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) submitted on 5/30/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
35 U.S.C. 101 requires that a claimed invention must fall within one of the four eligible categories of invention (i.e. process, machine, manufacture, or composition of matter) and must not be directed to subject matter encompassing a judicially recognized exception as interpreted by the courts. The four eligible categories of invention include: (1) process which is an act, or a series of acts or steps, (2) machine which is an concrete thing, consisting of parts, or of certain devices and combination of devices, (3) manufacture which is an article produced from raw or prepared materials by giving to these materials new forms, qualities, properties, or combinations, whether by hand labor or by machinery, and (4) composition of matter which is all compositions of two or more substances and all composite articles, whether they be the results of chemical union, or of mechanical mixture, or whether they be gases, fluids, powders or solids.
Claims 12 and 17-20 are rejected under 35 U.S.C. 101 as not falling within one of the four statutory categories of invention because the broadest reasonable interpretation of the instant claims in light of the specification encompasses transitory signals. But, transitory signals are not within one of the four statutory categories (i.e. non-statutory subject matter). However, claims directed toward a non-transitory computer readable medium may qualify as a manufacture and make the claim patent-eligible subject matter.
In claim 12, Applicant needs to remove the term “non-transiently” and add “non-transitory computer-readable” before “recording medium” for overcoming the 101 rejection.
Therefore, amending the claims to recite a “non-transitory computer-readable recording medium” would resolve this issue.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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, 7 and 9-20 are rejected under 35 U.S.C. 103 as being unpatentable over Akselrod (US 9,702,830) in view of Wilkens (US 2012/0203475).
Regarding claim 1, Akselrod discloses a system comprising:
at least one memory configured to store instructions (col.14, ln.48-60, Akselrod discloses that instructions can be stored in storage 308, memory 306 and in cache 314); and
at least one processor configured to execute the instructions (col.14, ln.48-60, Akselrod discloses computer processors can execute instructions that are stored in memories such as storage 308, memory 306 and in cache 314) to:
detect a road surface mark and a degree of abrasion of the road surface mark from a road surface image taken of a road surface (col.5, ln.24-37, Akselrod discloses that images captured by camera to observe the road pavement can be ascertained for analyzing photographs or digital images of the road to determine if the pavement marking quality has deteriorated or faded from wear and tear, in that the level of wear and tear of the road pavement indicates a level or degree of abrasions of the road surface, and col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road);
determine, based on the degree of abrasion of the road surface mark (col.5, ln.24-37, Akselrod discloses that images captured by camera to observe the road pavement can be ascertained for analyzing photographs or digital images of the road to determine if the pavement marking quality has deteriorated or faded from wear and tear, in that the level of wear and tear of the road pavement indicates a level or degree of abrasions of the road surface, and col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road), whether the road surface mark is to be repainted (col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed);
repaint the road surface mark (col.14, ln.3-20, Akselrod discloses that paint can be applied by a computer or robotic vehicle based on information identified from pavement marking program as to identify the specific locations where repainting the road is needed, and col.13, ln.66 to col.14, ln.3, Akselrod discloses that a driver or paint system operator can decide if repaint is needed based on information provided by pavement marking program 134, thus permitting one the option of manually applying paint on road) based on the road surface mark determined to be repainted (col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed).
Akselrod does not disclose calculate, based on the road surface mark determined to be repainted, an amount of paint to be used for repainting the road surface mark. However, Wilkens discloses calculate the amount of paint to be used for repainting the road surface mark (paragraph [33], Wilkens discloses that when the volume of paint and line width is known and already computed or determined, then the thickness of the line on the paint spray surface can be calculated for determining the amount of paint needed to spray on the road for properly marking the road, and paragraph [36], Wilkens discloses that the volume of fluid flow through the paint gun can be calculated by a processor, wherein the processor utilizes information from the size of supply lines and/or the orifice size of the paint gun to effectively calculate flow volume to properly calculating the amount of paint needed to repaint the surface of the road pavement by adjusting the flow rate or flow volume of the paint needed to paint a road surface). Since Akselrod discloses “…repaint the road surface mark based on the road surface mark determined to be repainted”, and Wilkens discloses “…calculate the amount of paint to be used for repainting the road surface mark”, therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Akselrod and Wilkens together as a whole for ascertaining the limitation “…calculate, based on the road surface mark determined to be repainted, an amount of paint to be used for repainting the road surface mark” in order to properly monitor the amounts of paint being utilized in real-time for painting road surfaces so as to not waste unnecessary paint and conserve as needed (Wilkens’ paragraph [11]).
Regarding claim 2, Akselrod discloses wherein the at least one processor is further configured to execute the instructions to: display a region of the road surface mark determined to be repainted (col.9, ln.59 to col.10, ln.8, Akselrod discloses a user interface (UI) that has an augmented reality display for permitting the display of the determined pavement markings on a real time view of a road or a paved area, wherein col.5, ln.24-37, Akselrod discloses that images captured by camera to observe the road pavement can be ascertained for analyzing photographs or digital images of the road to determine if the pavement marking quality has deteriorated or faded from wear and tear, in that the level of wear and tear of the road pavement indicates a level or degree of abrasions of the road surface, and col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road; col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed).
Regarding claim 3, Akselrod discloses wherein the at least one processor is further configured to execute the instructions to: superimpose a display indicating the region of the road surface mark determined to be repainted on the road surface image (col.9, ln.59 to col.10, ln.8, Akselrod discloses a user interface (UI) that has an augmented reality display for permitting the display of the determined pavement markings on a real time view of a road or a paved area, wherein an overlay or superimposition of a display onto the region of the road surface is provided to a user interface, and col.9, ln.4-21, Akselrod discloses that digital images obtained by digital camera, pavement markings and overlays (ie. superimposition) of pavement markings are projected on a real-time image for indicating the region of the road or area of road that needs to be repainted is shown to a user with HUD or any transparent display for showing the superimposition of images of a road surface needed to be repainted; col.5, ln.24-37, Akselrod discloses that images captured by camera to observe the road pavement can be ascertained for analyzing photographs or digital images of the road to determine if the pavement marking quality has deteriorated or faded from wear and tear, in that the level of wear and tear of the road pavement indicates a level or degree of abrasions of the road surface, and col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road; col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed).
Regarding claim 4, Akselrod discloses wherein the at least one processor is further configured to execute the instructions to: detect a color of the road surface mark (col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road).
Akselrod does not disclose calculate an amount of paint to be used for repainting the road surface mark for each of the colors. However, Wilkens discloses calculate an amount of paint to be used for repainting the road surface mark (paragraph [33], Wilkens discloses that when the volume of paint and line width is known and already computed or determined, then the thickness of the line on the paint spray surface can be calculated for determining the amount of paint needed to spray on the road for properly marking the road, and paragraph [36], Wilkens discloses that the volume of fluid flow through the paint gun can be calculated by a processor, wherein the processor utilizes information from the size of supply lines and/or the orifice size of the paint gun to effectively calculate flow volume to properly calculating the amount of paint needed to repaint the surface of the road pavement by adjusting the flow rate or flow volume of the paint needed to paint a road surface). Since Akselrod discloses detection of colors on a road surface (col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road), and Wilkens discloses “…calculate an amount of paint to be used for repainting the road surface mark”, therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Akselrod and Wilkens together as a whole for ascertaining the limitation “…calculate an amount of paint to be used for repainting the road surface mark for each of the colors” in order to properly monitor the amounts of paint being utilized in real-time for painting road surfaces so as to not waste unnecessary paint and conserve as needed (Wilkens’ paragraph [11]).
Regarding claim 5, Akselrod discloses wherein the at least one processor is further configured to execute the instructions to: determine whether to perform repainting (col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed) for each partial region of the road surface mark (col.9, ln.59 to col.10, ln.8, Akselrod discloses a user interface (UI) that has an augmented reality display for permitting the display of the determined pavement markings on a real time view of a road or a paved area, wherein an overlay or superimposition of a display onto the region of the road surface is provided to a user interface, and col.9, ln.4-21, Akselrod discloses that digital images obtained by digital camera, pavement markings and overlays (ie. superimposition) of pavement markings are projected on a real-time image for indicating the region of the road or area of road that needs to be repainted is shown to a user with HUD or any transparent display for showing the superimposition of images of a road surface needed to be repainted).
Regarding claim 7, Akselrod discloses wherein the at least one processor is further configured to execute the instructions to: determine the road surface mark to be repainted (col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed).
Akselrod does not disclose determine the road surface mark to be repainted based on a budget. However, Wilkens discloses repainting the road surface mark based on a budget (paragraph [33], Wilkens discloses that when the volume of paint and line width is known and already computed or determined, then the thickness of the line on the paint spray surface can be calculated for determining the amount of paint needed to spray on the road for properly marking the road, and paragraph [36], Wilkens discloses that the volume of fluid flow through the paint gun can be calculated by a processor, wherein the processor utilizes information from the size of supply lines and/or the orifice size of the paint gun (ie. budget) to effectively calculate flow volume to properly calculating the amount of paint needed to repaint the surface of the road pavement by adjusting the flow rate or flow volume of the paint needed to paint a road surface, and since the size of the supply lines, orifice size of paint gun, temperature and pressure are also utilized for computing the flow rate of paint in order to determine the budget needed for painting the road surfaces). Since Akselrod discloses “…determine the road surface mark to be repainted”, and Wilkens discloses “…repainting the road surface mark based on a budget”, therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Akselrod and Wilkens together as a whole for ascertaining the limitation “…determine the road surface mark to be repainted based on a budget” in order to properly monitor the amounts of paint being utilized in real-time for painting road surfaces so as to not waste unnecessary paint and conserve as needed (Wilkens’ paragraph [11]).
Regarding claim 9, Akselrod discloses wherein the at least one processor is further configured to execute the instructions to: determine whether to repaint the road surface mark for the road surface mark detected (col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed) from a road surface included in a predetermined area (col.9, ln.59 to col.10, ln.8, Akselrod discloses a user interface (UI) that has an augmented reality display for permitting the display of the determined pavement markings on a real time view of a road or a paved area, wherein an overlay or superimposition of a display onto the region of the road surface is provided to a user interface, and col.9, ln.4-21, Akselrod discloses that digital images obtained by digital camera, pavement markings and overlays (ie. superimposition) of pavement markings are projected on a real-time image for indicating the region of the road or area of road that needs to be repainted is shown to a user with HUD or any transparent display for showing the superimposition of images of a road surface needed to be repainted).
Akselrod does not disclose calculate an amount of paint to be used for repainting the road surface mark in the predetermined area. However, Wilkens teaches calculate an amount of paint to be used for repainting the road surface mark (paragraph [33], Wilkens discloses that when the volume of paint and line width is known and already computed or determined, then the thickness of the line on the paint spray surface can be calculated for determining the amount of paint needed to spray on the road for properly marking the road, and paragraph [36], Wilkens discloses that the volume of fluid flow through the paint gun can be calculated by a processor, wherein the processor utilizes information from the size of supply lines and/or the orifice size of the paint gun to effectively calculate flow volume to properly calculating the amount of paint needed to repaint the surface of the road pavement by adjusting the flow rate or flow volume of the paint needed to paint a road surface). Since Akselrod discloses the “…road surface included in a predetermined area”, and Wilkens discloses “…calculate an amount of paint to be used for repainting the road surface mark”, therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Akselrod and Wilkens together as a whole for ascertaining the limitation “…calculate an amount of paint to be used for repainting the road surface mark in the predetermined area” in order to properly monitor the amounts of paint being utilized in real-time for painting road surfaces so as to not waste unnecessary paint and conserve as needed (Wilkens’ paragraph [11]).
Regarding claim 10, Akselrod discloses wherein the at least one processor is further configured to execute the instructions to: change determination as to whether to repaint the road surface mark in accordance with user's designation of the road surface mark to be repainted (col.13, ln.66 to col.14, ln.3, Akselrod discloses that a driver or paint system operator can decide if repaint is needed based on information provided by pavement marking program 134, thus permitting the user/operator the option of manually applying paint on road, and col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed).
Regarding claim 11, Akselrod discloses a method comprising:
detecting a road surface mark and a degree of abrasion of the road surface mark from a road surface image taken of a road surface (col.5, ln.24-37, Akselrod discloses that images captured by camera to observe the road pavement can be ascertained for analyzing photographs or digital images of the road to determine if the pavement marking quality has deteriorated or faded from wear and tear, in that the level of wear and tear of the road pavement indicates a level or degree of abrasions of the road surface, and col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road);
determining, based on the degree of abrasion of the road surface mark (col.5, ln.24-37, Akselrod discloses that images captured by camera to observe the road pavement can be ascertained for analyzing photographs or digital images of the road to determine if the pavement marking quality has deteriorated or faded from wear and tear, in that the level of wear and tear of the road pavement indicates a level or degree of abrasions of the road surface, and col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road), whether the road surface mark is to be repainted (col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed); and
repainting the road surface mark (col.14, ln.3-20, Akselrod discloses that paint can be applied by a computer or robotic vehicle based on information identified from pavement marking program as to identify the specific locations where repainting the road is needed, and col.13, ln.66 to col.14, ln.3, Akselrod discloses that a driver or paint system operator can decide if repaint is needed based on information provided by pavement marking program 134, thus permitting one the option of manually applying paint on road) based on the road surface mark determined to be repainted (col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed).
Akselrod does not disclose calculating, based on the road surface mark determined to be repainted, an amount of paint to be used for repainting the road surface mark. However, Wilkens discloses calculating an amount of paint to be used for repainting the road surface mark (paragraph [33], Wilkens discloses that when the volume of paint and line width is known and already computed or determined, then the thickness of the line on the paint spray surface can be calculated for determining the amount of paint needed to spray on the road for properly marking the road, and paragraph [36], Wilkens discloses that the volume of fluid flow through the paint gun can be calculated by a processor, wherein the processor utilizes information from the size of supply lines and/or the orifice size of the paint gun to effectively calculate flow volume to properly calculating the amount of paint needed to repaint the surface of the road pavement by adjusting the flow rate or flow volume of the paint needed to paint a road surface). Since Akselrod discloses “…repainting the road surface mark based on the road surface mark determined to be repainted”, and Wilkens discloses “…calculating an amount of paint to be used for repainting the road surface mark”, therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Akselrod and Wilkens together as a whole for ascertaining the limitation “…calculating, based on the road surface mark determined to be repainted, an amount of paint to be used for repainting the road surface mark” in order to properly monitor the amounts of paint being utilized in real-time for painting road surfaces so as to not waste unnecessary paint and conserve as needed (Wilkens’ paragraph [11]).
Regarding claim 12, Akselrod discloses a recording medium non-transiently recording a program for causing a computer to execute processing (col.14, ln.48-60, Akselrod discloses computer processors can execute instructions that are stored in memories such as storage 308, memory 306 and in cache 314) comprising:
detecting a road surface mark and a degree of abrasion of the road surface mark from a road surface image taken of a road surface (col.5, ln.24-37, Akselrod discloses that images captured by camera to observe the road pavement can be ascertained for analyzing photographs or digital images of the road to determine if the pavement marking quality has deteriorated or faded from wear and tear, in that the level of wear and tear of the road pavement indicates a level or degree of abrasions of the road surface, and col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road);
determining, based on the degree of abrasion of the road surface mark (col.5, ln.24-37, Akselrod discloses that images captured by camera to observe the road pavement can be ascertained for analyzing photographs or digital images of the road to determine if the pavement marking quality has deteriorated or faded from wear and tear, in that the level of wear and tear of the road pavement indicates a level or degree of abrasions of the road surface, and col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road), whether the road surface mark is to be repainted (col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed); and
repainting the road surface mark (col.14, ln.3-20, Akselrod discloses that paint can be applied by a computer or robotic vehicle based on information identified from pavement marking program as to identify the specific locations where repainting the road is needed, and col.13, ln.66 to col.14, ln.3, Akselrod discloses that a driver or paint system operator can decide if repaint is needed based on information provided by pavement marking program 134, thus permitting one the option of manually applying paint on road) based on the road surface mark determined to be repainted (col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed).
Akselrod does not disclose calculating, based on the road surface mark determined to be repainted, an amount of paint to be used for repainting the road surface mark. However, Wilkens discloses calculating an amount of paint to be used for repainting the road surface mark (paragraph [33], Wilkens discloses that when the volume of paint and line width is known and already computed or determined, then the thickness of the line on the paint spray surface can be calculated for determining the amount of paint needed to spray on the road for properly marking the road, and paragraph [36], Wilkens discloses that the volume of fluid flow through the paint gun can be calculated by a processor, wherein the processor utilizes information from the size of supply lines and/or the orifice size of the paint gun to effectively calculate flow volume to properly calculating the amount of paint needed to repaint the surface of the road pavement by adjusting the flow rate or flow volume of the paint needed to paint a road surface). Since Akselrod discloses “…repainting the road surface mark based on the road surface mark determined to be repainted”, and Wilkens discloses “…calculating an amount of paint to be used for repainting the road surface mark”, therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Akselrod and Wilkens together as a whole for ascertaining the limitation “…calculating, based on the road surface mark determined to be repainted, an amount of paint to be used for repainting the road surface mark” in order to properly monitor the amounts of paint being utilized in real-time for painting road surfaces so as to not waste unnecessary paint and conserve as needed (Wilkens’ paragraph [11]).
Regarding claim 13, Akselrod discloses displaying a region of the road surface mark determined to be repainted (col.9, ln.59 to col.10, ln.8, Akselrod discloses a user interface (UI) that has an augmented reality display for permitting the display of the determined pavement markings on a real time view of a road or a paved area, wherein col.5, ln.24-37, Akselrod discloses that images captured by camera to observe the road pavement can be ascertained for analyzing photographs or digital images of the road to determine if the pavement marking quality has deteriorated or faded from wear and tear, in that the level of wear and tear of the road pavement indicates a level or degree of abrasions of the road surface, and col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road; col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed).
Regarding claim 14, Akselrod discloses superimposing a display indicating the region of the road surface mark determined to be repainted on the road surface image (col.9, ln.59 to col.10, ln.8, Akselrod discloses a user interface (UI) that has an augmented reality display for permitting the display of the determined pavement markings on a real time view of a road or a paved area, wherein an overlay or superimposition of a display onto the region of the road surface is provided to a user interface, and col.9, ln.4-21, Akselrod discloses that digital images obtained by digital camera, pavement markings and overlays (ie. superimposition) of pavement markings are projected on a real-time image for indicating the region of the road or area of road that needs to be repainted is shown to a user with HUD or any transparent display for showing the superimposition of images of a road surface needed to be repainted; col.5, ln.24-37, Akselrod discloses that images captured by camera to observe the road pavement can be ascertained for analyzing photographs or digital images of the road to determine if the pavement marking quality has deteriorated or faded from wear and tear, in that the level of wear and tear of the road pavement indicates a level or degree of abrasions of the road surface, and col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road; col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed).
Regarding claim 15, Akselrod discloses detecting a color of the road surface mark (col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road).
Akselrod does not disclose calculate an amount of paint to be used for repainting the road surface mark for each of the colors. However, Wilkens discloses calculate an amount of paint to be used for repainting the road surface mark (paragraph [33], Wilkens discloses that when the volume of paint and line width is known and already computed or determined, then the thickness of the line on the paint spray surface can be calculated for determining the amount of paint needed to spray on the road for properly marking the road, and paragraph [36], Wilkens discloses that the volume of fluid flow through the paint gun can be calculated by a processor, wherein the processor utilizes information from the size of supply lines and/or the orifice size of the paint gun to effectively calculate flow volume to properly calculating the amount of paint needed to repaint the surface of the road pavement by adjusting the flow rate or flow volume of the paint needed to paint a road surface). Since Akselrod discloses detection of colors on a road surface (col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road), and Wilkens discloses “…calculate an amount of paint to be used for repainting the road surface mark”, therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Akselrod and Wilkens together as a whole for ascertaining the limitation “…calculate an amount of paint to be used for repainting the road surface mark for each of the colors” in order to properly monitor the amounts of paint being utilized in real-time for painting road surfaces so as to not waste unnecessary paint and conserve as needed (Wilkens’ paragraph [11]).
Regarding claim 16, Akselrod discloses determining whether to perform repainting (col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed) for each partial region of the road surface mark (col.9, ln.59 to col.10, ln.8, Akselrod discloses a user interface (UI) that has an augmented reality display for permitting the display of the determined pavement markings on a real time view of a road or a paved area, wherein an overlay or superimposition of a display onto the region of the road surface is provided to a user interface, and col.9, ln.4-21, Akselrod discloses that digital images obtained by digital camera, pavement markings and overlays (ie. superimposition) of pavement markings are projected on a real-time image for indicating the region of the road or area of road that needs to be repainted is shown to a user with HUD or any transparent display for showing the superimposition of images of a road surface needed to be repainted).
Regarding claim 17, Akselrod discloses displaying a region of the road surface mark determined to be repainted (col.9, ln.59 to col.10, ln.8, Akselrod discloses a user interface (UI) that has an augmented reality display for permitting the display of the determined pavement markings on a real time view of a road or a paved area, wherein col.5, ln.24-37, Akselrod discloses that images captured by camera to observe the road pavement can be ascertained for analyzing photographs or digital images of the road to determine if the pavement marking quality has deteriorated or faded from wear and tear, in that the level of wear and tear of the road pavement indicates a level or degree of abrasions of the road surface, and col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road; col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed).
Regarding claim 18, Akselrod discloses superimposing a display indicating the region of the road surface mark determined to be repainted on the road surface image (col.9, ln.59 to col.10, ln.8, Akselrod discloses a user interface (UI) that has an augmented reality display for permitting the display of the determined pavement markings on a real time view of a road or a paved area, wherein an overlay or superimposition of a display onto the region of the road surface is provided to a user interface, and col.9, ln.4-21, Akselrod discloses that digital images obtained by digital camera, pavement markings and overlays (ie. superimposition) of pavement markings are projected on a real-time image for indicating the region of the road or area of road that needs to be repainted is shown to a user with HUD or any transparent display for showing the superimposition of images of a road surface needed to be repainted; col.5, ln.24-37, Akselrod discloses that images captured by camera to observe the road pavement can be ascertained for analyzing photographs or digital images of the road to determine if the pavement marking quality has deteriorated or faded from wear and tear, in that the level of wear and tear of the road pavement indicates a level or degree of abrasions of the road surface, and col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road; col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed).
Regarding claim 19, Akselrod discloses detecting a color of the road surface mark (col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road).
Akselrod does not disclose calculate an amount of paint to be used for repainting the road surface mark for each of the colors. However, Wilkens discloses calculate an amount of paint to be used for repainting the road surface mark (paragraph [33], Wilkens discloses that when the volume of paint and line width is known and already computed or determined, then the thickness of the line on the paint spray surface can be calculated for determining the amount of paint needed to spray on the road for properly marking the road, and paragraph [36], Wilkens discloses that the volume of fluid flow through the paint gun can be calculated by a processor, wherein the processor utilizes information from the size of supply lines and/or the orifice size of the paint gun to effectively calculate flow volume to properly calculating the amount of paint needed to repaint the surface of the road pavement by adjusting the flow rate or flow volume of the paint needed to paint a road surface). Since Akselrod discloses detection of colors on a road surface (col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road), and Wilkens discloses “…calculate an amount of paint to be used for repainting the road surface mark”, therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Akselrod and Wilkens together as a whole for ascertaining the limitation “…calculate an amount of paint to be used for repainting the road surface mark for each of the colors” in order to properly monitor the amounts of paint being utilized in real-time for painting road surfaces so as to not waste unnecessary paint and conserve as needed (Wilkens’ paragraph [11]).
Regarding claim 20, Akselrod discloses determining whether to perform repainting (col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed) for each partial region of the road surface mark (col.9, ln.59 to col.10, ln.8, Akselrod discloses a user interface (UI) that has an augmented reality display for permitting the display of the determined pavement markings on a real time view of a road or a paved area, wherein an overlay or superimposition of a display onto the region of the road surface is provided to a user interface, and col.9, ln.4-21, Akselrod discloses that digital images obtained by digital camera, pavement markings and overlays (ie. superimposition) of pavement markings are projected on a real-time image for indicating the region of the road or area of road that needs to be repainted is shown to a user with HUD or any transparent display for showing the superimposition of images of a road surface needed to be repainted).
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Akselrod (US 9,702,830) and Wilkens (US 2012/0203475) in view of Stenneth (US 2022/0121862).
Regarding claim 6, Akselrod and Wilkens do not disclose determine a priority of repainting the road surface mark. However, Stenneth teaches determine a priority of repainting the road surface mark (paragraph [81], Stenneth discloses that a ranking process is implemented for ranking road segments or areas to decide which links (ie. segments, areas, mark) to repaint first, second, etc.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Akselrod, Wilkens and Stenneth together as a whole for permitting ordering and sequencing of road segments so as to properly repaint the most important sections in order to clearly let drivers know on the road where are the lanes so as to avoid potential accidents when driving.
Regarding claim 8, Akselrod discloses wherein the at least one processor is further configured to execute the instructions to: determine the road surface mark to be repainted (col.13, ln.11-15, Akselrod discloses that if the road pavement is of acceptable quality, then no repainting of the road is necessary, and in col.13, ln.29-36, Akselrod discloses that if the road pavement is of unacceptable quality, then the pavement marking program informs that the reapplication or repainting of the road is needed, wherein col.5, ln.24-37, Akselrod discloses that images captured by camera to observe the road pavement can be ascertained for analyzing photographs or digital images of the road to determine if the pavement marking quality has deteriorated or faded from wear and tear, in that the level of wear and tear of the road pavement indicates a level or degree of abrasions of the road surface, and col.11, ln.29-35, Akselrod discloses that images can be checked of the road to see if the road surface texture or color has changed to determine if pavement changes are needed on the road).
Akselrod and Wilkens do not disclose determine the road surface mark to be repainted based on a priority. However, Stenneth teaches determine the road surface mark to be repainted based on a priority (paragraph [81], Stenneth discloses that a ranking process is implemented for ranking road segments or areas to decide which links (ie. segments, areas, mark) to repaint first, second, etc.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Akselrod, Wilkens and Stenneth together as a whole for permitting ordering and sequencing of road segments so as to properly repaint the most important sections in order to clearly let drivers know on the road where are the lanes so as to avoid potential accidents when driving.
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/ALLEN C WONG/Primary Examiner, Art Unit 2488