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 Amendment
This communication is filed in response to the action filed on 05/15/2026.
Claims 1, 10, and 14 are currently amended. Claims 1-20 are pending.
Response to Arguments
Applicant’s amendments arguments filed on 05/15/2026 on pages 7-9, under REMARKS with respect to 35 U.S.C. 102 and 35 U.S.C. 103 have been fully/further considered but they are not persuasive. Regarding amended claim 1 applicants on pages 7-8 state that:
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The examiner respectfully disagrees. The examiner would like to point to primary reference of record US 2024/0265707 A1 to PEPPOLONI particularly figure 2A and paragraph [0073] which states “a
mask corresponding to the ground plane that may have been identified utilizing semantic segmentation. In this example, a respective tracking point 205a and 205b was identified for vehicles 103a and 103b that corresponds to a respective lowest-observed pixel within the respective pixel masks for vehicles 103a and 103b (e.g., a pixel that is closest to the bottom of mono image 102). Based on these tracking points 205a and 205b, respective position information was derived for vehicles 103a and 103b in a manner that accounts for the depth of vehicles 103a and 103b relative to the monocular camera. For instance, using vehicle 103a as an example, a ray 206 may be cast from the monocular camera through tracking point 205a to intersect the ground plane, as shown in FIG. 2A. Based on ray 206 that has been cast through tracking point 205a and information about the ground plane (e.g., information about the 3D geospatial geometry of the ground plane that has been encoded into a ground map or the like), a 3D position of a ground point 207 corresponding to tracking point 205a for vehicle 103a can then be determined. In this respect, this 3D position of tracking point 205a provides an indication of the position of vehicle 103a in the real world that accounts for the depth of vehicle 103a relative to the monocular camera”. This citation clearly shows that the ground plane determined by the system using points 205a and 205b as the first and second position parameters and are connected to the ground plane and the monocular camera via a ray having a positional relationship. This can be seen when the ray is cast through the ground plane and the tracking point 205a, allowing information about the ground plane to be determined (e.g., information about the 3D geospatial geometry of the ground plane that has been encoded into a ground map or the like), a 3D position of a ground point 207 corresponding to tracking point 205a for vehicle 103a can then be determined, and further allows for this 3D position of tracking point 205a provides an indication of the position of vehicle 103a in the real world that accounts for the depth of vehicle 103a relative to the monocular camera, which is represented by depth line 204a. This in conclusion clearly shows that position parameters 205A and 205B are used to estimate the position of the monocular camera relative to the ground plane. See full rejection to the claims below.
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 (i.e., changing from AIA to pre-AIA ) 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 1-3, 8, 10-12, 14, 19 are rejected under 35 § U.S.C. 102(a)(2) as being anticipated by US 2024/0265707 A1 to PEPPOLONI et al. (hereinafter “PEPPOLONI”).
As per claim 1, PEPPOLONI discloses an apparatus comprising (a system and corresponding method of finding a ground plane of a vehicle; abstract; figs 1-3, and 12-13; paragraphs [0003], [0007], [0071-0073]): memory (the system comprising a computer having computing components including a memory; paragraphs [0173-0174]); instructions (the memory storing computing instructions to run a program and preform said methods; paragraphs [0173-0175]); an interface to receive video frames captured by a camera positioned on a vehicle (the system provides a computer acting as an interface in order to receive images captured my camera sensors, the sensors are stereo cameras which comprise a set of two cameras positioned on a vehicle; fig 1A-1B; paragraphs [0003], [0013], [0064-0066]); and programmable circuitry coupled to the interface (the computer acting as the interface is connected to the stereo camera and is further connected to computing components such as a computing processor; paragraphs [0172-0175]), wherein the programmable circuitry is to execute the instructions to at least (the computing processor is adapted to execute the instructions stored on the memory component in order to perform the method; paragraphs [0172-0175]): detect, based on the video frames, a ground plane of the vehicle (and the system is adapted to detect and identify a ground plane of the vehicle; figs 1B-2B; paragraphs [0066], [0071-0074]); determine, based on the ground plane, a first position parameter representative of a position of the camera with respect to a coordinate system of the vehicle (the system based on the identified ground plane calculates a first and second position in relation to the vehicle and onboard stereo camera and is configured to track points (first position parameter) 205a and (second position parameter) 205b, respective position information was derived for vehicles 103a and 103b in a manner that accounts for the depth of vehicles 103a and 103b relative (representative of the position of the camera) to the monocular camera, using vehicle 103a as an example, a ray 206 may be cast from the monocular camera through tracking point 205a to intersect the ground plane, as shown in FIG. 2A; figs 1B-2B, and 8A-B, 10; paragraphs [0073], [0102-0105]); track a plurality of features between ones of the video frames (the system is adapted to track a plurality of road features including a CNN that is trainable to identify specific road features in the captured images including both a first and second image; figs 6A-B, and 7A-B; paragraphs [0008], [0093-0100]); and determine, based on the plurality of features, a second position parameter representative of the position of the camera with respect to the coordinate system of the vehicle (the system based on the identified ground plane calculates a first and second position in relation to the vehicle and onboard stereo camera and is configured to track points (first position parameter) 205a and (second position parameter) 205b, respective position information was derived for vehicles 103a and 103b in a manner that accounts for the depth of vehicles 103a and 103b relative (representative of the position of the camera) to the monocular camera, using vehicle 103a as an example, a ray 206 may be cast from the monocular camera through tracking point 205a to intersect the ground plane, as shown in FIG. 2A; figs 1B-2B, and 8A-B, 10; paragraphs [0073], [0102-0105]), the first position parameter different from the second position parameter (wherein the first and second positions are different positions tracked within the coordinate system (one parameter being pitch and the other parameter being yaw); paragraphs [0080], [0109-0111], [0116], [0144-0145], [0150], [0153], [0169]).
As per claim 2, PEPPOLONI discloses the apparatus of claim 1, wherein the first position parameter includes at least one of a roll angle, a pitch angle, or a z-axis coordinate of the camera with respect to the coordinate system of the vehicle (one of the pluralities of positional parameters tracked by the computing system of the vehicle include the pitch value of the vehicle; paragraphs [0073], [0102-0105], [0169]).
As per claim 3, PEPPOLONI discloses the apparatus of claim 1, wherein the second position parameter includes a yaw angle of the camera with respect to the coordinate system of the vehicle (one of the pluralities of positional parameters tracked by the computing system of the vehicle include the yaw value of the vehicle; paragraphs [0073], [0102-0105], [0169]).
As per claim 8, PEPPOLONI discloses the apparatus of claim 1, wherein the programmable circuitry is to execute the instructions to track the plurality of features in response to determining that the vehicle is moving (the computing system is adapted to track position features in relation to the vehicles movement and build a motion model by fusing the position information, the motion model used to predict and track the vehicles motion; paragraph [0080]).
As per claim 10, PEPPOLONI discloses a non-transitory computer readable medium comprising instructions that (a system and corresponding method of finding a ground plane of a vehicle the system comprising a computer having computing components including a memory the memory storing computing instructions to run a program and preform said methods; abstract; figs 1-3, and 12-13; paragraphs [0003], [0007], [0071-0073], [0173-0175]), when executed, cause programmable circuitry to at least (the computer acting as the interface is connected to the stereo camera and is further connected to computing components such as a computing processor the computing processor is adapted to execute the instructions stored on the memory component in order to perform the method; paragraphs [0172-0175]): detect, based on video frames captured by a camera positioned on a vehicle (the system provides a computer acting as an interface in order to receive images captured my camera sensors, the sensors are stereo cameras which comprise a set of two cameras positioned on a vehicle; fig 1A-1B; paragraphs [0003], [0013], [0064-0066]), a ground plane of the vehicle (and the system is adapted to detect and identify a ground plane of the vehicle; figs 1B-2B; paragraphs [0066], [0071-0074]); determine, based on the ground plane, a first position parameter representative of a position of the camera with respect to a coordinate system of the vehicle (the system based on the identified ground plane calculates a first and second position in relation to the vehicle and onboard stereo camera and is configured to track points (first position parameter) 205a and (second position parameter) 205b, respective position information was derived for vehicles 103a and 103b in a manner that accounts for the depth of vehicles 103a and 103b relative (representative of the position of the camera) to the monocular camera, using vehicle 103a as an example, a ray 206 may be cast from the monocular camera through tracking point 205a to intersect the ground plane, as shown in FIG. 2A; figs 1B-2B, and 8A-B, 10; paragraphs [0073], [0102-0105]); track a plurality of features between ones of the video frames (the system is adapted to track a plurality of road features including a CNN that is trainable to identify specific road features in the captured images including both a first and second image; figs 6A-B, and 7A-B; paragraphs [0008], [0093-0100]); and determine, based on the plurality of features, a second position parameter representative of the position of the camera with respect to the coordinate system of the vehicle (the system based on the identified ground plane calculates a first and second position in relation to the vehicle and onboard stereo camera and is configured to track points (first position parameter) 205a and (second position parameter) 205b, respective position information was derived for vehicles 103a and 103b in a manner that accounts for the depth of vehicles 103a and 103b relative (representative of the position of the camera) to the monocular camera, using vehicle 103a as an example, a ray 206 may be cast from the monocular camera through tracking point 205a to intersect the ground plane, as shown in FIG. 2A; figs 1B-2B, and 8A-B, 10; paragraphs [0073], [0102-0105]), the first position parameter different from the second position parameter (wherein the first and second positions are different positions tracked within the coordinate system (one parameter being pitch and the other parameter being yaw); paragraphs [0080], [0109-0111], [0116], [0144-0145], [0150], [0153], [0169]).
As per claim 11, PEPPOLONI discloses the non-transitory computer readable medium of claim 10, wherein the first position parameter includes at least one of a roll angle, a pitch angle, or a z-axis coordinate of the camera with respect to the coordinate system of the vehicle (one of the pluralities of positional parameters tracked by the computing system of the vehicle include the pitch value of the vehicle; paragraphs [0073], [0102-0105], [0169]).
As per claim 12, PEPPOLONI discloses the non-transitory computer readable medium of claim 10, wherein the second position parameter includes a yaw angle of the camera with respect to the coordinate system of the vehicle (one of the pluralities of positional parameters tracked by the computing system of the vehicle include the yaw value of the vehicle; paragraphs [0073], [0102-0105], [0169]).
As per claim 14, PEPPOLONI discloses an apparatus comprising (a system and corresponding method of finding a ground plane of a vehicle the system comprising a computer having computing components including a memory the memory storing computing instructions to run a program and preform said methods; abstract; figs 1-3, and 12-13; paragraphs [0003], [0007], [0071-0073], [0173-0175]): plane fitting circuitry to detect (the computer (plane fitting circuit) acting as the interface is connected to the stereo camera and is further connected to computing components such as a computing processor the computing processor is adapted to execute the instructions stored on the memory component in order to perform the method; paragraphs [0172-0175]), based on video frames captured by a camera positioned on a vehicle (the system provides a computer acting as an interface in order to receive images captured my camera sensors, the sensors are stereo cameras which comprise a set of two cameras positioned on a vehicle; fig 1A-1B; paragraphs [0003], [0013], [0064-0066]), a ground plane of the vehicle (and the system is adapted to detect and identify a ground plane of the vehicle; figs 1B-2B; paragraphs [0066], [0071-0074]); transformation circuitry to determine, based on the ground plane, a first position parameter representative of a position of the camera with respect to a coordinate system of the vehicle (the system based on the identified ground plane calculates a first and second position in relation to the vehicle and onboard stereo camera and is configured to track points (first position parameter) 205a and (second position parameter) 205b, respective position information was derived for vehicles 103a and 103b in a manner that accounts for the depth of vehicles 103a and 103b relative (representative of the position of the camera) to the monocular camera, using vehicle 103a as an example, a ray 206 may be cast from the monocular camera through tracking point 205a to intersect the ground plane, as shown in FIG. 2A; figs 1B-2B, and 8A-B, 10; paragraphs [0073], [0102-0105]); feature tracking circuitry to track a plurality of features between ones of the video frames (the system is adapted to track a plurality of road features including a CNN that is trainable to identify specific road features in the captured images including both a first and second image; figs 6A-B, and 7A-B; paragraphs [0008], [0093-0100]); and yaw estimation circuitry to determine, based on the plurality of features (one of the plurality of positional parameters tracked by the computing system of the vehicle include the yaw value of the vehicle; paragraphs [0073], [0102-0105], [0169]), a second position parameter representative of the position of the camera with respect to the coordinate system of the vehicle (the system based on the identified ground plane calculates a first and second position in relation to the vehicle and onboard stereo camera and is configured to track points (first position parameter) 205a and (second position parameter) 205b, respective position information was derived for vehicles 103a and 103b in a manner that accounts for the depth of vehicles 103a and 103b relative (representative of the position of the camera) to the monocular camera, using vehicle 103a as an example, a ray 206 may be cast from the monocular camera through tracking point 205a to intersect the ground plane, as shown in FIG. 2A; figs 1B-2B, and 8A-B, 10; paragraphs [0073], [0102-0105]), the first position parameter different from the second position parameter (wherein the first and second positions are different positions tracked within the coordinate system (one parameter being pitch and the other parameter being yaw); paragraphs [0080], [0109-0111], [0116], [0144-0145], [0150], [0153], [0169]).
As per claim 19, PEPPOLONI discloses the apparatus of claim 14, wherein the first position parameter includes at least one of a roll angle, a pitch angle, or a z-axis coordinate of the camera with respect to the coordinate system of the vehicle (one of the pluralities of positional parameters tracked by the computing system of the vehicle include the pitch value of the vehicle; paragraphs [0073], [0102-0105], [0169]).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 4, 13, and 20 are rejected under 35 § U.S.C. 103 as being obvious over US 2024/0265707 A1 to PEPPOLONI et al. (hereinafter “PEPPOLONI”)in view of US 10,964,059 B2 to BAMBER et al (hereinafter “BAMBER”).
As per claim 4, PEPPOLONI discloses the apparatus of claim 1. PEPPOLONI fails to disclose wherein the programmable circuitry is to execute the instructions to determine at least one of an x-axis coordinate or a y-axis coordinate of the camera with respect to the coordinate system of the vehicle based on a computer-aided design (CAD) model of the vehicle.
BAMBER discloses wherein the programmable circuitry is to execute the instructions to determine at least one of an x-axis coordinate or a y-axis coordinate of the camera with respect to the coordinate system of the vehicle based on a computer-aided design (CAD) model of the vehicle (during extrinsic calibration the camera on the vehicle converts coordinates in the image capture system reference frame (e.g. the coordinate system where the z axis points down the optical axis) to the coordinates in the car reference frame (including an x and y axis) in order to construct a full three dimensional model of the car to understand rotational forces acting on the vehicle and the representative vehicle model to determine orientation of the camera and corresponding vehicle around the x, y and z axes of the car; column 9, line 39 – column 10, line 2; column 10, lines 3-41).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify PEPPOLONI to have a computer-aided design (CAD) model of the vehicle of BAMBER reference. The Suggestion/motivation for doing so would have been to provide a model to determine orientation of the image capturing device and the car, helping determine orientation in the x, y and, z axis providing an accurate model to observe real life forces at a smaller scale as suggested by BAMBER column 10, lines 3-25. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine BAMBER with PEPPOLONI to obtain the invention as specified in claim 4.
As per claim 13, PEPPOLONI discloses the non-transitory computer readable medium of claim 10. PEPPOLONI fails to disclose wherein the instructions, when executed, cause the programmable circuitry to determine at least one of an x-axis coordinate or a y-axis coordinate of the camera with respect to the coordinate system of the vehicle based on a computer-aided design (CAD) model of the vehicle.
BAMBER discloses wherein the instructions, when executed, cause the programmable circuitry to determine at least one of an x-axis coordinate or a y-axis coordinate of the camera with respect to the coordinate system of the vehicle based on a computer-aided design (CAD) model of the vehicle (during extrinsic calibration the camera on the vehicle converts coordinates in the image capture system reference frame (e.g. the coordinate system where the z axis points down the optical axis) to the coordinates in the car reference frame (including an x and y axis) in order to construct a full three dimensional model of the car to understand rotational forces acting on the vehicle and the representative vehicle model to determine orientation of the camera and corresponding vehicle around the x, y and z axes of the car; column 9, line 39 – column 10, line 2; column 10, lines 3-41).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify PEPPOLONI to have a computer-aided design (CAD) model of the vehicle of BAMBER reference. The Suggestion/motivation for doing so would have been to provide a model to determine orientation of the image capturing device and the car, helping determine orientation in the x, y and, z axis providing an accurate model to observe real life forces at a smaller scale as suggested by BAMBER column 10, lines 3-25. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine BAMBER with PEPPOLONI to obtain the invention as specified in claim 13.
As per claim 20, PEPPOLONI discloses the apparatus of claim 14. PEPPOLONI fails to disclose further including model analysis circuitry to determine at least one of an x-axis coordinate or a y-axis coordinate of the camera with respect to the coordinate system of the vehicle based on a computer-aided design (CAD) model of the vehicle.
BAMBER discloses further including model analysis circuitry to determine at least one of an x-axis coordinate or a y-axis coordinate of the camera with respect to the coordinate system of the vehicle based on a computer-aided design (CAD) model of the vehicle (during extrinsic calibration the camera on the vehicle converts coordinates in the image capture system reference frame (e.g. the coordinate system where the z axis points down the optical axis) to the coordinates in the car reference frame (including an x and y axis) in order to construct a full three dimensional model of the car to understand rotational forces acting on the vehicle and the representative vehicle model to determine orientation of the camera and corresponding vehicle around the x, y and z axes of the car; column 9, line 39 – column 10, line 2; column 10, lines 3-41).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify PEPPOLONI to have a computer-aided design (CAD) model of the vehicle of BAMBER reference. The Suggestion/motivation for doing so would have been to provide a model to determine orientation of the image capturing device and the car, helping determine orientation in the x, y and, z axis providing an accurate model to observe real life forces at a smaller scale as suggested by BAMBER column 10, lines 3-25. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine BAMBER with PEPPOLONI to obtain the invention as specified in claim 20.
Claims 5 and 15 are rejected under 35 § U.S.C. 103 as being obvious over US 2024/0265707 A1 to PEPPOLONI et al. (hereinafter “PEPPOLONI”) in view of US 2015/0178573 A1 to VISWANATH et al (hereinafter “VISWANATH”).
As per claim 5, PEPPOLONI discloses the apparatus of claim 1 wherein the programmable circuitry is to execute the instructions to: access point cloud data corresponding to at least one of the video frames (the computing system includes access to 3D point cloud data for the captured video frames; paragraphs [0135-0136], [0139]). PEPPOLONI fails to disclose and detect the ground plane by executing a random sampling and consensus (RANSAC) algorithm based on the point cloud data.
VISWANATH discloses; and detect the ground plane by executing a random sampling and consensus (RANSAC) algorithm based on the point cloud data (the system utilizes a RANSAC algorithm in order to select the best homograph matrix of the point cloud data; paragraph [0035]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify PEPPOLONI to have detect the ground plane by executing a random sampling and consensus (RANSAC) algorithm based on the point cloud data of VISWANATH reference. The Suggestion/motivation for doing so would have been to provide a majority/most of the feature points obtained are on the ground plane as suggested by VISWANATH paragraph [0035]. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine VISWANATH with PEPPOLONI to obtain the invention as specified in claim 5.
As per claim 15, PEPPOLONI discloses the apparatus of claim 14 wherein the plane fitting circuitry is to: access point cloud data corresponding to at least one of the video frames (the computing system includes access to 3D point cloud data for the captured video frames; paragraphs [0135-0136], [0139]). PEPPOLONI fails to disclose and detect the ground plane by executing a random sampling and consensus (RANSAC) algorithm based on the point cloud data.
VISWANATH discloses and detect the ground plane by executing a random sampling and consensus (RANSAC) algorithm based on the point cloud data (the system utilizes a RANSAC algorithm in order to select the best homograph matrix of the point cloud data; paragraph [0035]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify PEPPOLONI to have detect the ground plane by executing a random sampling and consensus (RANSAC) algorithm based on the point cloud data of VISWANATH reference. The Suggestion/motivation for doing so would have been to provide a majority/most of the feature points obtained are on the ground plane as suggested by VISWANATH paragraph [0035]. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine VISWANATH with PEPPOLONI to obtain the invention as specified in claim 15.
Claims 6-7, and 16-18 are rejected under 35 § U.S.C. 103 as being obvious over US 2024/0265707 A1 to PEPPOLONI et al. (hereinafter “PEPPOLONI”) in view of US 2021/0207977 A1 to LEE (hereinafter “LEE”).
As per claim 6, PEPPOLONI discloses the apparatus of claim 1. PEPPOLONI fails to disclose [wherein the programmable circuitry is to: estimate a camera path of the camera based on the plurality of features; and determine the second position parameter by comparing the camera path to a vehicle path of the vehicle.
LEE discloses wherein the programmable circuitry is to: estimate a camera path of the camera based on the plurality of features (the computing system is adapted to find estimated positions of the vehicle V and the camera C based on the position features provided; fig 11; paragraphs [0069], [0098-0100]); and determine the second position parameter by comparing the camera path to a vehicle path of the vehicle (and the computing system is further adapted to compare the estimated vehicle path with the estimated camera position and compare the two in order to verify the estimated positions are valid; fig 11; paragraphs [0069], [0098-0100]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify PEPPOLONI to have comparing the camera path to a vehicle path of the vehicle of LEE reference. The Suggestion/motivation for doing so would have been to provide position estimation of the vehicle and camera sensors as suggested by paragraph [0098] of LEE. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine LEE with PEPPOLONI to obtain the invention as specified in claim 6.
As per claim 7, PEPPOLONI in view of LEE discloses the apparatus of claim 6. Modified PEPPOLONI further discloses wherein the programmable circuitry is to execute the instructions to estimate the camera path in response to a count of the plurality of features satisfying a threshold (the system is adapted to include a threshold which may be set (programed) in order to determine a distance feature from the camera and sets a threshold distance to switch from stereo image to mono images to maintain image accuracy; paragraph [0082]).
As per claim 16, PEPPOLONI discloses the apparatus of claim 14. PEPPOLONI fails to disclose wherein the yaw estimation circuitry is to: estimate a camera path of the camera based on the plurality of features; and determine the second position parameter by comparing the camera path to a vehicle path of the vehicle.
LEE discloses wherein the yaw estimation circuitry is to: estimate a camera path of the camera based on the plurality of features (the computing system is adapted to find estimated positions of the vehicle V and the camera C based on the position features provided; fig 11; paragraphs [0069], [0098-0100]); and determine the second position parameter by comparing the camera path to a vehicle path of the vehicle (and the computing system is further adapted to compare the estimated vehicle path with the estimated camera position and compare the two in order to verify the estimated positions are valid; fig 11; paragraphs [0069], [0098-0100]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify PEPPOLONI to have comparing the camera path to a vehicle path of the vehicle of LEE reference. The Suggestion/motivation for doing so would have been to provide position estimation of the vehicle and camera sensors as suggested by paragraph [0098] of LEE. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine LEE with PEPPOLONI to obtain the invention as specified in claim 16.
As per claim 17, PEPPOLONI in view of LEE discloses the apparatus of claim 16. Modified PEPPOLONI further discloses wherein the yaw estimation circuitry is to estimate the camera path in response to a count of the plurality of features satisfying a threshold (the system is adapted to include a threshold which may be set (programed) in order to determine a distance feature from the camera and sets a threshold distance to switch from stereo image to mono images to maintain image accuracy; paragraph [0082]).
As per claim 18, PEPPOLONI in view of LEE discloses the apparatus of claim 16. Modified PEPPOLONI further discloses wherein the second position parameter includes a yaw angle of the camera with respect to the coordinate system of the vehicle (one of the pluralities of positional parameters tracked by the computing system of the vehicle include the yaw value of the vehicle; paragraphs [0073], [0102-0105], [0169]).
Claim 9 is rejected under 35 § U.S.C. 103 as being obvious over US 2024/0265707 A1 to PEPPOLONI et al. (hereinafter “PEPPOLONI”) in view of US 2024/0013555 A1 to PHAN et al. (hereinafter “PHAN”).
As per claim 9, PEPPOLONI discloses the apparatus of claim 1. PEPPOLONI fails to disclose wherein the programmable circuitry is to execute the instructions to detect the ground plane when the vehicle is stationary.
PHAN discloses wherein the programmable circuitry is to execute the instructions to detect the ground plane when the vehicle is stationary (the method of detecting the ground plane is performed when the vehicle and system resident in the vehicle are stationary; paragraph [0005]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify PEPPOLONI to have detect the ground plane when the vehicle is stationary of PHAN reference. The Suggestion/motivation for doing so would have been to provide the advantage of having a more accurate ground plane estimation by performing a calibration in real time because reliance on preexisting calibrations can result in less accurate camera position estimation results as suggested by PHAN at paragraph [0005]. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine PHAN with PEPPOLONI to obtain the invention as specified in claim 9.
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.
Examiner's Note: Examiner has cited figures, and paragraphs in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested for the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Examiner has also cited references in PTO892 but not relied on, which are relevant and pertinent to the applicant’s disclosure, and may also be reading (anticipatory/obvious) on the claims and claimed limitations. Applicant is advised to consider the references in preparing the response/amendments in-order to expedite the prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN JACOB DHOOGE whose telephone number is (571) 270-0999. The examiner can normally be reached 7:30-5:00.
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, Andrew Bee can be reached on (571) 270-5183. 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.
/Devin Dhooge/
USPTO Patent Examiner
Art Unit 2677
/ANDREW W BEE/Supervisory Patent Examiner, Art Unit 2677
Prosecution Insights