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 .
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.
DETAILED ACTION
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) 1 and 3-20 are rejected under 35 U.S.C. 103 as being unpatentable over Baker et al. (US Patent Application Publication 2020/0400821 A1, Date Published: 2020-12-24) in view of SZCHEBA, CN 101860702 A, DATE PUBLISHED: 2010-10-13, CPC G02B 27/01.
Regarding claim 1:
Baker described a computer comprising a computer processor and a nontransitory computer readable medium containing computer instructions stored therein for causing the computer processor to (0008, computer):
receive first sensor data from a sensor of a vehicle indicating a first relative position of a stationary object (0012, stationary features ), the first relative position detected while the vehicle is in a first vehicle pose (0012, relative to a center of rotation of the vehicle); receive second sensor data from the sensor indicating a second relative position of the stationary object, the second relative position detected while the vehicle is in a second vehicle pose having a different orientation than the first vehicle pose (0096, vehicles in the vicinity); and determine one of a calibration parameter or a vehicle relative pose based on the first relative position (0097, to calibrate the position and direction of the field of view of the LIDAR relative to the center of mass), the second relative position, and the other of the calibration parameter or the vehicle relative pose (0096, vehicles in the vicinity, locally on vehicle 310 or remotely or some combination), the calibration parameter defining a sensor pose of the sensor relative to the vehicle (0097, to calibrate the position and direction of the field of view of the LIDAR relative to the center of mass); and the vehicle relative pose defining a transformation of the vehicle from the first vehicle pose to the second vehicle pose (0096, vehicles in the vicinity, locally on vehicle 310 or remotely or some combination).
Baker did not described the vehicle traveling in a curve from the first vehicle pose to the second vehicle pose; identify the stationary object as a stationary object at the first relative position and at the second relative position and actuate a component of the vehicle based on the one of the calibration parameter or the vehicle relative pose.
SZCHEBA described the vehicle traveling in a curve from the first vehicle pose to the second vehicle pose (011, 0150, fig. 28-34, curve with other vehicle); identify the stationary object as a stationary object at the first relative position and at the second relative position and actuate a component of the vehicle based on the one of the calibration parameter or the vehicle relative pose (0214, stationary signpost, fig. 32, 0111, 0150, with other vehicle) for the advantage of for alarming the condition of drowsy driver made drive safer (abstract, 0157).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Baker to have the vehicle traveling in a curve from the first vehicle pose to the second vehicle pose; identify the stationary object as a stationary object at the first relative position and at the second relative position and actuate a component of the vehicle based on the one of the calibration parameter or the vehicle relative pose taught by SZCHEBA for the advantage of for alarming the condition of drowsy driver made drive safer.
Regarding claim 20:
Baker described a method comprising: receiving first sensor data from a sensor of a vehicle indicating a first relative position of a stationary object (0012, stationary features), the first relative position detected while the vehicle is in a first vehicle pose (0012, relative to a center of rotation of the vehicle); receiving second sensor data from the sensor indicating a second relative position of the stationary object, the second relative position detected while the vehicle is in a second vehicle pose having a different orientation than the first vehicle pose (0096, vehicles in the vicinity); and
determining one of a calibration parameter or a vehicle relative pose based on the first relative position, the second relative position (0096, vehicles in the vicinity, locally on vehicle 310 or remotely or some combination), and the other of the calibration parameter or the vehicle relative pose, he calibration parameter defining a sensor pose of the sensor relative to the vehicle (0097, to calibrate the position and direction of the field of view of the LIDAR relative to the center of mass); and the vehicle relative pose defining a transformation of the vehicle from the first vehicle pose to the second vehicle pose (0096, vehicles in the vicinity, locally on vehicle 310 or remotely or some combination).
Baker did not described the vehicle traveling in a curve from the first vehicle pose to the second vehicle pose; identify the stationary object as a stationary object at the first relative position and at the second relative position and actuate a component of the vehicle based on the one of the calibration parameter or the vehicle relative pose.
SZCHEBA described the vehicle traveling in a curve from the first vehicle pose to the second vehicle pose (011, 0150, fig. 28-34, curve with other vehicle); identify the stationary object as a stationary object at the first relative position and at the second relative position and actuate a component of the vehicle based on the one of the calibration parameter or the vehicle relative pose (0214, stationary signpost, fig. 32, 0111, 0150, with other vehicle) for the advantage of for alarming the condition of drowsy driver made drive safer (abstract, 0157).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Baker to have the vehicle traveling in a curve from the first vehicle pose to the second vehicle pose; identify the stationary object as a stationary object at the first relative position and at the second relative position and actuate a component of the vehicle based on the one of the calibration parameter or the vehicle relative pose taught by SZCHEBA for the advantage of for alarming the condition of drowsy driver made drive safer.
Regarding claim 3, Baker further described include instructions to determine the calibration parameter based on the first relative position of the stationary object, the second relative position of the stationary object, and the vehicle relative pose (0042-0044, earth frame, stationary objects).
Regarding claim 4, Baker further described to determine the vehicle relative pose based on motion data of the vehicle (0041-0042, radial motion relative to the sensor).
Regarding claim 5, Baker further described wherein the vehicle relative pose includes a vehicle translation and a vehicle rotation, and the motion data defines the vehicle translation and the vehicle rotation (0114, rotation).
Regarding claim 6, Baker further described receive sensor data indicating a plurality of relative positions of the stationary object, the relative positions including the first relative position and the second relative position, the relative positions detected while the vehicle is in a plurality of vehicle poses including the first vehicle pose and the second vehicle pose; and determine a plurality of vehicle relative poses between pairs of the vehicle poses of the vehicle, the vehicle relative poses including the vehicle relative pose (0096, 0160, vehicles in the vicinity, locally on vehicle 310 or remotely or some combination real-time).
Regarding claim 7, Baker further described to determine the calibration parameter based on the relative positions of the stationary object and the vehicle relative poses (0006, stationary and 0011, relative, 0096, 0160, vehicles in the vicinity, locally on vehicle 310 or remotely or some combination real-time).
Regarding claim 8, Baker further described the vehicle poses are nonconsecutive (0041, faster slower radial motion).
Regarding claim 9, Baker further described wherein at least one of the vehicle poses of the vehicle is in at least two of the pairs (0076, return pairs).
Regarding claim 10, Baker further described wherein at least one of the vehicle poses of the vehicle is in at least three of the pairs (0080, 2 dimensional (2D) array of paired, fig. 22, 23, many pairs).
Regarding claim 11, Baker further described wherein the plurality of the vehicle poses of the vehicle is nonlinear (0164, 0166, nonlinear).
Regarding claim 12, Baker further described wherein the calibration parameter includes a sensor orientation of the sensor relative to the vehicle (0006-0010, center of rotation of the vehicle).
Regarding claim 13, Baker further described wherein the vehicle relative pose includes a vehicle rotation, and the instructions further include instructions to determine the sensor orientation based on the first relative position of the stationary object, the second relative position of the stationary object, and the vehicle rotation (0012, station, relative rotation).
Regarding claim 14, Baker further described wherein the vehicle relative pose includes a vehicle translation, and the instructions to determine the sensor orientation include instructions to determine the sensor orientation without the vehicle translation (0166-0167, Kalman filter).
Regarding claim 15, Baker further described wherein the calibration parameter includes a sensor position of the sensor relative to the vehicle, the vehicle relative pose includes a vehicle translation, and the instructions further include instructions to determine the sensor position based on the vehicle rotation and the vehicle translation (0012, station, relative rotation).
Regarding claim 16, Baker further described instructions to determine the vehicle relative pose based on the first relative position of the stationary object, the second relative position of the stationary object, and the calibration parameter (0012, 0097-0098, station, relative calibration).
Regarding claim 17, Baker further described wherein the calibration parameter includes a sensor orientation of the sensor relative to the vehicle and a sensor position relative to the vehicle (0012, 0097-0098, relative).
.
Regarding claim 18, Baker further described wherein the vehicle relative pose includes a vehicle translation and a vehicle rotation (0012, station, relative rotation).
Regarding claim 19, Baker further described wherein the sensor is one of a radar, a lidar, or a camera (0055, radar, lidar, cameras).
Response to Arguments
Applicant's arguments with respect to the amended claims have been considered but are moot in view of the new ground(s) of rejection. However, applicant's arguments filed 09/24/2025 have been fully considered but they are not persuasive.
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.
Contact information
3. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
October 6, 2025
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