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 .
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.
Claim Objections
Claims 1-21 are objected to because of the following informalities:
-the acronym/term/symbol/variable “NDT” should be spelled out on its first appearance.
-the acronym/term/symbol/variable “AR” should be spelled out on its first appearance.
Appropriate correction is required. The examiner appreciates the assistance of the Applicant(s).
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.
Claims 13-15 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 pre-AIA the applicant regards as the invention.
Specifically, it is unclear to determine whether the limitations “a structure”, “a system”, “at least one camera”, and “a data acquisition device”, etc of claim 13 refers to the limitations “a structure”, “a system”, “at least one camera”, and “a data acquisition device”, etc of claim 1, or, if they are a new limitations. In addition, the examiner interprets said limitations as being the same.
Furthermore, claims 14-15 are also rejected because they further limit and depend on claim 13.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim(s)
Generic Placeholder or “means for”
Functional Language
Corresponding Structure
1
A computing “unit”
is configured to generate AR image data based on the image data and on NDT data and to provide the AR image data to the display unit
In one embodiment the computing unit may be “an augmented-reality device (AR device) 10, comprising one or more cameras 13, a computing unit 15 and a display unit 17. For instance, the AR device 10 may be configured as a wearable device (such as the AR goggles of FIG. 2a), as a tablet computer or similar apparatus.” or any equivalent, see Paragraph [0053].
1
A display “unit”
is configured to present, based on the AR image data, AR images in real time to a user of the system
In one embodiment the computing unit may be “a device having a display, e.g. to a laptop computer” or “such devices may include other wearables, projectors, or head-up displays”, or any equivalent, see Paragraph [0049] and [0052].
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
(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 1-6, 8, 10-11, and 13-21 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Werner et al (US 2022/0313216 A1, cited in IDS, heretofore referred to as Werner).
Regarding claim 1, Werner teaches a system (Werner; Fig 1, Element 102) for non-destructive testing of a structure (Werner; Par 0008, 0053, and 0055-0056; Werner teaches a target that may include vehicle components and more), the system comprising a data-acquisition device comprising at least one NDT sensor (Werner; Fig 1, Element 106) configured to detect features inside the structure by means of non-destructive testing and to generate feature data related to the detected features (Werner; Par 0056-0057; Werner teaches using an ultrasonic probe or eddy current sensor), the system comprising: an augmented-reality device (Werner; Fig 1, Element 120) comprising at least one camera (Werner; Fig 1, Element 122) and a display unit (Werner; Fig 1, Element 124), wherein the at least one camera is configured to capture images of a surrounding and to generate image data, the surrounding comprising at least one surface of the structure (Werner; Par 0059); a computing unit (Werner; Fig 1, Element 110) that is configured to generate AR image data based on the image data and on NDT data and to provide the AR image data to the display unit (Werner; Par 0060); and the display unit is configured to present, based on the AR image data, AR images in real time to a user of the system (Werner; Par 0062; Werner teaches the AR images are overlayed with the target and provided to the user), wherein the NDT data comprises the feature data, and/or instruction data comprising measuring instructions for the user for performing the non-destructive testing of the structure using the data-acquisition device (Werner; Par 0061-0062 and 0070; Werner teaches at least providing the data to the AR user and it may contain reference markers for the target).
Regarding claim 2, Werner teaches the system according to claim 1, wherein the augmented-reality device: is configured as a wearable, particularly as AR goggles, to be worn by the user system (Werner; Par 0059; Werner teaches using a headset); is configured as a handheld device (Werner; Par 0061; Werner teaches using a handheld device as the AR device), particularly as a tablet computer; is configured as a projector, particularly as a head-up display (Werner; Par 0051; Werner teaches using a projector); comprises the computing unit (Werner; Par 0059; Werner teaches using a headset with a controller); and/or comprises an inertial measuring unit and/or a gyroscope (Werner; Par 0079; Werner teaches using gyroscopes or accelerometers).
Regarding claim 3, Werner teaches the system according to claim 1, wherein: the at least one camera is configured to capture the images as an image stream (Werner; Par 0062; Werner teaches the AR captured by the camera on the AR headset), and the display unit is configured to present the AR images in real time as a live AR image stream (Werner; Par 0062; Werner teaches the AR images are overlayed with the target and provided to the user).
Regarding claim 4, Werner teaches the system according to claim 1, wherein: the NDT data comprises at least the feature data (Werner; Par 0058; Werner teaches the NDT data comprises measured features, such as defects etc); and at least a subset of the AR images shows the structure overlaid with representations of the detected features (Werner; Par 0062; Werner teaches the AR images are overlayed with the target and provided to the user), the data-acquisition device comprises a plurality of different NDT sensors, including at least a radar sensor, an inductive sensor and/or a capacitive sensor (Werner; Par 0056-0057; Werner teaches using an ultrasonic probe or eddy current sensor); and/or the representations of the detected features are presented in the AR images in a three-dimensional view (Werner; Par 0062; Werner teaches the AR images are overlayed with the target and provided to the user which would be a three-dimensional view).
Regarding claim 5, Werner teaches the system according to claim 4, wherein: the at least one NDT sensor is configured to determine properties of the features, the properties comprising at least a kind of the feature or a material of the feature, the feature data comprising information about the determined properties (Werner; Par 0058; Werner teaches the NDT data comprises measured features, such as defects etc); and the representations of the detected features are presented in the AR images together with the information about the determined properties (Werner; Par 0062; Werner teaches the AR images are overlayed with the target and provided to the user), wherein different kinds of features or different materials are highlighted or coloured differently, particularly wherein the highlighting or colouring of the different kinds of features and/or the different materials is user-selectable (Werner; Par 0070; Werner teaches reference markers than can be colored or otherwise made unique as desired by the user).
Regarding claim 6, Werner teaches the system according to claim 4, wherein: the data-acquisition device comprises a plurality of NDT sensors of different sensor types, the different sensor types comprising at least inductive sensors, radar sensors, and/or capacitive sensors, (Werner; Par 0052 and 0056-0057; Werner teaches using an ultrasonic probe and/or eddy current sensor) and the computing unit is configured to determine, based on feature data generated by NDT sensors of two or more different sensor types, object types of the features, the object types comprising one or more of water pipes, plastic pipes, copper pipes, live wires, and reinforcement bars (Werner; Par 0055; Werner teaches at least detecting pipes); and the representations of the detected features are presented in the AR images together with information about their object type, wherein different object types are highlighted or coloured differently (Werner; Par 0070; Werner teaches reference markers than can be colored or otherwise made unique as desired by the user).
Regarding claim 8, Werner teaches the system according to claim 1, wherein: the NDT data comprises at least the measuring instruction data (Werner; Par 0073-0075; Werner teaches controlling the NDT probe to make measurements); at least a subset of the AR images shows the structure overlaid with the measuring instructions (Werner; Fig 2, Element 206 and Par 0073-0075; Werner teaches a control panel overlaid to operate the probe); and the measuring instructions comprise visual instructions on how to move the data-acquisition device over the structure (Werner; Par 0076-0077; Werner teaches it can be programed to have specific distances from elements in the AR field for measurements).
Regarding claim 10, Werner teaches the system according to claim 8, wherein the computing unit is configured to identify the data-acquisition device in at least a subset of the images of the surrounding and to derive an actual position of the data-acquisition device relative to the structure (Werner; Par 0070; Werner teaches at least using a reference marker to determine position), particularly wherein the measuring instructions are updated in real time based on the actual position of the data-acquisition device (Werner; Par 0071; Werner teaches tracking the position with the AR googles).
Regarding claim 11, Werner teaches the system according to claim 10, wherein: the NDT data comprises at least the feature data (Werner; Par 0058; Werner teaches the NDT data comprises measured features, such as defects etc); and at least a subset of the AR images shows the structure overlaid with representations of the detected features (Werner; Par 0062; Werner teaches the AR images are overlayed with the target and provided to the user), wherein the AR images show representations of the detected features positioned relative to the structure based on the actual position of the data-acquisition device when detecting the respective features (Werner; Par 0071-0073; Werner teaches tracking the position with the AR googles and overlaying the target with the measurements).
Regarding claim 13, Werner teaches a computer-implemented method for non-destructive testing of a structure (Werner; Par 0008, 0053, and 0055-0056; Werner teaches a target that may include vehicle components and more), using a system according to claim 1, the method comprising, in real time: capturing, by at least one camera (Werner; Fig 1, Element 122), images of a surrounding comprising the structure (Werner; Par 0059); identifying the structure in at least a subset of the images (Werner; Par 0060); generating AR images comprising first AR content being integrated into the captured images (Werner; Par 0062; Werner teaches the AR images are overlayed with the target and provided to the user); and displaying the AR images to a user of a data acquisition device (Werner; Par 0056-0057; Werner teaches using an ultrasonic probe or eddy current sensor), wherein the first AR content comprises measuring instructions for performing the non-destructive testing of the structure (Werner; Par 0073-0075; Werner teaches controlling the NDT probe to make measurements), the measuring instructions being provided on the structure in the AR images (Werner; Par 0076-0077; Werner teaches it can be programed to have specific distances from elements in the AR field for measurements).
Regarding claim 14, Werner teaches the computer-implemented method according to claim 13, comprising, while the user performs the non-destructive testing of the structure using the data acquisition device (Werner; Par 0058): capturing, by the at least one camera, images of the surrounding comprising the structure and the data acquisition device (Werner; Par 0059); deriving an actual position of the data-acquisition device relative to the structure (Werner; Par 0070; Werner teaches at least using a reference marker to determine position); detecting, by the data acquisition device, features inside of the structure (Werner; Par 0058; Werner teaches the NDT data comprises measured features, such as defects etc); generating AR images comprising second AR content being integrated into the captured images (Werner; Par 0062; Werner teaches the AR images are overlayed with the target and provided to the user); and displaying the AR images to the user of the data acquisition device, wherein the second AR content comprises representations of the detected features (Werner; Par 0062), the representations of the detected features being provided in the AR images by overlaying them according to the derived actual position of the data-acquisition device relative to the structure while detecting the respective feature (Werner; Par 0062-0064; Werner teaches the AR images are overlayed with the target and provided to the user and the positioned are based on reference markers).
Regarding claim 15, Werner teaches a computer program product comprising program code having computer-executable instructions stored in a non-transitory machine-readable medium for performing, the method according to claim 13 (Werner; Par 0109; Werner teaches using a computer program).
Regarding claim 16, Werner teaches the system according to claim 10, wherein the computing unit is configured to perform a user-guidance process (Werner; Fig 2 and Par 0070-0077), in the course of which the measuring instructions are updated in real time based on the actual position of the data-acquisition device to guide the user of the data-acquisition device through the non-destructive testing of the structure (Werner; Par 0076-0077; Werner teaches it can be programed to have specific distances from elements in the AR field for measurements).
Regarding claim 17, Werner teaches the system according claim 16, wherein in the course of the user-guidance process the computing unit is configured for generating documentation data of steps of the non-destructive testing of the structure (Werner; Par 0073-0075; Werner teaches controlling the NDT probe to make measurements), the documentation data comprising at least one of image, video and audio data (Werner; Fig 2, Element 206 and Par 0073-0075; Werner teaches a control panel overlaid to operate the probe and capture NDT and video/images), wherein the computing unit is configured: to automatically capture the documentation data (Werner; Par 0069-0070; Werner teaches the system uses a training data set to capture the data); and/or to prompt the user to capture the documentation data, particularly by displaying a visual indicator on the display unit (Werner; Par 0076-0077; Werner teaches it can be programed to have specific distances from elements in the AR field for measurements to have the user make the NDT measurements).
Regarding claim 18, Werner teaches the system according to claim 1, wherein the computing unit is configured to detect a fiducial marker in at least a subset of the images of the surrounding and to extract computer-readable information from the fiducial marker (Werner; Par 0070; Werner teaches reference markers than can be colored or otherwise made unique as desired by the user), particularly wherein the fiducial marker: is provided on a surface of the structure, is an ArUco marker, and/or is an elongated element, particularly a ribbon band (Werner; Par 0070; Werner teaches the reference markers than can be “at least one unique feature (e.g., size, shape, color, pattern, barcode, etc.)”).
Regarding claim 19, Werner teaches the system according to claim 18, wherein the fiducial marker comprises information that allows identifying the structure (Werner; Par 0070; Werner teaches reference markers than can be colored or otherwise made unique as desired by the user), and the computing unit is configured to identify the structure based on the information of the fiducial marker, wherein the computing unit has access to a database providing a multitude of datasets with information about individual structures (Werner; Par 0070; Werner teaches reference markers can contain information that is looked up in a lookup table).
Regarding claim 20, Werner teaches the system according to claim 19, wherein: the NDT data comprises the feature data (Werner; Par 0070; Werner teaches reference markers than can be colored or otherwise made unique as desired by the user); the computing unit has access to a database providing past NDT data of a previously performed non-destructive testing of the individual structure (Werner; Par 0070; Werner teaches reference markers can contain information that is looked up in a lookup table); and the computing unit is configured, upon identifying the structure, to generate the AR image data based on the image data and on the past NDT data (Werner; Par 0070; Werner teaches reference markers can contain information that is looked up in a lookup table).
Regarding claim 21, Werner teaches the system according to claim 18, wherein the fiducial marker comprises information that allows aligning the NDT data relative to the image data (Werner; Par 0070; Werner teaches reference markers than can be colored or otherwise made unique as desired by the user), and the computing unit is configured to generate the AR image data based on the information of the fiducial marker (Werner; Par 0070; Werner teaches the reference markers than can be “at least one unique feature (e.g., size, shape, color, pattern, barcode, etc.)”), particularly wherein the computing unit is configured to generate, based on the information of the fiducial marker, the AR image data by mooring coordinates of the NDT data to a three-dimensional location, orientation and scale of the surface of the structure (Werner; Par 0070; Werner teaches reference markers can contain information that is looked up in a lookup table and that contains the information of the target).
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.
Claims 7, 9, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Werner in view of Schuster (US 2018/0336732 A1, heretofore referred to as Schuster).
Regarding claim 7, Werner teaches the system according to claim 4, wherein the computing unit is configured to generate further information based at least on the feature data (Werner; Par 0070; Werner teaches reference markers than can be colored or otherwise made unique as desired by the user).
Werner is silent on at least a subset of the AR images shows the structure overlaid with the further information, the further information comprising at least: areas that are safe to drill into; areas that are unsafe to drill into; and/or locations that should be inspected further.
Schuster teaches on at least a subset of the AR images shows the structure overlaid with the further information (Schuster; Fig 6, Par 0076, and 0100; Schuster teaches overlaying information on appropriate drilling areas and directions), the further information comprising at least: areas that are safe to drill into; areas that are unsafe to drill into; and/or locations that should be inspected further (Schuster; Fig 6, Par 0076, and 0100; Schuster teaches overlaying information on appropriate drilling areas and directions).
Before the effective filing date of the invention it should be obvious o a person of ordinary skill in the art to use the apparatus of Werner with the overlay drilling locations of Schuster in order to better allow for a wider range of tasks (Schuster; Par 0006 and 0024).
Regarding claim 9, Werner teaches the system according to claim 8.
Werner is silent on wherein the measuring instructions comprise a grid, the grid providing a pattern for moving the data-acquisition device over the structure, particularly wherein a size and shape of the grid: are user-selectable; and/or are automatically selected depending on a detected size and shape of the structure or of a scanning area on the structure.
Schuster teaches wherein the measuring instructions comprise a grid, the grid providing a pattern for moving the data-acquisition device over the structure (Schuster; Par 0114; Schuster teaches overlaying an automatic grid or level line to help ensure proper spacing), particularly wherein a size and shape of the grid: are user-selectable (Schuster; Par 0114; Schuster teaches selecting an automatic grid or level line); and/or are automatically selected depending on a detected size and shape of the structure or of a scanning area on the structure (Schuster; Par 0114; Schuster teaches overlaying an automatic grid or level line to help ensure proper spacing).
Before the effective filing date of the invention it should be obvious o a person of ordinary skill in the art to use the apparatus of Werner with the overlay drilling locations of Schuster in order to better assure proper spacing for different arrangements (Schuster; Par 0114).
Regarding claim 12, Werner teaches the system according to claim 1.
Werner is silent on wherein: the structure is a wall, a ceiling or a floor, and the features comprise at least one of reinforcement bars, conduits and utilities; or the structure is a bridge, a viaduct, a pillar, a dam, or a tower, and the features comprise at least one of reinforcement bars and post-tensioning cables, wherein the features comprise non-homogenous compositions of a material of the structure, particularly a hole, a fault or a defect in the material or an absence of the material inside the structure.
Schuster teaches wherein: the structure is a wall, a ceiling or a floor, and the features comprise at least one of reinforcement bars, conduits and utilities; or the structure is a bridge, a viaduct, a pillar, a dam, or a tower (Schuster; Fig 6, Par 0076, and 0100; Schuster teaches at least a wall), and the features comprise at least one of reinforcement bars and post-tensioning cables (Schuster; Fig 6, Par 0076, and 0100; Schuster teaches at least reinforcement bars such as studs), wherein the features comprise non-homogenous compositions of a material of the structure, particularly a hole, a fault or a defect in the material or an absence of the material inside the structure, the further information comprising at least: areas that are safe to drill into; areas that are unsafe to drill into; and/or locations that should be inspected further (Schuster; Fig 6, Par 0076, and 0100; Schuster teaches overlaying information on appropriate drilling areas and directions).
Before the effective filing date of the invention it should be obvious o a person of ordinary skill in the art to use the apparatus of Werner with the overlay drilling locations of Schuster in order to better allow for a wider range of tasks (Schuster; Par 0006 and 0024).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Josephsen et al teaches an AR system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM S CLARKE whose telephone number is (571)270-3792. The examiner can normally be reached M-F 8am-4pm.
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, Judy Nguyen can be reached at (571)272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM S CLARKE/Examiner, Art Unit 2858
/STEVEN L YENINAS/Primary Examiner, Art Unit 2858
