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 .
Response to Arguments
Applicant's arguments filed 3/4/2026 regarding drawings and claims 10-16 has been fully considered. The highlighted argument is listed below and will be addressed accordingly.
Argument #1 (REMARKS, page 10): Applicant asserts that “objection appears to have been made in error. These drawings depict the motor vehicle environment, camera configuration, projection onto a calibrated base, clustering of object edge portions, formation of common object edge lines, and geometric determination of object edge height using lines of sight from different vehicle positions. The figures are referenced and described throughout the specification and facilitate understanding of the claimed subject matter. Withdrawal of the objection to the drawings is therefore respectfully requested.”
Examiner respectfully disagrees. The Applicant’s arguments on 3/4/2026 asserting that compliant drawings were previously filed have been considered but are unpersuasive. The Examiner objected to the drawings as improper. The drawings are an integral part of the disclosure used to clarify, define, and bound the claim terms. The claimed invention is highly visual; therefore, a lack of clear drawings is insufficient. The claim terms rely on clusters and a relationship between lines and points; however, the drawings fail to explain the structural objects, spatial orientation, and relative positioning of the claim elements.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed features “first clustering,” “second clustering,” “splitting,” “respective common object edge line,” and the following “for each of the at least two different lateral positions of the motor vehicle, ascertaining a line of sight extending from the camera through a point representing the respective common object edge line in a plane oriented perpendicular to the respective common object edge line and toward the calibrated two-dimensional base, wherein each line of sight is ascertained based on a position of the respective common object edge line in a two-dimensional camera image and a focal length of the camera; ascertaining, in the plane oriented perpendicular to the respective common object edge line, a point of intersection of the lines of sight corresponding to the at least two different lateral positions of the motor vehicle, the point of intersection representing a physical position of the respective physical object edge relative to the calibrated two-dimensional base; and determining a height of the point of respective physical object edge based on a vertical distance of the point of intersection above the calibrated two-dimensional base” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 10-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The drawings fail to properly enable one skilled in the art to make and/or use the invention. The drawings are an integral part of the disclosure used to clarify, define, and bound the claim terms. The claimed invention is highly visual; therefore, a lack of clear drawings is insufficient. The Examiner cannot interpret the claim scope or determine exactly what visual and structural elements are being claimed, and cannot perform a proper prior art search.
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 10-16 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.
The Examiner objected to the drawings as improper. The claim terms rely on clusters and the a relationship between lines and points; however, the drawings fail to explain the physical structural objects, spatial orientation, and relative positioning of the claim elements. The following highlighted claim language is vague and indefinite;
“performing a second clustering that refines the first-stage clusters by splitting one or more of the first-stage clusters, thereby forming second-stage clusters, the second clustering including:
splitting at least some of the object edge portions into different ones of the second-stage clusters when a distance between object edge portions measured perpendicular to the direction of extension exceeds a first limit value; and
splitting at least some of the object edge portions into different ones of the second-stage clusters when a parallel distance between adjacent object edge portions exceeds a second limit value; and for each of the second-stage clusters:
forming, from the object edge portions arranged in the respective second-stage cluster, a respective common object edge line, which is a geometric representation of a respective one of the physical object edges;
for each of the at least two different lateral positions of the motor vehicle, ascertaining a line of sight extending from the camera through a point representing the respective common object edge line in a plane oriented perpendicular to the respective common object edge line and toward the calibrated two-dimensional base, wherein each line of sight is ascertained based on a position of the respective common object edge line in a two-dimensional camera image and a focal length of the camera;
ascertaining, in the plane oriented perpendicular to the respective common object edge line, a point of intersection of the lines of sight corresponding to the at least two different lateral positions of the motor vehicle, the point of intersection representing a physical position of the respective physical object edge relative to the calibrated two-dimensional base; and
determining a height of the point of respective physical object edge based on a vertical distance of the point of intersection above the calibrated two-dimensional base.”
Conclusion
THIS ACTION IS MADE FINAL. 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNY A CESE whose telephone number is (571) 270-1896. The examiner can normally be reached on Monday – Friday, 9am – 4pm.
If attempts to reach the primary examiner by telephone are unsuccessful, the examiner’s supervisor, Gregory Morse can be reached on (571) 272-3838. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/Kenny A Cese/
Primary Examiner, Art Unit 2663
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