Prosecution Insights
Last updated: July 17, 2026
Application No. 18/941,210

UNDERWATER OPTICAL POSITIONING SYSTEMS AND METHODS

Final Rejection §102
Filed
Nov 08, 2024
Priority
Jul 10, 2017 — provisional 62/530,747 +2 more
Examiner
KLEINMAN, LAIL A
Art Unit
3668
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
3D AT Depth Inc.
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
1y 2m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
306 granted / 440 resolved
+17.5% vs TC avg
Strong +17% interview lift
Without
With
+17.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
19 currently pending
Career history
476
Total Applications
across all art units

Statute-Specific Performance

§101
5.0%
-35.0% vs TC avg
§103
80.8%
+40.8% vs TC avg
§102
5.7%
-34.3% vs TC avg
§112
6.2%
-33.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 440 resolved cases

Office Action

§102
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 . Status of the Claims This Office Action is in response to the Applicant’s amendments and remarks filed December 19, 2025. Claims 1, 6, 14, and 15 have been amended. Claims 1-20 are pending and are examined below. Response to Remarks/Arguments Applicant’s arguments and amendments filed December 19, 2025 with respect to the previous double patenting rejections have been fully considered. Applicant has declined to file a terminal disclaimer at this time, therefore, the previous rejections are maintained. Applicant’s arguments and amendments filed December 19, 2025 with respect to the previous 35 U.S.C. 102 rejections have been fully considered. With respect to the previous rejection under 35 U.S.C. 102 of claim 1, Applicant argues the cited art of record, Boyle, US 20160198069 A1, hereinafter referred to as Boyle, fails to explicitly disclose all of the features of claim 1, as presently amended, specifically, determining a location for placement of an object, projecting a visible target at the determined location, wherein the visible target indicates the target location for placement of the object, and outputting directional guidance to a user while moving an object to a target location, or placing an object at a target location while outputting directional guidance to the operator. Applicant argues Boyle merely discloses determining an existing location and/or condition of surveying equipment. Examiner respectfully disagrees. Examiner respectfully asserts the broadest interpretation of the claimed object is analogous to the submersible of Boyle. Boyle provides a target location for a submersible which is considered an object (See at least ¶141). Boyle projects a grid which is a visible target which is indicative of a target location for the submersible because the visible target corresponds to a location at which the submersible and surveying occurs (See at least ¶141). As part of the surveying disclosed by Boyle, in order to perform surveying and navigation, Boyle’s submersible is “placed” at given locations for surveying. Lastly, the projected target serves as a form of outputted directional guidance to the operator as it serves as an indication of where the submersible/object should be moved (See at least ¶104-105). The same rationale where relevant applies to independent claims 14 and 15. With respect to the previous rejection under 35 U.S.C. 102 of claim 14, Applicant argues Boyle fails to explicitly disclose all of the features of claim 14, as presently amended, specifically, generating a virtual target as claimed. Examiner respectfully disagrees. Boyle discloses a grid which is a visible target which is indicative of a target location for the submersible because the visible target corresponds to a location at which the submersible and surveying occurs (See at least ¶141) and a combined display for enabling operator control for placing the submersible/object at the target location (See at least ¶104-105). With respect to the previous rejection under 35 U.S.C. 102 of claim 15, Applicant argues Boyle fails to explicitly disclose all of the features of claim 15, as presently amended, specifically, operating a light source, a scanning device, and a receiver to monitor a location of an object as the object is moved toward the location, or providing a distance between the object and the target location as output to an operator as the object is placed at the target location. Examiner respectfully disagrees. Boyle discloses a light source (Light source – See least ¶159), scanning device (Light source and camera – See at least ¶159), and a receiver for monitoring a location of an object as the object is moved toward the location (Light source and camera – See at least ¶159; Process image data including distance and range data – See at least ¶152-153), or providing a distance between the object and the target location as output to an operator as the object is placed at the target location (Tracking submersible movement as it operates – See at least ¶141; Process image data including distance and range data – See at least ¶152-153; Output to operator – See at least ¶104-105). For at least the above reasons, Boyle anticipates 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Boyle, US 20160198069 A1, hereinafter referred to as Boyle. As to claim 1, Boyle discloses a method, comprising: determining a target location for an object, wherein the target location is in an underwater environment (Location tracking of submersible – See at least ¶141; Examiner notes the submersible is the claimed object and the survey locations are the claimed target locations.); projecting a visible target at or surrounding the determined target location (Project grid – See at least ¶28); continuously or periodically monitoring a location of the object relative to the target location (Process image data including distance and range data – See at least ¶152-153; Tracking submersible movement as it operates – See at least ¶141); moving the object toward the target location (Navigate submersible to target location – See at least ¶141); while moving the object toward the target location, outputting directional guidance to an operator (Output to operator – See at least ¶104-105); and while projecting the visible target and while outputting directional guidance to the operator, placing the object at the target location (Navigate submersible to target location – See at least ¶141; Examiner notes navigating the submersible to an area to be inspected meets the broadest reasonable interpretation of the claim because the plain English definition of “place” is to put in a particular place or position.). As to claim 2, Boyle discloses the visible target is projected from a positioning system, the method further comprising determining a location of the positioning system, wherein the target location for the object is determined relative to the location of the positioning system (Underwater survey system – See at least ¶25; Relative relationship of projection – See at least ¶160). As to claim 3, Boyle discloses determining the location of the positioning system includes operating a light-based metrology system to determine a distance from the metrology system to a stationary structure having a known location (Underwater survey system – See at least ¶25; Relative relationship of projection – See at least ¶160). As to claim 4, Boyle discloses a plurality of targets are affixed to the stationary structure (Surveying variety of structures – See at least ¶11; Examiner notes any portion of these structures comprises various targets to be surveyed, i.e., pipe couplings, fasteners, etc.). As to claim 5, Boyle discloses the visible target is projected from a positioning system, and wherein the positioning system is carried by an underwater vehicle (Underwater survey system – See at least ¶25; Submersible – See at least ¶77). As to claim 6, Boyle discloses a positioning system is on the object, wherein the visible target is projected from the positioning system, the method further comprising using the positioning system to determine a location of the object relative to a location of an underwater monument, underwater structure, or underwater feature (Underwater survey system – See at least ¶25; Relative relationship of projection – See at least ¶160; Surveying variety of structures – See at least ¶11). As to claim 7, Boyle discloses the object is placed at the target location by emplacement equipment (Autonomous navigation – See at least ¶3-5; Examiner notes the autonomous systems are equivalent to “emplacement equipment” because it places the submersible at the desired target location to perform surveying.). As to claim 8, Boyle discloses a location of the object is determined relative to one or more stationary structures, the method further comprising: determining a position and orientation difference between the object and the target location (Knowledge of submersible position and absolute position of structures to be surveyed – See at least ¶141 and 143) . As to claim 9, Boyle discloses the one or more stationary structures includes at least one target stand (Surveying variety of structures – See at least ¶11; Examiner notes target stand is undefined and is interpreted as any piece of structure to be surveyed.). As to claim 10, Boyle discloses the target location is determined by determining a location of an underwater monument, underwater structure, or underwater feature relative to the target location (Surveying variety of structures – See at least ¶11). As to claim 11, Boyle discloses determining a target location includes determining a geolocation of the target location (Absolute location – See at least ¶143). As to claim 12, Boyle discloses the visible target is at least a partial outline of the target location (Survey images may include outlines of surveyed objects at surveyed locations – See at least ¶86). As to claim 13, Boyle discloses after the object is placed at the target location, operating the positioning system to determine a location of the object as deployed (Tracking submersible movement as it operates – See at least ¶141). As to claim 14, Boyle discloses a method, comprising: determining coordinates of a target location (Location tracking of submersible using GPS – See at least ¶141; Examiner notes the submersible is the claimed object and the survey locations are the claimed target locations.); generating a virtual target indicating the target location, wherein the virtual target is a visible target presented to an operator through a user output device (Various survey areas, i.e. “target location,” for autonomous underwater vehicle – See at least ¶77; Project grid – See at least ¶28; Invention includes operating in visible light spectrum – See at least ¶102; Output to operator – See at least ¶104-105; Examiner notes these targets are virtual because they are locations that are subject to the computer systems necessary for the autonomous submersible to operate.); while generating the virtual target, moving an object toward the target location using emplacement equipment (Navigate submersible to target location – See at least ¶141; Examiner notes the autonomous systems are equivalent to “emplacement equipment” because it places the submersible at the desired target location to perform surveying.); monitoring a location of the object relative to the virtual target indicating the target location (Knowledge of submersible position and absolute position of structures to be surveyed – See at least ¶141 and 143); and placing the object at the target location indicated by the virtual target (Navigate submersible to target location – See at least ¶141; Examiner notes navigating the submersible to an area to be inspected meets the broadest reasonable interpretation of the claim because the plain English definition of “place” is to put in a particular place or position.). As to claim 15, Boyle discloses a system, comprising: a light source (Light source – See least ¶159); transmit and receive optics (Camera module – See at least ¶159); a scanning device, wherein the scanning device directs light generated by the light source and received from the transmit and receive optics toward a target location in an underwater environment (Light source and camera – See at least ¶159; Underwater – See at least ¶2-3); a receiver, wherein light reflected from the target location is received at the receiver (Camera – See at least ¶159); memory, wherein the memory stores instructions for operating the system, including the light source, the scanning device, and the receiver (Autonomous operation – See at least ¶77; Examiner notes memory is necessarily included in the disclosed invention in order for the invention to autonomously perform surveying.); and a processor, wherein the processor is operable to execute the instructions for operating the system, wherein the light source and scanning device are operated int eh underwater environment to project a visible target at the target location, wherein the light source, scanning device, and receiver are operated to determine a range to the target location relative to a location of the system, wherein the light source, the scanning device, and the receiver are operated to monitor a location of an object as the object is moved toward the target location, and wherein an indication of a distance between the object and the target location is output to an operator as the object is placed at the target location. (Autonomous operation – See at least ¶77; Project grid – See at least ¶28 ; Process image data including distance and range data – See at least ¶152-153; Tracking submersible movement as it operates – See at least ¶141; Output to operator, including a video feed which serves as a visual indication of distance between object and target location – See at least ¶104-105; Examiner notes memory is necessarily included in the disclosed invention in order for the invention to autonomously perform surveying.). As to claim 16, Boyle discloses determining a range to the target location includes operating the light source, the scanning device, and the receiver to obtain point cloud data that includes three-dimensional locations of points within an area of an underwater scene that includes the target location (3D imaging – See at least ¶39-40; Location metadata for images – See at least ¶87). As to claim 17, Boyle discloses emplacement equipment, wherein the emplacement equipment is operable to place an object at the target location (Autonomous navigation – See at least ¶3-5; Examiner notes the autonomous systems are equivalent to “emplacement equipment” because it places the submersible at the desired target location to perform surveying). As to claim 18, Boyle discloses the emplacement equipment includes at least one of a crane, an underwater vehicle, or a diver (Autonomous navigation – See at least ¶3-5; Examiner notes the autonomous systems are equivalent to “emplacement equipment” because it places the submersible at the desired target location to perform surveying). As to claim 19, Boyle discloses a video system, wherein the visible target is viewed by an operator through the video system (Video feed – See at least ¶105). As to claim 20, Boyle discloses an inertial navigation unit, wherein the inertial navigation unit provides information regarding a location of the system (Navigation includes inertial sensors – See at least ¶141). 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 Lail Kleinman whose telephone number is (571)272-6286. The examiner can normally be reached M-F 8:00-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached at (571)272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LAIL A KLEINMAN/Primary Examiner, Art Unit 3668
Read full office action

Prosecution Timeline

Nov 08, 2024
Application Filed
Oct 01, 2025
Non-Final Rejection mailed — §102
Dec 19, 2025
Response Filed
Apr 24, 2026
Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
87%
With Interview (+17.2%)
2y 10m (~1y 2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 440 resolved cases by this examiner. Grant probability derived from career allowance rate.

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