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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The references listed in the Information Disclosure Statement filed on 11/13/2023 have been considered by the examiner (see attached PTO-1449 forms).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claimed invention is directed to an abstract idea without significantly more.
Claim 1 recites a distant LiDAR (Light Detection And Ranging) position correction method using a planar object and executed in a computing device, the distant LiDAR position correction method comprising: calculating an external matrix for each LiDAR sensor by using normal vectors for a plurality of first planar objects in point cloud data collected from a plurality of LiDAR sensors; extracting a common second planar object in the point cloud data received from each LiDAR sensor for which correction is performed using the external matrix; and performing registration for the plurality of LiDAR sensors by using the extracted second planar object, wherein the first planar object is arranged in each sensing direction of the LiDAR sensor.
Claim 8 recites a computing device comprising: a processor; and a memory communicating with the processor, wherein the memory stores commands for causing the processor to perform operations, the operations include an operation of calculating an external matrix for each LiDAR sensor by using normal vectors for a plurality of first planar objects in point cloud data collected from a plurality of LiDAR sensors, an operation of extracting a common second planar object in the point cloud data received from each LiDAR sensor for which correction is performed using the external matrix, and an operation of performing registration for the plurality of LiDAR sensors by using the extracted second planar object, and the first planar object is arranged in each sensing direction of the LiDAR sensor…
and thus grouped as Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations.
These judicial exceptions are not integrated into a practical application because the additional elements, the data gathering step, (claim 1) “collected from a plurality of LiDAR sensors” (claim 8) “obtaining measurement data of a quantity related to a horizontal position of an object” are mere data gathering that do not add a meaningful limitation to the method as they are insignificant extra-solution activity. Furthermore, the additional elements (claims 1 and 8) the “computing device and processor” are recited as performing generic computer functions routinely used in computer applications. Generic computer components recited as performing generic computer functions amount to no more than using a computer as a tool to perform an abstract idea. All of which are considered not indicative of integration into a practical application (see “Federal Register / Vol. 84, No. 4/ Monday, January 7, 2019 / Notices” – page 55, second column).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of the data gathering steps are mere data collect steps which fall under insignificant extra solution activity and deemed insufficient to qualify as “significantly more” - see MPEP 2106.05(g). The additional elements of the computing device and processor are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea and deemed insufficient to qualify as “significantly more” see MPEP 2106.05(f).
Dependent claims 2-7 and 9-14 when analyzed as a whole are patent ineligible under 35 U.S.C. §101 because the dependent claims fail to establish that the claims are not directed to an abstract idea as they are directed mathematical concepts and/or mental processes and do not add significantly more to the abstract idea.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory matter.
The claim is drawn to a “computer readable medium”. The broadest reasonable interpretation of a claim drawn to a computer readable medium covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent (see MPEP 2111.01). Because the broadest reasonable interpretation covers a signal per se, a rejection under 35 USC 101 is appropriate as covering non-statutory subject matter.
The Examiner suggests that Applicant amends the claims as follows: “non-transitory computer readable medium containing computer instructions stored therein for causing a computer processor to perform steps of”.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4, 8, 9, 11 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HABIB et al. [US Patent Application Publication 2023/0196601 A1].
Regarding claim 1, HABIB teaches a distant LiDAR (Light Detection And Ranging) position correction method using a planar object and executed in a computing device, the distant LiDAR position correction method comprising:
calculating an external matrix (rotation matrices – 0061, 0063) for each LiDAR sensor by using normal vectors for a plurality of first planar objects in point cloud data collected from a plurality of LiDAR sensors (sensor/lidar scans at each station; two lidar units collected at two scans – 0061);
extracting a common second planar object in the point cloud data received from each LiDAR sensor for which correction is performed using the external matrix (via matching strategy; image matching – 0064, 0065, 0066); and
performing registration (alignment of two point clouds to create a common coordinate system) for the plurality of LiDAR sensors by using the extracted second planar object, wherein the first planar object is arranged in each sensing direction of the LiDAR sensor (via post-coarse registration alignment - 0067).
Regarding claim 2, HABIB teaches the calculating of the external matrix includes: extracting the first planar object by filtering points in the collected point cloud data according to a critical reflection intensity ( reflect the colors in the color versions of the figures, are added around the point clouds – 0072) ; and calculating the external matrix by using a normal vector for a center point of the extracted points (a 3D plane can be defined by the normal vector to the plane and signed normal distance from the origin to the plane - 0069).
Regarding claim 4, HABIB teaches at least one of the plurality of LiDAR sensors is movable, and the external matrix of the LiDAR sensor is dynamically calculated using normal vectors for a plurality of planar objects having different patterns (figure 1 shows one or more sensors - 0042-0044).
Regarding claim 8, HABIB teaches a computing device comprising: a processor; and a memory communicating with the processor, wherein the memory stores commands for causing the processor to perform operations, the operations include an operation of calculating an external matrix (rotation matrices – 0061, 0063) for each LiDAR sensor by using normal vectors for a plurality of first planar objects in point cloud data collected from a plurality of LiDAR sensors (sensor/lidar scans at each station; two lidar units collected at two scans – 0061), an operation of extracting a common second planar object in the point cloud data received from each LiDAR sensor for which correction is performed using the external matrix (via matching strategy; image matching – 0064, 0065, 0066), and an operation of performing registration (alignment of two point clouds to create a common coordinate system) for the plurality of LiDAR sensors by using the extracted second planar object, and the first planar object is arranged in each sensing direction of the LiDAR sensor (via post-coarse registration alignment - 0067).
Regarding claim 9, HABIB teaches the operation of calculating the external matrix includes: an operation of extracting the first planar object by filtering points in the collected point cloud data according to a critical reflection intensity ( reflect the colors in the color versions of the figures, are added around the point clouds – 0072); and an operation of calculating the external matrix by using a normal vector for a center point of the extracted points (a 3D plane can be defined by the normal vector to the plane and signed normal distance from the origin to the plane - 0069).
Regarding claim 11, HABIB teaches at least one of the plurality of LiDAR sensors is movable, and the external matrix of the LiDAR sensor is dynamically calculated using normal vectors for a plurality of planar objects having different patterns (figure 1 shows one or more sensors - 0042-0044).
Regarding claim 15, HABIB teaches a computer-readable recording medium storing a program for executing the distant LiDAR position correction method according to claim 1 (computer readable storage medium - 0090).
Allowable Subject Matter
Claims 3, 5-7, 10 and 12-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Relevant Prior Art / Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xiao et al. (US Patent Application Publication 2021/0370968 A1) discloses a real-time map generation system for autonomous vehicles;
Du et al. (US Patent Application Publication 2022/0390607 A1) discloses a collaborative estimation and correction of lidar boresight alignment error and host vehicle localization error.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICKY GO whose telephone number is (571)270-3340. The examiner can normally be reached on Monday through Friday from 9:00 a.m. to 5:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen M. Vazquez can be reached on (571) 272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICKY GO/Primary Examiner, Art Unit 2857