DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/09/2026 has been entered.
Response to Arguments
Applicant's arguments filed 07/09/2026 have been fully considered but they are not persuasive.
Let us consider claim language and map it to the cited paragraphs:
Applicant claim requires:
“determining: the radar echoes indicate a vanishing relative velocity between the motor vehicle and a respective source from which the radar echo originates” while paragraph [0004,0009] explicitly teach ( “In Patent Document 2, in an FM-CW radar, the position of an object is arranged in polar coordinates based on the relative speed obtained from the FFT result of the beat signal, and a peak at which the relative speed becomes zero is extracted as a stationary object.”)(see[0006]) also ([0009] teaches “In addition, as described in Patent Document 2, extracting a point at which the relative velocity is zero depends on the acquisition accuracy of the radar reflected wave, and therefore, if the relative velocity of the object includes an error. The detection performance as to whether it is a stationary object also decreases. In addition, since the relative speed of the parallel running vehicle is almost zero as in the guardrail and the like, if only the relative speed is important, it cannot be distinguished from the parallel running vehicle.”) which indicates that at least radar echoes with almost zero relative speed are determined and considered and hence limitation “determining: the radar echoes indicate a vanishing relative velocity between the motor vehicle and a respective source from which the radar echo originates” is satisfied.
Next limitation is “identifying the source of the radar echoes as an artificial side barrier based on the determinations” and clearly [0004-0009] explicitly teaches at least identifying the source of the echo as either parallel running vehicle or guardrail. Hence, limitation is again satisfied.
And D1, as it can use the conclusion that the D2 identified guardrail or parallel running vehicle, can compare with map of side barriers and in case it is a guardrail determine current position as it is done in (fig. 1 -3 and claim 1).
D2 teaches clearly that identifying the object using relative speed is well known. Yes, that identification includes some ambiguity, but claim does not require unique identification of the specific object. D2 teaches that by using that type of identification one can limit objects to be two defined object types and D1 teaches that comparing points and object of the map to the detected objects one can identify the structures and calibration and positioning.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a radar device configured to detect…” in claim 20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 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.
Claim(s) 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 US 11378653 B2 in view of D2 JP 2015055541 A.
Regarding claim 11 D1 teaches
11. (New) A method for localizing a motor vehicle, comprising:
a data interface configured to acquire radar data,(fig. 4)
a computer-readable data memory, and(col 6 lines 48-67)
a processor coupled to the memory(col 6 lines 48-67), wherein the localization device is configured to
providing a map in which artificial side barriers that run laterally along a road are entered;(claim 1 geometrical objects associated with a predefined map)
where the artificial side barriers are unchangeable in their position and shape along the road;(implicit claim 1 fig. 3 and col 1 static landmark)
emitting radar signals(abstract) in a transverse direction of the vehicle during a journey using a radar device of the motor vehicle;(col 11 line 55- col 12 line 8)
receiving resulting radar echoes; (col 11 line 55- col 12 line 8)
determining the radar echoes which were reflected perpendicular to a longitudinal direction of the vehicle(fig. 1) and/or perpendicular to the direction of travel of the motor vehicle(fig. 1)
determining a distance of the motor vehicle from the respective source based on the radar echoes;(col 3 lines 7-20)
identifying the source of the radar echoes as an artificial side barrier based on determination; and(fig. 1)
based on the identified source, determining a current position of the motor vehicle in the map.(claim 1)
But does not teach
and which indicate a vanishing relative velocity between the motor vehicle and a respective source from which the radar echo originates;
D2 teaches
where the artificial side barriers are unchangeable in their position and shape along the road;[ 0004][0009](guardrails)
Using radar echo Identifying guardrails by vanishing relative velocity between the motor vehicle and a respective source from which the radar echo originates;[0004][0009]
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 with invention by D2 in order to identify the guardrails as required by D1.
12. (New) The method according to claim 11, wherein the source is identified as an artificial side barrier only if a corresponding radar echo is recorded from the same point in a fixed vehicle coordinate system over multiple measurement cycles of the radar device. D1(fig. 3 multiple points are used to identify the structure)/D2([0019-24])
13. (New) The method according to claim 11, further comprising:
determining an expected radar echo from the artificial side barrier based on the map and a respective current pose of the motor vehicle; and
monitoring the position of the motor vehicle on the map based on the expected radar echo and the determined radar echoes. D1 (fig. 1-3, col 12 line 9-col 13 line 6)
14. (New) The method according to claim 11, further comprising:
generating a corresponding particle in a predetermined model for some or all of the received radar echoes, and D1(col 12 lines 39-52)
then using a predetermined particle filter to identify the radar echoes originating from the artificial side barrier.D1 (col 13 line 57-col 14 line 33)
Regarding claim 15 D1 teaches
15. (New) The method according to claim 14, wherein from measurement cycle to measurement cycle of the radar device, the particle filter retains only those particles that repeatedly occur at the same point in a coordinate system; D1 (col 5 line 53-col 6 line 47)
But does not teach while D2 teaches that is fixed relative to the vehicle and indicate a vanishing velocity of the respective source relative to the motor vehicle. [0004-0009]
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 with invention by D2 in order identify guardrails or curbsides.
16. (New) The method according to claim 11, further comprising:
modeling a change in a radar echo originating from an artificial side barrier during a lateral relative movement between the motor vehicle and the side barrier, and
assigning radar echoes over multiple measurement cycles of the radar device by considering the change in the radar echo.D1 (col 13 line 65- col 14 line 32)
17. (New) The method according to claim 16, wherein
for determining the lateral relative movement, odometry data of the motor vehicle is automatically evaluated.D1 (col 9 lines 14-37)
18. (New) The method according to claim 16, wherein for determining the lateral relative motion, a course of the road is determined and a course of the side barrier following this course of the road is modelled. D1 (col 9 lines 14-37)
20. (New) A motor vehicle, comprising:
a radar device configured to detect environment objects to the side of the motor vehicle in the transverse direction of the vehicle(D1: fig. 3), and
the localization device of claim 19 coupled to the radar device.(D1: fig. 4)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELENA SERAYDARYAN whose telephone number is (571)270-0706. The examiner can normally be reached on M-T, 7:30-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha Desai can be reached on (571)270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HELENA H SERAYDARYAN/ Examiner, Art Unit 3648C
/TIMOTHY A BRAINARD/Primary Examiner, Art Unit 3648
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