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 .
Notice to Applicants
This communication is in response to the Application filed on 06/03/2024.
Claims 1-8 are pending.
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 1-8 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 1 recites “repeatedly counting the number of point clouds within a certain distance from a point cloud on the movement track.” The phrase “a point cloud on the movement track” is unclear because a point cloud is typically a collection of points, and the claim does not clearly specify what element is located “on” the movement track. Although the Examiner interprets this phrase as referring to a point of a point cloud on the movement track in view of the specification (e.g., para. [0016] and Fig. 5), the claim language itself does not clearly recite this, and thus lacks clarity.
Additionally, the claim recites “counting the number of point clouds,” which is ambiguous because it is unclear whether the claim intends to count multiple point cloud datasets, individual points within a point cloud, or individual points within the point cloud data comprising a plurality of point clouds. Although the Examiner interprets this phrase as referring to individual points within the point cloud data in view of the specification (e.g., paras. [0013], [0016], [0017] and Figs. 2 and 5), the claim language does not clearly reflect this interpretation.
Claim 6 recites “extends the approximate line to the road width.” It is unclear what it means to “extends the approximate line to the road width.” It is unclear whether the line is extended until it defines the road width, extended based on a known road width, or used to estimate the road width.
With respect to claim 7, arguments analogous to those presented for claim 1, are applicable.
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.
Claim 1-5, 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida et al. (U.S. Patent No. 8,665,263) (hereafter, "Yoshida") in view of IEDA et al. (JP 2015-078849A) (hereafter, "IEDA").
Regarding claim 1, Yoshida teaches A device that acquires point cloud data representing three-dimensional coordinates (Column 6, line 61-65, The point cloud generating section 420 generates the point cloud 491 by using CPU based on 3D point cloud 419a generated by the 3D point cloud generating section 410 and the camera image 292 acquired by the mobile measuring apparatus 200) and a movement track at a time of measuring the point cloud data, and (Column 4, line 8-13, The mobile measuring apparatus 200 may be a mobile object (e.g., a vehicle or airplane) equipped with a laser scanner 210, a camera 220, a GPS receiver 230, a gyro 240, and an odometer 250. The mobile measuring apparatus 200 acquires various kinds of measurement data as the base of a 3D point cloud while moving on the ground; Column 4, line 28-33 & 36-39, The camera 220 takes a picture of a feature at the site of measurement of the laser scanner 210 (the point where the mobile measuring apparatus 200 is located at the time of a laser observation by the laser scanner 210) at the same time as the laser scanner 210 measures the distance and orientation point cloud 291 … The GPS receiver 230 observes positioning signals transmitted from a plurality of Global Positioning System (GPS) satellites at the same time as the laser scanner 210 measures the distance and orientation point cloud 291; Column 4, line 51-54 & 58-61, The gyro 240 measures an angular velocity in the three axial directions (Roll, Pitch, and Yaw) of the mobile measuring apparatus 200 at the same time as the laser scanner 210 measures the distance and orientation point cloud 291 ... The odometer 250 measures the amount of change in velocity of the mobile measuring apparatus 200 at the same time as the laser scanner 210 measures the distance and orientation point cloud 291) repeatedly counts the number of point clouds within a certain distance (Column 16, line 4-14, <S142B: Point Density Calculating Process> The point density calculating section 160 divides the projected plane into zones of a predetermined size, and calculates the point density 169a of each point of the point cloud 491 for each zone. Each zone is minute in size. The size is approximately “30 cm×30 cm” of the real world and not the size within an image ... The “point density 169a” is assumed to be the number of points of the point cloud 491 projected onto the minute zone) from a point cloud on the movement track (Column 6, line 61-65, The point cloud generating section 420 generates the point cloud 491 by using CPU based on 3D point cloud 419a generated by the 3D point cloud generating section 410 and the camera image 292 acquired by the mobile measuring apparatus 200; Column 9, line 60-63, The 3D point cloud 419a indicates the 3D coordinates of each point of the distance and orientation point cloud 291. Each point of the 3D point cloud 419a corresponds to a point of the distance and orientation point cloud 291) to extract a point cloud of a linear object (Column 16, line 16-19, The standing feature specifying section 170 specifies as the standing feature image portion 179a each minute zone whose point density 169a calculated in S142B is the same or more than a predetermined number; Column 17, line 8-13, The point cloud extracting section 120 extracts as the reference height the ground height 139a specified by the ground height specifying section 130, and extracts as the predetermined height point cloud 129a every point whose height from the ground height 139a is the same or higher than a predetermined height from the point cloud 491; Column 17, line 30-33, the point cloud orthoimage 191 onto which the predetermined height point cloud 129a whose height from the ground height 139a is 50 cm or higher is orthographically projected; Column 17, line 47-49, in FIG. 17, the point cloud orthoimage 191 clearly shows features such as a tree, a wall, an electric wire, and a power pole).
Yoshida does not expressly teach linear.
However, IEDA teaches linear ([0031] as shown in FIG. 12, the three-dimensional equipment detection apparatus 40 creates a line segment of three-dimensional point group data adjacent to each other by a scan line between two adjacent power poles (s23). The distance (time) interval of the dimensional point cloud data is detected (s24); [0034] The three-dimensional equipment data of the cable detected based on the three-dimensional equipment data of the two adjacent power poles is extracted from the three-dimensional equipment data (s32)).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the device and method of Yoshida to incorporate the step/system of using a scan line to detect three-dimensional point group data and identifying adjacent points to extract the cable (linear object) taught by IEDA.
The suggestion/motivation for doing so would have been to improve the accuracy for detection of the actual state of facilities, such as utility poles and cables for an inspection plan and an equipment repair plan ([0008] the 3D mapping system can be used to accurately detect the actual state of utility pole, cable, closure, etc. equipment (tilt angle of utility pole, cable ground height, etc.); [0003] This system acquires the absolute three-dimensional coordinates of the irradiated point as three-dimensional point group data by the laser light applied to the surface of the outdoor structure, and the more the number of irradiated points, the more precise the three-dimensional. The shape can be reproduced). Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predicted results. Therefore, it would have been obvious to combine Yoshida and IEDA to obtain the invention as specified in claim 1.
Regarding claim 2, the combination of Yoshida and IEDA teaches all the limitations of claim 1 above. IEDA teaches that detects a straight line from the point cloud of the linear object that has been extracted ([0034] The three-dimensional equipment data of the cable detected based on the three-dimensional equipment data of the two adjacent power poles is extracted from the three-dimensional equipment data (s32); [0043] the three-dimensional equipment state detection device 50 defines and calculates the direction represented by a straight line), and groups the point cloud of the linear object that has been extracted ([0029] FIG. 12 shows a cable detection processing mechanism; [0030] the three-dimensional equipment detection device 40 extracts three-dimensional equipment data of two adjacent power poles from the three-dimensional equipment data of the power pole detected and stored (s21) ... The range of the dimensional point cloud data is narrowed to three-dimensional point cloud data in the rectangular parallelepiped space (s22); [0031] as shown in FIG. 12, the three-dimensional equipment detection apparatus 40 creates a line segment of three-dimensional point group data adjacent to each other by a scan line between two adjacent power poles (s23)), for each of the straight line that has been detected ([0043] the three-dimensional equipment state detection device 50 defines and calculates the direction represented by a straight line when the cable approximated by the quadratic curve is projected on the horizontal plane as “direction of cable” (s53); FIG. 12 shows 3 different cables and each cable is shown separately).
Regarding claim 3, the combination of Yoshida and IEDA teaches all the limitations of claim 2 above. IEDA teaches that obtains an approximate line from the point cloud that has been grouped, and ([0032] the three-dimensional equipment detection apparatus 40 approximates the detected cable to a quadratic curve based on the three-dimensional point group data by the least squares method) includes a point cloud arranged on the approximate line ([0007] A three-dimensional point group for converting a three-dimensional object corresponding to a cable from a three-dimensional object of two adjacent utility poles, which is converted into a three-dimensional object corresponding to the relevant utility pole based on the external feature of the utility pole) in a same group ([0007] Narrow the range of data (XYZ coordinate range), convert it to a three-dimensional object corresponding to the cable based on the features on the external shape of the pole, and from the three-dimensional object of the two adjacent poles and the three-dimensional object of the cable).
Regarding claim 4, the combination of Yoshida and IEDA teaches all the limitations of claim 3 above. IEDA teaches wherein a primary straight line, a secondary curve, or a catenary curve is used as the approximate line ([0042] the three-dimensional equipment state detection device 50 extracts three-dimensional equipment data of an arbitrary cable from the three-dimensional equipment data of the cable detected and stored (s51) ... The lowest point of the cable (approximated by a curve) is calculated (s52); [0043] the three-dimensional equipment state detection device 50 defines and calculates the direction represented by a straight line when the cable approximated by the quadratic curve).
Regarding claim 5, the combination of Yoshida and IEDA teaches all the limitations of claim 3 above. IEDA teaches wherein the linear object is an overhead cable that crosses a road ([0034] The three-dimensional equipment data of the cable detected based on the three-dimensional equipment data of the two adjacent power poles is extracted from the three-dimensional equipment data (s32); [0043] The length of the vertical line when the "lowest point of the cable" and the "road surface between the utility poles" are connected by the perpendicular line; FIG.1 and FIG. 5), and the approximate line is ([0032] the three-dimensional equipment detection apparatus 40 approximates the detected cable) extended in order for the overhead cable to cross the road ([0003] the vehicle is equipped with a 3D laser scanner (3D laser surveying machine), camera, GPS, IMU (inertial measurement device), odometer (Odometer), and while traveling on the road; [0043] The length of the vertical line when the "lowest point of the cable" and the "road surface between the utility poles" are connected by the perpendicular line; FIG. 12 shows the cables to cross the road which is the direction of the scan line between two adjacent power poles).
Regarding claim 8, the combination of Yoshida and IEDA teaches all the limitations of claim 1 above. Yoshida teaches a non-transitory computer-readable medium (Column 8, line 41-42, “database” are stored in a storage medium such as a disk or a memory) having computer-executable instructions that (Column 8, line 42-45, Information, data, a signal value, a variable value, and a parameter stored in a storage medium such as a disk or a memory; Column 8, line 26-27, The programs of the program group 923 are executed by the CPU 911), upon execution of the instructions by a processor of a computer (Column 8, line 44-46, read into a main memory or a cache memory by the CPU 911 via a read/write circuit, and used in a CPU operation for extraction), cause the computer to function as the device (Column 8, line 46-47, used in a CPU operation for extraction, search, reference, comparison, computation, calculation, processing, output).
With respect to claim 7, arguments analogous to those presented for claim 1, are applicable.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshida et al. (U.S. Patent No. 8,665,263) (hereafter, "Yoshida") in view of IEDA et al. (JP 2015-078849A) (hereafter, "IEDA") and further in view of NISHIMURA et al. (JP 2007-153087A) (hereafter, "NISHIMURA").
Regarding claim 6, the combination of Yoshida and IEDA teaches all the limitations of claim 5 above. Yoshida teaches extends the approximate line to the road width (FIG. 17 and 18 show the electric wires extend to road width).
Yoshida does not expressly teach that calculates a road width by using a distance from the movement track to a nearest utility pole, and
However, NISHIMURA teaches that calculates a road width by using a distance from the movement track ([0043] FIG. 6 is a pattern diagram showing a method of obtaining the horizontal distances L1 of the left and right ends of a road in an image when a straight road corresponding to a lane width of a general road is imaged by the video cameras 1 and 2 mounted in the vehicle; [0045] the envelopes 62, 62 may be corrected by a predetermined width in the direction of each other as shown in FIG. 6 (c), for example, to improve the accuracy, and the corrected envelopes 62 ′, 62 ′ may be calculated and used for the following curvature radius calculation processing … This makes it possible to more accurately calculate the horizontal distance between the left and right ends of the road) to a nearest utility pole, and ([0045] the width to be corrected is a width corresponding to a distance from the left and right ends of the road to a position where a utility pole, a mercury lamp, or the like is installed, and becomes shorter as the y coordinate in the image becomes larger. This makes it possible to more accurately calculate the horizontal distance between the left and right ends of the road).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the device and method of Yoshida to incorporate the step/system of calculating the road width by using the distance to utility pole imaged the cameras mounted in the vehicle taught by NISHIMURA.
The suggestion/motivation for doing so would have been to improve the accuracy for the calculation of the road width ([0045] This makes it possible to more accurately calculate the horizontal distance between the left and right ends of the road; [0070] the distance between the lower ends of the vertically long edges in the image and the lower end position data of the vertically long edges can be updated, the radius of curvature of the road ahead can be calculated more accurately, and the possibility of collision can be determined more accurately; [0018] even in a case where the type of the far-infrared imaging device to be mounted and the installation position and the attachment angle of the far-infrared imaging device are different, it is possible to accurately calculate the curvature radius of the road, and it is possible to prevent erroneous determination of the collision possibility due to the curve of the road). Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predicted results. Therefore, it would have been obvious to combine Yoshida and NISHIMURA to obtain the invention as specified in claim 6.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL C. CHANG whose telephone number is (571)270-1277. The examiner can normally be reached Monday-Thursday and Alternate Fridays 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chan S. Park can be reached at (571) 272-7409. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL C CHANG/Examiner, Art Unit 2669 /CHAN S PARK/Supervisory Patent Examiner, Art Unit 2669