DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Introduction
Claims 1-3, 5, 10-15, and 17-20 are rejected and have been examined in this Office Action. This is the Second Office Action on the Merits.
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 their 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 disclosure.
Drawing Objection
The drawings are objected to because of the following informality:
Sensor 115 is missing from the drawings, even though sensor 115 is mentioned in [0057], line 1 of the specification.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Appropriate correction is required.
Specification Objections
The disclosure is objected to because of the following informalities:
[0237], lines 13-15 teaches “…external information acquired from the external device, for example, a camera-captured image of another vehicle…”. Since the another vehicle can be the external device, the wording appears to imply that the another vehicle is taking a photo of itself. Examiner believes Applicant was trying to convey that the another vehicle takes a photo of a completely different vehicle.
[0266], lines 4-6 teaches “…external information acquired from the external device, for example, a camera-captured image of another vehicle…”. Since the another vehicle can be the external device, the wording appears to imply that the another vehicle is taking a photo of itself. Examiner believes Applicant was trying to convey that the another vehicle takes a photo of a completely different vehicle.
Appropriate correction is required.
Claim Objections
Claim 10 is objected to because of the following informality: The another vehicle in line 5 and line 9 appears to be the same element as the external device in claim 1, line 15. The language should be consistent.
Claim 15 is objected to because of the following informality: The another moving apparatus in line 4 appears to be the same element as the another vehicle in claim 10, line 5 and line 9. The language should be consistent.
Claim 18 is objected to because of the following informality: The another moving apparatus in lines 15-16 appears to be the same element as the another vehicle in claim 10, line 5 and line 9. The language should be consistent.
Claim 19 is objected to because of the following informality: The another moving apparatus in lines 4-5 appears to be the same element as the another vehicle in claim 10, line 5 and line 9. The language should be consistent.
Claim 20 is objected to because of the following informality: The another moving apparatus in line 15 appears to be the same element as the another vehicle in claim 10, line 5 and line 9. The language should be consistent.
Appropriate correction is required.
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.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The following limitations are interpreted as invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
Claim 1, “road sensor device”. As best understood, the corresponding structure is a type of external device, or structural equivalent. It is noted that the specification does not provide disclosure of the structure of this limitation.
Claim 15, “road sensor device”. As best understood, the corresponding structure is a type of external device, or structural equivalent. It is noted that the specification does not provide disclosure of the structure of this limitation.
Claim 18, “road sensor device”. As best understood, the corresponding structure is a type of external device, or structural equivalent. It is noted that the specification does not provide disclosure of the structure of this limitation.
Claim 19, “road sensor device”. As best understood, the corresponding structure is a type of external device, or structural equivalent. It is noted that the specification does not provide disclosure of the structure of this limitation.
Claim 20, “road sensor device”. As best understood, the corresponding structure is a type of external device, or structural equivalent. It is noted that the specification does not provide disclosure of the structure of this limitation.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5, 10-15, and 17-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, lines 15-17, the limitation “…the external device being another moving apparatus traveling on the road or a road sensor device on the road, and having second sensors which detect the travel environment of the moving apparatus” appears to be new matter. The specification describes a single second sensor, which is the another moving apparatus that has a camera ([0263], lines 1-4). However, the specification does not appear to describe multiple second sensors.
Regarding claim 1, line 16, the limitation “…road sensor device…” appears to be new matter. The specification describes a roadside communication unit ([0023], line 5). However, the specification does not appear to describe a road sensor device.
Regarding claim 1, lines 20-25, the limitation “in a case where it is determined that the matching degree is lower than a threshold degree, output a downward level shift control request to lower an automated driving level of the automated driving control or a shift request to change the automated driving control to manual driving control” appears to be new matter. The drawings describe downshifting if a distance is equal to or more than a threshold value (FIG. 14, S504-S506). However, the drawings do not appear to describe downshifting when the matching degree is lower than a threshold degree.
Regarding claim 5, lines 16-19, the limitation “output the downward shift control request of the automated driving level or the shift request in response to determination that the matching degree is lower than the threshold degree” appears to be new matter. The drawings describe downshifting if a distance is equal to or more than a threshold value (FIG. 14, S504-S506). However, the drawings do not appear to describe downshifting when the matching degree is lower than a threshold degree.
Regarding claim 10, lines 17-20, the limitation “output the downward shift control request of the automated driving level or the shift request in response to determination that the matching degree is lower than the threshold degree.” appears to be new matter. The drawings describe downshifting if a distance is equal to or more than a threshold value (FIG. 14, S504-S506). However, the drawings do not appear to describe downshifting when the matching degree is lower than a threshold degree
Regarding claim 15, lines 4-5, the limitation “…road sensor device…” appears to be new matter. The specification describes a roadside communication unit ([0023], line 5). However, the specification does not appear to describe a road sensor device.
Regarding claim 15, lines 4-6, the limitation “…an external device that is another moving apparatus traveling on the road or a road sensor device on the road. and has second sensors that detect the travel environment of the moving apparatus, wherein…” appears to be new matter. The specification describes a single second sensor, which is the another moving apparatus that has a camera ([0263], lines 1-4). However, the specification does not appear to describe multiple second sensors.
Regarding claim 15, lines 18-19, the limitation “…acquire from the second sensors information about the travel environment of the moving apparatus…” appears to be new matter. The specification describes a single second sensor, which is the another moving apparatus that has a camera ([0263], lines 1-4). However, the specification does not appear to describe multiple second sensors.
Regarding claim 15, lines 28-33, the limitation “in a case where it is determined that the matching degree is lower than a threshold degree, output a downward level shift control request to lower an automated driving level of the automated driving control or a shift request to change the automated driving control to manual driving control.” appears to be new matter. The drawings describe downshifting if a distance is equal to or more than a threshold value (FIG. 14, S504-S506). However, the drawings do not appear to describe downshifting when the matching degree is lower than a threshold degree.
Regarding claim 18, lines 12-17, the limitation “…comparing the observation information with external information about the travel environment of the moving apparatus acquired from an external device via a communication network, the external device being another moving apparatus traveling on the road or a road sensor device on the road, and having second sensors which detect the travel environment of the moving apparatus;” appears to be new matter. The specification describes a single second sensor, which is the another moving apparatus that has a camera ([0263], lines 1-4). However, the specification does not appear to describe multiple second sensors.
Regarding claim 18, line 16, the limitation “…road sensor device…” appears to be new matter. The specification describes a roadside communication unit ([0023], line 5). However, the specification does not appear to describe a road sensor device.
Regarding claim 18, lines 20-25, the limitation “in a case where it is determined that the matching degree is lower than a threshold degree, output a downward level shift control request to lower an automated driving level of the automated driving control or a shift request to change the automated driving control to manual driving control.” appears to be new matter. The drawings describe downshifting if a distance is equal to or more than a threshold value (FIG. 14, S504-S506). However, the drawings do not appear to describe downshifting when the matching degree is lower than a threshold degree.
Regarding claim 19, lines 4-6, the limitation, “…the external device is another moving apparatus traveling on the road or a road sensor device on the road, and has second sensors…” appears to be new matter. The specification describes a single second sensor, which is the another moving apparatus that has a camera ([0263], lines 1-4). However, the specification does not appear to describe multiple second sensors.
Regarding claim 19, line 18, the limitation, “…from the second sensors in the external device…” appears to be new matter. The specification describes a single second sensor, which is the another moving apparatus that has a camera ([0263], lines 1-4). However, the specification does not appear to describe multiple second sensors.
Regarding claim 19, line 5, the limitation “…road sensor device…” appears to be new matter. The specification describes a roadside communication unit ([0023], line 5). However, the specification does not appear to describe a road sensor device.
Regarding claim 19, lines 27-32, the limitation “in a case where it is determined that the matching degree is lower than a threshold degree, outputting, in the moving apparatus, a downward level shift control request to lower an automated driving level of the automated driving control or a shift request to change the automated driving control to manual driving control.” appears to be new matter. The drawings describe downshifting if a distance is equal to or more than a threshold value (FIG. 14, S504-S506). However, the drawings do not appear to describe downshifting when the matching degree is lower than a threshold degree.
Regarding claim 20, line 12-17, the limitation, “…comparing the observation information with external information about the travel environment of the moving apparatus acquired from an external device via a communication network, the external device being another moving apparatus traveling on the road or a road sensor device on the road, and having second sensors which detect the travel environment of the moving apparatus;” appears to be new matter. The specification describes a single second sensor, which is the another moving apparatus that has a camera ([0263], lines 1-4). However, the specification does not appear to describe multiple second sensors.
Regarding claim 20, line 16, the limitation “…road sensor device…” appears to be new matter. The specification describes a roadside communication unit ([0023], line 5). However, the specification does not appear to describe a road sensor device.
Regarding claim 20, lines 20-25, the limitation “in a case where it is determined that the matching degree is lower than a threshold degree, outputting a downward level shift control request to lower an automated driving level of the automated driving control or a shift request to change the automated driving control to manual driving control.” appears to be new matter. The drawings describe downshifting if a distance is equal to or more than a threshold value (FIG. 14, S504-S506). However, the drawings do not appear to describe downshifting when the matching degree is lower than a threshold degree.
Claims 2-3, 5, 10-14, and 17 are also rejected as being dependent upon a rejected base claim.
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 1-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim limitation “…road sensor device…”, invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claim 1, lines 20-23, “in a case where it is determined that the matching degree is lower than a threshold degree, output a downward level shift control request…” renders the claim indefinite because it is not consistent with FIG. 14, blocks S504-S506, which shows outputting a downward shift control request when the calculated distance is equal to or more than a threshold value.
A matching degree being lower than a threshold degree is not necessarily equivalent to a calculated distance being more than a threshold value. However, Examiner infers that a large calculated distance leads to a low matching degree,
For examination purposes, “in a case where it is determined that the matching degree is lower than a threshold degree…” is interpreted as an “in a case where it is determined that the calculated distance is equal to or more than a threshold value…”.
Regarding claim 15, lines 28-33, “in a case where it is determined that the matching degree is lower than a threshold degree, output a downward level shift control request…” renders the claim indefinite because it is not consistent with FIG. 14, blocks S504-S506, which shows outputting a downward shift control request when the calculated distance is equal to or more than a threshold value.
A matching degree being lower than a threshold degree is not necessarily equivalent to a calculated distance being more than a threshold value. However, Examiner infers that a large calculated distance leads to a low matching degree,
For examination purposes, “in a case where it is determined that the matching degree is lower than a threshold degree…” is interpreted as an “in a case where it is determined that the calculated distance is equal to or more than a threshold value…”.
Regarding claim 18, lines 20-25, “in a case where it is determined that the matching degree is lower than a threshold degree, outputting a downward level shift control request…” renders the claim indefinite because it is not consistent with FIG. 14, blocks S504-S506, which shows outputting a downward shift control request when the calculated distance is equal to or more than a threshold value.
A matching degree being lower than a threshold degree is not necessarily equivalent to a calculated distance being more than a threshold value. However, Examiner infers that a large calculated distance leads to a low matching degree,
For examination purposes, “in a case where it is determined that the matching degree is lower than a threshold degree…” is interpreted as an “in a case where it is determined that the calculated distance is equal to or more than a threshold value…”.
Regarding claim 19, lines 27-32, “in a case where it is determined that the matching degree is lower than a threshold degree, outputting, in the moving apparatus, a downward level shift control request…” renders the claim indefinite because it is not consistent with FIG. 14, blocks S504-S506, which shows outputting a downward shift control request when the calculated distance is equal to or more than a threshold value.
A matching degree being lower than a threshold degree is not necessarily equivalent to a calculated distance being more than a threshold value. However, Examiner infers that a large calculated distance leads to a low matching degree,
For examination purposes, “in a case where it is determined that the matching degree is lower than a threshold degree…” is interpreted as an “in a case where it is determined that the calculated distance is equal to or more than a threshold value…”.
Regarding claim 20, lines 20-25, “in a case where it is determined that the matching degree is lower than a threshold degree, outputting, in the moving apparatus, a downward level shift control request…” renders the claim indefinite because it is not consistent with FIG. 14, blocks S504-S506, which shows outputting a downward shift control request when the calculated distance is equal to or more than a threshold value.
A matching degree being lower than a threshold degree is not necessarily equivalent to a calculated distance being more than a threshold value. However, Examiner infers that a large calculated distance leads to a low matching degree,
For examination purposes, “in a case where it is determined that the matching degree is lower than a threshold degree…” is interpreted as an “in a case where it is determined that the calculated distance is equal to or more than a threshold value…”.
Claims 2-3, 5, 10-14, and 17 are also rejected as being dependent upon a rejected base claim.
Claim Rejection - 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 1-3, 5, 13, 15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2022/0065653 Al), referred to as Kim, in view of Leone et al. (US 2019/0071067 Al), referred to as Leone.
In regards to claim 1, Kim teaches:
An information processing device, comprising: ([0009], lines 11-13 teaches “…processor configured to process the high definition map, the front image data, and the forward detection data…” The processor is a device that processes information.)
circuitry configured to ([0009], line 11 teaches a processor. Processors have circuitry.)
acquire observation information about a travel environment of a moving apparatus which travels on a road, from first sensors of the moving apparatus which detect the travel environment, ([0009], lines 2-4 teaches “…a first sensor installed in a vehicle, having a field of view facing in front of the vehicle, and configured to acquire front image data;” A sensor that gets image data, which is observational information, of the environment is installed in a vehicle, which is a moving apparatus that travels on a road. [0009], lines 4-7 teaches “…a second sensor selected from the group consisting of a radar and a light detection and ranging (lidar), installed in the vehicle…” Radar and lidar sensors also acquire observational information.)
generate control information based on the observation information, ([0052], lines 3-8 teaches “…the autonomous driving system 100 may detect road environments…and control the driving and/or the braking and/or the steering of the vehicle 1 in response to the detected environments.” Control information includes driving, braking, and steering. The control information is generated based on the information from the environment. [0009], line 4 teaches “…acquire front image data;” The front image data, which is observation information, is information from the environment.)
perform automated driving control of the moving apparatus based on the control information, ([0052], lines 3-8 teaches “…the autonomous driving system 100 may… control the driving and/or the braking and/or the steering of the vehicle 1...” The automated system provides driving control based on the vehicle’s control information.)
compare the observation information with external information about the travel environment of the moving apparatus acquired from an external device via a communication network and having second sensors which detect the travel environment of the moving apparatus, ([0009], lines 13-25 teaches “…calculate a first distance between the vehicle and a right road boundary line… in response to processing the front image data… calculate a third distance between the vehicle and the right road boundary line… in response to processing the high definition map, and determine a map quality index of the high definition map based on the first distance… the third distance… and determine an error of the high definition map based on the map quality index.” The first distance, which comes from image or observational information, is compared to the third distance, which comes from map or external data, when the map quality index is created, since the map quality index determines error of the map. The map is pulled from a communication network.)
determine a matching degree between the observation information and the external information, and ([0009], lines 13-25 teaches “…calculate a first distance between the vehicle and a right road boundary line… in response to processing the front image data… calculate a third distance between the vehicle and the right road boundary line… in response to processing the high definition map, and determine a map quality index of the high definition map based on the first distance… the third distance… and determine an error of the high definition map based on the map quality index.” The map quality index indicates a matching degree between the observation information and the external information.)
in a case where it is determined that the matching degree is lower than a threshold degree, output a downward level shift control request to lower an automated driving level of the automated driving control or a shift request to change the automated driving control to manual driving control. ([0148], lines 3-5 teaches “…when it is determined that the error of the high definition map being present, the controller 140 may transfer a control right of the vehicle 1 to the driver.” When the matching degree is lower than a threshold, control may be transferred to the driver.)
Kim does not teach:
the external device being another moving apparatus traveling on the road or a road sensor device on the road
However, Leone teaches:
“…an external server collecting traffic information from sources such as… road sensors… Detailed maps of data… may be available in the network cloud.” ([0017], lines 2-7). An external server, which pulls information from a network cloud or communication network, gets information from road sensors, which are external devices.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Kim, by incorporating the teachings of Leone, with a reasonable expectation of success, such that the external server pulls the external information from the road sensors and the system compares the external information with the observational information.
The motivation for gathering the external information from the road sensors, as acknowledged by a person of ordinary skill in the art, is to provide more detailed and accurate external information.
In regards to claim 2, Kim, as modified by Leone, teaches:
The information processing device according to claim 1, wherein ([0009], lines 11-13 teaches “…processor configured to process the high definition map, the front image data, and the forward detection data…” The processor is a device that processes information.)
the circuitry is further configured to execute downward level shift control processing to lower the automated driving level of the automated driving control or shift processing to change the automated driving control to the manual driving control on a basis of a response of a user to the downward level shift control request or the shift request. ([0148], lines 4-7 teaches “… the controller 140 may request the driver to transfer the control right through a user interface...” Users can request to shift to manual driving through the user interface. The system would comply with that request.)
In regards to claim 3, Kim, as modified by Leone, teaches:
The information processing device according to claim 1, wherein ([0009], lines 11-13 teaches “…processor configured to process the high definition map, the front image data, and the forward detection data…” The processor is a device that processes information.)
the circuitry is further configured to ([0148], lines 4-7 teaches “… the controller 140 may request the driver to transfer the control right through a user interface...” Users can request to shift to manual driving through the user interface. The system would comply with that request.)
calculate a difference between the observation information and the external information, and ([0009], lines 13-25 teaches “…calculate a first distance between the vehicle and a right road boundary line… in response to processing the front image data… calculate a third distance between the vehicle and the right road boundary line… in response to processing the high definition map, and determine a map quality index of the high definition map based on the first distance… the third distance… and determine an error of the high definition map based on the map quality index.” The map quality index indicates a difference between the observation information and the external information.)
determine, in a case where the difference is equal to or more than a predetermined threshold value, that the matching degree between the observation information and the external information is lower than the threshold degree. ([0117], lines 1-4 teaches “…when a root mean square error (RMSE) between the first distance dl and the third distance d3 is greater than or equal to a predetermined first value, the controller 140 may reduce the map quality index…” When the RMSE is high, the difference or error is high, above a threshold. When error is high, map quality index or matching degree is low, lower than a threshold.)
In regards to claim 5, Kim, as modified by Leone, teaches:
The information processing device according to claim 1, wherein ([0009], lines 11-13 teaches “…processor configured to process the high definition map, the front image data, and the forward detection data…” The processor is a device that processes information.)
the circuitry is further configured to ([0009], line 11 teaches a processor. Processors have circuitry.)
acquire, as the observation information, a first distance between the moving apparatus and a dividing line on the road ([0009], lines 15-17 teaches “…a second distance between the vehicle and a left road boundary line in response to processing the front image data…” The vehicle is the moving apparatus and the left road boundary line is the dividing line. The second distance can be considered the first distances.)
compare the first distance with a second distance between the moving apparatus and the dividing line which is acquired as the external information from the external device via the communication network, ([0009], lines 19-21 teaches “…a fourth distance between the vehicle and the left road boundary line in response to processing the high definition map…” The left road boundary line is the dividing line. The fourth distance can be considered a second distance. The high definition map comes from an external device. [0010], lines 1-4 teaches “determine that the error of the high definition map being present when the map quality index is less than or equal to a predetermined threshold value.” The map quality index is created through comparing the first distance with the second distance.)
determine that the matching degree between the observation information and the external information is lower than the threshold degree in a case where a difference between the first distance and the second distance is equal to or more than a predetermined threshold value, and ([0117], lines 1-4 teaches “…when a root mean square error (RMSE) between the first distance dl and the third distance d3 is greater than or equal to a predetermined first value, the controller 140 may reduce the map quality index…” When the RMSE is high, the difference or error is high, above a threshold. When error is high, map quality index or matching degree is low, lower than a threshold.)
output the downward level shift control request or the shift request in response to determination that the matching degree is lower than the threshold degree. ([0148], lines 3-7 teaches “…when it is determined that the error of the high definition map being present… the controller 140 may request the driver to transfer the control right through a user interface provided in the vehicle 1.” Users can request to shift to manual driving when matching degree is low enough or error is high enough. That request would be output through the user interface.)
In regards to claim 13, Kim, as modified by Leone, teaches:
The information processing device according to claim 1, wherein ([0009], lines 11-13 teaches “…processor configured to process the high definition map, the front image data, and the forward detection data…” The processor is a device that processes information.)
the circuitry is further configured to ([0009], line 11 teaches a processor. Processors have circuitry.)
in a case where it is determined that the matching degree between the observation information and the external information is lower than the threshold degree, check whether the moving apparatus is under the automated driving control or the manual driving control, and ([0148], lines 3-7 teaches “…when it is determined that the error of the high definition map being present… the controller 140 may request the driver to transfer the control right through a user interface provided in the vehicle 1.” When error is present, matching degree is low, lower than a threshold. Transferring control would not be necessary if the vehicle was not performing automated driving, so whether the vehicle is performing automated driving is effectively checked. Furthermore, if the request goes through and works, the system effectively checked that it was performing autonomous driving before the request.)
in a case where the moving apparatus is under the automated driving control, output the downward level shift control request or the shift request. ([0148], lines 4-7 teaches “… the controller 140 may request the driver to transfer the control right through a user interface provided in the vehicle 1.” The downshift request is output through the user interface while automated driving is being performed.)
In regards to claim 15, Kim teaches:
An information processing system comprising: ([0009], lines 11-13 teaches “…processor configured to process the high definition map, the front image data, and the forward detection data…” The processor is a device that processes information.)
a moving apparatus that travels on a road and has first sensors that detect a travel environment of the moving apparatus; and ([0009], lines 2-4 teaches “…a first sensor installed in a vehicle, having a field of view facing in front of the vehicle, and configured to acquire front image data;” A sensor that gets image data, which is observational information, of the environment is installed in a vehicle, which is a moving apparatus that travels on a road. [0009], lines 4-7 teaches “…a second sensor selected from the group consisting of a radar and a light detection and ranging (lidar), installed in the vehicle…” Radar and lidar sensors also acquire observational information.)
the moving apparatus includes circuitry configured to ([0009], line 11 teaches a processor. Processors have circuitry.)
acquire observation information about the travel environment of the moving apparatus from the first sensors, ([0009], lines 2-4 teaches “…a first sensor installed in a vehicle, having a field of view facing in front of the vehicle, and configured to acquire front image data;” A sensor that gets image data, which is observational information, of the environment is installed in a vehicle, which is a moving apparatus that travels on a road. [0009], lines 4-7 teaches “…a second sensor selected from the group consisting of a radar and a light detection and ranging (lidar), installed in the vehicle…” Radar and lidar sensors also acquire observational information.)
generate control information based on the observation information, ([0052], lines 3-8 teaches “…the autonomous driving system 100 may detect road environments…and control the driving and/or the braking and/or the steering of the vehicle 1 in response to the detected environments.” Control information includes driving, braking, and steering. The control information is generated based on the information from the environment. [0009], line 4 teaches “…acquire front image data;” The front image data, which is observation information, is information from the environment.)
perform automated driving control of the moving apparatus based on the control information, and ([0052], lines 3-8 teaches “…the autonomous driving system 100 may… control the driving and/or the braking and/or the steering of the vehicle 1...” The automated system provides driving control based on the vehicle’s control information.)
communicate with the external device via a communication network, wherein ([0009], lines 8-10 teaches “…a communicator configured to receive a high definition map at a current location of the vehicle from an external server;” The external device is the external server. The external server pulls information from a communication network.)
the external device is configured to ([0009], line 10 teaches “…an external server;” The external device is the external server. The external server pulls information from a communication network.)
transmit the information to the moving apparatus as external information, and wherein ([0009], lines 2-10 teaches “…an autonomous driving system includes… a communicator configured to receive a high definition map at a current location of the vehicle from an external server;” The communicator transmits external information to the vehicle’s autonomous driving system.)
the circuitry of the moving apparatus is further configured to ([0009], line 11 teaches a processor. Processors have circuitry.)
compare the observation information with the external information acquired from the external device, ([0009], lines 13-25 teaches “…calculate a first distance between the vehicle and a right road boundary line… in response to processing the front image data… calculate a third distance between the vehicle and the right road boundary line… in response to processing the high definition map, and determine a map quality index of the high definition map based on the first distance… the third distance… and determine an error of the high definition map based on the map quality index.” The first distance, which comes from image or observational information, is compared to the third distance, which comes from map or external data, when the map quality index is created, since the map quality index determines error of the map.)
determine a matching degree between the observation information and the external information, and ([0009], lines 13-25 teaches “…calculate a first distance between the vehicle and a right road boundary line… in response to processing the front image data… calculate a third distance between the vehicle and the right road boundary line… in response to processing the high definition map, and determine a map quality index of the high definition map based on the first distance… the third distance… and determine an error of the high definition map based on the map quality index.” When there is error, the matching degree between the observational information and the external information is determined to be low.)
in a case where it is determined that the matching degree is lower than a threshold degree, output a downward level shift control request to lower an automated driving level of the automated driving control or a shift request to change the automated driving control to manual driving control. ([0148], lines 3-5 teaches “…when it is determined that the error of the high definition map being present, the controller 140 may transfer a control right of the vehicle 1 to the driver.” When the matching degree is lower than a threshold, control may be transferred to the driver.)
Kim does not teach:
an external device that is another moving apparatus traveling on the road or a road sensor device on the road, and has second sensors that detect the travel environment of the moving apparatus, wherein
acquire from the second sensors information about the travel environment of the moving apparatus, and
However, Leone teaches:
“…an external server collecting traffic information from sources such as… road sensors… Detailed maps of data… may be available in the network cloud.” ([0017], lines 2-7). An external server, which pulls information from a network cloud or communication network, gets information from road sensors, which are external devices. There are multiple road sensors, or second sensors, that gather information about the travel environment.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Kim, by incorporating the teachings of Leone, with a reasonable expectation of success, such that the external server pulls the external information from the road sensors and the system compares the external information with the observational information.
The motivation for gathering the external information from the road sensors, as acknowledged by a person of ordinary skill in the art, is to provide more detailed and accurate external information.
In regards to claim 17, Kim, as modified by Leone, teaches:
The information processing system according to claim 15, wherein ([0009], lines 11-13 teaches “…processor configured to process the high definition map, the front image data, and the forward detection data…” The processor is a device that processes information.)
the circuitry of the moving apparatus is further configured to ([0009], line 11 teaches a processor. Processors have circuitry.)
execute downward level shift control processing to lower the automated driving level of the automated driving control or shift processing to change the automated driving control to the manual driving control on a basis of a response of a user to the downward level shift control request or the shift request. ([0148], lines 4-7 teaches “… the controller 140 may request the driver to transfer the control right through a user interface...” Users can request to shift to manual driving through the user interface. The system would comply with that request.)
In regards to claim 18, Kim teaches:
An information processing method executed in an information processing device, the information processing method comprising: ([0009], lines 11-13 teaches “…processor configured to process the high definition map, the front image data, and the forward detection data…” The processor is a device that processes information. This processor executes methods.)
acquiring observation information about a travel environment of a moving apparatus which travels on a road, from first sensors of the moving apparatus which detect the travel environment; ([0009