Prosecution Insights
Last updated: July 17, 2026
Application No. 18/523,875

MEASUREMENT APPLICATION

Non-Final OA §102
Filed
Nov 29, 2023
Priority
Jun 18, 2020 — provisional 63/040,908 +4 more
Examiner
AUGUSTIN, MARCELLUS
Art Unit
2682
Tech Center
2600 — Communications
Assignee
Miview Integrated Solutions LLC
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
698 granted / 854 resolved
+19.7% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
22 currently pending
Career history
883
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
79.5%
+39.5% vs TC avg
§102
14.5%
-25.5% vs TC avg
§112
2.0%
-38.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 854 resolved cases

Office Action

§102
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 . Claims 1-20 are currently pending. Please refer to the action below. Examiner Notes 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. However, the claimed subject matter, not the specification, is the measure of the invention. 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 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-20 is/are rejected under 35 U.S.C. 102 (a)(1) as being unpatentable over Zass et al. (US 2020/0413011, A1). Regarding claim 1, Zass teaches a method of the Abstract comprising: presenting a view to a user device (Zass teaches at least obtained or presented construction site plan image views 610/1000 of at least para. 0096 and Fig. 10 to a user device), wherein the view comprises a design image corresponding to a worksite (Zass further teaches the image views 610/1000 of at least para. 0096 and Fig. 10 may be presented as further illustrated further in para. 0140-0141 as an image overlay collectively comprises a construction design plan image corresponding to a worksite); wherein the design image comprises a measurement point (the design plan images 610 of at least para. 0096 and 0206-0207 comprises measurement points and specification points); receiving a measurement signal (receiving at least performed worksite captured images and parameters including at least captured work time, construction object position, a current performed construction stage at a specific time in para. 0124-0126, 0140, and received measurement dimension of para. 0206-0207); applying a measurement model to the measurement signal to create a measured distance corresponding to the measurement point (apply further a model in at least para. 0161, 0197, and 0284 corresponding to said measurement model to assess the measurement signal of at least para. 0206-0207 to create a measured progress distance/pace corresponding to the measurement point); applying a verification model to the measured distance to create a verification signal (apply the model of further para. 0206-0208 further supported by para. 0129, and 0161 including the work verification means to compare performed works in regards to the construction plans to derive measured work progress and distance to create a verification signal/success/error of further Fig. 9, steps 930-940 and para. 0193 according to the inspection result); and automatically updating the view to an updated view based on the verification signal (automatically updating construction records/plans in para. 0155, 0183-0186, and Fig. 11, to an updated construction plan/record, based on the verification process or illustrated in at least para. 0193, 0206-0208 and Fig. 9); wherein the updated image comprises the measured distance (updated images of further para. 0183 and 0186 further comprises progress distances or measured worked distances indicative of an up-to-date construction plan/record). Regarding claim 2 (according to claim 1), Zass further teaches wherein further comprising: automatically presenting a camera view responsive to the verification signal indicating a successful verification (presented updated construction plan of further para. 0155 or 0143 may comprise obviously a camera view responsive to the quality indication and the verification signal/measurement indicating obviously in a case a successful verification); receiving a worksite image captured with a user device (first and second images of at least para. 0186); wherein the worksite image is captured at the worksite (para. 0186); wherein the worksite image comprises at least one watermark embedded within the worksite image, at least one highlight overlaid onto the worksite image, and worksite text overlaid onto the worksite image (receiving at least performed worksite captured images and parameters of at least para. 0124-0126, 0140 including at least one watermark embedded within the worksite image comprising captured work time, construction object position, a current performed construction stage at a specific time); presenting a worksite thumbnail generated from the worksite image in the updated view (para. 0186 and 0155 further teaches a case of updating the progress records 630 with a worksite thumbnail generated from the worksite image in the updated view which obviously may be viewed or presented later). Regarding claim 3 (according to claim 1), Zass further teaches wherein further comprising: automatically presenting a confirmation view responsive to the verification signal indicating an unsuccessful verification (presented updated construction plan of at least para. 0155 comprises one of an automated presenting confirmation view responsive to the verification signal indicating an unsuccessful or discrepancy verification). Regarding claim 4 (according to claim 1), Zass further teaches wherein further comprising: receiving a second measurement signal from a measurement device (received one or more second images para. 0161, 0206-0208, and 0304 including at least second images comprising marked completed tasks including second measurement signal from a measurement model device of at least para. 0161); applying the measurement model to the second measurement signal to generate a second measured distance (apply the model of at least para, 0161, 0197, and 0284 to measure progress distances and pace according to the one or more second image parameters of para. 0161, 0206-0208, and 0304 thereby generate said a second measured distance); applying a second verification model to the second measured distance to generate a second verification signal corresponding to the measurement point (the models of para. 0161, 0206-0208, and 0304 further comprises a verification model to generate a second verification signal corresponding to the measurement point, by looking for at least construction errors, discrepancies and defects in the measurements/dimensions); and automatically updating the view to the updated view, wherein the updated view comprises the measured distance and the second measured distance (automatically present further in at least para. 0155, 0183 and 0186 updated plan images wherein the updated image view comprises the completed measured work distance and the second measured distance). Regarding claim 5 (according to claim 1), Zass further teaches wherein presenting the view further comprises: the image comprising an expected distance corresponding to the measurement point (expect milestone, task completion of at least 0098, are compared to the expectation of further para. 0151 where the images of further para. 0151 may show in a case a presence or absence of an expected work progress or distance corresponding to a realtime measurement point). Regarding claim 6 (according to claim 1), Zass further teaches wherein presenting the view further comprises: presenting the updated view comprising the updated image, wherein the updated image further comprises an expected distance and the measured distance (evaluated or assessed expectations of further para. 0151 as implied are updated at least based on an expected work/progress distance and the measured actual distance). Regarding claim 7 (according to claim 1), Zass further teaches wherein further comprising: the verification signal indicating that the measured distance is within a tolerance value of an expected distance (presentation overlay of further para. 0154-0155 may comprise verification data may show as illustrated “textual information specifying the desired dimensions and/or the actual dimensions” which may obviously indicate in a case measured distance within a tolerance value of an expected distance). Regarding claim 8 (according to claim 1), Zass further teaches wherein further comprising: the measurement signal comprising a capture angle and a capture distance (captured detected work image objects of further para. 0195, 0203, 0205, and 0212 further comprises a particular measured angle indication, and capture position or distance); and the verification model calculating the measured distance from the capture angle and the capture distance (the update and or implied verification of further para. 0195 further para. 0203, 0205, and 0212 calculated based on the determined particular measured angle indication of further and capture position or distance). Regarding claim 9 (according to claim 1), Zass further teaches wherein further comprising: presenting a task item of a task checklist (para. 0156 further teaches presented tasks of the construction project); wherein the task item is automatically updated based on the verification signal (task items of further para. 0161, and 0189 further updated and marked automatically based on the verification signal); wherein the task item is presented with a worksite thumbnail generated from a worksite image captured at the worksite (the presented tasks of further para. 0156 further presented with tasks images of the worksite generated from a worksite image captured at the worksite). Regarding claim 10 (according to claim 1), Zass further teaches wherein further comprising: presenting a worksite item of a worksite checklist (presenting further in para. 0156 and 0161 a worksite item including at least schedule task, and completed tasks of a worksite project checklist); applying a completion model to the worksite item to generate a completion signal (using or applying at least an artificial neural network of at least para. 0161 as a verification, measurement and a completion model to measure performed worksite item to generate a completion signal result); and automatically updating the worksite item to an updated worksite item based on the completion signal (updating further in at least para. 0179 automatically performed and marked completion tasks or items of at least para. 0161 to an updated marked worksite item based on the completion signal). Regarding claim 11, Zass teaches a system (system of at least Figs. 1) comprising: at least one processor (processor 220 of at least para. 0103); an application executing on the at least one processor (implied component of the processing unit 220 of further para. 0103 further indicating said application) to perform: presenting a view to a user device (Zass teaches at least obtained or presented construction site plan image views 610/1000 of at least para. 0096 and Fig. 10 to a user device), wherein the view comprises a design image corresponding to a worksite (Zass further teaches the image views 610/1000 of at least para. 0096 and Fig. 10 may be presented as further illustrated further in para. 0140-0141 as an image overlay collectively comprises a construction design plan image corresponding to a worksite); wherein the design image comprises a measurement point (the design plan images 610 of at least para. 0096 and 0206-0207 comprises measurement points and specification points); receiving a measurement signal (receiving at least performed worksite captured images and parameters including at least captured work time, construction object position, a current performed construction stage at a specific time in para. 0124-0126, 0140, and received measurement dimension of para. 0206-0207); applying a measurement model to the measurement signal to create a measured distance corresponding to the measurement point (apply further a model in at least para. 0161, 0197, and 0284 corresponding to said measurement model to assess the measurement signal of at least para. 0206-0207 to create a measured progress distance/pace corresponding to the measurement point); applying a verification model to the measured distance to create a verification signal (apply the model of further para. 0206-0208 further supported by para. 0129, and 0161 including the work verification means to compare performed works in regards to the construction plans to derive measured work progress and distance to create a verification signal/success/error of further Fig. 9, steps 930-940 and para. 0193 according to the inspection result); and automatically updating the view to an updated view based on the verification signal (automatically updating construction records/plans in para. 0155, 0183-0186, and Fig. 11, to an updated construction plan/record, based on the verification process or illustrated in at least para. 0193, 0206-0208 and Fig. 9); wherein the updated image comprises the measured distance (updated images of further para. 0183 and 0186 further comprises progress distances or measured worked distances indicative of an up-to-date construction plan/record). Regarding claim 12 (according to claim 11), Zass further teaches wherein the application further performs: automatically presenting a camera view responsive to the verification signal indicating a successful verification (presented updated construction plan of further para. 0155 or 0143 may comprise obviously a camera view responsive to the quality indication and the verification signal/measurement indicating obviously in a case a successful verification); receiving a worksite image captured with a user device (first and second images of at least para. 0186); wherein the worksite image is captured at the worksite (para. 0186); wherein the worksite image comprises at least one watermark embedded within the worksite image, at least one highlight overlaid onto the worksite image, and worksite text overlaid onto the worksite image (receiving at least performed worksite captured images and parameters of at least para. 0124-0126, 0140 including at least one watermark embedded within the worksite image comprising captured work time, construction object position, a current performed construction stage at a specific time); presenting a worksite thumbnail generated from the worksite image in the updated view (para. 0186 and 0155 further teaches a case of updating the progress records 630 with a worksite thumbnail generated from the worksite image in the updated view which obviously may be viewed or presented later). Regarding claim 13 (according to claim 11), Zass further teaches wherein the application further performs: automatically presenting a confirmation view responsive to the verification signal indicating an unsuccessful verification (presented updated construction plan of at least para. 0155 comprises one of an automated presenting confirmation view responsive to the verification signal indicating an unsuccessful or discrepancy verification). Regarding claim 14 (according to claim 11), Zass further teaches wherein the application further performs: receiving a second measurement signal from a measurement device (received one or more second images para. 0161, 0206-0208, and 0304 including at least second images comprising marked completed tasks including second measurement signal from a measurement model device of at least para. 0161); applying the measurement model to the second measurement signal to generate a second measured distance (apply the model of at least para, 0161, 0197, and 0284 to measure progress distances and pace according to the one or more second image parameters of para. 0161, 0206-0208, and 0304 thereby generate said a second measured distance); applying a second verification model to the second measured distance to generate a second verification signal corresponding to the measurement point (the models of para. 0161, 0206-0208, and 0304 further comprises a verification model to generate a second verification signal corresponding to the measurement point, by looking for at least construction errors, discrepancies and defects in the measurements/dimensions); and automatically updating the view to the updated view, wherein the updated view comprises the measured distance and the second measured distance (automatically present further in at least para. 0155, 0183 and 0186 updated plan images wherein the updated image view comprises the completed measured work distance and the second measured distance). Regarding claim 15 (according to claim 11), Zass further teaches wherein presenting the view further comprises: the image comprising an expected distance corresponding to the measurement point (expect milestone, task completion of at least 0098, are compared to the expectation of further para. 0151 where the images of further para. 0151 may show in a case a presence or absence of an expected work progress or distance corresponding to a realtime measurement point). Regarding claim 16 (according to claim 11), Zass further teaches wherein presenting the view further comprises: presenting the updated view comprising the updated image, wherein the updated image further comprises an expected distance and the measured distance (evaluated or assessed expectations of further para. 0151 as implied are updated at least based on an expected work/progress distance and the measured actual distance). Regarding claim 17 (according to claim 11), Zass further teaches wherein the application further performs: the verification signal indicating that the measured distance is within a tolerance value of an expected distance (presentation overlay of further para. 0154-0155 may comprise verification data may show as illustrated “textual information specifying the desired dimensions and/or the actual dimensions” which may obviously indicate in a case measured distance within a tolerance value of an expected distance). Regarding claim 18 (according to claim 11), Zass further teaches wherein the application further performs: the measurement signal comprising a capture angle and a capture distance (captured detected work image objects of further para. 0195, 0203, 0205, and 0212 further comprises a particular measured angle indication, and capture position or distance); and the verification model calculating the measured distance from the capture angle and the capture distance (the update and or implied verification of further para. 0195 further para. 0203, 0205, and 0212 calculated based on the determined particular measured angle indication of further and capture position or distance). Regarding claim 19 (according to claim 11), Zass further teaches wherein the application further performs: presenting a task item of a task checklist (para. 0156 further teaches presented tasks of the construction project); wherein the task item is automatically updated based on the verification signal (task items of further para. 0161, and 0189 further updated and marked automatically based on the verification signal); wherein the task item is presented with a worksite thumbnail generated from a worksite image captured at the worksite (the presented tasks of further para. 0156 further presented with tasks images of the worksite generated from a worksite image captured at the worksite). Regarding claim 20, Zass teaches at least in para. 0018 and 0103 a non-transitory computer readable medium comprising instruction that, when executed on at least one processor 220, perform: presenting a view to a user device (Zass teaches at least obtained or presented construction site plan image views 610/1000 of at least para. 0096 and Fig. 10 to a user device), wherein the view comprises a design image corresponding to a worksite (Zass further teaches the image views 610/1000 of at least para. 0096 and Fig. 10 may be presented as further illustrated further in para. 0140-0141 as an image overlay collectively comprises a construction design plan image corresponding to a worksite); wherein the design image comprises a measurement point (the design plan images 610 of at least para. 0096 and 0206-0207 comprises measurement points and specification points); receiving a measurement signal (receiving at least performed worksite captured images and parameters including at least captured work time, construction object position, a current performed construction stage at a specific time in para. 0124-0126, 0140, and received measurement dimension of para. 0206-0207); applying a measurement model to the measurement signal to create a measured distance corresponding to the measurement point (apply further a model in at least para. 0161, 0197, and 0284 corresponding to said measurement model to assess the measurement signal of at least para. 0206-0207 to create a measured progress distance/pace corresponding to the measurement point); applying a verification model to the measured distance to create a verification signal (apply the model of further para. 0206-0208 further supported by para. 0129, and 0161 including the work verification means to compare performed works in regards to the construction plans to derive measured work progress and distance to create a verification signal/success/error of further Fig. 9, steps 930-940 and para. 0193 according to the inspection result); and automatically updating the view to an updated view based on the verification signal (automatically updating construction records/plans in para. 0155, 0183-0186, and Fig. 11, to an updated construction plan/record, based on the verification process or illustrated in at least para. 0193, 0206-0208 and Fig. 9); wherein the updated image comprises the measured distance (updated images of further para. 0183 and 0186 further comprises progress distances or measured worked distances indicative of an up-to-date construction plan/record). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCELLUS AUGUSTIN whose telephone number is (571)270-3384. The examiner can normally be reached 9 AM- 5 PM. 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, BENNY TIEU can be reached at 571-272-7490. 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. /MARCELLUS J AUGUSTIN/Primary Examiner, Art Unit 2682 04/15/2026
Read full office action

Prosecution Timeline

Nov 29, 2023
Application Filed
Apr 23, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
98%
With Interview (+15.9%)
2y 7m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 854 resolved cases by this examiner. Grant probability derived from career allowance rate.

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