Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: communication and control module in claim 19.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The generic placeholders were given functional language in the claims without structure in the claims. The generic placeholders are understood as being generic processing units given an algorithm as shown in figure 11. For the purpose of examination, any electrical components capable of performing the functions claimed will correspond to the generic placeholders.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-12, 14-18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dahlstrom (US PUB. 20150344136, herein Dahlstrom).
Regarding claim 1, Dahlstrom teaches A method comprising:
receiving input from a user via a user interface (0031 “a touch screen or other user interface, such as, but not limited to, a verbal command receiver is utilized for communications between the user and the aerial vehicle. The hardware interface allows programs sub-routines, software and other applications to operate on it or in conjunction with it. Further, the hardware interface allows for remote, wireless, or wired communications with other devices or controllers”;
automatically translating the user input into instructions that, when executed by a remotely located painting device, cause the operation of the painting device to be controlled by the user in real time or near real time (0036 “monitors and/or sensors, including video cameras, or paint depth gauges/sensors (namely sensors that touch the wall and measure paint depth or thickness, including, but not limited to, dry film thickness digital gauges) may be attached to the aerial vehicle 100 or an arm or one or more attachments. The monitors and/or sensors can monitor the paint application and adjust the paint flow or paint pressure or require the aerial vehicle 100 to adjust in real time or to complete an additional “pass” over the area with another spray for optimal paint application and coverage. That is, sensors such as, but not limited to, cameras or depth gauges may be used to detect “runs”, “skips” or “holidays” (instances where the paint application is not optimal and some of the old paint color may show through). Based on this detection, the command and control system 102 may cause the aerial vehicle 100 to repaint such deficient areas or may adjust spray volume or parameters”);
and operating the movement and position of the painting device in real time or near real time based on the received instructions (0054 “commands provided to the module 102 are general (e.g., proceed to position X, scan the wall, process the scan, determine areas to be painted and paint the wall) and the command and control system 102 determines the appropriate actions to carry out the command. In another embodiment, the command module 102 receives a general command and generates sub-commands in order to execute the general command. In another embodiment, the command and control system 102 transmits the information to an operator or remote facilitator or supervisor who approves or modifies the action plan the command and control system 102 would then execute, or carry out. The aerial vehicle 100 may transmit data and information back to the base station 300.”).
Regarding claim 2, the cited prior art teach The method of claim 1.
Dahlstrom teaches wherein the user input includes input indicating at least one of: a direction, a pitch, and a movement speed of the painting device (0088 “a painting accessory attached for movement to the aerial vehicle 104 may be pitched upward by causing motor to point accessory 104 upward, altering the attitude of the aerial vehicle 100 by pitching a portion of the vehicle upward, or both, in order to cut in near the top of an interior wall. Such action may be necessary in order to avoid running into the ceiling or other obstacle. As disclosed above, a sensor or another device may be attached and function through the accessory 104. A non-limiting example of such another device or sensor is a camera accessory that may have an infrared light emitted attached or modularly added to the accessory 104.”).
Regarding claim 3, the cited prior art teach The method of claim 1.
Dahlstrom teaches wherein the user input includes an indication or selection of a color (0057 “the image 106 may be a combination of real time image and data plus pre-generated images or data. The image 106 may be provided or presented with overlaid additional images, data or information. As a non-limiting example, the image may be overlaid with a color to facilitate an operator “envisioning” a color of paint to apply to a specific area of the structure”, 0056 “candidate area 704 may be presented to the user 604 by highlighting the area, as shown. More than one area 704 may be identified. In another embodiment, the mobile device 402 presents the candidate area 702 to the user 604 by other mechanisms apparent to those skilled in the relevant arts after reading the description herein. The user 604 may accept candidate areas 702, or modify the selections, and the related aerial vehicle 100 operations by clicking, or selecting an acceptance button 704 or indicator.”).
Regarding claim 5, the cited prior art teach The method of claim 1.
Dahlstrom teaches wherein the instructions include instructions for controlling at least one of: a position, a pitch, and a speed of the painting device (0088 “a painting accessory attached for movement to the aerial vehicle 104 may be pitched upward by causing motor to point accessory 104 upward, altering the attitude of the aerial vehicle 100 by pitching a portion of the vehicle upward, or both, in order to cut in near the top of an interior wall. Such action may be necessary in order to avoid running into the ceiling or other obstacle. As disclosed above, a sensor or another device may be attached and function through the accessory 104. A non-limiting example of such another device or sensor is a camera accessory that may have an infrared light emitted attached or modularly added to the accessory 104.”).
Regarding claim 6, the cited prior art teach The method of claim 1.
Dahlstrom teaches further comprising displaying to the user in real time or near real time a video feed of at least one of the surface to be painted and the painting device (0036).
Regarding claim 7, the cited prior art teach The method of claim 1.
Dahlstrom teaches wherein at least one of the user input and the instructions are stored (0072 0034).
Regarding claim 8, the cited prior art teach The method of claim 7.
Dahlstrom teaches wherein the stored user input or stored instructions are used to reproduce the operation of the painting device without additional user input (0072)..
Regarding claim 9, the cited prior art teach The method of claim 1.
Dahlstrom teaches further comprising creating a digital image of the artwork based on the physical instance of the artwork (0057 “the image 106 may be a combination of real time image and data plus pre-generated images or data. The image 106 may be provided or presented with overlaid additional images, data or information. As a non-limiting example, the image may be overlaid with a color to facilitate an operator “envisioning” a color of paint to apply to a specific area of the structure”, 0056 “candidate area 704 may be presented to the user 604 by highlighting the area, as shown. More than one area 704 may be identified. In another embodiment, the mobile device 402 presents the candidate area 702 to the user 604 by other mechanisms apparent to those skilled in the relevant arts after reading the description herein. The user 604 may accept candidate areas 702, or modify the selections, and the related aerial vehicle 100 operations by clicking, or selecting an acceptance button 704 or indicator. As a non-limiting example, the structure 602 is scanned and a report may be provided that, for example specifies windows need cleaning whereas other windows do not. As another non-limiting example, information identifying that a specific section may need painting whereas another section may only need. “spot treatments” while another section does not need any coating or paint. Thus, considering the non-limiting examples, the mobile device 402 may apply a grid, template, or another mapping approach to overlay the image 606 to assist in identifying to the user 604 what areas of the structure 602 need or do not need attention”).
Claims 10-12, 14-18 and 20 are rejected using similar reasoning as the rejection of claims 1-3, 5-9 due to reciting similar limitations but directed towards a system and a computer program product.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahlstrom (US PUB. 20150344136, herein Dahlstrom) in view of Li et al (US PAT. 12026912, herein Li).
Regarding claim 4, the cited prior art teach The method of claim 1.
Li teaches wherein the user input includes a timestamped sequence of vectors (19:35-45 “timestamp, the number of keypoints, the keypoints coordinates, and the keypoint descriptors are combined as template image feature data, and the template image processing unit 416 is further configured to send the template image feature data to the computing device 450. The format of the timestamp varies and may represent an accurate time (in millisecond or CPU clock tick count number), and the keypoints may be in the form of (K.sub.x, K.sub.y, F), where K.sub.x and K.sub.y are coordinates of a keypoint in the 2D template image coordinate, and F is the descriptor or vector representing features of the keypoint. An exemplary template image feature data can include a timestamp of 1614823076, and k number of keypoints (2, 6, f.sub.1), (7, 18, f.sub.2), . . . , (636, 479, f.sub.k).”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Dahlstrom with the teachings of Li with the teachings of Li since Li teaches a means for an efficient approach to accurate aiming (3:25-30).
Claim 13 are rejected using similar reasoning as the rejection of claim 4 due to reciting similar limitations but directed towards a system.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahlstrom (US PUB. 20150344136, herein Dahlstrom) in view of Li et al (US PAT. 12026912, herein Li).
Regarding claim 19, Dahlstrom teaches An apparatus comprising:
a communications module receiving at least one of input from a user or instructions from a translation module, wherein the user input is automatically translated into the instructions such that, when executed by the painting device, they cause the operation of the painting device to be controlled by the user in real time or near real time (0036 “monitors and/or sensors, including video cameras, or paint depth gauges/sensors (namely sensors that touch the wall and measure paint depth or thickness, including, but not limited to, dry film thickness digital gauges) may be attached to the aerial vehicle 100 or an arm or one or more attachments. The monitors and/or sensors can monitor the paint application and adjust the paint flow or paint pressure or require the aerial vehicle 100 to adjust in real time or to complete an additional “pass” over the area with another spray for optimal paint application and coverage. That is, sensors such as, but not limited to, cameras or depth gauges may be used to detect “runs”, “skips” or “holidays” (instances where the paint application is not optimal and some of the old paint color may show through). Based on this detection, the command and control system 102 may cause the aerial vehicle 100 to repaint such deficient areas or may adjust spray volume or parameters”).
and a control module for operating the movement and position of the painting device in real time or near real time based on the received instructions to eject paint from one or more nozzles onto a physical surface, wherein the control module is configured to communicate with one or more micro controller units for controlling the movement and position of the painting devices (0054 “commands provided to the module 102 are general (e.g., proceed to position X, scan the wall, process the scan, determine areas to be painted and paint the wall) and the command and control system 102 determines the appropriate actions to carry out the command. In another embodiment, the command module 102 receives a general command and generates sub-commands in order to execute the general command. In another embodiment, the command and control system 102 transmits the information to an operator or remote facilitator or supervisor who approves or modifies the action plan the command and control system 102 would then execute, or carry out. The aerial vehicle 100 may transmit data and information back to the base station 300.”) [and to communicate with one or more stepper motors for controlling the plungers associated with each of the syringes for ejecting the paint therefrom].
The cited prior art do not teach one or more painting devices, wherein the painting devices include at least one of a plurality of syringes, each syringe containing a paint and having a plunger; and to communicate with one or more stepper motors for controlling the plungers associated with each of the syringes for ejecting the paint therefrom.
Gueller teaches one or more painting devices, wherein the painting devices include at least one of a plurality of syringes, each syringe containing a paint and having a plunger (0058 “example a liquid paint formulation F is held in readiness in a storage container V (FIG. 1a). A desired (relatively small) amount of the paint formulation F is drawn up from the storage container V into an application container 10 (FIG. 1b). The application container 10 is syringe-like and has a chamber 11, a plunger 12 axially displaceable therein, a plunger rod 13 and an application tip 14. In practice, a commercially available disposable syringe or a (plunger) pipette is advantageously used as application container”);
and to communicate with one or more stepper motors for controlling the plungers associated with each of the syringes for ejecting the paint therefrom (0036 “electronic controller for the robot and, where applicable, for the second robot, for discharge means for discharging substance contained in the application container from the application container and for supplying gas to the spray head, the controller being programmed so that it can autonomously control the workflows necessary for carrying out the spraying process. In this way the spray device is able to operate automatically”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Dahlstrom with the teachings of Gueller since Gueller teaches a means for “optimises the workflows and parameters necessary for carrying out the spraying process” (0037).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMEEM SIDDIQUEE whose telephone number is (571)272-1627. The examiner can normally be reached M-F 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAMEEM D SIDDIQUEE/
Primary Examiner
Art Unit 2116
Prosecution Insights