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 .
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.
Acknowledged Receipt
This office action is responsive to amendment filed on 21 July 2026.
Response to Arguments
Applicant’s arguments with respect to Claim(s) 1-24 have been considered but are moot because the new grounds of rejection are based on amendment(s) to the Claim(s).
Status
In the amendment filed 21 July 2026, independent Claim(s) 1, 10 and 19 has/have been amended and Claim(s) 3-5, 11 and 21-22 is/are canceled. A Final Rejection is being issued in this paper with regards to Claim(s) 1-2, 6-10, 12-20 and 23-24.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 6-10, 12-20 and 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Olsson et al. (US 10105723 B1, see reference in its entirety).
With respect to independent Claim 1, Olsson disclose(s): A system (Fig. 13) comprising:
at least one locator (1350) , the locator configured to detect a signal from a below-ground line (col. 29, lines 13-16);
a processor (col. 30, lines 1-12) configured to calculate a position of the below-ground line based upon the signal received by the at least one locator (col. 6, lines 4-16);
a mobile frame (1314); and
a marking device (1310) disposed on the mobile frame (Fig. 13), wherein the marking device is in communication with the processor and configured move along the mobile frame to a location above the below-ground line in response to the calculated position and to record a path line on a surface of the ground overlying the below-ground line (col. 29, lines 31-43).
Regarding Claim 2, Olsson disclose(s) the system of Claim 1.
Olsson further disclose(s): wherein the at least one locator comprises a first locator (1350) and a second locator (1350), wherein the first locator and second locator are disposed on the mobile frame(Fig. 13) and further comprising:
a rail (see annotated Fig. 13 below) disposed between the first locator and the second locator (see annotated Fig. 13 below);
wherein the marking device is disposed on the rail (1310).
Regarding Claim 6, Olsson disclose(s) the system of Claim 1.
Olsson further disclose(s): in which the mobile frame is self-propelled (Fig. 13).
Regarding Claim 7, Olsson disclose(s) the system of Claim 1.
Olsson further disclose(s): in which the mobile frame comprises a handle (see annotated Fig. 13 below).
Regarding Claim 8, Olsson disclose(s) the system of Claim 1.
Olsson further disclose(s): in which the marking device comprises a paint dispenser (1312).
Regarding Claim 9, Olsson disclose(s) the system of Claim 8.
Olsson further disclose(s): in which the paint dispenser is configured to dispense paint at intervals along the path line (1370).
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With respect to independent Claim 10, Olsson disclose(s): An apparatus (Fig. 13) comprising:
a mobile frame (1314) having at least one ground engaging member (see annotated Fig. 13 below);
a marking device disposed on the frame (1310);
at least two locators (1350) configured to detect a signal emanating from an underground line (col. 29, lines 13-16), wherein two of the at least two locators are separated by a width (Fig. 13);
a processor (col. 30, lines 1-12) configured to determine an above-ground path line overlying the underground line using the signal and provide a path signal to the marking device (col. 29, lines 31-43);
in which the marking device is configured to maintain a position on the mobile frame overlying the above-ground path in response to the path signal (col. 29, lines 31-43).
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Regarding Claim 12, Olsson disclose(s) the apparatus of Claim 10.
Olsson further disclose(s): in which the at least two locators are disposed on the mobile frame and separated by the width (Fig. 13);
the mobile frame comprises a rail (see annotated Fig. 13 above);
the marking device is disposed on the rail (Fig. 13); and
the marking device is movable on the rail such that, in response to the path signal, the marking device is moved along the rail to maintain a position overlying the above-ground path line (col. 29, lines 31-43).
Regarding Claim 13, Olsson disclose(s) the apparatus of Claim 10.
Olsson further disclose(s): in which the marking device comprises a paint dispenser (1312).
Regarding Claim 14, Olsson disclose(s) the apparatus of Claim 13.
Olsson further disclose(s): the above-ground path line is stored in a memory (col. 30, lines 8-12).
Regarding Claim 15, Olsson disclose(s) the apparatus of Claim 10.
Olsson further disclose(s): a method comprising placing the mobile frame in an area overlying the underground line (1360) ;
detecting, with the at least two locators, a signal emanating from the underground line (col. 29, lines 31-43);
in response to the signal, determining the above-ground path line overlying the underground line (col. 29, lines 31-43); and
recording a position of the above-ground path line (col. 30, lines 8-12).
Regarding Claim 16, Olsson disclose(s) the method of Claim 15.
Olsson further disclose(s): wherein the step of recording a position of the above-ground path line comprises marking the above-ground path with paint (1370).
Regarding Claim 17, Olsson disclose(s) the method of Claim 15.
Olsson further disclose(s): wherein the step of recording a position of the above-ground path comprises virtually marking the above-ground path line in a data storage (col. 30, lines 8-12).
Regarding Claim 18, Olsson disclose(s) the method of Claim 15.
Olsson further disclose(s): in response to the signal, causing the marking device to move along the width of the mobile frame to maintain a position overlying the above-ground path line (col. 29, lines 31-43).
With respect to independent Claim 19, Olsson disclose(s): A system (Fig. 13) comprising:
an apparatus comprising: a mobile frame (1314), the mobile frame defined by a first side and an opposed second side (see annotated Fig. 13 below), the mobile frame configured to be moved along a direction of travel (col. 29, lines 31-43);
a first locator (1350) disposed on the mobile frame proximate the first side (see annotated Fig. 13 below);
a second locator (1350) disposed on the mobile frame proximate the second side (see annotated Fig. 13 below); and
a marking device (1310) disposed on the mobile frame on a frame line (see annotated Fig. 13 below) between the first locator and the second locator (see annotated Fig. 13 below), wherein the frame line is orthogonal to the direction of travel (see annotated Fig. 13 below); and
wherein the marking device is configured to selectively mark a location along the frame line (col. 29, lines 31-43);
a processor (col. 30, lines 1-12); wherein: the first locator sends a first signal to the processor indicative of a position of a below-ground line (1360 and col. 29, lines 13-16);
the second locator sends a second signal to the processor indicative of a position of the below-ground line (1360 and col. 29, lines 13-16);
the processor determines an estimated above-ground path overlying the below-ground line using the first signal and the second signal (col. 29, lines 31-43); and
the processor generates a marking device signal, whereby the apparatus is configured to place the marking device at a position on the frame line directly above the above-ground path in response to the marking device signal (col. 29, lines 31-43).
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Regarding Claim 20, Olsson disclose(s) the system of Claim 19.
Olsson further disclose(s): in which the marking device is movable along the line (Fig. 13 and col. 29, lines 31-43).
Regarding Claim 23, Olsson disclose(s) the system of Claim 19.
Olsson further disclose(s): in which the marking device is configured to move along the frame line in response to the marking device signal (Fig. 13 and col. 29, lines 31-43).
Regarding Claim 24, Olsson disclose(s) the system of Claim 19.
Olsson further disclose(s): the mobile frame comprises at least one ground-engaging motive member (see annotated Fig. 13 above), and wherein: the rotation of the at least one ground-engaging motive member is directed by the marking device signal (col. 29, lines 24-30).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
The following reference(s) relate(s) to locator with a marker: Nielsen et al. (US 2012/0072035 A1); Hunter, Jr. (US 2002/0108692 A1); Olsson et al. (US 9696448 B2); Raman et al. (US 11666933 B2); Olsson et al. (US 9081109 B1); Hoppel et al. (US 9795984 B2); Nielsen et al. (US 8770140 B2); Davidson (US 11207699 B2); Neuling (US 6206610 B1).
The following reference(s) relate(s) to a marker: Davidson (US 7118629 B2); Harding et al. (US 3477352).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/TC/
01 October 2026
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855
