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 .
Status of Claims
Claims 1-17 are pending.
Allowable Subject Matter
Claims 13-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 13, prior art alone or as combined, fails to teach the short distance calibration functionality being based on separate distance measurements of the two beam components for determining distance calibration parameters, using an assumed identical dispersion and an assumed identical distance for the two beams, then using the calibration parameters to carry out the dispersion compensated distance measurement, as considered together with all limitations of claim 1.
Claims 14-17 are allowable due to claim dependency.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/30/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1,5 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Takeshi Kikuchi, US 20230126808 A1 (“Kikuchi”) in view of Kawasaki et al., US 8368900 B2 (“Kawasaki”).
Regarding claim 1, Kikuchi teaches a geodetic surveying device (Fig.1 and [0035], surveying instrument 1) comprising:
a base and a targeting component, which is rotatable about two alignment axes relative to the base (Fig.1, base 1a and telescope 1c. [0038] The rotation driving unit 21c is a motor, which is controlled by the control arithmetic unit 10 to drive the rotation shafts of the telescope 1c and the bracket portion 1b. Fig. 21B, H & V axes),
angle determining means configured to generate angle data providing an orientation of the targeting component with respect to the two alignment axes ([0037] The angle-measuring unit 21b measures the horizontal angle and vertical angle to a target by measuring a vertical rotation angle of the telescope 1c and a horizontal rotation angle of a bracket portion 1b with respect to a base portion 1a with a rotary encoder disposed on each rotation axis),
Kikuchi does not expressly disclose: and a laser distance measurement module configured to emit a measurement beam with two different beam components of different carrier wavelengths via a beam exit at the targeting component, and to carry out a dispersion compensated distance measurement to a measurement point targeted by the measurement beam taking into account a dispersive compensation derived from distances measured by the two beam components, and a reference channel and a beam splitting arrangement configured to split part of the measurement beam into the reference channel, wherein the reference channel comprises a wavelength determination assembly configured to provide a wavelength measurement that provides measured wavelengths of the two beam components, wherein the surveying device is configured to take into account the measured wavelengths to derive the dispersive compensation.
Kawasaki teaches a laser distance measurement module configured to emit a measurement beam with two different beam components of different carrier wavelengths via a beam exit at the targeting component, and to carry out a dispersion compensated distance measurement to a measurement point targeted by the measurement beam taking into account a dispersive compensation derived from distances measured by the two beam components (Fig. 6 and [38], a laser 416 which outputs the laser beam of the wavelength λ1, and a laser 417 which outputs the laser beam of the wavelength λ2 impinge on the interference optical system configured by the reference mirror 109 and the target 110, while being coaxially superimposed on each other. From the laser beams of the wavelengths λ1, λ2, the distance measurement values D1, D2 are obtained, and the geometric distance L is calculated in accordance with Expression (1):
L = D2 - A*(D2 - D1), and
a reference channel and a beam splitting arrangement configured to split part of the measurement beam into the reference channel, wherein the reference channel comprises a wavelength determination assembly configured to provide a wavelength measurement that provides measured wavelengths of the two beam components (Fig. 6: The laser beams impinging on the beam splitter 106, and superimposed on an optical comb generated from an optical comb generator 104 through a beam splitter 107, and then received by detector 105, and the frequency measuring apparatus 103, which measures the wavelengths of the laser beams),
wherein the surveying device is configured to take into account the measured wavelengths to derive the dispersive compensation ([28] The correct wavelengths at which the distance measurement values D1, D2 are respectively obtained are measured by the frequency measuring system configured by the detector 105, the frequency measuring apparatus 103, and the like, and the results are reflected to the value of the constant A of Expression (1), thereby calculating the geometric distance L).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the surveying instrument disclosed by Kikuchi, such that the distance measuring unit 21a is updated to carry out a dispersion compensated distance measurement, as taught by Kawasaki. This is simply an obvious variation in the system design that is known and predictable in the art. “Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art” (MPEP 2141.III KSR Rationale F).
Regarding claim 5, Kikuchi in view of Kawasaki, teaches the surveying device according to claim 1, wherein:
Kawasaki further teaches the surveying device comprises two light emitters, wherein each of the two light emitters is configured to generate one of the two beam components, respectively, wherein the surveying device comprises an optical beam guidance configured to bring the two beam components together coaxially in order to generate the measurement beam (Fig. 6 and [38], a laser 416 which outputs the laser beam of the wavelength λ1, and a laser 417 which outputs the laser beam of the wavelength λ2 impinge on the interference optical system configured by the reference mirror 109 and the target 110, while being coaxially superimposed on each other), or
Kawasaki further teaches the surveying device comprises a light emitter and an optical frequency multiplier arrangement, wherein the optical frequency multiplier arrangement is configured to generate an additional radiation component from radiation emitted by the light emitter, wherein the radiation emitted by the light emitter and the additional radiation component have different wavelengths (Fig.7 and [39], variable wavelength laser 101. A plurality of or at least three wavelengths may be used so that refractive index correction is performed more accurately).
Regarding claim 8, Kikuchi in view of Kawasaki, teaches the surveying device according to claim 1. Kawasaki further teaches: wherein the surveying device is configured to carry out the wavelength measurement continuously and in parallel to the dispersion compensated distance measurement and to derive the dispersive compensation using a time averaging over multiple results of the wavelength measurement ([33] The interferometric measurement is performed to obtain the distance measurement value D1, and at the same time the correct oscillation wavelength λ1 at this time is measured. [40] Distance measurement values D1, D2, D3,... are obtained by the laser beams of the wavelengths λ1, λ2, λ3, ... output from the variable wavelength laser 101, geometric distances L12, L23, L31, ... are calculated by respective combinations of the values, and the average value of the distances is obtained, whereby a measurement of the geometric distance L which is more accurate than the case of two wavelengths can be realized).
Regarding claim 9, Kikuchi in view of Kawasaki, teaches the surveying device according to claim 1. Kawasaki further teaches: wherein the surveying device is configured to carry out the wavelength measurement at intermittent points in time, particularly wherein the wavelength measurement is then carried out in parallel to the dispersion compensated distance measurement ([33] The interferometric measurement is performed to obtain the distance measurement value D1, and at the same time the correct oscillation wavelength λ1 at this time is measured. It should be noted that continuous measurement points include intermittent points).
Claims 2-4, and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Takeshi Kikuchi, US 20230126808 A1 (“Kikuchi”) in view of Kawasaki et al., US 8368900 B2 (“Kawasaki”), further in view of Atabaki et al., US 10656012 B2 (“Atabaki”).
Regarding claim 2, Kikuchi in view of Kawasaki, teaches the surveying device according to claim 1. However, they do not expressly disclose: wherein the wavelength determination assembly comprises a common wavelength-selective optical component arranged to lie in a common optical path of the two beam components, and particularly a common light detector for providing the wavelength measurement.
Atabaki teaches a spectroscopy system, wherein the wavelength determination assembly comprises a common wavelength-selective optical component arranged to lie in a common optical path of the two beam components, and particularly a common light detector for providing the wavelength measurement (Fig. 2B and [35,44], wavemeter 220, diffraction grating 222, image sensor (detector) 224).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the surveying instrument taught by Kikuchi and Kawasaki, to incorporate the wavemeter as taught by Atabaki. This is simply an obvious variation in the system design that is known and predictable in the art. “Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art” (MPEP 2141.III KSR Rationale F).
Regarding claim 3, Kikuchi in view of Kawasaki, further in view of Atabaki teach the surveying device according to claim 2. Atabaki further teaches wherein:
the common wavelength-selective optical component and a light detector for providing the wavelength measurement are comprised in a monolithic structure, or a light detector for providing the wavelength measurement is attached directly to the common wavelength-selective optical component (Fig. 2B and [35], The PIC 202 integrates the excitation laser source 210 along with the wavemeter 220 for wavelength and power monitoring and calibration. Virtually all functions prior to sample illumination/excitation can be integrated on this PIC 202 [...] passive and active elements of the wavemeter 220 (e.g., a diffraction grating 222). [44] The detector 224 in the wavemeter 220 can monitor optical power at several locations on the PIC 202 in addition to sensing diffracted light for wavelength measurements. The detector can be integrated on the chip).
Regarding claim 4, Kikuchi in view of Kawasaki, further in view of Atabaki teach the surveying device according to claim 3. Kawasaki further teaches wherein the surveying device comprises a light source configured to generate the measurement beam with the two different beam components (Fig. 6 and [38], a laser 416 which outputs the laser beam of the wavelength λ1, and a laser 417 which outputs the laser beam of the wavelength λ2) and Atabaki further teaches
the monolithic structure comprises the light source (Fig. 2B and [35], The PIC 202 integrates the excitation laser source 210 along with the wavemeter 220 for wavelength and power monitoring and calibration.) and/or the light source and the light detector are arranged on the same electronics board (Fig. 2B, PIC chip on silicon substrate 204).
Regarding claim 6, Kikuchi in view of Kawasaki, teaches the surveying device according to claim 1. However, they do not expressly disclose: wherein the wavelength determination assembly comprises a diffractive grating.
Atabaki teaches wherein the wavelength determination assembly comprises a diffractive grating (Fig. 2B and [35], wavemeter 220, diffraction grating 222)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the surveying instrument taught by Kikuchi and Kawasaki, to incorporate the wavemeter as taught by Atabaki. This is simply an obvious variation in the system design that is known and predictable in the art. “Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art” (MPEP 2141.III KSR Rationale F).
Regarding claim 7, Kikuchi in view of Kawasaki, teaches the surveying device according to claim 1. However, they do not expressly disclose: wherein the wavelength determination assembly comprises a line sensor.
Atabaki teaches wherein the wavelength determination assembly comprises a line sensor (Fig. 2B and [44], wavemeter 220, image sensor (detector) 224. The detector can be integrated on the chip with the rest of the waveguide components or can be an off-chip detector array, such as a multi-element detector array, CMOS image sensor, CCD, or focal-plane array).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the surveying instrument taught by Kikuchi and Kawasaki, to incorporate the wavemeter as taught by Atabaki. This is simply an obvious variation in the system design that is known and predictable in the art. “Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art” (MPEP 2141.III KSR Rationale F).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Takeshi Kikuchi, US 20230126808 A1 (“Kikuchi”) in view of Kawasaki et al., US 8368900 B2 (“Kawasaki”), further in view of Keaveney et al., US 11435234 B1 (“Keaveney”).
Regarding claim 10, Kikuchi in view of Kawasaki, teaches the surveying device according to claim 9. However, they do not expressly disclose wherein the surveying device is configured to determine a data history on the basis of multiple results of the wavelength measurement and/or the dispersion compensated distance measurement and to use the data history to determine a measurement time point for carrying out a next wavelength measurement.
Keaveney teaches a method for a wavelength measurement system configured to determine a data history on the basis of multiple results of the wavelength measurement and/or the dispersion compensated distance measurement and to use the data history to determine a measurement time point for carrying out a next wavelength measurement (Fig. 4 and [83], data 416 stored in the memory 412 may also include information associated with the reference laser beam (e.g., wavelength or frequency, ...). [35] Kalman-type filters may be implemented as a signal processing tool that uses a weighted combination of measurement data and a process model to predict the true system state. The Kalman-type filters rely on some knowledge of the system evolution, e.g., the optical instrument evolution, which can be informed by the past measurement history and/or some physical model of the system dynamics to predict a future state of the system. When the system is updated, such as when new data arrives, the predicted state is compared with the next set of noisy measurement data, and then the prediction and measurement are weighted to estimate the true system state).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the surveying instrument taught by Kikuchi and Kawasaki, to incorporate as part of the software operations, the Kalman-type filter method for the calculation of the wavelength measurement, as taught by Keaveney. The employment of such Kalman-type filter offers many advantages that make them suitable for increasing the measurement precision of an optical instrument (Keaveney, [36]).
Regarding claim 11, Kikuchi in view of Kawasaki, teaches the surveying device according to claim 1. However, they do not expressly disclose: wherein the surveying device is configured to calculate a theoretical ambient temperature parameter and/or a theoretical ambient pressure parameter based on the distances measured by the two beam components and to determine plausibility information for the dispersion compensated distance measurement, for which the surveying device is configured: to carry out a comparison between the theoretical ambient temperature parameter and an effective ambient temperature parameter and/or between the theoretical ambient pressure parameter and an effective ambient pressure parameter, wherein the effective ambient temperature parameter is determined by a temperature sensor of the surveying device and the effective ambient pressure parameter is determined by a pressure sensor of the surveying device, respectively, and/or to carry out a comparison between the theoretical ambient temperature parameter and/or the theoretical ambient pressure parameter with online values from a weather station, wherein the surveying device is configured to use the plausibility information to trigger the wavelength measurement and/or to provide a measure of the quality of the dispersion compensated distance measurement.
Keaveney teaches a method to calculate a theoretical ambient temperature parameter and/or a theoretical ambient pressure parameter based on the distances measured by the two beam components and to determine plausibility information for the dispersion compensated distance measurement, for which the surveying device is configured ([23] model the environmental effect on the measurement (e.g., through a model of the optical instrument) and determine the state of the environment using low power, low-cost sensors. This strategy allows the optical instrument to correct the measurement data for the state of the environment. Such correction moves improving the optical instrument's performance into the software domain, where a suitable system model can be developed to understand how the environment couples to the measurement system):
to carry out a comparison between the theoretical ambient temperature parameter and an effective ambient temperature parameter and/or between the theoretical ambient pressure parameter and an effective ambient pressure parameter, wherein the effective ambient temperature parameter is determined by a temperature sensor of the surveying device and the effective ambient pressure parameter is determined by a pressure sensor of the surveying device, respectively, and/or to carry out a comparison between the theoretical ambient temperature parameter and/or the theoretical ambient pressure parameter with online values from a weather station ([47] In many implementations, optical and sensor data obtained from the optical instrument (or system) are used to compute a measurement vector z. The optical data may correspond to interferometric data, such as described in relation to FIGS. 7A-7B. The measurement vector z represents the state of the optical instrument (or system) according to the actual sensor data taken at some time instance [...] a cost function C(T, P, RH, ƒ) that represents the goodness-of-fit between the input interferometer data and the physical model of the system evaluated at the parameters T, P, RH, and ƒ. The cost function is the means by which interferometer data, which is actually an array of many data points, is included in the filter. As indicated by block 112 of FIG. 1A, the cost function may be computed based on the interferometric data, the sensor data, and a model of the optical instrument or system),
wherein the surveying device is configured to use the plausibility information to trigger the wavelength measurement and/or to provide a measure of the quality of the dispersion compensated distance measurement (Figs. 3A and [73], a graph is presented of a frequency (wavelength) of light determined over time by applying a Kalman-type filter to measurements made by an optical instrument. The graph shows examples of measured, predicted, and effective values for the frequency (wavelength) of light).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the surveying instrument taught by Kikuchi and Kawasaki, to incorporate as part of the software operations, the Kalman-type filter method for the calculation of the wavelength and/or distance measurements, utilizing a model of how the environment (temperature, pressure, humidity, etc.) affects the measurements in real-time, and a cost function that can be computed based on optical measurements, sensor data, and the model, as taught by Keaveney. The employment of such Kalman-type filter offers many advantages that make them suitable for increasing the measurement precision of an optical instrument (Keaveney, [36]).
Regarding claim 12, Kikuchi in view of Kawasaki, further in view of Keaveney teach the surveying device according to claim 11. Kawasaki further teaches wherein the surveying device is configured to provide a further beam component of the measurement beam, which has a different carrier wavelength than the two beam components (Fig.7 and [39], A plurality of or at least three wavelengths may be used so that refractive index correction is performed more accurately), and Keaveney further teaches:
the surveying device is configured to calculate a theoretical ambient humidity parameter based on the distances measured by the two beam components and the further beam component, wherein the surveying device is configured to determine the plausibility information by taking into account ([23] model the environmental effect on the measurement. [47] a cost function C(T, P, RH, ƒ) that represents the goodness-of-fit between the input interferometer data and the physical model).
a comparison between the theoretical ambient humidity parameter with an effective ambient humidity parameter determined by a humidity sensor of the surveying device, and/or a comparison between the theoretical ambient humidity parameter with online values from a weather station (Fig. 3D and [73], a graph of a relative humidity determined over time by applying a Kalman-type filter to measurements made by a humidity sensor of the optical instrument).
Conclusion
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/KHALIL ALI AHMAD/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645
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