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 .
Information Disclosure Statement
The information disclosure statement (IDS) were submitted on 03/13/2024, 08/02/2024 and 02/20/2025. The submission 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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 39 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “proximate” in claim 39 is a relative term which renders the claim indefinite. The term “proximate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what distance between the user and the object or region to be inspected is considered to be “proximate”. For examination purposes, the Examiner will interpret the limitation in question as “proximate” being any distance between the user and the object or region to be inspected which results in acquiring data.
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 23-26, 30-31, 33-37, 39, 41 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt et al. (WO 2019226908; hereinafter “Schmidt”; cited in the IDS filed on 03/13/2024) in view of Choudhury et al. (US 20180188129; hereinafter “Choudhury”) in further view of Chen et al. (CN 111707312; hereinafter “Chen”; English translation provided by the Examiner).
Regarding claim 23, Schmidt teaches a handheld inspection apparatus ([0038]; Figures 1-3) configured to be operated by a human user ([0038, 0141]), the handheld inspection apparatus (Figures 1-3) comprising:
a plurality of sensors (104/220 and 106/242; Figures 1-3; [0038]) including:
an infrared sensor (220; Figures 1-3; [0048-0050]);
a visible light sensor (242; Figures 1-3) configured to detect visible light ([0064-0066]) and produce visual image data for visible light images each having an array of pixels ([0064-0066, 0072-0073]); and
at least one anemometer ([0172]), and wherein each digital emission tag further comprises wind speed data ([0172-0173]) generated by the at least one anemometer ([0172-0173]);
at least one processor (222; Figure 3; [0049-0050, 0054, 0059, 0066-0071]) configured to receive signals from the plurality of sensors (the processor 222 receives signals/data from the infrared sensor 220 and the visible light sensor 242 in order to create an infrared image and a visible light image; [0049-0050, 0054, 0059, 0066-0071]), and configured to generate, from signals received from the infrared sensor ([0049-0050, 0054, 0059, 0066-0071]), real-time ([0098, 0135-0136, claims 2-3]) gas concentration ([0089, 0158, 0161-0162]) visual heat map data ([0036, 0039, 0076-0077]) providing a plurality of different textures and/or colors representing different gas concentrations ([0158, 0161-0162]); and
a memory ([0048, 0050, 0058, 0061, 0064, 0068]);
wherein the handheld inspection apparatus ([0038]; Figures 1-3) is configured to generate and store in the memory a plurality of digital emission tags ([0048, 0050, 0058, 0061, 0064, 0068]), each corresponding to a gas emission source location ([0129, 0157]) and comprising: visual image data ([0064]), real-time ([0098, 0135-0136, claims 2-3]) gas concentration ([0089, 0158, 0161-0162]) visual heat map data ([0036, 0039, 0076-0077]), and wind speed data ([0172-0173]).
Schmidt teaches the infrared sensor and the emission tags but does not expressly teach a tunable diode laser and a photodetector configured to perform tunable diode laser absorption spectroscopy; generate, from signals received from the photodetector, real-time gas concentration visual heat map data and the emission tag comprising date and time data.
However, Choudhury teaches a mobile device having a tunable diode laser ([0035-0036, 0043, 0083]) and a photodetector ([0036]) configured to perform tunable diode laser absorption spectroscopy ([0035-0036, 0043, 0083]) to generate, from signals received from the photodetector ([0035-0036, 0043, 0083]), gas concentration visual map data (Abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Choudhury’s tunable diode laser and photodetector implanted as Schmidt’s infrared sensor in order to create a visual image that also indicates the plume of leaked gas, this would indicate gas leak rate from a particular location (See Choudhury [0043-0045]).
The combination of Schmidt and Choudhury teaches the emission tags but does not expressly teach the emission tag comprising date and time data.
However, Chen teaches the emission tag comprising date and time data ([0042, 0099-0100, 0104]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Chen’s date and time data as part of Schmidt and Choudhury’s emission tag in order to create a history of acquired data and able to compare past data to current/present data, which in this case, may indicate the increase, decrease or stability of the gas concentration.
Regarding claim 24, the combination of Schmidt, Choudhury, and Chen teaches wherein the tunable diode laser, the photodetector and the visible light sensor are arranged in or on a single sensor unit (by implementing Choudhury’s tunable diode laser and photodetector in place Schmidt’s infrared sensor, the resulting structure will have the tunable diode laser, the photodetector and the visible light sensor on a single sensor unit; See the image acquisition module in Figure 3 of Schmidt).
Regarding claim 25, Schmidt teaches wherein the plurality of sensors further comprises a temperature sensor ([0055]), and wherein the plurality of digital emission tags ([0055]) further comprise ambient temperature data ([0055]).
Regarding claim 26, the combination of Schmidt, Choudhury, and Chen teaches wherein the plurality of sensors further comprises a global positioning system (GPS) module ([0049, 0081]: Choudhury) configured to produce GPS location data ([0049, 0081]: Choudhury), and wherein the plurality of digital emission tags further comprise the GPS location data ([0049, 0081]: Choudhury).
Regarding claim 30, the combination of Schmidt, Choudhury, and Chen teaches wherein the at least one processor (222: Schmidt and [0048-0049]: Choudhury) is configured to generate location data from the visual image data ([0035, 0039, 0044]: Choudhury), and wherein the plurality of digital emission tags further comprise the location data ([0035, 0039, 0044]: Choudhury).
Regarding claim 31, the combination of Schmidt, Choudhury, and Chen teaches wherein the at least one processor is configured to perform photogrammetry utilizing the visual image data (Abstract; [0041, 0079, 0082]: Choudhury) to infer a distance from the handheld inspection apparatus to an object or region being observed (Abstract; [0041, 0079, 0082]: Choudhury).
Regarding claim 33, Schmidt teaches wherein the visible light sensor (242; Figures 1-3) comprises an RGB camera ([0064, 0067, 0076]).
Regarding claim 34, Schmidt teaches a display (108; Figures 2-3; [0016, 0038, 0043, 0045-0046]) configured to provide a graphical user interface ([0016, 0038, 0043, 0045-0046]), wherein the graphical user interface is configured to display a real-time gas concentration visual heat map ([0016, 0038, 0043, 0045-0046]).
Regarding claim 35, the combination of Schmidt, Choudhury, and Chen teaches a visible light laser (110; Figure 1; [0038, 0044]: Schmidt) configured to produce a beam parallel to a central observation axis of the tunable diode laser (by implementing the tunable laser diode laser of Choudhury in the handheld apparatus of Schmidt, the central observation axis of the tunable diode laser will be parallel to the beam produced the laser 110 of Schmidt; See Figure 1 of Schmidt).
Regarding claim 36, the combination of Schmidt, Choudhury, and Chen teaches a wireless data transmission module ([0248]: Schmidt and [0051]: Choudhury) configured to wirelessly transmit one or more digital emission tags ([0248]: Schmidt and [0051]: Choudhury) to a data storage device ([0248]: Schmidt and [0051]: Choudhury) remote from the handheld inspection apparatus ([0248]: Schmidt and [0051]: Choudhury).
Regarding claim 37, the combination of Schmidt, Choudhury, and Chen teaches a method for operating the handheld inspection apparatus according to claim 23 (see the rejection of claim 23 above), the method comprising:
scanning an object or region to be inspected ([0053, 0138]: Schmidt), the scanning comprising circumscribing, by the user, the object or region with the handheld inspection apparatus (100; Figures 1-3: Schmidt) from a stationary position ([0012, 0053, 0138]: Schmidt);
generating, with the handheld inspection apparatus (100: Schmidt), one or more digital emission tags for a gas emission source location detected in or on the object or region to be inspected ([0048, 0050, 0058, 0061, 0064, 0068, 0129, 157]: Schmidt), wherein each digital emission tag corresponds to a gas emission source location ([0129, 0157]: Schmidt) and comprises: visual image data ([0064]: Schmidt), real-time ([0098, 0135-0136, claims 2-3]: Schmidt) gas concentration ([0089, 0158, 0161-0162]: Schmidt) visual heat map data ([0036, 0039, 0076-0077]: Schmidt), date and time data ([0042, 0099-0100, 0104]: Chen), and wind speed data ([0172-0173]: Schmidt); and
storing the one or more digital emission tags in the memory ([0048, 0050, 0058, 0061, 0064, 0068]) of the handheld inspection apparatus (100; [0048, 0050, 0058, 0061, 0064, 0068]).
Regarding claim 39, Schmidt teaches wherein the scanning is performed while the user is walking proximate to the object or region to be inspected ([0195, 0204]).
Regarding claim 41, the combination of Schmidt, Choudhury, and Chen teaches transmitting the one or more digital emission tags to a data storage device remote from the handheld inspection apparatus ([0248]: Schmidt and [0051]: Choudhury).
Regarding claim 43, Schmidt teaches performing a time-lapse analysis by comparing the data from a current inspection event to data from a prior inspection event for a same object or region to be inspected ([0088]).
Claims 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Schmidt, Choudhury, and Chen in further view of Wang (CN 111442796; English translation provided by the Examiner).
Regarding claim 27, the combination of Schmidt, Choudhury, and Chen teach the handheld inspection apparatus having the anemometer and the plurality of sensors but does not expressly teach wherein the at least one anemometer extends from a front of the handheld inspection apparatus and protrudes past other sensors of the plurality of sensors.
However, Wang teaches that is known in the art to have a sensing apparatus to have an anemometer (7; Figures 1-2; Page 20) extending from a side of an inspection apparatus (See Figures 1-2) and protrudes past other sensors of the plurality of sensors (Figures 1-2 demonstrate the anemometer 7 protruding past other sensors 13).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Wang’s sensor location implemented on Schmidt, Choudhury, and Chen’s handheld apparatus in order to ascertain that other sensors do not affect the wind near the anemometer, and thus reducing any erroneous wind data.
Regarding claim 28, the combination of Schmidt, Choudhury, Chen and Wang teaches wherein the at least one anemometer includes a first anemometer (7; See Figures 1-2: Wang) and a second anemometer (10; See Figures 1-2: Wang), with the second anemometer (10: Wang) being oriented perpendicular to the first anemometer (7; See the perpendicular orientation in Figures 1-2: Wang).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Schmidt, Choudhury, and Chen in further view of Mehta (US 2020218890).
Regarding claim 29, the combination of Schmidt, Choudhury, and Chen teaches wherein the at least one processor is configured to generate location data from communication signals ([0049, 0081]: Choudhury), and wherein the plurality of digital emission tags further comprise the location data ([0049, 0081]: Choudhury).
The combination of Schmidt, Choudhury, and Chen teaches the location data obtained from communication signals but does not expressly teach the communication signals received from one or more cellular phone towers.
However, Mehta teaches that is known in the art to use communication signals ([0060]) received from one or more cellular phone towers to provide location data ([0060]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement Mehta’s usage of cellular phone towers to provide the location data for Schmidt, Choudhury, and Chen’s apparatus since using cellular tower triangulation has a faster location acquisition and uses lower power consumption compared to GPS module.
Claims 32 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Schmidt, Choudhury, and Chen in further view of Knuffman (US 11,508,042).
Regarding claim 32, the combination of Schmidt, Choudhury, and Chen teaches the processor and the visual image data but does not expressly teach performing photogrammetry utilizing the visual image data to generate a point cloud and a 3D texture of the visual image data.
However, Knuffman teaches performing photogrammetry utilizing the visual image data to generate a point cloud and a 3D texture of the visual image data (Column 7, Line 40 - Column 8, Line 18).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Knuffman’s photogrammetry performed on Schmidt, Choudhury, and Chen’s visual image data as it permits analysts to attain 3D spatial awareness (e.g., elevation) by building a 3D scene including x,y,z and color values at each respective coordinate from 2D images (See Knuffman Column 11, Lines 33-45).
Regarding claim 40, the combination of Schmidt, Choudhury, and Chen teaches the processor and the visual image data but does not expressly teach performing photogrammetry on the visual image data to generate a point cloud and a 3D texture of the visual image data.
However, Knuffman teaches performing photogrammetry on the visual image data to generate a point cloud and a 3D texture of the visual image data (Column 7, Line 40 - Column 8, Line 18).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Knuffman’s photogrammetry performed on Schmidt, Choudhury, and Chen’s visual image data as it permits analysts to attain 3D spatial awareness (e.g., elevation) by building a 3D scene including x,y,z and color values at each respective coordinate from 2D images (See Knuffman Column 11, Lines 33-45).
Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Schmidt, Choudhury, and Chen in further view of Ball et al. (US 20200319096; hereinafter “Ball”).
Regarding claim 38, Schmidt teaches scanning of an object or region to be inspected ([0053, 0138]) is performed by a user when the handheld inspection apparatus (100) is located a distance from the object or region to be inspected ([0044, 0053, 0138]).
The combination of Schmidt, Choudhury, and Chen teaches the distance between the object or region to be inspected and the handheld inspection apparatus but does not expressly teach the distance being no more than 15 meters.
However, Ball teaches that is known to inspect objects or regions having a distance of no more than 15 meters between the object or region to be inspected and the handheld inspection apparatus ([0065]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Ball’s inspection distance being implemented by Schmidt, Choudhury, and Chen’s handheld inspection apparatus when inspecting so that adequate inspection data is obtained while having the user being placed a safe distance from said object or region being inspected (See Ball [0065]).
Claim 42 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Schmidt, Choudhury, and Chen in further view of Anderson et al. (US 2020/0196863; hereinafter “Anderson”).
Regarding claim 42, the combination of Schmidt, Choudhury, and Chen teaches the visible light sensor and the optical gas imager but does not expressly teach validating illuminance with the sensor to determine if the illuminance is within a pre-determined operating range.
However, Anderson teaches that is known in the art to evaluate illumination from images in order to adjust gain due to said illumination evaluation, i.e. being in a predetermined operating range ([0019]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Anderson’s illumination evaluation performed by Schmidt, Choudhury, and Chen’s visible light sensor in order to ascertain that a proper image is being obtained from the system (See Anderson [0019]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY W MEGNA FUENTES whose telephone number is (571)272-6456. The examiner can normally be reached M-F: 8AM-4PM.
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/ANTHONY W MEGNA FUENTES/Examiner, Art Unit 2855
/LAURA MARTIN/SPE, Art Unit 2855