Ex Parte Kelley et al

Patent Trial and Appeal Board

Dec 9, 2014

11863417 (P.T.A.B. Dec. 9, 2014)

UNITED STATES PATENT AND TRADEMARK OFFICE
________________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
________________

Ex parte PATRICK KELLEY, MARK RAHMES,
STEPHEN CONNETTI, and HARLAN YATES1
________________

Appeal 2012-004645
Application 11/863,417
Technology Center 2100
________________

Before JASON V. MORGAN, CATHERINE SHIANG, and
MINN CHUNG, Administrative Patent Judges.

MORGAN, Administrative Patent Judge.

DECISION ON APPEAL
Introduction
This is an appeal under 35 U.S.C. § 134(a) from the Examiner’s Final
Rejection of claims 1–16. We have jurisdiction under 35 U.S.C. § 6(b).
We AFFIRM.
Invention
Appellants invented a geospatial modeling system that displays a
three-dimensional geospatial model data set and displays a building
boundary around a user-selected building area responsive to a user input
device. Spec. 28, Abstract of the Disclosure. The geospatial modeling

1 Harris Corporation is the real party in interest. App. Br. 1
Appeal 2012-004645
Application 11/863,417

2

system also determines a building height based upon a histogram of height
values, generates a building shape based upon the user-selected building area
and the determined building height, and replaces data within the user-
selected building area based upon the building shape. Id.
Exemplary Claim
Claim 1, reproduced below with key limitations emphasized, is
representative of the claims on appeal:
1. A geospatial modeling system comprising:
a geospatial model data storage device;
a user input device;
a display; and
a processor cooperating with said geospatial model data
storage device, said user input device and said display and
configured to
display a three-dimensional (3D) geospatial model
data set on said display,
display a building boundary around a user-selected
building area responsive to said user input device,
generate a histogram of height values within the
selected building area,
determine a building height based upon the
histogram of height values,
generate a building shape having an outline of the
user-selected building area and the determined building
height, and
replace data within the user-selected building area
based upon the building shape.
Appeal 2012-004645
Application 11/863,417

3

Rejections
The Examiner rejects claims 1–3 and 11–16 under 35 U.S.C. § 103(a)
as being unpatentable over Chen (US 7,133,551 B2; Nov. 7, 2006) and
U. Stilla and K. Jurkiewicz, Reconstruction of Building Models from Maps
and Laser Altimeter Data, Integrated Spatial Databases, Lectures Notes in
Computer Science, vol. 1737, pp. 34–36 (1999) (“Stilla”). Ans. 5–8.
The Examiner rejects claims 4–10 under 35 U.S.C. § 103(a) as being
unpatentable over Chen, Stilla, and Yi-Hsing Tseng and Sendo Wang,
Semiautomated Building Extraction Based on CSG Model-Image Fitting,
Programmatic Engineering & Remote Sensing, vol. 69, no. 2, pp. 171–80
(Feb. 2003) (“Tseng”). Ans. 8–15.
ISSUE
Did the Examiner err in finding the combination of Chen and Stilla
teaches or suggests a processor configured to: (1) “determine a building
height based upon the histogram of height values”; (2) “generate a building
shape having an outline of the user-selected building area and the
determined building height”; and (3) “replace data within the user-selected
building area based upon the building shape,” as recited in claim 1?
ANALYSIS
The Examiner finds Chen’s process of generating three-dimensional
building models within a manually drawn Area of Interest teaches or
suggests determining a building height, generating a building shape having
an outline of the user-selected building area and the determined building
height, and replacing data within the user-selected building area based upon
the building shape. Ans. 6, 16 (citing, e.g., Chen’s Figs. 11, 12d, 12e, and
Appeal 2012-004645
Application 11/863,417

4

12m, col. 6, ll. 3–4, col. 9, ll. 8–13, col. 10, ll. 4–11, and col. 13, ll. 51–55).
The Examiner relies on Stilla’s calculation of a covering plane height from a
histogram to teach or suggest the determination of a building height being
based upon a histogram of height values. Ans. 7 (citing, e.g., Stilla 39).
Appellants contend the Examiner erred because in Chen “there is no
specific teaching to replace data within the user-selected building area based
upon the building shape at all.” App. Br. 9. Appellants argue the Examiner
ignores “that the claims require more than some shaping resulting in a
building model. The claims set forth that data is replaced within the user-
selected building area based upon the generated building shape having an
outline of the user-selected building area and the determined building
height.” Reply Br. 2.
We disagree the Examiner erred. As the Examiner correctly notes,
“[t]he claims recite ‘replacing data within the user-selected building area
based upon the building shape’, they do not reflect ‘replacing data within the
user-selected building area . . . ’ with the generated building shape.” Ans.
16. The Examiner’s findings show Chen teaches or suggests generating a
building shape having an outline of a user-selected building area and a
determined building height as illustrated in Chen’s Figure 12e. Ans. 6, 16

Appeal 2012-004645
Application 11/863,417

5

Chen’s Figure 12e is reproduced below:

Chen’s Figure 12e shows working line-segments in a three-
dimensional view bounded by a box (i.e., a bounding box) illustrating a
rectangular Area of Interest and a determined height.
We agree with the Examiner the bounding box created in Chen
teaches or suggests generating a building shape having an outline of a user-
selected building area (i.e., an Area of Interest) and a determined building
height (i.e., the bounding box is three-dimensional, not merely rectangular).
See Ans. 16 (citing Chen’s Figs. 12d, 12e, and col. 9, ll. 8–13).
Appeal 2012-004645
Application 11/863,417

6

The Examiner’s findings also show Chen’s application of Split,
Merge, and Shape steps, which iteratively form roof patches from initial roof
primitives within the bounding box, teaches or suggests replacing data
within the user-selected building area based upon the building shape,
resulting in a final model as illustrated in Chen’s Figure 12m. Ans. 6, 16.
Chen’s Figure 12m is reproduced below.

Chen’s Figure 12m illustrates a generated three-dimensional building
model for the selected Area of Interest.
Appeal 2012-004645
Application 11/863,417

7

Chen’s generated three-dimensional building model replaces the roof
patches shown in Chen’s Figure 12e (and within the illustrated bounding
box) with wall and roof elements comparable to the bounding box in
aggregate dimensions, yet more detailed. We agree with the Examiner that
Chen’s process of updating or replacing such model data teaches or suggests
replacing data within a user-selected building area (e.g., within an Area of
Interest) based upon a building shape (e.g., a bounding box). Ans. 6, 16.
Appellants further argue the Examiner erred because although Stilla
“may refer to the use of elevation histograms, there is no teaching that a
building shape is generated having an outline of the user-selected building
area and the determined height which is based upon a building height
determined from such a histogram of height values within the selected
building area.” App. Br. 10–11; see also Reply Br. 2–3. However, we agree
with the Examiner that Appellants unpersuasively attack Stilla individually
rather than showing error in the Examiner’s reliance on the combined
teachings and suggestions of Chen and Stilla. Ans. 17.
In particular, the Examiner correctly relies on Chen to teach or
suggest determining a building height and generating a building shape
having an outline of a user-selected building area and a determined building
height. Ans. 6, 16. The Examiner merely relies on Stilla to teach or suggest
making the building height determination based on a histogram of height
values. Id. at 7, 17 (citing, e.g., Stilla 39 (“the height of the covering plan
can be calculated from the histogram”)).
For these reasons, we agree with the Examiner the combination of
Chen and Stilla teaches or suggests a processor configured to: (1)
Appeal 2012-004645
Application 11/863,417

8

“determine a building height based upon the histogram of height values”; (2)
“generate a building shape having an outline of the user-selected building
area and the determined building height”; and (3) “replace data within the
user-selected building area based upon the building shape,” as recited in
claim 1. Ans. 6–7.
Accordingly, we sustain the Examiner’s 35 U.S.C. § 103(a) rejection
of claim 1, and claims 2, 3, and 11–16, which Appellants do not argue
separately. App. Br. 11. Appellants merely argue Tseng does not cure the
alleged deficiencies of Chen and Stilla. Id. Therefore, for these same
reasons we also sustain the Examiner’s 35 U.S.C. § 103(a) rejection of claim
4, and claims 5–10, which Appellants do not argue separately.
DECISION
We affirm the Examiner’s decision rejecting claims 1–16.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 41.50(f).
AFFIRMED
llw