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 .
The current application is CON. application No. 16/460775, now Pat. No. 11815617, relates to the PCT/EP2017/084835, and the Foreign Application priority EP-17150342.8 filed on 01/05/2017.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicants’ submission filed on 07/15/2026 has been entered.
Response to Amendment/Arguments
Applicants’ amendments and arguments filed 07/15/2026 have been fully considered. Examiner responds to the Applicant’s argument as the following reasons:
Regarding the 101 Rejection: Applicant argues that the claimed limitations of claim 68 of “fusing data” and “transmitting the result of fusing” are no longer reads on a person mentally combining two data sets and passing on a result. Examiner disagrees to the Applicant’s argument. The functions of (receiving, providing, fusing, and transmitting) the data (e.g., claims 45 & 68) lead to an abstract idea. The functions can be done by a person’s idea for data transferring. The elements (receiver unit, processor unit, and transmitter unit which are well-known elements, a generic computer to implement an abstract idea. The 101 Rejection is updated as shown below.
Regarding the 103 Rejection: Applicant argues that Yang and Cheng do not teach Fusing the received HD map with sensor data to provide a new HD map and transmitting the result of fusing. Examiner disagrees and still remains the claimed rejection as shown below.
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 45-71 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Independent claims 45 & 68:
Claim 45: An apparatus comprising:
a receiver unit configured to receive data representing a second high-definition map;
a processor unit is configured for obtaining sensor data representing an environmental condition in a periphery of a device; the sensor data comprising information about a size, a speed and/or a position of an object in the periphery; and is configured to fuse the second high-definition map and the sensor data so as to provide a first high-definition map;
a transmitter unit configured for transmitting a result of fusing the second high- definition map and the sensor data.
Claim 68. A method for generating fusing sensor data and a first high high-definition map, the method comprising:
Providing a first high-definition map;
Providing sensor data with a sensor unit, the sensor data representing an environment condition in a periphery of an apparatus, the sensor data comprising information about a size, a speed and/or a position of an object in the periphery.
Receiving data representing a record high-definition map;
Fusing the second high-definition map the second high-definition map and the sensor data so a to provide the first high-definition map; so that the first high-definition map comprises a first degree of resolution in a region of interest and comprises a second degree of resolution in a region outside the region of interest ….
Transmitting a result of fusing the second high-definition map and the sensor data.
101 Analysis - Step 1: Statutory category – Yes
The claims recite an apparatus and method including elements and function steps according. The claims fall within one of the four statutory categories. MPEP 2106.03
101 Analysis - Step 2A Prong one evaluation: Judicial Exception – Yes – Mental processes.
In Step 2A, Prong one of the 2019 Patent Eligibility Guidance (PEG), a claim is to be analyzed to determine whether it recites subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b) mental processes, and/or c) certain methods of organizing human activity.
The Office submits that the foregoing bolded limitation(s) constitutes judicial exceptions in terms of “mental processes” because under its broadest reasonable interpretation, the limitations can be “performed in the human mind, or by a human using a pen and paper”. See MPEP 2106.04(a)(2)(III)
The claim recites the limitation of “receive data representing a second high-definition map”; “obtaining sensor data …”; “transmitting a result of fusing the second high-definition map and the sensor data” in claim 45; and the limitation of “providing a first high-definition map”; “providing sensor data …”; “receiving data representing a second high-definition map”; “fusing the second high-definition map and the sensor data …”; “transmitting a result of fusing …” in claim 68 . Those limitations, as drafted, are simple processes that, under broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of (e.g., claim 45) the processing functions are done by generic and well-known elements such as “a receiver unit”; “a processor unit” and “a transmitter unit” which do not take the claim limitations out of the mental process grouping.
Thus, the claims recites a mental process.
101 Analysis - Step 2A Prong two evaluation: Practical Application – No
In Step 2A, Prong two of the 2019 PEG, a claim is to be evaluated whether, as a whole, it integrates the recited judicial exception into a practical application. As noted in MPEP 2106.04(d), it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception. The courts have indicated that additional elements such as: merely using well-known elements, a generic computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
The Office submits that the foregoing bolded limitation(s) recite additional elements that do not integrate the recited judicial exception into a practical application.
The claims recite elements and functions as discussed above which amount to mere data gathering that form of insignificant extra-solution activity.
Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
101 Analysis - Step 2B evaluation: Inventive concept – No
In Step 2B of the 2019 PEG, a claim is to be evaluated as to whether the claim, as a whole, amounts to significantly more than the recited exception, i.e., whether any additional element, or combination of additional elements, adds an inventive concept to the claim. See MPEP 2106.05.
Under the 2019 PEG, the conclusion that the elements and functions discussed above are insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B. Here, the elements and functions discussed above were insignificant extra-solution activity in Step 2A, and thus they are re-evaluated in Step 2B to determine if they are more than what is well-understood, routine, conventional activity in the field. The background recites that the autonomous driving for car navigation system using a HD map collected by sensor unit such as LiDAR for sensing objects in the field environment of the car, a processing unit for calculating a HD map supporting and a millimeter wave transmitter unit to relay the HD map calculated in real-time which are all conventional elements mounted on the vehicle and an apparatus which indicated the mere claimed elements and functions for collecting and transferring data are well-known, routine, and conventional function
MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here). Further, the Federal Circuit in Trading Techs. Int’l v. IBG LLC, 921 F.3d 1084, 1093 (Fed. Cir. 2019), and Intellectual Ventures I LLC v. Erie Indemnity Co., 850 F.3d 1315, 1331 (Fed. Cir. 2017). Accordingly, the conclusion that the functions are well-known, conventional activity which supported under Berkheimer.
Thus, the claims are ineligible.
Dependent Claims
Dependent claims(s) 46-67 & 69-71 do not recite any further limitations that cause the claim(s) to be patent eligible. Rather, the limitations of the dependent claims are directed toward additional aspects of the judicial exception and/or well-understood, routine and conventional additional elements that do not integrate the judicial exception into a practical application. Therefore, the dependent claims are not patent eligible under the same rationale as provided for in the rejection of claim 45 & claim 68.
Therefore, claim(s) 45-71 is/are ineligible under 35 USC §101.
Claim Rejections - 35 USC § 112
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 45, 47 & 68 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 45 is unclear because the claim recites “a receiver unit configured to receive data representing a second high-definition map” followed by “a first high-definition map” produced after fusing the 2nd HD map with sensor data. The HD maps are not introduced or numbered in a logical order. Applicant is required to correct the map data numbering so that the first and second HD map data are consistently identified in their proper order.
Claim 46 recites “a command generator unit configured to generate a command signal representing a vehicle control command for a vehicle carrying the apparatus based on the first high-definition map”, wherein the underline is unclear. The claim fails to define whether the generator unit generates a command signal for control a vehicle (which includes or carries the apparatus) moving or navigating based on the 1st HD map or control a vehicle carrying the apparatus?
Claim 68, recites “fusing the second high-definition map and the sensor data so as to provide the first high-definition map; so that the first high-definition map comprises a first degree of resolution in a region of interest and comprises a second degree of resolution in a region outside the region of interest, wherein the first degree of resolution is higher than the second degree of resolution” is indefinite. The claim claims clauses of “so as” and “so that” which provides language that suggests or makes optional but does not require steps to be performed or does not limit the scope of a claim limitation. Accordingly, the meters and bound of the claim cannot be ascertained by one having ordinary skill in the art.
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) 45-68 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (20180189578). in view of Zeng (20100198513)
With regard to claims 45, Yang discloses HD Map System 100 which comprises a HD map system 110 (a server), multiple vehicles 150, see Fig. 1):
a receiver unit configured to receive data representing a second high-definition map (Vehicle 150 make a request for HD map data for driving along a route which is transmitted by the HD map system 110, see [0059], wherein the data communication between the HD map system 110 and the vehicle 150 via a network or using custom and dedicated data communication technologies, see [0068] which interprets that the HD map system 110 and vehicle 150 contains transceiver (transmitter and receiver) components for data communication, see [0068]);
a processor unit is configured for obtaining sensor data representing an environmental condition in a periphery of a device, the sensor data comprising information about a size, a speed and/or a position of an object in the periphery (The vehicle computing system 120 processes various type of data including sensor data 230 which includes data collected by cameras, LIDAR, IMU, GPS that presenting an environmental condition in a periphery of the vehicle, see [0069]-[0070]+); and is configured to fuse the second high-definition map and the sensor data so as to provide a first high-definition map (a map update API 285 manages operations related to update of map data. Wherein the API 285 determines whether the information monitored by the vehicle sensors indicates a discrepancy in the HD map provided by the HD map system 110 for updating the map data, see [0081]+, wherein the updated map data is equivalent of “fusing” the HD map provided by HD map system 101 and the sensor data provided by the vehicle’s sensor),
a transmitter unit configured for transmitting a result of fusing the second high- definition map and the sensor data (the vehicle computing system 120 invokes the map update API 285 uploads the update map data to the map system 110, see [0081]. Beside that at [0068] the HD map data communicated between the HD map system 110 and the vehicle 150 also using custom and dedicated data communication technologies, see [0068] which interprets that the HD map system 110 and vehicle 150 contains transceiver (transmitter and receiver) components for the updated HP map data communication);
Although Yang’s disclosure teaches the vehicle enables updating the stored HD map (received from the server) with the current information captured by vehicle’s sensor system (see above), it does not explicitly use the term “fusing” the received map and the sensor data.
Zeng discloses a system with multiple vehicles. The vehicle itself receives the remote vehicle’s information, fuses the information with its sensing data to contract the vehicle’s object map surrounding (see [0022]+ or [0023]+).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Yang by including using the processing of fussing the received data with the sensing data as taught by Zeng. The combination of Yang and Zeng is an adapted system for producing the high precision HD map for the vehicle navigating autonomous with safety
With regarding to claim 46, Yang teaches that the apparatus if claim 45, comprising: a command generator unit configured to generate a command signal representing a vehicle control command for a vehicle carrying the apparatus based on the first high-definition map (the planning module plans the subsequent action to be taken by the vehicle to the control module 225 which determines and controls signals for the controls 130 that causes the vehicle to move, see [0071]-[0073]+).
With regarding to claim 47, Yang teaches that the apparatus of claim 45, wherein the second high-definition map is a map with a high information resolution and enables a vehicle to be driven autonomously and covers an area that is wider or larger when compared to a range being sensed with the sensor unit (the HD map system provides the vehicle with access to the map data that is relevant for autonomous driving of the vehicle, see [0102]-[0103]+).
With regarding to claim 48, Yang teaches that the apparatus of claim 45, wherein the processor unit is configured for renewing or updating data of the received second high-definition map in the first high-definition map by the sensor data with the fusing (the HD-map system builds high definition maps based on the collective information received from vehicles and stores the HD map information in the HD maps, see [0062]-[0063]+).
With regarding to claim 49, Yang teaches that the apparatus of claim 45, wherein the processor unit is configured for renewing or updating data of the received second high-definition map in the first high-definition map by the sensor data with the fusing, and wherein the processor unit is configured to update or to refresh only such areas or data objects in the second high-definition map for which sensor data is available (see [0075]+).
With regarding to claim 50, Zeng teaches that the apparatus of claim 45, configured to communicate to a conventional V2X network and/or a backhaul network that receives and/or transmits information indicating a speed for nodes in the network ( see [0018]-[0020]+).
With regarding to claim 51, Yang teaches that the apparatus of claim 45, wherein the receiver unit is configured to receive data representing at least a third high-definition map; wherein the processor unit is configured to fuse the second high-definition map, the third high-definition map and the sensor data so as to provide the first high-definition map (the vehicle computing system 120 includes HP map application programming interface 205 which includes multiple HD maps API modules, see [0075]-[0080]+) .
With regarding to claim 52, Yang teaches that the apparatus of claim 45, wherein an area of the first high-definition map is greater than an area of the periphery (Fig.6A shows a square geographical region 610a, Fig 6B shows two neighboring geographical regions 610a and 610b. The online HD map system 110 stores data of a geographical region that allows for smooth transition from one geographical region to another as a vehicle drives across geographical region boundaries, see [0099]+).
With regarding to claim 53, Zeng teaches that the apparatus of claim 45, wherein the receiver unit is configured to receive the second high-definition map using a millimeter-wavelength signal and/or to transmit the first high-definition map using the millimeter-wavelength signal (see [0017]+).
With regarding to claim 54, Yang teaches that the apparatus of claim 45, wherein the processor unit is configured to receive information indicating a region of interest in the first high-definition map and to provide the first high-definition map to comprise a first degree of resolution in the region of interest and so as to comprise a second degree of resolution in a region outside the region of interest, wherein the first degree of resolution is higher than the second degree of resolution (generate and maintain HD maps that are accurate and include the most updated road conditions for safe navigation, wherein the HD map process the current location of the autonomous vehicle relative to the lanes of the road precisely to allow the autonomous vehicle to drive safety, see [0055]+. Wherein, the local API 250 determines the current location of the vehicle in which the vehicle can use the location as an accurate relative position for making other queries. The output of the localize API have prevision range from 5-10 cm, see [0076] +), wherein the landmark map API 255 provides the geometric and semantic description of the world around the vehicle, see [0077]+).
With regarding to claims 55-56, these claims are design choices of the first degree is higher than the second degree by a factor of at least 2, and a portion of region at most 50% of the HD map in an expected way of implementing of Yang with no new or unexpected result.
With regarding to claim 57-59, Yang teaches that the apparatus of claim 45, wherein the transmitter unit is configured for transmitting the first high-definition map with a bit rate that is at least 2 Gbps, the data size of 2.75 Mbyte (the data exchanged over the network using high technologies and format, see [0068] which meets the scope of the claims..
With regarding to claim 60, Yang teaches that the apparatus of claim 45, wherein the processor unit is configured to generate the first high-definition map so as to comprise map information within a radius of at least 300 m around the apparatus, (see [0139]+).
With regarding to claim 61, Yang teaches that the apparatus of claim 45, wherein the sensor unit is configured to scan the periphery of the apparatus using an imaging technique for providing the sensor data, wherein the environmental condition is a distance to detected objects within the periphery, see [0065]+.
With regarding to claim 62, Yang teaches that the apparatus of claim 45, wherein the sensor unit comprises a LiDAR sensor, see [0065]+.
With regarding to claim 63, Yang teaches that the apparatus of claim 45, wherein the processor unit is configured to determine a portion of details of the first high-definition map relating to a traffic parameter of the apparatus in the first high-definition map, wherein the apparatus comprises a legacy interface configured to transmit the portion of details according to a legacy V2V or V2X communication scheme, see [0064]+.
With regarding to claim 64, Yang teaches that the apparatus of claim 45; wherein the sensor unit is configured to scan the periphery of the apparatus using a LiDAR sensor,
wherein the environmental condition is a distance to detected objects within the periphery, see [0065]+);
wherein the second high-definition map is a map received from a further apparatus, the second high-definition map comprising information relating to objects in an area of the second high-definition map generated by the further apparatus, (see [0069]-[0080]+) ; and
wherein the processor unit is configured to adapt the information relating to the objects using the distance between the apparatus and the objects detected by the sensor unit and using an actual position of the apparatus, see [0068]+).
With regarding to claim 65, Yang teaches that the apparatus of claim 45, wherein the processor unit is configured to generate the first high-definition map to comprise a same coordinate system when compared to the second high-definition map, see [0076]+).
With regarding to claim 65, Yang teaches that the apparatus of claim 45, wherein the processor unit is configured to fuse the second high-definition map, the sensor data and a static map so as to provide the first high-definition map, wherein the apparatus is configured to not transmit the static map when transmitting a result of fusing the second high-definition map and the sensor data (the updated portion of HD map is sent to the server and other vehicles, see [0064]+) .
With regarding to claim 67, Yang teaches that the apparatus of claim 45, wherein the processor unit is configured to generate the first high-definition map so as to comprise information indicating an age of information of the first high-definition map, wherein the processor unit is configured to discount aged information in the second high-definition map when providing the first high-definition map, the aged information comprising an age above a threshold value.(the updated map is updated and stored into the local HD map 275, see [0064]+
With regarding to claims 68, Yang discloses a method for generating a first HD map:
Providing a first high-definition map (the online HD map system 110 sends 125 HD maps to individual vehicles 150, see [0063]+ or the local HD map store 275 provides HD map to the vehicle HD map application programming 205, see [0075]-[0078]+);
Providing sensor data with a sensor unit, the sensor data representing an environmental condition in a periphery of an apparatus, the sensor data comprising information about a size, a speed and a position of an object in the periphery (sensor data 230 which includes data collected by cameras, LIDAR, IMU, GPS that presenting an environmental condition in a periphery of the vehicle, see [0069]-[0070]+);
a receiver unit configured to receive data representing a second high-definition map (receive a local HD map from the local HD map store 275, see [0075][0078]+);
fusing the second high-definition map and the sensor data so as to provide the first high-definition map (a map update API 285 manages operations related to update of map data. Wherein the API 285 determines whether the information monitored by the vehicle sensors indicates a discrepancy in the HD map provided by the HD map system 110 for updating the map data, see [0081]+, wherein the updated map data is equivalent of “fusing” the HD map provided by HD map system 101 and the sensor data provided by the vehicle’s sensor), wherein the first HD map comprises a first degree of resolution in a region of interest and comprises a second degree of resolution in a region outside the region of interest. The first degree is higher than the second degree of resolution (the local API 250 determines the current location of the vehicle in which the vehicle can use the location as an accurate relative position for making other queries. The output of the localize API have prevision range from 5-10 cm, see [0076] +), wherein the landmark map API 255 provides the geometric and semantic description of the world around the vehicle, see [0077]+.
transmitting a result of fusing the second high- definition map and the sensor data (the vehicle computing system 120 invokes the map update API 285 uploads the update map data to the map system 110, see [0081]. Beside that at [0068] the HD map data communicated between the HD map system 110 and the vehicle 150 also using custom and dedicated data communication technologies, see [0068] which interprets that the HD map system 110 and vehicle 150 contains transceiver (transmitter and receiver) components for the updated HP map data communication).
Although Yang’s disclosure teaches the vehicle enables updating the stored HD map (received from the server) with the current information captured by vehicle’s sensor system (see above), it does not explicitly use the term “fusing” the received map and the sensor data.
Zeng discloses a system with multiple vehicles. The vehicle itself receives the remote vehicle’s information, fuses the information with its sensing data to contract the vehicle’s object map surrounding (see [0022]+ or [0023]+).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Yang by including using the processing of fussing the received data with the sensing data as taught by Zeng. The combination of Yang and Zeng is an adapted system for producing the high precision HD map for the vehicle navigating autonomous with safety
With regard to claim 69, Yang teaches that the apparatus of claim 45, wherein the receiver unit is configured to receive the data representing the second high-definition map with a wireless signal (the interactions between the vehicle computing systems 120 and the online HD map system 110 are performed via a network, see [0068]+).
With regard to claim 70, Yang teaches that the apparatus of claim 45, wherein the transmitter unit is configured for transmitting the result of fusing the second high-definition map and the sensor data with a wireless signal, see [0068]+.
With regard to claim 71, Zeng teaches that the method of claim 68, wherein the sensor unit provides a sensor signal comprising the sensor data, wherein the fusing comprises using the sensor signal (the fusion tracker receives the merged object and observation map, see [0023]-[0026]+).
Prior Arts Cited
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Shinkar (20220067768) discloses a navigation system with HD mapping mechanism and method of operation (see the abstract).
Conclusion
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NGA X. NGUYEN
Examiner
Art Unit 3662
/NGA X NGUYEN/Primary Examiner, Art Unit 3662
Prosecution Insights