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 .
Status of Claims
This action is in reply to the Application Number 18/428,586 filed on 1/31/2024.
Claim 2 has been cancelled.
Claims 1, 3-19 are currently pending and have been examined.
This action is made FINAL in response to the “Amendment” and “Remarks” filed on
12/2/2025.
Claim Rejections - 35 USC § 102
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.
Claims 1, 5, 7, 8, 11, 13, 14, 17, 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wray (U.S. Patent Publication 2022/0306156 A1).
In regard to Claim 1, Wray teaches a method of generating a HD map and lane trajectory for an autonomous vehicle based on an SD map, the method comprising:
Receiving images from one or more image sensors mounted on a vehicle (see Paragraph 29 lines 5-11, Paragraph 45 lines 1-4, Paragraph 61 lines 7-11 teaching a vehicle route planning system for an autonomous vehicle wherein the vehicle includes sensors, such as cameras);
Via a vehicle processor, generating perception data from the received images, wherein the perception data provides a representation of an environment proximate to the vehicle (see Paragraph 49 lines 3-6, Paragraph 53 lines 1-5, Paragraph 223 lines 1-7 teaching that the sensor data can be recorded as point clouds, images, or coordinates, by a processor 133, wherein the sensor data can be collected while the vehicle is traversing, and used to construct or augment a map around the vehicle);
Receiving a standard definition (SD) map corresponding with the environment proximate to the vehicle (see Paragraph 41 teaching that the vehicle can plan routes using standard definition map data);
Via the vehicle processor, generating a high definition (HD) map corresponding with the environment proximate to the vehicle based on the SD map and the perception data (see Paragraph 46 lines 1-5 teaching that sensor data can be used to supplement the SD map with HD information), wherein the HD map is generated locally at the vehicle and is not received by the vehicle from a remote server (see Paragraph 214 lines 10-13 teaching that while the vehicle is traversing, sensor data can be used to collect HD information, which can be used to construct or augment an HD map of the vehicle); and
Via the vehicle processor, generating lane-level trajectory associated with a planned route for the vehicle utilizing the HD map (see Paragraph 46 lines 1-5, Paragraph 62 lines 2-7, Paragraph 234 lines 1-5 teaching that HD data can be used for lane-level trajectory planning, based on HD map data).
In regard to Claim 5, Wray further teaches wherein the lane-level trajectory is generated based on a prior trajectory provided by the SD map (see Paragraph 42 lines 8-10, Paragraph 46 lines 1-5 teaching that the SD map may include coordinates for navigation, and wherein the SD map is supplemented so as to be used for lane-level route planning).
In regard to Claim 7, Wray further teaches executing autonomous driving commands to autonomously navigate the vehicle based on the lane-level trajectory and the HD map (see Abstract, Paragraph 46 lines 1-5 teaching that sensor data can be used to supplement the SD map with HD information, so that the SD map can be used for lane-level route planning for autonomous driving).
In regard to Claim 8, Wray further teaches a vehicle processor located on-board the vehicle and in communication with the image sensors, wherein the vehicle processor is programmed (see Figure 1, Paragraph 53 lines 13-18 teaching that the vehicle controller 130 includes a processor 133 and a sensor 136, which are electronically connected).
The rest of Claim 8 is substantially similar to Claim 1 (the bulk of both claims). Please see the rejection of Claim 1 above for analysis.
Claim 11 is substantially similar to Claim 5 (the bulk of both claims). Please see the rejection of Claim 5 above for analysis.
Claim 13 is substantially similar to Claim 7 (the bulk of both claims). Please see the rejection of Claim 7 above for analysis.
Claim 14 is substantially similar to Claim 1 (the bulk of both claims). Please see the rejection of Claim 1 above for analysis.
Claim 17 is substantially similar to Claim 5 (the bulk of both claims). Please see the rejection of Claim 5 above for analysis.
Claim 19 is substantially similar to Claim 7 (the bulk of both claims). Please see the rejection of Claim 7 above for analysis.
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 of this title, 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 3, 6, 9, 12, 15, 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wray (U.S. Patent Publication 2022/0306156 A1) in view of Wheeler (U.S. Patent Publication 2021/0172756 A1).
In regard to Claim 3, Wray fails to teach wherein the perception data includes lane lines, and wherein the generating the lane-level trajectory includes generating a centerline based on the lane lines, wherein the centerline is associated with the planned route for the vehicle.
However, Wheeler teaches wherein the perception data includes lane lines, and wherein the generating the lane-level trajectory includes generating a centerline based on the lane lines, wherein the centerline is associated with the planned route for the vehicle (see Abstract lines 5-8, Paragraph 56 lines 3-5 teaching an autonomous vehicle lane line creation system wherein the system generates lane lines for route navigation, based on camera image pixels, and locates center lines of the lane lines).
Wray and Wheeler are both considered to be analogous to the claimed invention because they are in the same field of systems that generate or update maps for use by autonomous vehicles. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wray’s invention to incorporate a feature that uses sensor data to identify edge lines and center lines of driving lanes as taught by Wheeler. Doing so could improve an autonomous driving system by providing a scheme that can laterally align a vehicle with a driving area based on sensor data pertaining to the edges of the road, as well as the center. This could be helpful on roads that have excessively wide or narrow widths, in which the edges of the road may not be sufficient to determine where the vehicle should be positioned across the road as it travels.
In regard to Claim 6, Wray fails to teach wherein the one or more image sensors includes a lidar sensor.
However, Wheeler teaches wherein the one or more image sensors includes a lidar sensor (see Paragraph 65 lines 7-10 teaching that the sensor includes a LIDAR).
Wray and Wheeler are both considered to be analogous to the claimed invention because they are in the same field of systems that generate or update maps for use by autonomous vehicles. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wray’s invention to incorporate a LIDAR sensor as taught by Wheeler. Doing so could improve a vehicle mapping system by incorporating environmental data that is only ascertainable by LIDAR sensors.
Claim 9 is substantially similar to Claim 3 (the bulk of both claims). Please see the rejection of Claim 3 above for analysis.
In regard to Claim 12, Wray fails to teach wherein the plurality of image sensors includes both a camera and a lidar sensor.
However, Wheeler teaches wherein the plurality of image sensors includes both a camera and a lidar sensor (see Paragraph 65 lines 7-10 teaching that the sensors includes a camera and a LIDAR).
Wray and Wheeler are both considered to be analogous to the claimed invention because they are in the same field of systems that generate or update maps for use by autonomous vehicles. vehicles. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wray’s invention to incorporate a camera and a LIDAR sensor as taught by Wheeler. Doing so could improve a vehicle mapping system by incorporating environmental data that is ascertainable by both cameras and LIDAR sensors.
Claim 15 is substantially similar to Claim 3 (the bulk of both claims). Please see the rejection of Claim 3 above for analysis.
Claim 18 is substantially similar to Claim 6 (the bulk of both claims). Please see the rejection of Claim 6 above for analysis.
Claims 4, 10, 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wray (U.S. Patent Publication 2022/0306156 A1) in view of Wheeler (U.S. Patent Publication 2021/0172756 A1), in further view of Miyawaki (U.S. Patent Publication 2023/0127678 A1).
In regard to Claim 4, Wray fails to teach wherein the method, via the vehicle processor, utilizes the centerline in downstream planner tasks.
However, Miyawaki teaches wherein the method, via the vehicle processor, utilizes the centerline in downstream planner tasks (see Abstract teaching a vehicle driving system that sets a center line passing through a center of a travelable width of an own vehicle within a current lane as a target traveling line, and autonomously steers the own vehicle such that a reference point of the own vehicle moves along the target traveling line).
Wray and Miyawaki are both considered to be analogous to the claimed invention because they are in the same field of vehicle control system. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wray’s invention to incorporate a feature wherein a centerline is used for subsequent vehicle operational processes as taught by Miyawaki. Doing so could improve an autonomous driving feature of a vehicle, by ensuring that the vehicle stays centered within a driving space while in motion.
Claims 10, 16 are substantially similar to Claim 4 (the bulk of both claims). Please see the rejection of Claim 4 above for analysis.
Response to Arguments
The Applicant’s arguments and remarks with regard to the 35 U.S.C. 102 rejection of Claim 1 has been fully considered but are not persuasive.
The Applicant argues that the Wray reference does not teach or disclose wherein the HD map is generated locally at the vehicle and is not received by the vehicle from a remote server. The Examiner disagrees. While the Wray reference fails to definitively state whether every embodiment or implementation of the disclosed subject matter involves HD map generation locally at a vehicle, or at a remote server, a person having ordinary skill in the art could understand the map generation to happen locally in light of the following language:
Paragraph 47 lines 3-5 teach wherein an autonomous vehicle (AV) can generate its own HD map.
Paragraph 215 line 3-Paragraph 216 line 2 teach that the system 1300 can include a mapper 1304, and wherein the mapper can be implemented in a vehicle 100.
Paragraph 224 lines 1-4 teach that the mapper 1304 can use the data of HD sensors collected while an SD lane or an SD route segment is being traversed, and that the HD sensor data can be said to become the HD map for that SD lane or SD route segment.
Paragraph 214 lines 10-19 teach that while the AV is traversing, sensor data can be used to construct an HD map, and wherein sensed information can be added to or CAN CONSTITUTE the HD map.
Teaching that sensor data obtained by a vehicle as it traverses a route can BECOME an HD map of the vehicle could potentially indicate that the data is not transmitted to another entity for map creation. The Wray reference’s language could be interpreted by one of ordinary skill in the art to mean that in certain embodiments, the HD map generation takes place in the absence of a communication relay to a server via a network.
The Applicant further argues that Wray does not disclose that the vehicle processor generates the lane-level trajectory associated with a planned route utilizing the HD map. The Examiner disagrees. Paragraph 234 lines 1-5 teaches that DC information determined based on a newly generated HP map of the road can be used in subsequent planning by the lane-level route planner. Furthermore, Paragraph 62 lines 2-7 teaches that the trajectory controller may be operable to obtain information describing a current state of the vehicle 100 and a route planned for the vehicle 100, and, based on this information, to determine and optimize a trajectory for the vehicle 100. The Wray reference teaches generating lane-level trajectories for planned routes using HD map data.
The previously presented claims remain rejected for reasons similar to those used to reject Claim 1, or under the rationales provided in the previous office action.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL W ARELLANO whose telephone number is (571)270-0102. The examiner can normally be reached M-F 7:30-4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramon Mercado, can be reached on (571) 270-5744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL W ARELLANO/Examiner, Art Unit 3658
/Ramon A. Mercado/Supervisory Patent Examiner, Art Unit 3658