Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/22/2025 has been entered.
DETAILED ACTION
This action is in response to the RCE filed on 11/22/2025.
Claims 1 and 7-9 are examined.
Claims 1 and 7 have been amended.
Claim 8-9 are new.
Claims 4-6 were previously canceled.
Response to Arguments
Applicant's remarks filed 06/23/2025 have been fully considered but they are not fully persuasive and/or moot because the arguments do not apply to any of the references being used in the current rejection.
112 Rejection
This rejection is withdrawn.
103 Rejection
The rejections are withdrawn however are reevaluated in light of the amendments.
Examiner's Note
Examiner has cited particular paragraphs / columns and line numbers or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicants' definition which is not specifically set forth in the claims.
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 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.
Claim(s) 1-3, 7 and 9 are rejected under 35 U.S.C. 103 as obvious over US 20220221284 (“Chikamori”) in further view of US 20130325326 (“Blumenberg”).
As per claim 1 Chikamori discloses a vehicle comprising [¶ 1 a vehicle system] :
a data storage configured to store data including [Fig. 2 map providing process]:
(1) navigation map; and [¶ 4 the present invention is to provide a vehicle system which can select regions in which the vehicle will be likely to travel and output the corresponding map information to the autonomous driving control unit, Fig. 2, Fig. 3];
(2) priority levels, associated with respective route sections of the navigation map [¶ 5 vehicle system (1) comprising: a map processing unit (33) that creates local map data based on high accuracy map data and a position of an own vehicle by extracting data of regions near the own vehicle from the high accuracy map data; an autonomous driving control unit (32) that receives the local map data from the map processing unit, creates a travel plan for autonomous traveling of the own vehicle based on the local map data, and controls traveling of the own vehicle according to the travel plan, Fig. 3 transmission order decision process, Fig. 2.S4 transmission order decision process], each indicating a priority for downloading data of a high-precision map corresponding to that route section, the priority levels including at least a first priority level assigned to route sections predicted to have reliable communication, and a second priority level assigned to route sections predicted to have unreliable communication [¶ 5 wherein the map processing unit creates multiple pieces of transmission data by dividing the created local map data so as to correspond to regions on a map, selects, from the multiple pieces of transmission data, pieces of transmission data corresponding to regions having a distance from the own vehicle less than or equal to a prescribed distance and including the route to the destination as first transmission data, and transmits the first transmission data to the autonomous driving control unit with a higher priority than other pieces of transmission data (priority set by closest distance first, this is understood as more “reliable” as the information is from closer proxemics to the self-vehicle, where the less reliable/“unreliable” communication would be understood from areas further away from the self-vehicle, which has secondary priority), Fig. 2.S4 transmission order decision process, see additionally 112 rejection]; and
a positioning sensor configured to acquire position information of the vehicle [¶ 5 vehicle system (1) comprising: a map processing unit (33) that creates local map data based on high accuracy map data and a position of an own vehicle, ¶ 34 the navigation device… identifies the current position];
at least one processor coupled to at least one memory storing instructions for the at least
one processor, the at least one processor being configured to [Fig. 1 a vehicle system]:
accept information comprising destination information from a user of the vehicle [¶ 5 wherein the map processing unit creates multiple pieces… to the destination, ¶ 34 navigation system, Fig. 1];
calculate a route to a destination based on the destination information and the position information of the vehicle, using the navigation map [¶ 5 wherein the map processing unit creates multiple pieces… to the destination ¶ 34 navigation system, Fig. 1];
download the high-precision map and store the downloaded high-precision map in the data storage [¶5 map processing unit.. based on high accuracy map data, ¶ 10 the map processing unit creates the transmission data for the regions including the branch route and transmits the transmission data to the autonomous driving control unit preferentially next to the transmission data for the regions including the route to the destination];
control downloading of the high-precision map such that data of the high-precision map for a first section of the calculated route, to which the second priority level is assigned, is downloaded with higher priority than data of the high-precision map for a second section of the calculated route, to which a different priority level is assigned [¶ 76 Subsequently, the map providing unit 58 identifies a single piece of transmission data having the highest priority order from the pieces of transmission data (S6). The transmission order is determined based on the priority orders which are high in the order of the first transmission data, the second transmission data, the third transmission data, and the other data, Fig. 3]; and
perform driving assistance control or automatic driving control to control, using the
downloaded high-precision map, the vehicle to travel along the calculated route [¶ 4 output the corresponding map information to the autonomous driving control unit].
Chikamori is silent to a first priority stored as sections where a communication issue is unlikely to occur, a second priority level that are stored as sections where communication hinderance is predicted, downloading information from a secondary priority level assigned over the first priority level assigned.
Blumenberg discloses a first priority stored as sections where a communication issue is unlikely to occur, a second priority level that are stored as sections where communication hinderance is predicted [abstract: receiving multiple portions of the map; the order may be generated based on distinct levels of expected signal strength], downloading information from a secondary priority level assigned over the first priority level assigned [abstract: For instance, within the order of priority, map portions associated with areas of low signal strength may be ranked higher than areas of higher signal strength].
It would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made to modify Chikamori with the teachings of Blumenberg to use different priority sources of communication strength as download parameters with a vehicle mapping and routing system for more reliable data gathering for the vehicle control system by utilizing information based on known areas of weak and strong data signals.
As per claim 7 Chikamori discloses a vehicle comprising [¶ 1 a vehicle system] :
a data storage configured to store data including [Fig. 2 map providing process]:
(1) navigation map; and [¶ 4 the present invention is to provide a vehicle system which can select regions in which the vehicle will be likely to travel and output the corresponding map information to the autonomous driving control unit, Fig. 2, Fig. 3];
(2) priority levels, associated with respective route sections of the navigation map [¶ 5 vehicle system (1) comprising: a map processing unit (33) that creates local map data based on high accuracy map data and a position of an own vehicle by extracting data of regions near the own vehicle from the high accuracy map data; an autonomous driving control unit (32) that receives the local map data from the map processing unit, creates a travel plan for autonomous traveling of the own vehicle based on the local map data, and controls traveling of the own vehicle according to the travel plan, Fig. 3 transmission order decision process, Fig. 2.S4 transmission order decision process], each indicating a priority for downloading data of a high-precision map corresponding to that route section, the priority levels including at least a first priority level assigned to route sections predicted to have reliable communication, and a second priority level assigned to route sections predicted to have unreliable communication [¶ 5 wherein the map processing unit creates multiple pieces of transmission data by dividing the created local map data so as to correspond to regions on a map, selects, from the multiple pieces of transmission data, pieces of transmission data corresponding to regions having a distance from the own vehicle less than or equal to a prescribed distance and including the route to the destination as first transmission data, and transmits the first transmission data to the autonomous driving control unit with a higher priority than other pieces of transmission data (priority set by closest distance first, this is understood as more “reliable” as the information is from closer proxemics to the self-vehicle, where the less reliable/“unreliable” communication would be understood from areas further away from the self-vehicle, which has secondary priority), Fig. 2.S4 transmission order decision process, see additionally 112 rejection]; and
a position sensor configured to acquire position information of the vehicle [¶ 5 vehicle system (1) comprising: a map processing unit (33) that creates local map data based on high accuracy map data and a position of an own vehicle, ¶ 34 the navigation device… identifies the current position];
circuitry configured to [Fig. 1 a vehicle system]:
accept information comprising destination information from a user of the vehicle [¶ 5 wherein the map processing unit creates multiple pieces… to the destination, ¶ 34 navigation system, Fig. 1];
calculate a route to a destination based on the destination information and the position information of the vehicle, using the navigation map [¶ 5 wherein the map processing unit creates multiple pieces… to the destination ¶ 34 navigation system, Fig. 1];
download the high-precision map and store the downloaded high-precision map in the data storage [¶5 map processing unit.. based on high accuracy map data, ¶ 10 the map processing unit creates the transmission data for the regions including the branch route and transmits the transmission data to the autonomous driving control unit preferentially next to the transmission data for the regions including the route to the destination];
control downloading of the high-precision map such that data of the high-precision map for a first section of the calculated route, to which the second priority level is assigned, is downloaded with higher priority than data of the high-precision map for a second section of the calculated route, to which a different priority level is assigned [¶ 76 Subsequently, the map providing unit 58 identifies a single piece of transmission data having the highest priority order from the pieces of transmission data (S6). The transmission order is determined based on the priority orders
which are high in the order of the first transmission data, the second transmission data, the third transmission data, and the other data, Fig. 3]; and
perform driving assistance control or automatic driving control to control, using the
downloaded high-precision map, the vehicle to travel along the calculated route [¶ 4 output the corresponding map information to the autonomous driving control unit].
Chikamori is silent to a first priority stored as sections where a communication issue is unlikely to occur, a second priority level that are stored as sections where communication hinderance is predicted, downloading information from a secondary priority level assigned over the first priority level assigned.
Blumenberg discloses a first priority stored as sections where a communication issue is unlikely to occur, a second priority level that are stored as sections where communication hinderance is predicted [abstract: receiving multiple portions of the map; the order may be generated based on distinct levels of expected signal strength], downloading information from a secondary priority level assigned over the first priority level assigned [abstract: For instance, within the order of priority, map portions associated with areas of low signal strength may be ranked higher than areas of higher signal strength].
It would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made to modify Chikamori with the teachings of Blumenberg to use different priority sources of communication strength as download parameters with a vehicle mapping and routing system for more reliable data gathering for the vehicle control system by utilizing information based on known areas of weak and strong data signals.
As per claim 2 Chikamori discloses further comprising:
the at least one processor is further configured to: determine whether the driving assistance control or the automatic driving control is continuable along the first section of the calculated route, to which the second priority level is assigned [¶ 4 output the corresponding map information to the autonomous driving control unit Fig. 3-4], in response to determining that the driving assistance control or the automatic driving control is not continuable, notify the user of a possibility of the driving assistance control or the automatic driving control being canceled while the vehicle travels along the first section of the calculated route [¶ 39 The HMI notifies the occupant of various kinds of information by display… driving mode switch button (turn off autonomous driving mode), Fig. 4-6 discloses multiple alternate routes (understood that original auto drive path is canceled hence why there are alternate routes available)].
As per claim 3 Chikamori discloses further wherein in response to determining that the driving assistance control or the automatic driving control is not continuable along the first section of the calculated route whereas, and that the user desires continuation of the driving assistance control or the automatic driving control, the at least one processor is further configured to re-calculate a new route that allows the driving assistance control or the automatic driving control to be continued [Fig. 4-6 (discloses multiple alternate routes to the same location)].
As per claim 9 Chikamori discloses the vehicle as cited for claim 1 [see claim 1 citations] however is silent to the claims additional limitations.
Blumenberg however discloses the claim’s additional limitations of: wherein in controlling the downloading of the high-precision map, the at least one processor is configured to: determine an expected duration time required for downloading first data, the first data being data of the high-precision map corresponding to the first section located farther from the vehicle than the second section on the calculated route [¶ 190 the method may include monitoring the distance to the next portion of the route for which tiles have not been obtained. If this distance falls below a specified threshold, the method may determine that it is critical to download (or at least attempt to download) tiles for that portion of the route regardless of the current signal reception of the client device…. For instance, the client device may place multiple checkpoints (e.g., specified by time or distance) along the route. For instance, in a non-limiting example, a checkpoint may be placed every 3 kilometers of travel. In other cases checkpoints may be specified temporally ( e.g., every two minutes a checkpoint is active)… when additional map information is determined to be critical, the method may proceed to block 732 in which map tiles for the next route segment are downloaded, Fig. 7C, Examiner’s Note: It is understood that for vehicle travel/routing, using distance or time is interchangeable, as when the system has either of the variables, one can be exchanged for the other as speed is a known. Additionally Blumenberg even states it’s a common practice to use either of the variables];
determine a first time point at which the vehicle reaches the first section;
determine a second time point that is earlier than the first time point by at least the expected duration time [¶ 191 the method may opportunistically download map tiles for the route segment at block 732 (downloads segments opportunistically unless a higher propriety/low signal segment is identified withing a certain parameter/threshold)];
start downloading of second data before the second time point, the second data being data of the high-precision map corresponding to the second section [Fig. 7C.724 Download map tiles for first segment of route and begin route traversal];
start the downloading of the first data after the second time point [¶ 188 method may include downloading map tiles for areas… may include using map tile priority to identify the highest priority map tiles (e.g., map tiles for areas of the worst signal strength) and request these tiles before (or during the initial phase of) route guidance. In this way, these high priority map tiles may be cached before reaching the areas of poor signal strength.];
stop the downloading of the second data when the downloading of the second data has not been completed at the second time point; and
resume the stopped downloading of the second data after the second time point and after completion of the downloading of the first data [¶ 188 various embodiments, lower priority tiles (e.g., map tiles associated with areas having sufficient signal strength for data transfer) may be downloaded enroute, ¶ 190 the method may include monitoring the distance to the next portion of the route for which tiles have not been obtained. If this distance falls below a specified threshold, the method may determine that it is critical to download (or at least attempt to download) tiles for that portion of the route regardless of the current signal reception of the client device (otherwise the system downloads 2nd data enroute), when not high priority is not , Examiner’s Note: The claim is understood to determine a time needed to download critical/top priority map features before a vehicle reaches said travel point. Blumenberg states determining the distance to said travel point as the feature for determining how long the vehicle has to download said map features. It is understood that if a distance or time is known in conjunction with a travel speed of the vehicle, the alternative parameter is also known, e.g. a car travels 60 mph, it’ll travel 60 miles in an hour, or in one hour it would have traveled 60 miles. Blumenberg further states using either time or distance, even though their example is referenced with distance). These are known alternatives within the art.].
It would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made to modify Chikamori with the teachings of Blumenberg to use different download parameters with a vehicle mapping and routing system for effectively downloading mapping information more reliable data gathering for the vehicle navigation system by utilizing data limitations based on known areas of weak and strong data signals.
Allowable Subject Matter
Claim 8 is 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.
Additional Art to Consider
Application Pub. No. 20210364306 titled, MAP SELECTION DEVICE, STORAGE MEDIUM STORING COMPUTER PROGRAM FOR MAP SELECTION AND MAP SELECTION METHOD, further includes a system that uses a multiple map navigation system for an autonomous vehicle that combines the map data in a manner that is most effective with the navigation route. This is similar to the Applicant’s invention in that the system relies on gathering multiple map data and depending on the route, acquiring the information that best suits the needs for navigating the determined route.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL A CASTRO whose telephone number is (571)272-4836. The examiner can normally be reached 10-6pm on campus.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramon Mercado can be reached at 5712705744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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PAUL A. CASTRO
Examiner
Art Unit 3662
/P.A.C/ Examiner, Art Unit 3658
/Ramon A. Mercado/Supervisory Patent Examiner, Art Unit 3658