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 .
DETAILED ACTION
This communication is a non-Final office action in merits. Claims 1-10, as originally filed, are presently pending and have been elected and considered below.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. GB2202846.8, filed on 12/3/2021.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/17/2024, 3/6/2025 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.
Claims 2, 6 are 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.
Claim 2 recites: “The image display system according to claim 1, wherein the index image having directivity toward the second index point is superimposed on the work environment image”. The claim language is ambiguous and unclear as to what exactly “the index image having directivity toward the second index point” means. How an image has a directivity towards certain index point in the image?
Claim 6 recites: “The image display system according to claim 1, wherein the first index point is set at an arm top” in which “an arm top” is unclear as to the arm of what subject matter. Without a clear identification of the subject matter, the arm of the subject matter renders indefinite. The claim limitation is therefore not weighted.
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or
nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0230391 A1, Takahama (hereinafter Takahama).
As to claim 1, Takahama discloses an image display system, wherein on a work environment image representing a situation of a work mechanism constituting a work machine and an object present around the work machine (Figs 1, 5; pars 0003-0004, 0012, 0036, an image display system comprising work equipment, work target, and surrounding environment), an index image indicating a second index point resulting from a first index point of the work mechanism being projected onto a surface of the object in real space (Figs 14-16; pars 0012, 0089-0093, certain position points as references being projected based on distance of such points from the environment) is superimposed (Fig 4; pars 0012, 0069, 0113, both images being superimposed) and output to an output interface of a remote operation device for remotely operating the work machine (Fig 8; pars 0012, 0036-0039, 0066-0067, superimposed images being displayed/output in a device remote from the machine).
Although Takahama discloses/teaches above limitations in more than one embodiment, consider its teachings as a whole, it would have been obvious to an ordinary skill in the art before the filing date of invention to incorporate/combine its teachings in different embodiments to achieve predictable results.
As to claim 2, Takahama discloses the image display system according to claim 1, wherein the index image having directivity toward the second index point is superimposed on the work environment image and output to the output interface of the remote operation device (Fig 1; pars 0012-0013, 0089, 0091, 0093, projected onto the surface WAP of the work target WA with position along vertical direction).
As to claim 3, Takahama discloses the image display system according to claim 1, wherein the index image indicating the second index point resulting from the first index point being projected onto the surface of the object in a direction corresponding to a displacement mode of the work mechanism or a posture mode of the work mechanism is superimposed on the work environment image (Figs 1, 3-4; pars 0012-0013, 0037, 0039, 0044, 0069, 0113-0115, the distance and posture are detected by the distance detection device and the posture detection device to determine a displacement mode or a posture mode in machine operation. The image captured and the image projected are superimposed corresponding to the operation mode) and output to the output interface of the remote operation device (Fig 1, 3-4; pars 0012-0013, 0069, 0113, the display indicates how the machine travels/changes in its distance and direction with respect to the work target).
As to claim 4, Takahama discloses the image display system according to claim 1, wherein the index image indicating the second index point resulting from the first index point, whose position differs depending on a displacement mode of the work mechanism, being projected onto the surface of the object is superimposed on the work environment image and output to the output interface of the remote operation device (see rejection in claim 3).
As to claim 5, Takahama discloses the image display system according to claim 1, wherein a position of the first index point of the work mechanism that is determined based on an output from a sensor mounted on the work machine is recognized (Figs 1, 3, 8, image device being attached to the bulldozer; pars 0003-0004, 0012, 0036, 0039, 0044, a position being captured and recognized from the image device attached to the bulldozer), and then the index image indicating the second index point resulting from the first index point being projected onto the surface of the object is superimposed on the work environment image (Figs 14-16; pars 0091-0093) and output to the output interface of the remote operation device (Fig 1, 3-4; pars 0012-0013, 0069, 0113).
As to claim 6, Takahama discloses the image display system according to claim 1, wherein the first index point is set at an arm top (see 35 USC 112(b) rejection above).
As to claim 7, Takahama discloses the image display system according to claim 1, wherein a plurality of the index images indicating a respective plurality of the second index points resulting from a respective plurality of the first index points being projected onto the surface of the object are superimposed on the work environment image and output to the output interface of the remote operation device (Figs 8, 14-16; pars 0091-0093, more than one positions being projected).
As to claim 8, Takahama discloses the image display system according to claim 7, wherein a plurality of the index images directed toward a respective plurality of the second index points corresponding to a respective plurality of the first index points whose relative positions change with motion of the work mechanism are superimposed on the work environment image (Figs 8, 14-16; pars 0012-0013, 0041, 0046, 0052, 0069, 0108) and output to the output interface of the remote operation device (Fig 1, 3-4; pars 0012-0013, 0069, 0113).
As to claim 9, Takahama discloses an image display composite system, comprising:
a work machine that has an actual machine image capturing device, an actual machine distance measuring device, and a work mechanism (Figs 1, 3-4);
a remote operation device that has an output interface and is for remotely operating the work machine (Fig 1:100); and an image display system, wherein the image display system superimposes, on a work environment image representing a situation of a work mechanism constituting a work machine and an object present around the work machine that is acquired through the actual machine image capturing device (Fig 1-4), an index image indicating a second index point resulting from a first index point of the work mechanism being projected onto a surface of the object, whose three-dimensional shape is measured through the actual machine distance measuring device, in real space (Figs 1-4; pars 0012-0013, 0036, 0058, 0069-0070 ), and outputs the work environment image on which the index image is superimposed to an output interface of the remote operation device (Fig 1:100, Figs 5, 8). Also see rejection in claim 1 which is incorporated herein.
As to claim 10, it is a method claim necessitated claim 1. Rejection of claim 1 is therefore incorporated herein.
Examiner’s Note
Examiner has cited particular column, line number, paragraphs and/or figure(s) in the reference(s) as applied to the claims for the convenience of the Applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the reference(s) in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUN SHEN whose telephone number is (571)270-7927. The examiner can normally be reached on Mon-Fri 8:30-5:50 PT.
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/QUN SHEN/
Primary Examiner, Art Unit 2662
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