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 .
Response to Arguments
Applicant's arguments filed 4/16/26 have been fully considered but they are not persuasive. The applicant submits the prior art does not disclose the following limitations of the claimed invention:
identifying a device based on image data from the visible-light camera; repeatedly adjusting a position of the camera system to track relative movement of the device relative to the vehicle to maintain the device in a field of view of the infrared camera as the vehicle with the camera system moves with respect to the device; recording, based on one or more measurements from the LiDAR unit, at least one distance measurement from the camera system to the device, as stated in claims 1 and 13. The Examiner respectfully disagrees.
Re claim 1 and 13) In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., automatically identifying of a device and automatically repeatedly adjusting a psoition) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claim does not state that the identifying and repeated adjusting is preformed the system without the assistance of the user. The Myrick reference discloses identifying a device based on image data from the visible-light camera (see column 7, lines 3-33); repeatedly adjusting a position of the camera system to track relative movement of the device relative to the vehicle to maintain the device in a field of view of the infrared camera as the vehicle with the camera system moves with respect to the device (see column 4, lines 4-19 and column 6, lines 16-19: the processing system moves the camera according to the input of the operator to maintain the device in the field of view); recording, based on one or more measurements from the LiDAR unit, at least one distance measurement (altitude) from the camera system to the device (see column 6, lines 20-28; column 7, lines 3-33). The claim does not disclose when the device distance is measured, so the Myrick reference measured the distance to the device when it is directly under the aircraft read on the distance measurement. Therefore, the Myrick reference discloses all the limitations of of the claimed invention.
Claim Rejections - 35 USC § 102
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 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) 2-4, 13-15, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Myrick, US 5,166,789.
In regard to claim 2, Myrick, US 5,166,789, discloses a method comprising:
operating a camera system coupled to a vehicle (see column 4, lines 1-3 and column7, lines 28-40), the camera system comprising a visible-light camera (see figure 1, element 14), an infrared camera (see figure 1, element 16), and an light detection and ranging (LiDAR) unit (see figure 1, element 24; column 4, lines 20-41; column 6, lines 20-28);
identifying a device based on image data from the visible-light camera (see column 7, lines 3-33);
repeatedly adjusting a position of the camera system to track relative movement of the device relative to the vehicle to maintain the device in a field of view of the infrared camera as the vehicle with the camera system moves with respect to the device (see column 4, lines 4-19 and column 6, lines 16-19: the processing system moves the camera according to the input of the operator to maintain the device in the field of view);
recording image data generated by the infrared camera that indicates properties of the device (see column 5, lines 20-43 and column 6, line 45 to column 7, line 13: the image infrared data and position data is recorded in split screen display data); and
recording, based on one or more measurements from the LiDAR unit, at least one distance measurement (altitude) from the camera system to the device (see column 6, lines 20-28; column 7, lines 3-33).
In regard to claim 3, Myrick, US 5,166,789, discloses the method of claim 1, further comprising determining an identifier for the device (see figure 3); and wherein recording image data from the infrared camera comprises associating the recorded image data with the identifier for the device (see column 6, lines 29-44 and column 7, lines 3-13: the device or object of interest is identified and marked with an X).
In regard to claim 4, Myrick, US 5,166,789, discloses the method of claim 1, wherein the visible-light camera has a first field of view (see figure 2, element A); and wherein the infrared camera has a second field of view (see figure 2, element B) that is narrower than the first field of view of the visible-light camera (see figure 2 and column 6, lines 29-44).
In regard to claim 13, Myrick, US 5,166,789, discloses a system comprising:
one or more computers (see figure 1, element 30);
one or more computer-readable media (not shown) storing instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations comprising (see figure 1, element 30: it is inherent the computer 30 of the Myrick reference discloses a computer-readable medium such a ROM and a RAM to store and execute the program the computer runs, in order to operate the device):
operating a camera system coupled to a vehicle (see column 4, lines 1-3 and column7, lines 28-40), the camera system comprising a visible-light camera (see figure 1, element 14), an infrared camera (see figure 1, element 16), and an light detection and ranging (LiDAR) unit (see figure 1, element 24; column 4, lines 20-41; column 6, lines 20-28);
identifying a device based on image data from the visible-light camera (see column 7, lines 3-33);
repeatedly adjusting a position of the camera system to track relative movement of the device relative to the vehicle to maintain the device in a field of view of the infrared camera as the vehicle with the camera system moves with respect to the device (see column 4, lines 4-19 and column 6, lines 16-19: the processing system moves the camera according to the input of the operator to maintain the device in the field of view);
recording image data generated by the infrared camera that indicates properties of the device (see column 5, lines 20-43 and column 6, line 45 to column 7, line 13: the image infrared data and position data is recorded in split screen display data); and
recording, based on one or more measurements from the LiDAR unit, at least one distance measurement (altitude) from the camera system to the device (see column 6, lines 20-28; column 7, lines 3-33).
In regard to claim 14, Myrick, US 5,166,789, discloses the method of claim 13, further comprising determining an identifier for the device (see figure 3); and wherein recording image data from the infrared camera comprises associating the recorded image data with the identifier for the device (see column 6, lines 29-44 and column 7, lines 3-13: the device or object of interest is identified and marked with an X).
In regard to claim 15, Myrick, US 5,166,789, discloses the method of claim 13, wherein the visible-light camera has a first field of view (see figure 2, element A); and wherein the infrared camera has a second field of view (see figure 2, element B) that is narrower than the first field of view of the visible-light camera (see figure 2 and column 6, lines 29-44).
In regard to claim 21, Myrick, US 5,166,789, discloses an imaging system and its operation as described above in regard to claim 13, the computer-readable media of claim 21 is also disclosed (see claim 13 above).
Allowable Subject Matter
Claims 5-12 and 16-20 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
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEVELL V SELBY whose telephone number is (571)272-7369. The examiner can normally be reached Monday-Thursday 6 AM - 3:30 PM; Friday 6-10 AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEVELL V SELBY/Primary Examiner, Art Unit 2638
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