (i.e. objects).); and
mapping the object of the building structure to an expected object in the 3D model of the building structure (pg. 77, section 3.1 “After generating the as-planned model and acquiring the as-built data, 3D registration is performed to align the coordinate system of the as-built data with that of the as-planned model.” As-planned (i.e. expected). Align (i.e. mapping).),
wherein the mapping is based on the spatial location of the object (pg. 77, section 3.1.1. “The 3D data obtained by use of the laser scanner include not only position information (x, y, and z coordinates), but also color information (R, G, and B) which is captured by a digital camera. The color information is used in the detection of the structural components.” And pg. 78, section 3.1.2;).
Regarding Claim 12,
Kim and Fard teach the computing system of claim 8. Kim further teaches being caused to perform operations including:
generating, based on the sensor data, a 3D visualization of the building structure including the object (pg. 77, section 3.1 “The 3D data obtained from a construction site with remote-sensing technology include not only the as-built data on the building project itself, but also data on various objects, such as heavy equipment and materials, that are present on the construction site. Because the as-built data that are used in the construction progress measurement characterize individual structural components of a building project, the structural components must first be detected from the overall set of 3D data acquired on the construction site.”),
determining a spatial location of the object based on the 3D visualization (pg. 77, section 3.1.1. “The 3D data obtained by use of the laser scanner include not only position information (x, y, and z coordinates), but also color information (R, G, and B) which is captured by a digital camera. The color information is used in the detection of the structural components.” Position information/coordinates (i.e. spatial location). Structural components (i.e. objects).), wherein the mapping is based on the spatial location of the object (pg. 77, section 3.1.1. “The 3D data obtained by use of the laser scanner include not only position information (x, y, and z coordinates), but also color information (R, G, and B) which is captured by a digital camera. The color information is used in the detection of the structural components.” And pg. 78, section 3.1.2;).
Regarding Claim 13,
Kim and Fard teach the computing system of claim 8. Kim further teaches further comprising: an imaging device, wherein the sensor data includes data determined by the imaging device based on a captured image of the building structure (pg. 77, section 3.1.1. “The 3D data obtained by use of the laser scanner include not only position information (x, y, and z coordinates), but also color information (R, G, and B) which is captured by a digital camera. The color information is used in the detection of the structural components.”).
Regarding Claim 14,
Kim and Fard teach the computing system of claim 8. Fard further teaches wherein the object is a component affixed to the building structure, and wherein the corresponding object of the 3D model is a corresponding component of the 3D model affixed to the building structure (pg. 400; “As seen in Fig. 12b, behind-schedule 3D entities that are color coded in red, on-schedule 3D entities in light green and ahead of schedule in dark green. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule.”).
Regarding Claim 15,
Kim teaches at least one non-transitory computer-readable storage medium storing instructions, which, when executed by at least one data processor of a system, cause the system to:
capture a three-dimensional (3D) visualization of a building structure that is undergoing construction, wherein the 3D visualization represents a state of the building structure that includes an object (pg. 77, section 3.1 “The 3D data obtained from a construction site with remote-sensing technology include not only the as-built data on the building project itself, but also data on various objects, such as heavy equipment and materials, that are present on the construction site. Because the as-built data that are used in the construction progress measurement characterize individual structural components of a building project, the structural components must first be detected from the overall set of 3D data acquired on the construction site.” Construction progress (i.e. state).);
determine a location of the object in the building structure (pg. 77, section 3.1.1. “The 3D data obtained by use of the laser scanner include not only position information (x, y, and z coordinates), but also color information (R, G, and B) which is captured by a digital camera. The color information is used in the detection of the structural components.” Position information/coordinates (i.e. spatial location). Structural components (i.e. objects).);
map the object of the building structure to an expected object in a 3D model of the building structure, wherein the map is based on the location of the object (pg. 77, section 3.1 “After generating the as-planned model and acquiring the as-built data, 3D registration is performed to align the coordinate system of the as-built data with that of the as-planned model.” As-planned (i.e. expected). Align (i.e. mapping).), wherein the mapping is based on the spatial location of the object (pg. 77, section 3.1.1. “The 3D data obtained by use of the laser scanner include not only position information (x, y, and z coordinates), but also color information (R, G, and B) which is captured by a digital camera. The color information is used in the detection of the structural components.” And pg. 78, section 3.1.2;);
Kim does not explicitly disclose
detect a discrepancy between the object of the building structure and the expected object in the 3D model;
determine that the discrepancy constitutes a reportable error; and
in response to determining that the discrepancy constitutes a reportable error:
determine a modification to the building structure to compensate for the discrepancy between the object and the expected object in the 3D model; and
send a message that reports the discrepancy and the modification to the building structure.
However, Fard teaches
detect a discrepancy between the object of the building structure and the expected object in the 3D model (pg. 399; “These discrepancies have been manually analyzed and the physical components of the basement level that are behind or on-schedule are identified. The schedule deviation is quantified by the management team based on the construction schedule and based on the EVA analysis performed. Then, different colors light green for on schedule and red for behind schedule are assigned to each of the components depending on its progress status.” Physical components (i.e. physical property of object). pg. 400; “This metaphor can manually or automatically visualize various project metrics with discrete values. For example it categorizes building elements based on their schedule deviations in three distinct categories: ahead of schedule, on schedule, and behind schedule Fig. 11. According to Fig. 11, light green is used to represent those components that their performance is “as-expected,” dark green for those components that are performing “above expectation,” and they need the least management effort, while red color represents components that need corrective action”.);
determine that the discrepancy constitutes a reportable error (pg. 400; According to Fig. 11, light green is used to represent those components that their performance is “as-expected,” dark green for those components that are performing “above expectation,” and they need the least management effort, while red color represents components that need corrective action… Fig. 12 shows the site and superimposed photographs representing as-built and progress status respectively. As seen in Fig. 12b, behind-schedule 3D entities that are color coded in red, on-schedule 3D entities in light green and ahead of schedule in dark green. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule. Red shows a threshold which represents a building component is behind schedule.); and
in response to determining that the discrepancy constitutes a reportable error:
determine a modification to the building structure to compensate for the discrepancy between the object and the expected object in the 3D model (pg. 400; Fig. 12 shows the site and superimposed photographs representing as-built and progress status respectively. As seen in Fig. 12b, behindschedule 3D entities that are color coded in red, on-schedule 3D entities in light green and ahead of schedule in dark green. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule. Steel members (i.e. secondary object) for corrective action (i.e. modification).); and
send a message that reports the discrepancy and the modification to the building structure (pg. 392; “4. To report the information to managers in time and in a form which can best be interpreted by management, and at an appropriate level of detail for the individuals who will be using it so that corrective action could be taken on the progress situation that generated the data in the first place. 5. To record the control action taken; to represent the as-built performance of the project.” Control action taken (i.e. modification). pg. 396 “This reporting process is repeated for every coordination cycle where control actions are taken and the construction schedule is revised and updated by project participants. For example, if architectural/engineering/construction teams have coordination meeting every other week, this report would provide progress information from the last meeting to the current meeting considering the same time period for future activities that may have been performed in the project.” And pg. 401; Fig. 14 illustrates a visualized report of progress monitoring. In this figure, the photographs and 4D snapshots are presented and based on the work schedule and the comparison performed, deviations are identified and are color coded. The deviations are also quantified based on the number of days according to the schedule and are reported.).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the modeling system of Kim with the discrepancy indicator of Fard, so as to allow building site companies to predict whether construction will be completed on time or not and thus adjust for delays. Doing so would mitigate scheduling delay of the construction job and reduce cost overrun (Fard pg. 391; Operations are generally conducted outdoors and are subject to interruptions and variations in site conditions and other difficulties such as unforeseen weather conditions Oglesby et al. 1989. These circumstances cause errors and changes within a project and their corresponding results are schedule delay and cost overrun which challenge construction operations productivity Peña-Mora et al. 2008.)
Regarding Claim 17,
Kim and Fard teach the at least one non-transitory computer-readable storage medium of claim 15. Fard further teaches wherein the modification to the building structure includes a modification to a physical structure of the object (pg. 400; Fig. 12 shows the site and superimposed photographs representing as-built and progress status respectively. As seen in Fig. 12b, behindschedule 3D entities that are color coded in red, on-schedule 3D entities in light green and ahead of schedule in dark green. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule. corrective action (i.e. modification).).
Regarding Claim 19,
Kim and Fard teach the at least one non-transitory computer-readable storage medium of claim 15. Fard further teaches wherein the system is further caused to: adjust a schedule for a cost estimate to compensate for an impact of the discrepancy or the modification to the building structure (pg. 396 “. The superimposed imagery would allow discrepancy to be either manually or automatically detected and quantified Fig. 5, 3-B and 4-B. At this stage, cost values are extracted from estimated and actual construction cost modules and are integrated to the system Fig. 5, 4-A and 4-C. This would allow cost information required for EVA to be derived…The next step is to monitor progress against the performance measurement baseline, or the planned value. The physical earned value performed is then related to the actual costs spent to accomplish the physical work performed, providing a measure of the project’s cost performance.”).
Regarding Claim 20,
The at least one non-transitory computer-readable storage medium of claim 15, wherein the system is further caused to: adjust a schedule for construction to compensate for an impact of the discrepancy or the modification to the building structure (pg. 396; “Fig. 6 shows a color-coded superimposed image where the progress status is visualized. In this figure, on-schedule entities are represented in light-green entities, ahead of schedule entities in dark green, and behind-schedule entities in red color. This reporting process is repeated for every coordination cycle where control actions are taken and the construction schedule is revised and updated by project participants.” Behind-schedule/ahead of schedule (i.e. adjusting schedule).).
Claims 2, 4-5, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kim/Fard, as applied above, and further in view of Delplace et al. (US-20140365259-A1).
Regarding Claim 2,
Kim and Fard teach the method of claim 1.
Fard further teaches wherein the object is a first object of the building structure (pg. 400 n. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule.),
While Kim and Fard teach determining a discrepancy of an object, Kim and Fard do not explicitly disclose
wherein the object is a first object of the building structure, and wherein the modification to the building structure includes installation of a second object in the building structure, the second object being different from the first object.
However, Delplace (US 20140365259 A1) teaches
wherein the object is a first object of the building structure (para [0059] This data can be stored in database 103 for later use such as to generate reports 150. The task data 131 can also be used to automatically update blueprints 105 to reflect the as-built configuration of a building or other structure. The term "as-built" means the actual configuration of features within the building which may, or may not, differ from the original blueprints. In accordance with various embodiments, the installation specifications, an installation attribute, the location, disposition, and configuration of structural elements, or other components, at a construction site can be recorded and reported using information management network 100.), and wherein the modification to the building structure includes installation of a second object in the building structure, the second object being different from the first object (para [0027]-[0028] During construction, a crane or other device may deliver an object to the proper place for installation. The object may have requirements for proper installation. For example a beam may be installed with bolts where the bolts must be installed with the proper torque. The requirement may be a government requirement, a manufacturer requirement, or may be required by the company providing the construction crew for the building. And para [0042] Information management system 101 can also be used to track the objects being installed and can be compared to a materials list to track inventory of objects that have been installed and objects that need to be installed. And para [0043] and).
Kim, Fard, and Delplace are analogous because they are directed to the field of Building information modeling.
It would have been obvious to one of ordinary skill in the art before the effective filing date to monitor the construction progress monitoring of Kim and Fard with the method of installing objects of Delplace.
Doing so would allow for automatic identification of the object and collecting installation information of the object. The automated steps save the installer time and ensure the installation information gets to the right place so that it may be useful in the future (Delplace para [0028]).
Regarding Claim 4,
Kim and Fard teach the method of claim 1.
Fard further teaches wherein the object is a first object of the building structure (pg. 400 n. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule.),
While Kim and Fard teach determining a discrepancy of an object, Kim and Fard do not explicitly disclose
and wherein the modification to the building structure includes changing a physical property of a second object in the building structure, the second object being different from the first object.
However, Delplace (US 20140365259 A1) teaches
wherein the object is a first object of the building structure (para [0059] This data can be stored in database 103 for later use such as to generate reports 150. The task data 131 can also be used to automatically update blueprints 105 to reflect the as-built configuration of a building or other structure. The term "as-built" means the actual configuration of features within the building which may, or may not, differ from the original blueprints. In accordance with various embodiments, the installation specifications, an installation attribute, the location, disposition, and configuration of structural elements, or other components, at a construction site can be recorded and reported using information management network 100.), and wherein the modification to the building structure includes changing a physical property of a second object in the building structure, the second object being different from the first object (para [0069]-[0070] For example, it may be desired to drill through sheetrock into underlying studs in a wall. Building site device 530 can determine where these features are located relative to its own position by leveraging the knowledge of its own position and the data from blueprints 105.).
Kim, Fard, and Delplace are analogous because they are directed to the field of Building information modeling.
It would have been obvious to one of ordinary skill in the art before the effective filing date to monitor the construction progress monitoring of Kim and Fard with the method of modifying objects of Delplace.
Doing so would allow for detecting the position and/or orientation of a handheld tool to generate instructions to facilitate correctly positioning and orienting the tool to perform the task (Delplace para [0028]).
Regarding Claim 5,
Kim and Fard teach the method of claim 1.
Fard further teaches wherein the object is a first object of the building structure (pg. 400 n. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule.),
While Kim and Fard teach determining a discrepancy of an object, Kim and Fard do not explicitly disclose
and wherein the modification to the building structure includes changing the physical property of the object in the building structure.
However, Delplace (US 20140365259 A1) teaches
and wherein the modification to the building structure includes changing the physical property of the object in the building structure (para [0036] Object data 198 can also generate cues which direct the operator to change the operation of handheld tool 120 so that a bolt is fastened to a proper torque, for example. As a result, verification that a particular task is performed according to the specified conditions can be ensured. Object data 198 is configured to determine how much torque handheld tool 120 has applied to an object while performing a task, such as fastening a bolt, and can generate a message telling the operator of handheld tool 120 to stop fastening when the bolt is sufficiently tight.).
Kim, Fard, and Delplace are analogous because they are directed to the field of Building information modeling.
It would have been obvious to one of ordinary skill in the art before the effective filing date to monitor the construction progress monitoring of Kim and Fard with the method of modifying objects of Delplace.
Doing so would allow for detecting the position and/or orientation of a handheld tool to generate instructions to facilitate correctly positioning and orienting the tool to perform the task (Delplace para [0028]).
Regarding Claim 16,
Kim and Fard teach the at least one non-transitory computer-readable storage medium of claim 15. Fard further teaches wherein the object is a first object of the building structure (pg. 400 n. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule.), and
Kim and Fard do not explicitly disclose
wherein the modification to the building structure includes installation, removal, or modification of a second object of the building structure, the second object being different from the first object.
However, Delplace (US 20140365259 A1) teaches
wherein the modification to the building structure includes installation, removal, or modification of a second object of the building structure, the second object being different from the first object (para [0027]-[0028] During construction, a crane or other device may deliver an object to the proper place for installation. The object may have requirements for proper installation. For example a beam may be installed with bolts where the bolts must be installed with the proper torque. The requirement may be a government requirement, a manufacturer requirement, or may be required by the company providing the construction crew for the building. And para [0042] Information management system 101 can also be used to track the objects being installed and can be compared to a materials list to track inventory of objects that have been installed and objects that need to be installed. And para [0043] and).
Kim, Fard, and Delplace are analogous because they are directed to the field of Building information modeling.
It would have been obvious to one of ordinary skill in the art before the effective filing date to monitor the construction progress monitoring of Kim and Fard with the method of installing objects of Delplace.
Doing so would allow for automatic identification of the object and collecting installation information of the object. The automated steps save the installer time and ensure the installation information gets to the right place so that it may be useful in the future (Delplace para [0028]).
Claims 3 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kim/Fard, as applied above, and further in view of Glunz et al. (US-20170132568-A1).
Regarding Claim 3,
Kim and Fard teach the method of claim 1.
Fard further teaches wherein the object is a first object of the building structure (pg. 400 n. In Fig. 12d, behind schedule steel members along with parts of the foundation components are color coded in red which represent that these components may need corrective actions in order for the project to be on schedule.),
While Kim and Fard teach determining a discrepancy of an object, Kim and Fard do not explicitly disclose
wherein the object is a first object of the building structure, and wherein the modification to the building structure includes removal of a second object from the building structure, the second object being different from the first object.
However, Glunz (US 20170132568 A1) teaches
and wherein the modification to the building structure includes removal of a second object from the building structure, the second object being different from the first object (para [0346] For example, if several architects were working on the walls of a new building that is going to be constructed and a selected wall needs to be removed, a head architect and/or project manager may instruct a desired architect to remove the wall via an e-mail message, via a telephone call, via oral instructions, etc. ).
Kim, Fard, and Glunz are analogous because they are directed to the field of Building information modeling.
It would have been obvious to one of ordinary skill in the art before the effective filing date to monitor the construction progress monitoring of Kim and Fard with the method of removing objects of Glunz.
Doing so would allow for 3D modeling the removal of an object to allow users to preview the desired modification. This allows the architect to view the changes before actually implementing the actual physical removal of the object (Glunz para [0347]).
Claims 7, 11, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kim/Fard, as applied above, and further in view of Schultz et al. (US-20150227644-A1).
Regarding Claim 7,
Kim and Fard teach method of claim 1.
Kim and Fard do not explicitly disclose
wherein the 3D visualization is generated based on a LIDAR scan of the building structure, and wherein the spatial location of the object is determined based on the LIDAR scan of the building structure.
However, Schultz (US 20150227644 A1) teaches
wherein the 3D visualization is generated based on a LIDAR scan of the building structure, and wherein the spatial location of the object is determined based on the LIDAR scan of the building structure (para [0037] The room scanner may be used to collect three-dimensional data points of the floor and/or walls and form a three-dimensional model of the interior room. The three-dimensional data points may be loaded into the three-dimensional model viewer. FIG. 2 illustrates an exemplary three-dimensional model floor plan 20 created using a LiDAR scanner. One or more walls and/or the floor may be projected and extracted into separate images for processing as described in further detail herein.).
Kim, Fard, and Schultz are analogous because they are directed to the field of Building information modeling.
It would have been obvious to one of ordinary skill in the art before the effective filing date to monitor the construction progress monitoring of Kim and Fard with the Lidar scanner of Schultz.
Doing so would allow for generating LIDAR 3D point cloud files that accurately represent real-life characteristics of the building structure (Schultz para [0064]).
Regarding Claim 11,
Kim and Fard teach the computing system of claim 8.
Kim and Fard do not explicitly disclose
further comprising: a LIDAR device, wherein the sensor data includes 3D data points determined by the LIDAR device based on a scan of the building structure.
However, Schultz (US 20150227644 A1) teaches
further comprising: a LIDAR device, wherein the sensor data includes 3D data points determined by the LIDAR device based on a scan of the building structure (para [0037] The room scanner may be used to collect three-dimensional data points of the floor and/or walls and form a three-dimensional model of the interior room. The three-dimensional data points may be loaded into the three-dimensional model viewer. FIG. 2 illustrates an exemplary three-dimensional model floor plan 20 created using a LiDAR scanner. One or more walls and/or the floor may be projected and extracted into separate images for processing as described in further detail herein.).
Kim, Fard, and Schultz are analogous because they are directed to the field of Building information modeling.
It would have been obvious to one of ordinary skill in the art before the effective filing date to monitor the construction progress monitoring of Kim and Fard with the Lidar scanner of Schultz.
Doing so would allow for generating LIDAR 3D point cloud files that accurately represent real-life characteristics of the building structure (Schultz para [0064]).
Regarding Claim 18,
Kim and Fard teach the at least one non-transitory computer-readable storage medium of claim 15.
Kim and Fard do not explicitly disclose
wherein the 3D visualization is based on a LIDAR scan of the building structure, and wherein the location of the object is obtained based on the LIDAR scan of the building structure.
However, Schultz (US 20150227644 A1) teaches
wherein the 3D visualization is based on a LIDAR scan of the building structure, and wherein the location of the object is obtained based on the LIDAR scan of the building structure (para [0037] The room scanner may be used to collect three-dimensional data points of the floor and/or walls and form a three-dimensional model of the interior room. The three-dimensional data points may be loaded into the three-dimensional model viewer. FIG. 2 illustrates an exemplary three-dimensional model floor plan 20 created using a LiDAR scanner. One or more walls and/or the floor may be projected and extracted into separate images for processing as described in further detail herein.).
Kim, Fard, and Schultz are analogous because they are directed to the field of Building information modeling.
It would have been obvious to one of ordinary skill in the art before the effective filing date to monitor the construction progress monitoring of Kim and Fard with the Lidar scanner of Schultz.
Doing so would allow for generating LIDAR 3D point cloud files that accurately represent real-life characteristics of the building structure (Schultz para [0064]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN C MIKOWSKI whose telephone number is (571)272-8525. The examiner can normally be reached generally Monday through Thursday 8 am to 4:30 pm, EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Namrata Boveja can be reached at (571) 272-8105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673
Prosecution Insights