DETAILED ACTION
Status of Claims
Claims 1, 7, and 15 have been amended.
Claims 13 and 14 have been withdrawn as being directed to a non-elected invention.
Claims 1-12 and 15-17 have been examined.
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 amendments and associated arguments, filed 1/21/25, with respect to the objection to the drawings have been fully considered but are not persuasive. The amendment to the specification includes numbering not present in any of the previously presented drawings and no additional drawings have been received in conjunction with the submitted amendment to the specification. The amendments to the specification have not been approved for entry.
Applicant’s amendments and associated arguments, filed 1/21/25, with respect to the rejection of claim 15 under 35 U.S.C. §101 have been considered and are persuasive. The rejection has been withdrawn.
Applicant’s amendments and associated arguments, filed 1/21/25, with respect to the rejection of the under 35 U.S.C. §103(a) have been considered but are moot because the arguments do not apply to all of the references being used in the current rejection.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference numbers have been used to designate different elements in Fig. 1 and 4. For example, in Figure 4, the element 400 appears to designate both the vehicle and an area where a cashier is located. Also, in figure 4, an arrow points to an element with no element number, which introduces ambiguity into the drawing. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 7-9, 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Weston et al. (US 20230041498) in view of Shambik et al. (US 20230175852).
Regarding claim 1, 7 and 15, Weston is directed to a driver assistance system and method for deployment in a drive-through lane. Weston discloses:
A method for automatically driving a vehicle for a drive-through (Weston FIG 1/2/3), the method comprising:
measuring a location of the vehicle with respect to physical features by a sensor mounted on the vehicle;
Weston [0014] The vehicle 125 may be any of various types of vehicles such as, for example, a sedan, a sports utility vehicle, a truck, a van, a driver-operated vehicle, a semi-autonomous vehicle, or an autonomous vehicle. In the illustrated example, the vehicle 125 is operated by a driver 120. In another example, the vehicle 125 is an autonomous vehicle. The vehicle 125 can include components such as, for example, a vehicle computer 145, an infotainment system 135, the driver assistance system 150, and various sensors and detection devices that are included in a sensor system provided in the vehicle 125.
Weston [0022] The vehicle 125 may include various sensors and detection devices that are communicatively coupled to the driver assistance system 150 and/or the vehicle computer 145. A few examples of such sensors and detection devices can include a camera, an ultrasonic sensor, a radar sensor, a global positioning system (GPS) device, and a vehicle speed sensor.
Weston [0023] The driver assistance system 150 may evaluate the images captured by the various cameras for various purposes such as, for example, to identify a landmark in an establishment having a drive-through lane, to identify a location of a drive-through lane with respect to one or more objects that may be present in the vicinity of the drive-through lane, and/or to identify lines painted on the ground inside or outside a drive-through lane.
detecting, by the sensor, nearby vehicles and [objects] around the vehicle;
Weston [0023] The driver assistance system 150 may evaluate the images captured by the various cameras for various purposes such as, for example, to identify a landmark in an establishment having a drive-through lane, to identify a location of a drive-through lane with respect to one or more objects that may be present in the vicinity of the drive-through lane, and/or to identify lines painted on the ground inside or outside a drive-through lane.
Weston [0037] The minimum separation gap 210 may be maintained by the driver assistance system 150 based on signals received from one or more sensors
Weston [0042] FIG 3 The driver assistance system 150 may, for example, evaluate an image captured by a camera mounted on the vehicle 125 and detect the presence, as well as the location, of the vehicle 310 in the lane 320. In an example procedure, the driver assistance system 150 may stop the vehicle 125 (and/or place the vehicle 125 in reverse if necessary), so as to allow the vehicle 310 to merge into the drive-through lane 240 ahead of the vehicle 125. The vehicle 125 may then follow the vehicle 310 in an autonomous stop-and-go mode of movement towards the ordering station 215.
controlling driving of the vehicle based on information related to the location of the vehicle, the nearby vehicles, and the [objects]; and automating the driving of the vehicle along the drive-through to interact with an establishment.
Weston Fig. 2/3 [0034] In an example procedure, the driver assistance system 150 may autonomously move the vehicle 125 through the drive-through lane based on evaluating images captured by one or more cameras. The images may be evaluated for identifying objects such as, for example, a painted median line 241, a welcome sign 205, the ordering station 215, and the menu board 220. The location of the objects and the characteristics of the objects (direction arrows, for example) may be used by the driver assistance system 150 as landmarks for locating and entering the drive-through lane 240. Such landmarks may be used together with images of painted lane markings such as the painted median line 241 and images of vehicles such as the vehicle 225 to ensure that the vehicle 125 stays within a lane boundary of the drive-through lane 240 and follows bends and turns of the drive-through lane 240 (such as, for example, the left turn prior to moving to the payment window 236). The painted median line 241 may be used by the driver assistance system 150 for lane centering operations so as to ensure that the vehicle 125 stays in the center of the drive-through lane 240, follows the bends, turns, and curves of the drive-through lane 240, and avoids colliding with objects outside the drive-through lane 240. The lane centering operation may be carried out by using the painted median line 241 without the need for additional lane boundary markings such as may be present in a multi-lane highway.
Weston [0035] In another example procedure, the driver assistance system 150 may autonomously move the vehicle 125 through the drive-through lane based on information received from one or more of computers such as, for example, a computer 238 located in the establishment, the server computer 115, and the cloud computer 155. The information (maps, images, GPS coordinates, etc.) may be used by the driver assistance system 150 to identify, enter, and/or travel through the drive-through lane 240.
While Weston discloses the detection of objects located in the vicinity of the drive-through (see objects), it does not specifically recite the detection of pedestrians. Shambik discloses systems and methods for vehicle navigation.
Shambik more explicitly discloses
detecting, by the sensor, … pedestrians around the vehicle; and controlling driving of the vehicle based on information related to … the pedestrians;
Shambik [0125] In a three camera system, a first processing device may receive images from both the main camera and the narrow field of view camera, and perform vision processing of the narrow FOV camera to, for example, detect other vehicles, pedestrians, lane marks, traffic signs, traffic lights, and other road objects.
Shambik [0133]. As described in connection with FIGS. 5A-5D below, monocular image analysis module 402 may include instructions for detecting a set of features within the set of images, such as lane markings, vehicles, pedestrians, road signs, highway exit ramps, traffic lights, hazardous objects, and any other feature associated with an environment of a vehicle. Based on the analysis, system 100 (e.g., via processing unit 110) may cause one or more navigational responses in vehicle 200, such as a turn, a lane shift, a change in acceleration, and the like, as discussed below in connection with navigational response module 408.
One of ordinary skill in the art at the time of filing would have recognized that applying the expanded forms of object recognition of Shambik to the object recognition of Weston would result in an improved system that would allow for improvement safety and performance of the vehicle navigation system.
In regards to claim 7 and 15, Weston further discloses the vehicle, a sensor mounted to the vehicle, a processor and a non-transitory computer-readable medium. See Fig. 1-4, [0076]-[0078].
Regarding claims 2 and 8, the combination of Weston and Shambik discloses the method of claims 1 and 7, and further discloses: wherein the physical features include lane markings and sign information for the vehicle.
Weston [0025] After entering the establishment, the driver assistance system 150 may automatically locate a drive-through lane. The drive-through lane may be detected in any of various ways such as, for example, by using GPS coordinates obtained from a database of the driver assistance system 150, or by detecting an infrastructure object and using a positional relationship between the infrastructure object and the drive-through lane…
Weston Fig. 2 [0034] In an example procedure, the driver assistance system 150 may autonomously move the vehicle 125 through the drive-through lane based on evaluating images captured by one or more cameras. The images may be evaluated for identifying objects such as, for example, a painted median line 241, a welcome sign 205, the ordering station 215, and the menu board 220. The location of the objects and the characteristics of the objects (direction arrows, for example) may be used by the driver assistance system 150 as landmarks for locating and entering the drive-through lane 240. Such landmarks may be used together with images of painted lane markings such as the painted median line 241 and images of vehicles such as the vehicle 225 to ensure that the vehicle 125 stays within a lane boundary of the drive-through lane 240 and follows bends and turns of the drive-through lane 240 (such as, for example, the left turn prior to moving to the payment window 236). The painted median line 241 may be used by the driver assistance system 150 for lane centering operations so as to ensure that the vehicle 125 stays in the center of the drive-through lane 240, follows the bends, turns, and curves of the drive-through lane 240, and avoids colliding with objects outside the drive-through lane 240. The lane centering operation may be carried out by using the painted median line 241 without the need for additional lane boundary markings such as may be present in a multi-lane highway.
Regarding claim 3 and 9, the combination of Weston and Shambik discloses the method of claims 1 and 7, and further discloses: moving or stopping the vehicle.
Weston, abstract: The vehicle autonomously then moves through the drive-through lane in a stop-and-go mode of movement at a controlled speed while executing lane-centering and collision avoidance.
Weston [0028]The driver assistance system 150 may then execute actions such as the ones described above (identifying an entry point to the drive-through lane, initiating a stop-and-go mode of movement of the vehicle 125 through the drive-through lane, setting a speed limit of travel of the vehicle 125 through the drive-through lane, avoiding colliding with other vehicles that may be present in the drive-through lane, etc.).
Regarding claim 16, the combination of Weston and Shambik discloses the method of claim 1, and further discloses: wherein the automating of the driving of the vehicle along the drive-through includes stopping the vehicle at a target location to interact with the establishment.
Weston Fig. 2/3 [0040] An example signal received from the computer 238 may indicate to the driver assistance system 150 that order entry has been completed at the ordering station 215 and the vehicle 125 can now move to the payment window 236. Another example signal received from an ATM device at the payment window may indicate to the driver assistance system 150 that payment has been completed and the vehicle 125 can move to the pickup window 237.
Regarding claim 17, the combination of Weston and Shambik discloses the method of claim 16, and further discloses: wherein the automating of the driving of the vehicle along the drive-through includes allowing a driver to transact with the establishment without getting out of vehicle.
Weston Fig 2/3 [0040] An example signal received from the computer 238 may indicate to the driver assistance system 150 that order entry has been completed at the ordering station 215 and the vehicle 125 can now move to the payment window 236. Another example signal received from an ATM device at the payment window may indicate to the driver assistance system 150 that payment has been completed and the vehicle 125 can move to the pickup window 237.
Claims 4-5, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Weston et al. (US 20230041498) in view of Shambik et al. (US 20230175852) and further in view of Juel et al. (US 20220234627)
Regarding claims 4 and 10, the combination of Weston and Shambik discloses the method of claims 1 and 7, and further discloses: receiving a map for the vehicle, wherein the map includes location information for the vehicle …, and wherein the vehicle is controlled based on the map.
Weston [0035] In another example procedure, the driver assistance system 150 may autonomously move the vehicle 125 through the drive-through lane based on information received from one or more of computers such as, for example, a computer 238 located in the establishment, the server computer 115, and the cloud computer 155. The information (maps, images, GPS coordinates, etc.) may be used by the driver assistance system 150 to identify, enter, and/or travel through the drive-through lane 240.
While Weston discloses the utilization of information received from the establishment, including maps, which strongly suggests that the map includes information related to the place for the drive-through. Juel is directed to systems and method for the creation of custom behavior zones for autonomous vehicles.
Juel more explicitly discloses wherein the map includes location information for the vehicle and information related to a place for the drive-through,
Juel [0026] The autonomous vehicle 110 includes an onboard computer 104, which functions to control the autonomous vehicle 110. … Based upon the vehicle state and programmed instructions, including behavior zone instructions, the onboard computer 104 controls and/or modifies driving behavior of the autonomous vehicle 110.
Juel [0038] – [0043] FIG. 3 shows a map 300 of a property 302 for defining a behavior zone, according to some embodiments of the disclosure. Features include entry, route sections, ordering booth, pickup window, exit, etc.
Juel [0041] According to various implementations, the behavior zone portal links to a pre-defined autonomous vehicle behavior for an ordering booth, including stopping the vehicle at the ordering booth 308 to allow a passenger to place an order. Similarly, the behavior zone portal links to a pre-defined autonomous vehicle behavior for a pick-up window, including stopping the vehicle at the pick-up window 310 to allow a passenger to pick up an order.
Juel [0054] Each of the autonomous vehicles 510a, 510b, 510c in the fleet are equipped to drive into behavior zones, such as zones on private property, as described above with respect to FIGS. 2, 3, 4, and 6. The vehicles 510a, 510b, 510c communicate with a central computer 502 via a cloud 504.
One of ordinary skill in the art at the time of filing would have recognized that applying the map containing behavior zones of Juel to the map utilized in the navigation of the autonomous vehicle in the system of Weston and Shambik would result in an improved system that would allow for improvement safety and performance of an autonomous vehicle navigating through a drive-through.
Regarding claims 5 and 11, the combination of Weston and Shambik discloses the method of claims 4 and 10. Weston, as shown above, discloses the utilization of a map for navigation, which strongly suggests that receipt of a map before arriving at the drive-through. This limitation is more explicitly disclosed by Juel.
Juel more explicitly discloses: wherein the map is received before the vehicle arrives at the place for the drive-through.
Juel [0054] When a ride request is received from a passenger, the routing coordinator selects an autonomous vehicle 510a-510c to fulfill the ride request, and generates a route for the autonomous vehicle 510a-510c. The generated route includes a route from the autonomous vehicle's present location to the pick-up location, and a route from the pick-up location to the final destination. Each of the autonomous vehicles 510a, 510b, 510c in the fleet are equipped to drive into behavior zones, such as zones on private property, as described above with respect to FIGS. 2, 3, 4, and 6. The vehicles 510a, 510b, 510c communicate with a central computer 502 via a cloud 504.
Juel [0063] FIG. 6 shows a method 600 for providing autonomous vehicle rides to private property including behavior zones, according to some embodiments of the disclosure. At step 602, a requested destination location is received from a passenger, and the destination location includes a behavior zone.
Juel [0064] At step 604, one or more behavior zone options are presented to the passenger. …In some examples, the requested destination location is a service provider that includes a drive-through option, and the passenger is presented with the option to proceed through the drive-through. In another example, a passenger is presented with three options: being dropped off on the street, a first behavior zone drop-off near a wheelchair ramp by the front door, and a second behavior zone curbside pick-up location.
Juel [0066] In some examples, at step 606, the passenger selects the behavior zone option, and the behavior zone is a drive-through for a service provider, or a curbside pickup location. In various examples, if the passenger selects a drive-through option or a curbside-pickup option, the passenger is prompted to add a further destination for passenger drop-off.
Juel [0068] After step 610, … autonomous vehicle is directed to drive into a behavior zone
One of ordinary skill in the art at the time of filing would have recognized that applying the receipt of the map containing behavior zones of Juel to the navigation implementation of the autonomous vehicle in the system of Weston and Shambik would result in an improved system that would allow for improvement safety and performance of an autonomous vehicle by providing behavior-based navigation instructions before the vehicle navigates through a drive-through.
Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Weston (US 20230041498) in view of Shambik et al. (US 20230275852), in view of Juel et al. (US 20220234627) and further in view of Shi et al. (US 20200073404).
Regarding claims 6 and 12, the combination of Weston, Shambik and Juel discloses the method of claims 4 and 11. Juel further discloses: wherein the map is downloaded from a server based on a communication network when the vehicle is close to the place for the drive-through (i.e., when the route is requested), wherein the map is generated based on data collected in … driving the vehicle for the drive-through (i.e., feedback data, from sensors and customers, driving through behavior zones), wherein the map is transmitted to the nearby vehicles for the drive-through (i.e., other vehicles on the route), and wherein the map is updated … and transmitted to the nearby vehicles (i.e., real-time updates based on collected information).
Juel [0055] Information gathered by various autonomous vehicles 510a-510c in the fleet can be saved and used to generate information for future routing determinations, including updating behavior zone routing by more specifically identifying various parameters. For example, sensor data can be used to generate route determination parameters, including routes within a behavior zone. In general, the information collected from the vehicles in the fleet can be used for route generation or to modify existing routes. In some examples, the routing coordinator collects and processes position data from multiple autonomous vehicles in real-time to avoid traffic and generate a fastest-time route for each autonomous vehicle. In some implementations, the routing coordinator uses collected position data to generate a best route for an autonomous vehicle in view of one or more travelling preferences and/or routing goals.
Juel [0056] Generally, a routing goal refers to, but is not limited to, one or more desired attributes of a routing plan indicated by at least one of an administrator of a routing server and a user of the autonomous vehicle.
Juel FIG 8 [0083] In various implementations, the routing coordinator is a remote server or a distributed computing system connected to the autonomous vehicles via an internet connection; Examiner note: the limitation “close to”, when broadly interpreted, can any distance from the drive-through on a route requested by a customer
Juel [0024] When the autonomous vehicle 110 drives onto private property and into a user-specified location-based behavior zone, the sensor suite 102 can record and update a map with information about the zone. In this way, sensor suite 102 data from many autonomous vehicles can continually provide feedback to the mapping system and the high fidelity map can be updated as more and more information is gathered.;
Jule [0068] After step 610, when an autonomous vehicle is directed to drive into a behavior zone, the passenger may be prompted to provide feedback on autonomous vehicle driving behavior in the behavior zone. For example, the passenger may be prompted regarding passenger satisfaction with the drop-off location, passenger satisfaction with stops for a drive-through, and/or passenger satisfaction with vehicle driving behavior on the driveways or private roads within the behavior zone.
See claim 4 for rationale to combine.
Juel discloses manual creation of map data, but does not recite map development while the vehicle is being driven manually or that the development occurs in the vehicle. Shi is directed to a method and apparatus for upgrading a map of a self-driving vehicle. Shi more explicitly discloses: wherein the map is generated based on data collected in manually driving the vehicle and wherein the map is updated in the vehicle and transmitted to nearby vehicles.
Shi [0032] –[0037] disclosing downloading the latest version of maps needed for routes and if unable to acquire, switching to manual mode.
Shi [0041]-[0049] disclosing collection of data in creation of said map while driving in manual mode
Shi [0052]-[0056] disclosing updated maps are provided to other self-driving vehicles driving to or in this place/area.
Shi [0044] When the current driving mode is the automatic driving mode, the driver is prompted to switch to the manual driving mode. Then, the point cloud data and the image data are collected using the radar and the camera of the self-driving vehicle.
Shi [0052] It is understood that, the server grades the map data reported by the self-driving vehicle by combining with the navigation map corresponding to the road information. If a score is greater than a preset threshold, the server stores the map data and upgrades the version number in the map data. Therefore, the high-precision map may be downloaded from the server while other self-driving vehicles driving to this place or area.
Shi [0055] Further, the stored high-precision map is obtained according to the road information and transmitted to the other self-driving vehicles. Thus, the high-precision map may be obtained from the server while the other self-driving vehicles driving to this place or area.
Shi [0056] With the method for upgrading the map of the self-driving vehicle, after switching from the automatic driving mode to the manual driving mode, the point cloud data and the image data are collected using the radar and the camera of the self-driving vehicle; the map data are generated according to the point cloud data and the image data, and the map data are transmitted to the server.
One of ordinary skill in the art would have recognized that applying manual intervention when mapping in unavailable or insufficient to support autonomous driving, and associated sharing of said updates to other vehicles on common routes, as disclosed by SHI, to the autonomous driving system of Weston (which facilitates manual intervention when needed) and Juel (which allows for manual updates to mapping data) would have yielded predictable results and resulted in an improved system for expanding the availability of areas that are safe for autonomous control (Shi [0056]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
PUTNEY et al. (US 20240274015, hereinafter PUTNEY) discloses transmission of a navigation data between closely positioned vehicles.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ABBY J FLYNN whose telephone number is (571)272-9855. The examiner can normally be reached Monday - Friday 8:30-5:00.
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/ABBY J FLYNN/ Patent Examiner, Art Unit 3663
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