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 § 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.
Claim(s) 2-5, 7, 12-14, 20 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mello (U.S. 2019/0220964).
Regarding claims 2 and 20, Mello teaches a controller 130 comprising: one or more data storage devices 132 configured to store computer-executable instructions 133; and one or more computer processors 131, in communication with the one or more data storage devices, that when executing the computer-executable instructions, are configured to: electronically couple the controller 130 to a portable field measurement device (170, 180) such that the controller and the portable field measurement device electronically communicate 140; cause a first test to be performed by the portable field measurement device on a first material (see para. 0029, ‘The data collection controller 130 is configured to synchronize data collection by the sensor platforms (including the aerial sensor platforms and the ground-based sensor platforms). For example, in FIG. 1, the data collection controller 130 is coupled to a transmitter 138, which is coupled to an antenna 139. In this example, the data collection controller 130 causes the transmitter 138 to send synchronization signals 140 via a radio-frequency transmission. The sensor platforms are configured to gather data using various sensors in response to the synchronization signals 140. In some implementations, the synchronization signals 140 are broadcast signals (e.g., are not addressed to particular sensor platforms) in which case all of the sensors platforms that receive the synchronization signals 140 generate sample data based on the synchronization signals 140’); generate and store test results 135 associated with the first test that are based at least in part on test data calculated by the portable field measurement device (see para. 0030, ‘Data gathered by the sensor platforms is conveyed to the data collection controller 130, which aggregates the data into related data sets (e.g., the sets of sample data 135)’); and generate instructions for display of the test results on a graphical user interface (see para. 0035, ‘The computing device 110 analyzes the set of synchronized sampling data (and possibly other data) to generate a schedule entry 119 of the schedule 114. The computing device 110 stores the schedule entry 119 in the memory 112 as part of the schedule 114, and may also display the schedule 114 or the schedule entry 119 to a user via a display device 117’).
Regarding claims 3 and 21, Mello further teaches wherein the one or more computer processors are further configured to: transmit, to a first device, the instructions for execution (see para. 0029, ‘the data collection controller 130 is coupled to a transmitter 138, which is coupled to an antenna 139. In this example, the data collection controller 130 causes the transmitter 138 to send synchronization signals 140 via a radio-frequency transmission. The sensor platforms are configured to gather data using various sensors in response to the synchronization signals 140’).
Additionally, the claim as written does not positively define the structure; therefore, the Examiner has interpreted the claim as if the transmission of instructions is for execution of displaying data.
Regarding claims 4 and 13, Mello further teaches wherein the one or more data storage devices are configured to store test results and geolocation data (see para.0034, ‘The first set of synchronized sample data and the second set of synchronized sample data may each include information indicating a date and time of data capture and a location of each sensor that captured data in the set’), and wherein: causing the first test is based at least in part on a test request comprising testing criteria (‘ testing criteria’ is defined in the Specification as including criteria for measuring a physical property of the sample, including moisture, which is measured by sensor 311); generating and storing the test results are performed in the one or more data storage devices 132; the test results are based at least in part on the geolocation data; and after generating the instructions for display, the one or more computer processors (131, 111) are further configured to transmit the instructions for display to a first device 117.
Regarding claim 5, Mello further teaches wherein the portable field measurement device is: a device for measuring physical properties of at least one of: soil, sand, asphalt, asphaltic concrete, concrete, cement, steel, reinforcing steel, iron, or any aggregate materials; or a nuclear density gauge (see figure 3: 308).
Regarding claim 7, Mello further teaches wherein physical properties include moisture content (via sensor 311) or density.
Regarding claim 12, Mello further teaches wherein the portable field measurement device 170 is physically positioned to be able to test the first material 153.
Regarding claim 14, Mello further teaches wherein the one or more computer processors 131 are further configured to: detect, by a detection sensor (209, 213), any visual or audible feedback 144 emitted by the portable field measurement device 180.
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(s) 6, 8, 9-11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Mello in view of Troxler (U.S. 2015/0088452).
Regarding claim 6, Mello further teaches wherein sensors 208 are positioned and actuated by a remotely operated robotic apparatus 180.
However, Mello does not explicitly teach wherein the portable field device is a nuclear density gauge.
Troxler teaches a similar system wherein the portable measuring device is a nuclear density gauge (see para. 0005, ‘a nuclear gauge is a measuring device that is routinely used during road paving projects. Nuclear gauges may be used for the determination of certain material properties, such as density and/or moisture content of asphalt paving materials, soil, and concrete’. Additionally see para 0039, 0045).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Mello with the teaching of Troxler as an alternative for measuring density.
Regarding claim 8, Mello further teaches wherein the transmission of instructions for display (see figure 1); but does not explicitly teach that the transmission occurs over one or more communication interfaces which include one or more of: physical or wired connection(s), Bluetooth, Wi-Fi, or cellular radio technology.
Troxler teaches wherein a communications device 322 comprises a user interface 324 and a communications module 326, user interface 324 can receive input from a user and present output information to a user, such as with a display and/or a speaker. Communications module 326 is configured for communicating with other devices. For example, communications module 326 may be configured for wireless and/or wired communication with devices via a direct and/or indirect connection (see para. 0071). Also referring to figure 3, sensor 302 communicates with base station/communication device 322 via wireless connection. Para. 0070 teaches wherein tracking system 306 uses GPS, and/or cellular technology.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Mello with the teaching of Troxler since it was known in the art that using wired connection and/or wireless connections such as Wi-Fi, or cellular radio technology is common.
Regarding claim 9, Mello further teaches wherein the test results are also based at least in part on geolocation data; however, Mello does not explicitly teach wherein the geolocation data is output from a geolocation sensor, and wherein the geolocation sensor comprises a Global Navigation Satellite Systems (GNSS) receiver and antenna.
Mello does teach wherein the data output is from a position sensor 212, which can include a global positioning system receiver, a local positioning system receiver, or a dead reckoning system that generates the position data 142 (see para. 0041).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Mello since the examiner takes Office Notice of the equivalence of a geolocation sensor comprising a GNSS receiver and antenna, and the position sensor of Mello, comprising a global positioning system receiver which communicates with antenna 201, for their use in the art, and the selection of any of these known equivalents to provide location data would be within the level of ordinary skill in the art.
Regarding claims 10 and 11, Troxler further teaches wherein the controller is further configured to receive Global Navigation Satellite Systems (GNSS) position corrections from a GNSS reference base station (see para. 0040, ‘GLONASS’); wherein the Global Navigation Satellite Systems (GNSS) position corrections are received via one or more radio signals or the Internet (see para. 0062).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Mello with the teaching of Troxler since it was known in the art that using GPS or other similar alternatives in this manner is common.
Regarding claim 18, Troxler further teaches wherein the one or more computer processors are further configured to: identify a user based at least in part on information associated with hardware components of the first device (see para. 0113, 0141).
Allowable Subject Matter
Claims 15-17 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMEL E WILLIAMS whose telephone number is (571)270-7027. The examiner can normally be reached Monday-Thursday 10am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached at (571)272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMEL E WILLIAMS/Primary Examiner, Art Unit 2855
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