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 relates to a foreign application priority JP2023-059808 filed on Apr. 3, 2023.
Response to Arguments
Applicant's amendment/arguments filed 03/03/2026 have been fully considered but are not persuasive to overcome the rejection. Examiner responds to the Applicant’s argument as the following reasons:
Regarding Claimed Amendment: The claimed amendment filed on 3/3/2026 is no longer be interpreted as limitation under 35 USC 112, sixth paragraph.
Regarding Claimed Rejection Under 101: Applicant argues that claim 1, e.g., as a whole recites a machine (an information processing device (a processor and a memory) that executes claimed operations tied to “measurement information” of sensors for creating maps and determining a traveling path which are not mental processing.
Examiner disagrees to the Applicant’s argument because the machine including a processor, memory and sensors which are generic and well-known components for simply functions of measuring, determining, creating and forming traveling paths the movable device or vehicle that direct to an abstract idea. The rejection still remains.
Regarding Claimed Rejection Under 103: Applicant argues that Fukui and Toyoura do not teach: determining a second environment map relating to a different area; acquiring information regarding such a second map; extracting regions for merging based on key frame/features point statistics and determining a traveling path based on the merging.
Examiner disagrees to the Applicant’s argument.
The 103 rejection updated based on the claimed amendment that responses the Applicant’s argument.
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 1-11 & 13-14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Independent claims below:
Claim 1. An information processing device comprising at least one processor; and a memory coupled to the at least one processor, the memory storing instructions that, when executed by the at least one processor, cause the at least one processor to:
calculate a position and an orientation of a movable apparatus based on measurement information of a first sensor that measures an environment in surroundings of the movable apparatus;
create a first environment map relating to a first area in a vicinity of the movable apparatus based on the measurement information of the first sensor and the position and the orientation;
determine a second environment map to be merged with the first environment map, wherein the second environment map relates to a second area different from the first area of the first environment map;
acquire information regarding the second environment map; and
determine a traveling path of the movable apparatus by extracting a region to be merged with the first environment map and the second environment map that relates to the second area different from the first area of the first environment map based on the information regarding the second environment map;
wherein the region to be merged is extracted by extracting a region in which at least one of the number of key frames, a distribution of the key frames, a number of the feature points, and a distribution of the feature points included in the second environment map is higher than respective predetermined value.
Claim 13. An information processing method comprising:
calculate a position and an orientation of a movable apparatus based on measurement information of a first sensor that measures an environment in surroundings of the movable apparatus;
create a first environment map relating to a first area in a vicinity of the movable apparatus based on the measurement information of the first sensor and the position and the orientation;
determine a second environment map to be merged with the first environment map, wherein the second environment map relates to a second area different from the first area of the first environment map;
acquire information regarding the second environment map; and
determine a traveling path of the movable apparatus by extracting a region to be merged with the first environment map and the second environment map that relates to the second area different from the first area of the first environment map based on the information regarding the second environment map;
wherein the region to be merged is extracted by extracting a region in which at least one of the number of key frames, a distribution of the key frames, a number of the feature points, and a distribution of the feature points included in the second environment map is higher than respective predetermined value.
Claim 14. A non-transitory computer-readable storage medium configured to store a computer program comprising instructions for executing following processes:
calculate a position and an orientation of a movable apparatus based on measurement information of a first sensor that measures an environment in surroundings of the movable apparatus;
create a first environment map relating to a first area in a vicinity of the movable apparatus based on the measurement information of the first sensor and the position and the orientation;
determine a second environment map to be merged with the first environment map, wherein the second environment map relates to a second area different from the first area of the first environment map;
acquire information regarding the second environment map; and
determine a traveling path of the movable apparatus by extracting a region to be merged with the first environment map and the second environment map that relates to the second area different from the first area of the first environment map based on the information regarding the second environment map;
wherein the region to be merged is extracted by extracting a region in which at least one of the number of key frames, a distribution of the key frames, a number of the feature points, and a distribution of the feature points included in the second environment map is higher than respective predetermined value.
101 Analysis - Step 1: Statutory category – Yes
The independent claims recite an information processing device (in claim 1), a movable apparatus (in claim 12); an information processing method (in claim 13); and a non-transitory computer readable storage medium (in claim 14) including functions/processing steps. The claim falls 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) above constitutes judicial exceptions in terms of “mathematical” and “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 claims recite the bolded limitations as drafted, are simple processing steps that, under their broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of by the “device”; “apparatus” that comprising at least one processor; and “a non-transitory computer”. That is, other than reciting “processor” and “computer” nothing in the claim elements precludes the step from practically being performed in the mind. For example, but for the “processor” or “a non-transitory computer” language, the claim encompasses a person looking at data collected and forming a simple controlling traveling based on the data. The mere nominal recitation of by the device and apparatus with a processor does not take the claim limitations out of the abstract idea with mental process grouping.
Thus, the claim 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 a 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 processing steps of calculate a position and an orientation of a moveable apparatus based on measurement information; create a first environment map based on the measurement information; determine a second environment map to be merged; determine a traveling path based on the information regarding the second environment map (in claims 1, 13 & 14) that general data gathering, which is a form of insignificant extra-solution activity.
The additional elements of the information processing device/apparatus comprising at least one processor merely describes how to generally “apply” the otherwise mental judgements using a generic or general-purpose of controlling movable device in an environment, i.e. a processor (as a generic computer).
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.
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B, i.e., mere instructions to apply an exception on a generic computer cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Under the 2019 PEG, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B. Here, the steps calculating, creating, determining and acquiring information regarding the measurement information and environment map information and the controlling step were considered to be 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 sensors or a camera are all conventional sensors mounted in the movable apparatus for self-position and orientation estimation using 3D environment map for recognizing information regarding positions of objects, and the claimed subject matter does not provide any signification and improving indication for the movable device other than a conventional computer within the information processing device/apparatus. 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), for example, indicated that the mere calculating, creating, determining and acquiring information regarding the measurement information and environment map information and the controlling traveling based on the information are a well understood, routine, and conventional function. Accordingly, a conclusion that the collecting step is well-understood, routine, conventional activity is supported under Berkheimer.
Thus, the claim is ineligible.
Dependent Claims
Dependent claims(s) 2-11 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, dependent claims 2-11 are not patent eligible under the same rationale as provided for in the rejection of 1, 13 & 14.
Therefore, claim(s) 1-11 & 13-14 is/are ineligible under 35 USC §101.
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) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukui (20190025071) in view of Toyoura (20240271956).
With regard to claim 1, Fukui discloses an information processing device comprising at least one processor or circuit (Fig. 5 shows an information processing device 20) configured to function as:
calculate a position and an orientation of a movable apparatus based on measurement information of a first sensor that measures an environment in surroundings of the movable apparatus (an observation information acquisition section 230 acquiring observation information related to a unit space in the real world from a plurality of sensor such as GPS, geomagnetic sensor, barometric sensor, camera, laser, and etc. for position and attitude information of the mobile object 30, see [0072]-[0073]+);
create a first environment map relating to a first area in a vicinity of the movable apparatus based on the measurement information of the first sensor and the position and the orientation (the observation section 230 generates the observation information related to a unit space in the real world including the position, attitude and depth information, see [0072]-[0073] and [0112]+)
determine a second environment map to be merged with the first environment map (a determination section 210 has a function of determining consistency and inconsistency feature point detected from a reference map and the observation information acquired in a unit space in the real world, wherein the reference map includes 3D position information of static objects (e.g., buildings, traffic light, road information, and etc.) provided by multiple mobile device to the server 10 at various time, see [0036]-[0043] & [0068]-[0069]+, and determining the reference map be updated, see [0113]+);
acquire information regarding the second environment map (the determination section 210 determines the consistency on the basis of a distance between the feature point described in the reference map and the observation information of a partial region in the unit space, also determining inconsistency between the reference map and the observation information of a unit space when detecting feature points is large in the partial region , see [0087]-[0082]+ & [0085]+); and
determine a traveling path of the movable apparatus by extracting a region to be merged with the first environment map and the second environment map that relates to the second area different from the first area of the first environment map based on the information regarding the second environment map (the movement setting section 220 sets a planned movement route with destination of the mobile object 30, controlling movements of the object 30 based on the information of the unit space and the reference map, see [0069]-[0070] & [0149]-[0150]+)
wherein the region to be merged is extracted by extracting a region in which at least one of the number of key frames, a distribution of the key frames, a number of the feature points, and a distribution of the feature points included in the second environment map is higher than respective predetermined value (detecting a distance between the featured points is large (distance larger that a predetermined value) in a partial region while the observation information and the reference map are matched with each other as a whole, see [0085]+ & [0112]+).
Fukui is not clearly teaching the second environment map relates to a second area different from the first area of the first environment map.
Toyoura discloses an information processing apparatus 200 performs acquiring sensor information and creating an environment map 500 based on the information (see [0175] +). The apparatus comprises sensors (LiDAR1) sensing area Ra, a RGB camera 313 for area Rc, and a sensor LiDAR2 for Rb (see [0120]+). The combination with the data of occupancy state of the object acquired from the point cloud data of the LiDARs (see [0121]+).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Fukui by including combination of different map areas within an environment map as taught by Toyoura. The combination of Fukui and Toyoura is an adapted system for navigating the mobile’s movement with accuracy and effectively.
With regard to claim 2. Fukui teaches that the information processing device according to claim 1, wherein determining the second environment map comprises selecting, as the second environment map, an environment map relating to the second area located within a predetermined distance from the traveling path of the movable apparatus (the determination section 210 determines the consistency between feature points in the reference map and features of a partial region in a unit space, see [0079]+) .
With regard to claim 3. Toyoura teaches that the information processing device according to claim 1, wherein determining the second environment map comprises selecting, the second environment map in accordance with an operation of a user (Driving monitor System (DMS) is used to create an environment, see [0288]+).
With regard to claim 4. Fukui teaches that the information processing device according to claim 1, wherein determining the traveling path comprises determining the traveling path such that a merging accuracy when the first environment map and the second environment map are merged is equal to or greater than a predetermined value, based on the information regarding the second environment map (step S1104 for determining consistency with a predetermined value, see [0087]+).
With regard to claim 5. Fukui teaches that the information processing device according to claim 1, wherein in a case where a plurality of the traveling paths with a merging accuracy of equal to or greater than a predetermined value is present, determining the travel path comprises selecting one of the traveling paths based on at least one of a traveling time of the traveling path, a path length of the traveling path, the accuracy of merging, and a date and time of the second environment map (the movement setting section 220 control the movement of the object 30 based on the movement cost, safety assurance, wherein the movement cost includes movement distance, time, fuel, toll, and etc., see [0071]+).
With regard to claim 6. Toyoura teaches that the information processing device according to claim 1, wherein in key frames and feature points held by the second environment map are included in a merged region when the first environment map and the second environment map are merged, determining the traveling path comprises determining the traveling path based on at least one of a number of the key frames, a distribution of the key frames, a number of the feature points, and a distribution of the feature points (map base 550 and environment map 500 are merged and analyzed for updated and determining a path planning based on road condition, see [0073]-[0075]+, [0087]-[0091]+ & [0288]-[0289]+).
With regard to claim 7. Fukui teaches that the information processing device according to claim 1, wherein determining the traveling path comprises determining the traveling path such that a path length of a merged region when the first environment map and the second environment map are merged is equal to or greater than a predetermined value (checking whether the new partial map error regarding a predetermined threshold, see [0111]-[0113]+).
With regard to claim 8. Fukui teaches that the information processing device according to claim 1, wherein determining the traveling path comprises selecting, as the second environment map, an environment map holding information from later than a predetermined date and time (updating of a reference map when the information processing device 20 detecting inconsistency between the reference map and the real world, see [0045]+, and the system includes a removable recording medium 901 which enables to set date and time to remove the temporary information, see [0178]+).
With regard to claim 9. Fukui teaches that the information processing device according to claim 1, wherein determining the traveling path comprises determining the traveling path based on positions and orientations of key frames held by the second environment map (the accuracy of the reference map is used for the automated driving control, see [0037]+).
With regard to claim 10. Fukui teaches that the information processing device according to claim 1, wherein determining the traveling path comprises determining the traveling path based on route information created based on position and orientation information of a second sensor measured when the second environment map is created (the information processing device 20 and the information processing server capable of detecting change in the real world more efficiently and keeping the reference map in a state closer to the rea world situation, see [0043]-[0050]+).
With regard to claim 11. Fukui teaches that the information processing device according to claim 1, wherein the at least one processor is further configured to:
merge the first environment map and the second environment map, change the traveling path based on a merging accuracy associated with the merged environment maps (determining the match observation information against reference map with a predetermined value, controlling the driving to a new unit space, see [0085]-[0087]+).
With regard to claims 12-14, Fukui discloses a movable apparatus comprising at least one processor and a memory coupled to the at least one processor, the memory storing instruction that (or includes a non-transitory computer-readable storage medium configured to store a computer program comprising instructions) for executing following:
calculate a position and an orientation of a movable apparatus based on measurement information of a first sensor that measures an environment in surroundings of the movable apparatus (an observation information acquisition section 230 acquiring observation information related to a unit space in the real world from a plurality of sensor such as GPS, geomagnetic sensor, barometric sensor, camera, laser, and etc. for position and attitude information of the mobile object 30, see [0072]-[0073]+);
create a first environment map relating to a first area in a vicinity of the movable apparatus based on the measurement information of the first sensor and the position and the orientation (the observation section 230 generates the observation information related to a unit space in the real world including the position, attitude and depth information, see [0072]-[0073] and [0112]+)
determine a second environment map to be merged with the first environment map (a determination section 210 has a function of determining consistency and inconsistency feature point detected from a reference map and the observation information acquired in a unit space in the real world, wherein the reference map includes 3D position information of static objects (e.g., buildings, traffic light, road information, and etc.) provided by multiple mobile device to the server 10 at various time, see [0036]-[0043] & [0068]-[0069]+, and determining the reference map be updated, see [0113]+);
acquire information regarding the second environment map (the determination section 210 determines the consistency on the basis of a distance between the feature point described in the reference map and the observation information of a partial region in the unit space, also determining inconsistency between the reference map and the observation information of a unit space when detecting feature points is large in the partial region , see [0087]-[0082]+ & [0085]+); and
determine a traveling path of the movable apparatus by extracting a region to be merged with the first environment map and the second environment map that relates to the second area different from the first area of the first environment map based on the information regarding the second environment map (the movement setting section 220 sets a planned movement route with destination of the mobile object 30, controlling movements of the object 30 based on the information of the unit space and the reference map, see [0069]-[0070] & [0149]-[0150]+);
control traveling based on the traveling path (the movement setting section 220 controls driving of the mobile object, see [0069]-[0070]+ & [0086]-[0087]+);
wherein the region to be merged is extracted by extracting a region in which at least one of the number of key frames, a distribution of the key frames, a number of the feature points, and a distribution of the feature points included in the second environment map is higher than respective predetermined value (detecting a distance between the featured points is large (distance larger that a predetermined value) in a partial region while the observation information and the reference map are matched with each other as a whole, see [0085]+ & [0112]+).
Fukui is not clearly teaching the second environment map relates to a second area different from the first area of the first environment map.
Toyoura discloses an information processing apparatus 200 performs acquiring sensor information and creating an environment map 500 based on the information (see [0175] +). The apparatus comprises sensors (LiDAR1) sensing area Ra, a RGB camera 313 for area Rc, and a sensor LiDAR2 for Rb (see [0120]+). The combination with the data of occupancy state of the object acquired from the point cloud data of the LiDARs (see [0121]+).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Fukui by including combination of different map areas within an environment map as taught by Toyoura. The combination of Fukui and Toyoura is an adapted system for navigating the mobile’s movement with accuracy and effectively.
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.
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NGA X. NGUYEN
Examiner
Art Unit 3662
/NGA X NGUYEN/Primary Examiner, Art Unit 3662
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