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 1-20 are pending.
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 1-3, 5-12, and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Redgewell (US 20230099779 A1) in view of Johnson (US 20150309176 A1).
Regarding Claim 1: Redgewell discloses a computer-implemented method ([0054]), comprising:
tracking movement of a target object by analyzing images of the target object received from a camera ([0171] tracking the target by using image analysis and locking laser tracker onto target);
while tracking the movement of the target object, automatically controlling an orientation of a ranging device to follow the movement of the target object ([0163] – [0164] laser measuring beam is aimed directly at the target);
while the target object is positioned at a particular location, receiving a user request to acquire range data, the range data indicating a spatial distance from the ranging device to the particular location ([0021] measurements can be triggered by user, [0088] distance measurements can be performed and coordinates of the target can also be determined);
in response to receiving the user request, instructing the ranging device to collect the range data while the ranging device is oriented toward the particular location; receiving the range data from the ranging device; and storing the range data to a storage device ([0021] positional data determined and stored).
Redgewell does not disclose that the target object moves around a perimeter of a swimming pool.
Johnson teaches a computer implemented method ([0028]) for measuring a perimeter of a swimming pool (Fig. 3 and [0021] measurement device 60 measuring perimeter 50 of pool 10), and while performing these measurements, the orientation of the ranging device is automatically controlled to be aimed at the next measurement point (Fig. 3, and [0023] the measurement device rotates using the rotary motor), and performs measurements in response to receiving user requests and stores the range data to a storage device ([0030] apparatus accepts commands from user; [0019] – [0020] and [0025] storage device in communication with processor and pool dimensions are also automatically stored).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the measurement device disclosed by Redgewell, such that it is used to measure the perimeter of a swimming pool, as taught by Johnson. The device disclosed by Redgewell is capable of tracking a target object and performing distance measurements and providing a 3D point cloud of the environment. Modifying this system, such that the target object moves around the perimeter of a swimming pool and the device itself is oriented towards the target object, would be a predictable variation of a measurement system based on known work in the field of lidar devices (MPEP 2141.III KSR Rationale F).
Regarding Claim 10: Redgewell discloses a system comprising:
a scanning subsystem comprising a camera and a ranging device ([0098] and [0101] – [0102] rotatable laser scanning unit, and the distance meter has a laser tracker with a distance meter as well as a camera);
one or more processors ([0054] computing device);
and one or more memories including instructions executable by the one or more processors for causing the one or more processors to perform operations including ([0054] program code stored on machine readable medium):
tracking movement of a target object by analyzing images of the target object received from a camera ([0171] tracking the target by using image analysis and locking laser tracker onto target);
while tracking the movement of the target object, automatically controlling an orientation of a ranging device to follow the movement of the target object ([0163] – [0164] laser measuring beam is aimed directly at the target);
while the target object is positioned at a particular location, receiving a user request to acquire range data, the range data indicating a spatial distance from the ranging device to the particular location ([0021] measurements can be triggered by user, [0088] distance measurements can be performed and coordinates of the target can also be determined);
in response to receiving the user request, instructing the ranging device to collect the range data while the ranging device is oriented toward the particular location; receiving the range data from the ranging device; and storing the range data to a storage device ([0021] positional data determined and stored).
Redgewell does not disclose that the target object moves around a perimeter of a swimming pool.
Johnson teaches a computer implemented method ([0028]) for measuring a perimeter of a swimming pool (Fig. 3 and [0021] measurement device 60 measuring perimeter 50 of pool 10), and while performing these measurements, the orientation of the ranging device is automatically controlled to be aimed at the next measurement point (Fig. 3, and [0023] the measurement device rotates using the rotary motor), and performs measurements in response to receiving user requests and stores the range data to a storage device ([0030] apparatus accepts commands from user; [0019] – [0020] and [0025] storage device in communication with processor and pool dimensions are also automatically stored).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the measurement device disclosed by Redgewell, such that it is used to measure the perimeter of a swimming pool, as taught by Johnson. The device disclosed by Redgewell is capable of tracking a target object and performing distance measurements and providing a 3D point cloud of the environment. Modifying this system, such that the target object moves around the perimeter of a swimming pool and the device itself is oriented towards the target object, would be a predictable variation of a measurement system based on known work in the field of lidar devices (MPEP 2141.III KSR Rationale F).
Regarding Claims 2 and 11: Redgewell, in view of Johnson, teaches the method of claim 1 and the system of claim 10. Redgewell further discloses that the target object can move to different positions in the environment and distance measurements can be performed at these different locations ([0084] distance to a reference point can be measured and further distance measurements to the object can be performed when the object is at a different position/location), and that the system determines a segment distance between the first location and the second location based on the range data and the additional range data ([0084], [0266] the relative positional change of the object represents a movement of the object from the original reference point, which can be determined).
In this combination, Johnson teaches that the particular location is a first location (Fig. 3, the first location 1), and the operations further comprise:
receiving an additional user request to acquire additional range data, the additional range data indicating another spatial distance from the ranging device to a second location around the perimeter of the swimming pool ([0030] controller for apparatus accepts commands from user. Fig. 3, first and second locations around the perimeter of swimming pool);
in response to receiving the additional user request, instructing the ranging device to collect the additional range data while the ranging device is oriented toward the second location ([0023] distance measurements are performed for different points along perimeter of pool),
receiving the additional range data from the ranging device and determining a segment distance between the first location and the second location based on the range data and the additional range data ([0020] and [0035] measurements for points along perimeter of swimming pool are stored and the pool dimensions can be determined and stored. The data that is collected is stored and plotted, representing the pool outline).
Regarding Claims 3 and 12: Redgewell, in view of Johnson, teaches the method of claim 1 and the system of claim 10. Redgewell further discloses: wherein orienting the ranging device comprises: determining a current orientation of the ranging device ([0027] posture/alignment determined based on image data);
analyzing the images using one or more image processing techniques to determine an offset between the current orientation and an aligned orientation ([0171] using image processing techniques, the target object can be tracked, and when it is misaligned, these techniques can be used to re-lock/recouple the beam to the target); and
controlling, using the offset, the ranging device to rotate around at least one axis orthogonal to a primary axis of the ranging device to align the primary axis with the target object according to the aligned orientation ([0180] – [0180] the laser tracker unit’s orientation can be adjusted to align the aiming axis with the target).
Regarding Claims 5 and 14: Redgewell, in view of Johnson, teaches the method of claim 1 and the system of claim 10. Redgewell further discloses: generating a virtual model of the swimming pool based on the range data ([0257] a 3D model of the environment can be derived from image data and range/point cloud data).
Regarding Claims 6 and 15: Redgewell, in view of Johnson, teaches the method of claim 1 and the system of claim 10. Redgewell further discloses that the system can receive additional indication that the ranging device has been successfully oriented toward the target object ([0163] – [0165] a position sensitive detector is used for tracking and orienting the device toward the target object; [0171] targeting can also be indicated by image processing on video stream generated by the camera).
Regarding Claims 7 and 16: Redgewell, in view of Johnson, teaches the method of claim 1 and the system of claim 10. Redgewell further discloses: wherein the ranging device comprises a laser rangefinder ([0112] laser measurement beam is used to obtain distance measurement data).
Regarding Claims 8 and 17: Redgewell, in view of Johnson, teaches the method of claim 1 and the system of claim 10. This current combination does not teach wherein the target object comprises a machine-readable optical label.
However, in a further embodiment, Redgewell teaches that the target object comprises a machine-readable optical label ([0206] and Figs. 5, 6a, and 6b, the stationary laser tracker 26 can track the movable laser tracker 20 based on the arrangement of markings 24).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to further modify the measurement device taught by Redgewell and Johnson, such that the target object to be measured comprises an optical label, as taught by a further embodiment of Redgewell. This modification would enable the device to determine a position and orientation of the target object (Redgewell, [0206]).
Regarding Claims 9 and 18: Redgewell, in view of Johnson, teaches the method of claim 1 and the system of claim 10. This current combination does not teach that the operations further comprise generating guidance for a user to position the target object at an additional location adjacent to the perimeter of the swimming pool and presenting the guidance in a graphical user interface to the user.
A further embodiment of Redgewell teaches that the system instructs the user where to set a movable device to be measured and provide operating instructions ([0222]), this guidance being presented in a graphical user interface to the user ([0039] – [0040] a user aid can be a computer that provides visual operating instructions to the user).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to further modify the measurement system taught by Redgewell and Johnson, by incorporating a further teaching of Redgewell, where a user is instructed where and how to place a movable target object for performing subsequent measurements. This would be using a known technique to improve a similar device in the same way by providing instructions to the user (MPEP 2141.III KSR Rationale C).
Regarding Claim 19: Redgewell, in view of Johnson, teaches the system of claim 10. Redgewell further discloses that the particular location corresponds to an anchor location ([0266] data can be generated with respect to a reference point, and this reference point can be arranged such that a change in distance between the reference point and target indicates that the target has moved).
Regarding Claim 20: Redgewell discloses a non-transitory computer-readable medium comprising program code that is executable by one or more processors for causing a system to perform operations ([0054]) including:
tracking movement of a target object by analyzing images of the target object received from a camera ([0171] tracking the target by using image analysis and locking laser tracker onto target);
while tracking the movement of the target object, automatically controlling an orientation of a ranging device to follow the movement of the target object ([0163] – [0164] laser measuring beam is aimed directly at the target);
while the target object is positioned at a particular location, receiving a user request to acquire range data, the range data indicating a spatial distance form the ranging device to the particular location ([0021] measurements can be triggered by user, [0088] distance measurements can be performed and coordinates of the target can also be determined);
in response to receiving the user request, instructing the ranging device to collect the range data while the ranging device is oriented toward the particular location; receiving the range data from the ranging device; and storing the range data to a storage device ([0021] positional data determined and stored).
Redgewell does not disclose that the target object moves around a perimeter of a swimming pool.
Johnson teaches a computer implemented method ([0028]) for measuring a perimeter of a swimming pool (Fig. 3 and [0021] measurement device 60 measuring perimeter 50 of pool 10), and while performing these measurements, the orientation of the ranging device is automatically controlled to be aimed at the next measurement point (Fig. 3, and [0023] the measurement device rotates using the rotary motor), and performs measurements in response to receiving user requests and stores the range data to a storage device ([0030] apparatus accepts commands from user; [0019] – [0020] and [0025] storage device in communication with processor and pool dimensions are also automatically stored).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the measurement device disclosed by Redgewell, such that it is used to measure the perimeter of a swimming pool, as taught by Johnson. The device disclosed by Redgewell is capable of tracking a target object and performing distance measurements and providing a 3D point cloud of the environment. Modifying this system, such that the target object moves around the perimeter of a swimming pool and the device itself is oriented towards the target object, would be a predictable variation of a measurement system based on known work in the field of lidar devices (MPEP 2141.III KSR Rationale F).
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Redgewell (US 20230099779 A1) in view of Johnson (US 20150309176 A1) further in view of Troy (US 20180067484 A1). Redgewell, in view of Johnson, teaches the method of claim 1 and the system of claim 10. They do not expressly teach that the ranging device is mounted in a fixed alignment with the camera, and automatically controlling the orientation of the ranging device comprises transmitting commands to an actuator for moving the camera to point at the target object based on the images.
However, Troy teaches a measurement device with a camera and laser rangefinder, wherein the ranging device is mounted in a fixed alignment with the camera ([0107] where a measurement device has a camera and a laser rangefinder that are arranged such that their aim directions are mutually parallel), and automatically controlling the orientation of the ranging device comprises transmitting commands to an actuator for moving the camera to point at the target object based on the images ([0095], [0106] – [0107] image processing software is used for tracking and orienting the camera + laser rangefinder towards the target object).
It would have been obvious to one ordinarily skilled in the art before the effective filing date to further modify the measurement system taught by Redgewell and Johnson, such that the camera and the laser rangefinder are mounted such that they are aimed in the same direction, as taught by Troy. This modification would be a matter of design choice that would be motivated by known work in the field of measurement systems comprising cameras and laser rangefinders (MPEP 2141.III KSR Rationale F).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISABELLE LIN BOEGHOLM whose telephone number is (571)270-0570. The examiner can normally be reached Monday-Thursday 7:30am-5pm, Fridays 8am-12pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuqing Xiao can be reached at (571) 270-3603. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ISABELLE LIN BOEGHOLM/ Examiner, Art Unit 3645
/YUQING XIAO/ Supervisory Patent Examiner, Art Unit 3645
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