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 .
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 38 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 “complete boundary” in claim 38 is a relative term which renders the claim indefinite. The term “complete boundary” 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. The disclosure fails to define the meets and bounds of "complete boundary" or what is entailed by "complete" rendering the claim indefinite.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 8-15, 18-22, 25, 26, 28, 29, 31, 32, 34, and 37-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hardy US20220011108.
Claim 1. Hardy discloses a boundary pin (10), the boundary pin having an elongated body extending between first (denoted by the end of 11) and second (denoted by the top of 12) ends; a beacon (13), the beacon mounted to the boundary pin, the beacon designed to transmit a signal (41) to a mobile communications device (MCD) (35), the signal indicative of location information pertaining to the pin (Fig.4).
Claim 2. Hardy discloses the first end of the boundary pin reside within the ground (P.0093).
Claim 3. Hardy discloses the signal is a radio frequency (RF) carrier signal (16) having data encoded thereon, the data indicative of the location information (41, Fig.4).
Claim 4. Hardy discloses the data indicates at least a direction of the combination of the pin and beacon apparatus relative to the MCD (P.0112).
Claim 5. Hardy discloses the RF signal conforms to the Bluetooth Low Energy (BLE) protocol (P.0111).
Claim 8. Hardy discloses the MCD comprises a user interface output that indicates a direction of the apparatus relative to the MCD (P.0054 and 0127).
Claim 9. Hardy discloses a pin cap and wherein the pin cap (12), the beacon (13), and the pin are secured together (Fig.1).
Claim 10. Hardy discloses the signal is indicative of the location information pertaining to the pin relative to the MCD (P.0054).
Claim 11. Hardy discloses a plurality of boundary pins (10) that identifies a boundary of a particular parcel of land (Fig.2); a plurality of beacons (13) associated with respective boundary pins (Fig.1), each beacon designed to transmit a signal (41), each signal indicative of a respective location of the respective pin; and a mobile communications device (MCD) (35), the MCD having a processing system that executes instructions associated with a land survey application program, the land survey application program designed to receive the signals transmitted by the beacons and to output location information to a user so that the user can locate the plurality of pins (P.0119).
Claim 12, 26, and 32. Hardy discloses each signal is also indicative of at least one of the following: (a) the terrestrial location with longitude and latitude coordinates, (b) an identity of the particular parcel of land and (c) an identify and terrestrial and/or relative location of one or more other boundary pins associated with the particular parcel (P.0080).
Claim 13. Hardy discloses the land survey application program further comprises instructions to create a boundary of the land identified by the pins (illustrated in Fig.2).
Claim 14 and 38. Hardy discloses the land survey application program further comprises instructions to access map and survey information and display the land boundary overlaying the land on a map (illustrated in Fig.2).
Claim 15 and 34. Hardy discloses the land survey application program further comprises instructions to display a feature (25 road in Fig.2) inside the boundary of the land (P.0092).
Claim 18, 28, and 37. Hardy as modified discloses each signal is a radio frequency (RF) carrier signal (via 16) having data encoded thereon, the data indicative of the location information (41, Fig.4).
Claim 19, 29, and 39. Hardy as modified discloses the RF signal conforms to the Bluetooth Low Energy (BLE) protocol (P.0111).
Claim 20. Hardy discloses a pin cap (12) for placement on a boundary pin, the pin cap comprising a beacon (13) designed to transmit a signal, the signal indicative of a location of the pin cap.
Claim 21. Hardy discloses the signal is in the radio frequency range (P.0068).
Claim 22. Hardy discloses the signal complies with the Bluetooth Low Energy protocol (P.0111).
Claim 25. Hardy discloses associating a beacon (13) with a boundary pin (10) of a land parcel, the boundary pin having an elongated body extending between first and second ends (denoted by top of 12 and bottom of 11, Fig.1), the beacon being associated with the first end (within 12), the second end residing within the ground, the beacon designed to transmit a signal (41), the signal having first data that is indicative of a location of the pin; and with a mobile communications device (MCD) (35), executing instructions of a land survey application program with a processor (18) in order to receive and analyze the signal transmitted by the beacon and to output location information to a user so that the user can locate the pin (P.0119).
Claim 31. Hardy discloses a plurality of boundary pins (10) that identifies a boundary of a particular parcel of land (Fig.2); a plurality of beacons (13) associated with respective boundary pins, each beacon designed to transmit a signal (41), each signal indicative of a respective location of the respective pin; and a mobile communications device (MCD)(35), the MCD having a processing system that executes instructions associated with a land survey application program, the land survey application program designed to receive the signals transmitted by the beacons, to determine a location of the pins (P.0054), to create at least one property line of the land parcel, and to display the at least one property line (21) on a map image (Fig.2).
Claim 40. Hardy discloses associating a beacon (13) with a boundary pin (10) of a land parcel (Fig.2), the boundary pin having an elongated body (11) extending between first and second ends (Fig.1), the beacon being associated with the first end (at 12), the second end residing within the ground, the beacon designed to transmit a signal (41), the signal having first data that is indicative of a location of the pin; and with a mobile communications device (MCD)(35), executing instructions of a land survey application program with a processor (18) in order to receive the signals transmitted by the beacons, to determine a location of each of the pins (P.0054), to create at least one property line of the land parcel, and to display the at least one property line on a map image (as shown in Fig.2).
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.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Hardy US20220011108 as applied to claim 31 above.
Claim 33. Hardy discloses the land survey application program further comprises instructions to access map and survey information (Fig.2) but fails to disclose via the internet, however with widely available mobile phones and devices, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to access the program via internet for ease, as a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Claims 6, 7, 16, 17, 23, 24, 27, 30, 35, and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Hardy US20220011108 as applied to claims 1, 11, 25, and 31 above, in view of Zimmermann US20200191569.
Claim 6, 16, 23, 27, and 35. Hardy discloses the beacon is designed to communicate data to and from the MCD but is silent on the beacon further comprises a sound generator that can be activated by particular data received from the MCD.
Zimmermann before the filing date of the instant invention discloses a geodetic stake-out device that output different kinds of sounds, vibrations, and/or simple light signals to indicate different degrees of approximation with regard to the center plane (P.0038). It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to include a sound generator to different degrees of approximation to the MCD of Hardy as suggested by Zimmermann, as a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Claim 7, 17, 24, 30, and 36. Hardy discloses the beacon is designed to communicate data to and from the MCD but is silent on the beacon further comprises an accelerometer that provides particular data to the MCD indicating whether the beacon has been moved.
Zimmermann before the filing date of the instant invention discloses a geodetic stake-out system with inertial sensors such as magnetometers, accelerometers, or gyroscopes to track a current movement direction of the stake-out device (P.0039). It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to include sensors such as magnetometers, accelerometers, or gyroscopes to track a current movement direction of Hardy’s pin as taught by Zimmermann
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attached NOTICE OF REFERENCE CITED.
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BABAJIDE A. DEMUREN
Primary Examiner
Art Unit 3633
/BABAJIDE A DEMUREN/Primary Examiner, Art Unit 3633