DETAILED ACTION
This action is in response to the application filed on 2/19/2024.
Claims 1-20 are pending.
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 .
Information Disclosure Statement
The references listed on the Information Disclosure Statement submitted on has/have been considered by the examiner (see attached PTO-1449).
Specification
----------------------------------------------- Spec. Objections
The disclosure is objected to because of the following informalities: **
Appropriate correction is required.
Claims ** objected to because of the following informalities: **. Appropriate correction is required.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: **
The use of the trademark ** has been noted in this application. It should be capitalized wherever it appears and be accompanied by the generic terminology.
Although the use of trademarks is permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as trademarks.
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 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims are not clearly limited to the non-transitory medium. The specification also does not clearly define the claimed " " as being limited to a non-transitory medium.
Note the following description in the specification of the present invention.
Claims 21-38, 40, 42-50, 52-54, 56-60, 62 and 63 are directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) since the steps in the claim 21 for “generating a syntax element…encoding…N leading bins…bypass encoding any remaining bins…and signaling bits…” and the similar steps, functions and/or details claimed in the other independent claims and dependent claims are considered to be an abstract idea (as in the 101 related court cases of Digitech - “Organizing and manipulating information through mathematical correlations” and Electric Power Group - “Collecting information, analyzing it, and displaying certain results of the collection and analysis” and RcogniCorp – “Encoding and decoding image data” in the January 2018: Eligibility Quick Reference Sheet) that is considered to be concept relating to organizing or analyzing information in a way that can be performed mentally or is analogous to human mental work and the claim does not include any additional elements that can be considered to be sufficient to amount to significantly more than the judicial exception because the above stated functions of the claimed “processor” and the “memory” are related to conventional functions normally performed by the these elements.
It is suggested that the claims be amended to incorporate additional elements related to the encoding/decoding process that bring forth tangible and practical aspect of the invention thus giving meaning to the claimed invention.
Bitstream Claim interpretation
Claim 3 is directed to a computer readable medium that stores generated bitstream.
The bitstream is being treated as a product that is the result of the process (method). The steps are not required elements of claim 3, so they only limit the invention in terms of how they define the contents of the information in the bitstream. MPEP §2113
The contents of the bitstream, defined by how the bitstream was generated, only describes the content of the information in the bitstream and as result are descriptive language. See MPEP §2111.05. The bitstream has no functional relationship with the claimed non-transitory computer-readable recording medium.
Claim Interpretation - 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.
By reciting intra-predicting of samples of depth data of video images for a first block of depth data using equal and one-quarter sized blocks of the first blocks and deriving/receiving residual data that is used to encode/reconstruct the first block of depth data, and in combination with the other elements/details of the claim, the claim 1 and other similar independent claims each define a process/device/system which gives meaning for obtaining tangible and practical result of performing an intra prediction of depth samples of image in order to efficiently encode/decode image that is described in the specification.
Given so, the each of the claims as mentioned above are considered to claim a processes which are outside of the realm of the abstract idea.
Claim Rejections - 35 USC § 112
---------------------------------------------------1st paragraph rejection
The following is a quotation of the first paragraph of 35 U.S.C. 112(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.
Claim ** rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. **
---------------------------------------------------2nd paragraph rejection
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 1-20 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 pre-AIA the applicant regards as the invention.
The term “customized” in claim 1, 3, 4,
--------------------------------------- Lack of antecedent basis
Claim ** recites the limitation "**" in **
There is insufficient antecedent basis for this limitation in the claim.
Means plus Function - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
Claim limitations “collection unit”, “analysis unit”, “generation unit” are not considered to invoke 112(f) since these elements are described in the specification as a software unit having a specific algorithm executed by a processor with a memory.
Claim limitation “light source unit” and “laser sources” are not considered to invoke 112(f) since these elements are well-understood structural terminology to one of ordinary skilled in the art, i.e. conveying structure.
Claim limitation “” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “**” coupled with functional language “” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) “a splitting detection unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the at least one corresponding structure described in the specification for each of the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
“ “ :
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Mapping Notation
In this office action, following notations are being used to refer to the paragraph numbers or column number and lines of portions of the cited reference.
In this office action, following notations are being used to refer to the paragraph numbers or column number and lines of portions of the cited reference.
[0005] (Paragraph number [0005])
C5 (Column 5)
Pa5 (Page 5)
S5 (Section 5)
Furthermore, unless necessary to distinguish from other references in this action, “et al.” will be omitted when referring to the reference.
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 are rejected under 35 U.S.C. 102(a1) and (a2) as being anticipated by et al. ()
1. A method comprising:
receiving a map comprising values for different heights measured across a surface;
C16 “At each location, the position of the ADAS sensor target fixture 600 relative to the vertical height of the horizontal reference plane is identified, effectively mapping a displacement between the floor surface and the reference plane at each location. Granularity of the mapping is directly connected to the number of locations at which the ADAS sensor target fixture 600 is positioned.”
determining a level of a vehicle located at a first position on the surface based on the values for the different heights specified at the first position in the map; and
C16 “At each location, the position of the ADAS sensor target fixture 600 relative to the vertical height of the horizontal reference plane is identified, effectively mapping a displacement between the floor surface and the reference plane at each location. Granularity of the mapping is directly connected to the number of locations at which the ADAS sensor target fixture 600 is positioned.
adjusting a set of outputs associated with servicing the vehicle based on the level of the vehicle.
C16 “Once the floor surface is characterized, during a vehicle service or inspection procedure, appropriate measurement offsets or corrective values can be applied to measurements acquired from the vehicle wheels, targets 602, or fixtures 600 based on an associated location on the characterized floor surface.”
2. The method of claim 1 further comprising:
scanning the surface;
generating a plurality of measurements from scanning the surface; and
assigning the plurality of measurements to positions in the map that correspond to positions about the surface where the plurality of measurements were generated.
C7-8 “The vehicle calibration assistance structure includes one or more optical projectors 500 operatively coupled to, and under control of, the processing system 300, for the projection of visible indicia 501 on to surfaces in proximity to the fixture or support structure, utilized to aid in the placement or alignment of vehicle service fixtures or targets. Exemplary surfaces onto which visible indicia may be projected include the vehicle body, wheel-mounted targets, targets or locations on the service bay floor surfaces, and movable targets located within the service bay. “
3. The method of claim 1 further comprising:
receiving an image with the vehicle at the first position on the surface;
aligning the image with the map based on common points-of-reference that are in the image and that are associated with the map; and
determining the values for the different heights that are specified at one or more positions in the map that correspond to the first position in the map after said aligning.
C7-8 “The vehicle calibration assistance structure includes one or more optical projectors 500 operatively coupled to, and under control of, the processing system 300, for the projection of visible indicia 501 on to surfaces in proximity to the fixture or support structure, utilized to aid in the placement or alignment of vehicle service fixtures or targets. Exemplary surfaces onto which visible indicia may be projected include the vehicle body, wheel-mounted targets, targets or locations on the service bay floor surfaces, and movable targets located within the service bay. Each optical projector 500 as illustrated in FIGS. 5-7 comprises a pair of laser modules 500a and 500b. Each laser module is mounted on a set 502 of motorized multi-axis gimbals secured to the camera cross beam 106 “
4. The method of claim 1 further comprising:
certifying that service is performed on the vehicle with the vehicle over a level surface or with the vehicle being level at a time of the service in response to determining the level of the vehicle and the level of the vehicle not varying over the surface.
C7-8 “Each optical projector 500 as illustrated in FIGS. 5-7 comprises a pair of laser modules 500a and 500b. Each laser module is mounted on
a set 502 of motorized multi-axis gimbals secured to the camera cross beam 106.”
5. The method of claim 1 further comprising: receiving a plurality of measurements that are generated while the vehicle is over the surface; and wherein adjusting the set of outputs comprises: modifying the plurality of measurements based on an amount by which the vehicle is not level.
C16 “Once the floor surface is characterized, during a vehicle service or inspection procedure, appropriate measurement offsets or corrective values can be applied to measurements acquired from the vehicle wheels, targets 602, or fixtures 600 based on an associated location on the characterized floor surface.”
6. The method of claim 1 further comprising: receiving a plurality of measurements that are generated while the vehicle is over the surface; determining an affect that the level of vehicle has on the plurality of measurements; and wherein adjusting the set of outputs comprises: modifying the plurality of measurements based on the affect.
C16 “Once the floor surface is characterized, during a vehicle service or inspection procedure, appropriate measurement offsets or corrective values can be applied to measurements acquired from the vehicle wheels, targets 602, or fixtures 600 based on an associated location on the characterized floor surface.”
7. The method of claim 1 further comprising: receiving a set of specifications for positioning service equipment relative to the vehicle; and wherein adjusting the set of outputs comprises: generating a set of modified specifications that adjust the set of specifications based on a difference between the different heights specified in the map for the first position of the vehicle and a second position specified by the set of specifications.
C16 “Once the floor surface is characterized, during a vehicle service or inspection procedure, appropriate measurement offsets or corrective values can be applied to measurements acquired from the vehicle wheels, targets 602, or fixtures 600 based on an associated location on the characterized floor surface.”
8. The method of claim 7, wherein the set of modified specifications comprises a height for the service equipment that is higher or lower than a height specified for the service equipment in the set of specifications.
C16 “At each location, the position of the ADAS sensor target fixture 600 relative to the vertical height of the horizontal reference plane is identified, effectively mapping a displacement between the floor surface and the reference plane at each location. Granularity of the mapping is directly connected to the number of locations at which the ADAS sensor target fixture 600 is positioned.
9. The method of claim 1 further comprising: detecting a fiducial in an image that captures the first position of the vehicle over the surface; determining a particular position in the map that corresponds to the first position in the image in response to aligning the image with the map using the fiducial; and wherein determining the level of the vehicle comprises: determining an amount by which the vehicle is not level based on a value for the different height that is specified at the particular position in the map.
C16 “At each location, the position of the ADAS sensor target fixture 600 relative to the vertical height of the horizontal reference plane is identified, effectively mapping a displacement between the floor surface and the reference plane at each location. Granularity of the mapping is directly connected to the number of locations at which the ADAS sensor target fixture 600 is positioned.”
C16 “Once the floor surface is characterized, during a vehicle service or inspection procedure, appropriate measurement offsets or corrective values can be applied to measurements acquired from the vehicle wheels, targets 602, or fixtures 600 based on an associated location on the characterized floor surface.”
10. The method of claim 1 further comprising: presenting the set of outputs after having been adjusted on a display.
C6 “The camera modules 104a, 104b are operatively coupled to a processing system 300, which may be disposed in an associated console 302 in proximity to the fixture or support structure 100. The processing system 300 is configured with suitable logic circuit components and with software instructions for receiving image data from the camera modules 104a, 104b, evaluating the image data from at least one of the camera module to identify relative spatial positions of observed surfaces, such as optical targets 11 disposed on the wheels 12 or surfaces of a vehicle 10, for performing spatial transformations between various individual frames of reference, and for computing associated vehicle characteristics, such as wheel alignment angles or vehicle body position. It will be understood that the configuration of the processing system 300, camera modules 104a, 104b, and console 302 are generally known in the art of machine vision vehicle wheel alignment systems, and may vary from the specific configuration described herein without departing from the scope of the invention, so long as the processing system 300 is capable of determining at least the relative spatial position of one or more observed surfaces associated with the vehicle 10.”
11. The method of claim 1 further comprising: activating a service operation of the vehicle in response to the set of outputs after having been adjusted satisfying a set of specifications associated with the service operation.
C6 “The camera modules 104a, 104b are operatively coupled to a processing system 300, which may be disposed in an associated console 302 in proximity to the fixture or support structure 100. The processing system 300 is configured with suitable logic circuit components and with software instructions for receiving image data from the camera modules 104a, 104b, evaluating the image data from at least one of the camera module to identify relative spatial positions of observed surfaces, such as optical targets 11 disposed on the wheels 12 or surfaces of a vehicle 10, for performing spatial transformations between various individual frames of reference, and for computing associated vehicle characteristics, such as wheel alignment angles or vehicle body position. It will be understood that the configuration of the processing system 300, camera modules 104a, 104b, and console 302 are generally known in the art of machine vision vehicle wheel alignment systems, and may vary from the specific configuration described herein without departing from the scope of the invention, so long as the processing system 300 is capable of determining at least the relative spatial position of one or more observed surfaces associated with the vehicle 10.”
12. The method of claim 1, wherein determining the level of the vehicle comprises determining that a first wheel of the vehicle is raised relative to a second wheel of the vehicle; and wherein adjusting the set of outputs comprises modifying measurements generated from sensors placed on the vehicle based on the first wheel being raised relative to the second wheel.
C6 “The camera modules 104a, 104b are operatively coupled to a processing system 300, which may be disposed in an associated console 302 in proximity to the fixture or support structure 100. The processing system 300 is configured with suitable logic circuit components and with software instructions for receiving image data from the camera modules 104a, 104b, evaluating the image data from at least one of the camera module to identify relative spatial positions of observed surfaces, such as optical targets 11 disposed on the wheels 12 or surfaces of a vehicle 10, for performing spatial transformations between various individual frames of reference, and for computing associated vehicle characteristics, such as wheel alignment angles or vehicle body position. It will be understood that the configuration of the processing system 300, camera modules 104a, 104b, and console 302 are generally known in the art of machine vision vehicle wheel alignment systems, and may vary from the specific configuration described herein without departing from the scope of the invention, so long as the processing system 300 is capable of determining at least the relative spatial position of one or more observed surfaces associated with the vehicle 10.”
13. The method of claim 1, wherein determining the level of the vehicle comprises determining that a first wheel of the vehicle is raised relative to a second wheel of the vehicle; and wherein adjusting the set of outputs comprises modifying parameters for a proper wheel alignment based on the first wheel being raised relative to the second wheel.
C6 “The camera modules 104a, 104b are operatively coupled to a processing system 300, which may be disposed in an associated console 302 in proximity to the fixture or support structure 100. The processing system 300 is configured with suitable logic circuit components and with software instructions for receiving image data from the camera modules 104a, 104b, evaluating the image data from at least one of the camera module to identify relative spatial positions of observed surfaces, such as optical targets 11 disposed on the wheels 12 or surfaces of a vehicle 10, for performing spatial transformations between various individual frames of reference, and for computing associated vehicle characteristics, such as wheel alignment angles or vehicle body position. It will be understood that the configuration of the processing system 300, camera modules 104a, 104b, and console 302 are generally known in the art of machine vision vehicle wheel alignment systems, and may vary from the specific configuration described herein without departing from the scope of the invention, so long as the processing system 300 is capable of determining at least the relative spatial position of one or more observed surfaces associated with the vehicle 10.”
Regarding the claims 14-20, they recite elements that are at least included in the claims 1-13 above but in a different claim. Therefore, the same rationale for the rejection of the claims 1-13 applies.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. et al. () and et al. () disclose relevant art related to the subject matter of the present invention.
A shortened statutory period for reply to this action is set to expire THREE MONTHS from the mailing date of this action. An extension of time may be obtained under 37 CFR 1.136(a). However, in no event, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAE N NOH whose telephone number is (571)270-0686. The examiner can normally be reached on Mon-Fri 8:30AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Vaughn can be reached on (571) 272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAE N NOH/
Primary Examiner
Art Unit 2481
Prosecution Insights