CTNF 18/574,098 CTNF 95710 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION This is the first non-final office action on the merits. Claims 13-24 are currently pending. Priority 02-27 AIA Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE10 2021 206 475.2 , filed on 06/23/2021 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/26/2023 has been received and considered by the examiner. Drawings The drawings are accepted. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claim 22 is 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 22 recites the limitation “capturing von 3D image data” in line 2. It is unclear what the applicant means by the phrase “von”. For examination purposes, “capturing von 3D image data” has been construed as “capturing 3D image data”. Claim 22 recites the limitation "the environment" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, "the environment" has been construed as "an environment". Allowable Subject Matter 12-151-07 AIA 07-97 12-51-07 Claim s 13-21 and 23-24 are allowed. Claims 22 is rejected, but will be allowable if rejections in view of 35 USC § 112 second paragraph are overcome. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 13 and its depending claim(s) 14-20 and 23-24, the closest prior art reference Sharma et al. (US 20220207852 A1) teaches: A method for obstacle identification for a vehicle (through obstruction identification model 400; para. 0051), the method comprising: capturing 3D image data from a surrounding area of the vehicle (para. 0052-0053); generating 2D image data on a basis of the 3D image data (convert 3D representation to 2D representation; para. 0056); detecting and localizing seeds in the 2D image data (extrapolate the seed segment using a 2D representation of coordinates; para. 0075); detecting whether the pixel (pixels) is part of an object that projects above a level of a terrain (detection ground plane; para. 0076), being a function of whether a difference between the depth value of the pixel and the depth value of the seeds overshoots a predetermined threshold value (when the pixels have 3D coordinates above a threshold height, the pixels are binned as obstructions; para. 0076); and when the pixel is detected as part of an object that projects above the level of the terrain (detection ground plane), ascertaining whether the object represents a potential collision obstacle, as a function of at least one of a position or a detected movement of the object (the obstruction module 342 plans a path for the vehicle to avoid obstructions based on the coordinate of the obstructions; para. 0077). However, Sharma fails to teach the following limitations: the obstacle identification is for a rail vehicle, wherein the rails are detected and localized in the 2D image data; the method of ascertaining depth data in the 2D image data on a basis of the 3D image data; dividing the 2D image data into line-shaped image segments each having a respective rail section with a constant depth; comparing a depth value of a pixel of a line-shaped image segment outside of the rails with the respective depth value of the rails While Sharma teaches the method of detecting and localizing seeds in the 2D image data (extrapolate the seed segment using a 2D representation of coordinates; para. 0075), the examiner finds no obvious reason to modify Sharma to detect and localize rails in the 2D image data, ascertain depth data in the 2D image data on a basis of the 3D image data, divide the 2D image data into line-shaped image segments each having a respective rail section with a constant depth, and compare a depth value of a pixel of a line-shaped image segment outside of the rails with the respective depth value of the rails. Such modifications would require improper hindsight reasoning. While another reference Ding et al. (US 9436987 B2) teaches the methods of: accessing a 3D point cloud representation of the target object at a given pose position; accessing a 2D (i.e. two dimensional) image segmentation of the target object, wherein the 2D image segmentation is generated from a 2D image of the target object at the given pose position; identifying a first end-point and a second end-point of the 2D image segmentation, the first end-point being at an opposite end of the 2D image segmentation as the second end-point; and correlating the first and second end-points to corresponding first and second 3D points of the 3D point cloud representation (col. 4, lines 30-44), Ding also does not teach comparing a depth value of a pixel of a line-shaped image segment outside of the rails with the respective depth value of the rails. Such a modification would require modifications to a modifying reference. Regarding claim 21 and its depending claim(s) 22, the prior art fails to teach a depth data ascertaining unit for ascertaining depth data in the 2D image data on a basis of the 3D image data; an allocation unit for dividing the 2D image data into line-shaped image segments each with a rail section at a constant depth value; a comparison unit for comparing a depth value of a pixel of a line-shaped image segment outside of the rails with the respective depth value of the rails. Claims 21-22 are allowable for the same reasons as independent claim 13 above . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure of an obstacle or obstruction identification method that detects whether pixels deviates enough from a depth profile to indicate an object: US-7741961-B1, US-10144441-B2, US-20210046959-A1, US-11631240-B2, WO-0077736-A1, DE-102014206473-A1, EP-2933778-A1, DE-102016216500-A1, KR-20170121933-A, CN-107636680-A, JP-6307037-B2, EP-3705371-A1, CN-112417967-A, CA-3157749-A1 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENG XI LIN whose telephone number is (571)272-6102. The examiner can normally be reached Mon. through Fri. 9:00am to 6:00pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano can be reached at 5712726684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHENG LIN/Examiner, Art Unit 3615 Application/Control Number: 18/574,098 Page 2 Art Unit: 3615 Application/Control Number: 18/574,098 Page 4 Art Unit: 3615 Application/Control Number: 18/574,098 Page 5 Art Unit: 3615 Application/Control Number: 18/574,098 Page 6 Art Unit: 3615
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