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 .
DETAILED ACTION
Status of the Claims
This action is in response to applicant’s filing on April 19, 2024. Claims 31-55 are pending.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AlA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994)
The disclosure of the prior-filed applications, Application No. 62/638,713; 62642/823; 62/671,779; 62/771,335; 62/805;646; and 62/813403 fail to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AlA 35 U.S.C. 112, first paragraph for one or more claims of this application. The prior-filed applications listed above fail to comply with the enablement requirement as the claimed subject matter is not described nor present, in either written or illustrative form, in the disclosure.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 36-37, 49-50 and 54-55 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 36, The term “a length randomly determined” is a relative term which renders the claim indefinite. The term “a length randomly determined” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 37, The term “the randomly determined length” is a relative term which renders the claim indefinite. The term “a length randomly determined” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 49, The term “a length randomly determined” is a relative term which renders the claim indefinite. The term “a length randomly determined” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 50, The term “the randomly determined length” is a relative term which renders the claim indefinite. The term “a length randomly determined” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 54, The term “a length randomly determined” is a relative term which renders the claim indefinite. The term “a length randomly determined” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 55, The term “the randomly determined length” is a relative term which renders the claim indefinite. The term “a length randomly determined” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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 nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 31-55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tatourian et al., US2016/0280224 A1 in view of Modica et al., US2017/0358204 A1.
Regarding claim 31, Tatourian teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation, the system comprising:
at least one processor comprising circuitry and a memory, (Tatourian, see at least ¶ [0020] “ The vehicle assistance server 102 includes a processor 220, an I/O subsystem 222, a memory 224, and a data storage device 226.”) wherein the memory includes instructions that when executed by the circuitry cause the at least one processor to:
receive navigation information from a plurality of vehicles, wherein the navigation information from the plurality of vehicles is associated with a common road section (Tatourian, see at least ¶ [0031] “Referring to FIG. 4, in the illustrative embodiment, the vehicle assistance server 102 establishes an environment 400 during operation. The illustrative embodiment 400 includes a data acquisition module 402, a vehicle assistance module 414, and a communication module 434. In use, the vehicle assistance server 102 is configured to collect and aggregate crowd-sourced road data, collect vehicle profile information related to a specific trip of a vehicle 108, and determine vehicle assistance data, based on the crowd-sourced road data and the vehicle profile information, to assist the vehicle 108 in its operation.”) and the navigation information includes:
first road segment information relative to a first portion of the common road section, wherein the first road segment information includes a determined at least one motion representation for a first vehicle of the plurality of vehicles and a determined at least one road characteristic relative to the first portion of the common road section; (Tatourian, see at least ¶ [0036] “In some embodiments, the data aggregation module 408 includes a geographic location module 410 to determine the location of each piece of data collected and correlate that collected data with locations on a navigation map. For example, crowd-sourced road data on the vehicle assistance database 412 may be indexed by the location at which the road data was collected. Indexing the collected road data by location allows the data acquisition module 402 to create navigational map full of additional information, such as road grade, road surface and traction, local weather information, or even particular road hazards. In some embodiments, the data aggregation module 408 segments the road into road segments based upon the received crowd-sourced data.”)
second road segment information relative to a second portion of the common road section, wherein the second road segment information includes a determined at least one motion representation for the first vehicle and a determined at least one road characteristic relative to the second portion of the common road section, the second portion of the road section being different from the first portion of the road section and spatially separated from the first portion of the road section by at least a third portion of the road section; (Tatourian, see at least ¶ [0094] “Example 22 includes an in-vehicle computing system for assisting a driver of a first vehicle, the in-vehicle computing system comprising a vehicle profile module to transmit vehicle profile information of the first vehicle indicative of at least one characteristic of the first vehicle to a vehicle assistance server while the first vehicle is located on a first road segment; a vehicle output module to (i) receive vehicle assistance data from the vehicle assistance server, wherein the vehicle assistance data is generated based on the vehicle profile information and crowd-sourced road data associated with the first road segment, (ii) determine the vehicle output module to determine at least one vehicle control command based on the received vehicle assistance data, and (iii) adjust a vehicle parameter of the first vehicle based on the vehicle control command.”) and
store the navigation information associated with the common road section; (Tatourian, see at least ¶ [0036]] “The data aggregation module 408 collects all of the received data, including the infrastructure data from the infrastructure data module 404 and the vehicle data from the vehicle data module 406, and aggregates, or organizes, the collected data into a searchable database (i.e., crowd-sourced road data). Once the collected road data has been organized, the aggregated road data is stored in a vehicle assistance database 412.”)
generate at least a portion of an autonomous vehicle road navigation model for the common road section based on the navigation information from the plurality of vehicles; (Tatourian, see at least ¶ [0036] “Indexing the collected road data by location allows the data acquisition module 402 to create navigational map full of additional information, such as road grade, road surface and traction, local weather information, or even particular road hazards. In some embodiments, the data aggregation module 408 segments the road into road segments based upon the received crowd-sourced data. For example, a road segment might be defined as a road section having an uphill grade, while an adjoining road segment might be defined as a road section having a downhill grade. Additionally, in some embodiments, the data aggregation module may generate, update, or otherwise maintain one or more probabilistic models based on the crowd-sourced road data, which may be used to predict operation or behavior of a vehicle currently traveling the corresponding road.”) and
distribute the autonomous vehicle road navigation model to one or more autonomous vehicles for use in autonomously navigating the one or more autonomous vehicles along the common road section. (Tatourian, see at least ¶ [0042] “The vehicle assistance data determination module 422 is configured to determine vehicle assistance data for any number of vehicles 108 using any number of roads based on the crowd-sourced road data. For example, the vehicle assistance data may include vehicle control commands and driver notifications. The vehicle control commands may be embodied as a signal that causes the in-vehicle computing system 110 to automatically adjust a vehicle parameter.”)
Tatourian does not specifically teach the following. However, Modica recommends third road segment information relative to the third portion of the common road section, wherein the third road segment information includes a determined at least one motion representation for a second vehicle of the plurality of vehicles and a determined at least one road characteristic relative to the third portion of the common road section. (Modica, see at least ¶ [0005] “Methods may include anonymizing the vehicle sensor data submission message. Anonymizing the vehicle sensor submission message may include dividing the plurality of estimated position points between a first path segment, a second path segment, and a gap path segment between the first path segment and the second path segment. Generating a path from the plurality of estimated position points may include generating a first path from the first path segment, generating a second path from the second path segment, and eliminating the gap path segment.”)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Tatourian with those of Modica as both relate to dynamic data acquisition by a server to be used by vehicles. (Modica, ¶ [0003]) In addition, this would be combining prior art elements according to known methods to yield predictable results.
Regarding claim 32, Tatourian teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation. Tatourian does not specifically teach the following. However, Modica recommends the first portion of the road section is separated from a starting point of a route traveled by the first vehicle based on a predetermined distance from the starting point. (Modica, see at least ¶ [0036] “The map data service provider may include a map database 110 that may include node data, road segment data or link data, point of interest (POI) data, traffic data or the like. The map database 110 may also include cartographic data, routing data, and/or maneuvering data. According to some example embodiments, the road segment data records may be links or segments representing roads, streets, or paths, as may be used in calculating a route or recorded route information for determination of one or more personalized routes. The node data may be end points corresponding to the respective links or segments of road segment data. The road link data and the node data may represent a road network, such as used by vehicles, cars, trucks, buses, motorcycles, and/or other entities. Optionally, the map database 110 may contain path segment and node data records or other data that may represent pedestrian paths or areas in addition to or instead of the vehicle road record data, for example.”) (see claim 31 above for rationale supporting obviousness, motivation, and reason to combine.)
Regarding claim 33, Tatourian teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation. Tatourian does not specifically teach the following. However, Modica recommends the first portion of the road section is separated from the starting point of a route traveled by the first vehicle by a distance determined from a temporal delay relative to the starting point. (Modica, see at least ¶ [0036] “The map data service provider may include a map database 110 that may include node data, road segment data or link data, point of interest (POI) data, traffic data or the like. The map database 110 may also include cartographic data, routing data, and/or maneuvering data. According to some example embodiments, the road segment data records may be links or segments representing roads, streets, or paths, as may be used in calculating a route or recorded route information for determination of one or more personalized routes. The node data may be end points corresponding to the respective links or segments of road segment data. The road link data and the node data may represent a road network, such as used by vehicles, cars, trucks, buses, motorcycles, and/or other entities. Optionally, the map database 110 may contain path segment and node data records or other data that may represent pedestrian paths or areas in addition to or instead of the vehicle road record data, for example.”) (see claim 31 above for rationale supporting obviousness, motivation, and reason to combine.)
Regarding claim 34, Tatourian teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation. Tatourian does not specifically teach the following. However, the combination of Tatourian and Modica recommends the claimed invention except the first portion of the road section is spatially separated from the second portion of the road section by a distance of at least 1 km. It would have been an obvious matter of design choice to choose a section length, since applicant has not disclosed that a certain section solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with different lengths.
Regarding claim 35, Tatourian teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation. Tatourian does not specifically teach the following. However, the combination of Tatourian and Modica recommends the claimed invention except the first portion of the road section and the second portion of the road section each have a length of at least 2 km. It would have been an obvious matter of design choice to choose a section length, since applicant has not disclosed that a certain section solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with different lengths.
Regarding claim 36, Tatourian teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation. Tatourian does not specifically teach the following. However, However, the combination of Tatourian and Modica recommends the claimed invention except the first portion of the road section and the second portion of the road section each have a length randomly determined by the at least one processor. It would have been an obvious matter of design choice to choose a section length, since applicant has not disclosed that a certain section solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with different lengths.
Regarding claim 37, Tatourian teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation. Tatourian does not specifically teach the following. However, the combination of Tatourian and Modica recommends the claimed invention except the randomly determined length falls within +/- 0.5 km of a predetermined length. It would have been an obvious matter of design choice to choose a section length, since applicant has not disclosed that a certain section solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with different lengths.
Regarding claim 38, Tatourian in view of Modica teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation, wherein the determined at least one road characteristic relative to the first portion of the common road section includes a lane characteristic. (Tatourian, see at least ¶ [0028] “The in-vehicle computing system 110 also includes sensors 338 configured to sense or measure vehicle operational data and/or road condition data. In some embodiments, one or more cameras 340 can be coupled to the in-vehicle computing system 110 to capture one or more aspects of the roadway. For example, some vehicles 108 may include cameras that monitor striping on the surface of the road, thereby allowing the in-vehicle computing system to assist the driver in staying within a lane of traffic.)
Regarding claim 39, Tatourian in view of Modica teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation, wherein the lane characteristic includes an indicator of at least one of a detected lane split, lane merge, dashed lane marking line, solid lane marking line, road surface color within a lane, lane line color, lane direction, or lane type. (Tatourian, see at least ¶ [0028] “The in-vehicle computing system 110 also includes sensors 338 configured to sense or measure vehicle operational data and/or road condition data. In some embodiments, one or more cameras 340 can be coupled to the in-vehicle computing system 110 to capture one or more aspects of the roadway. For example, some vehicles 108 may include cameras that monitor striping on the surface of the road, thereby allowing the in-vehicle computing system to assist the driver in staying within a lane of traffic.)
Regarding claim 40, Tatourian in view of Modica teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation, wherein the determined at least one road characteristic relative to the first portion of the common road section includes an indicator of a road edge location. (Tatourian, see at least ¶ [0028] “The in-vehicle computing system 110 also includes sensors 338 configured to sense or measure vehicle operational data and/or road condition data. In some embodiments, one or more cameras 340 can be coupled to the in-vehicle computing system 110 to capture one or more aspects of the roadway. For example, some vehicles 108 may include cameras that monitor striping on the surface of the road, thereby allowing the in-vehicle computing system to assist the driver in staying within a lane of traffic.)
Regarding claim 41, Tatourian teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation. Tatourian does not specifically teach the following. However, Modica recommends the determined at least one road characteristic relative to the first portion of the common road section includes a landmark identifier. (Modica, see at least ¶ [0093] “Similarly, the engine state may be provided as to whether the engine is running, the engine is stopped, the engine is in an idle mode, the engine speed (revolutions per minute), the engine is stopped while a vehicle is stopped at a traffic light, etc.”) (see claim 31 above for rationale supporting obviousness, motivation, and reason to combine.)
Regarding claim 42, Tatourian teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation. Tatourian does not specifically teach the following. However, Modica recommends the landmark identifier includes at least one of a landmark type or a landmark location. (Modica, see at least ¶ [0093] “Similarly, the engine state may be provided as to whether the engine is running, the engine is stopped, the engine is in an idle mode, the engine speed (revolutions per minute), the engine is stopped while a vehicle is stopped at a traffic light, etc.”) (see claim 31 above for rationale supporting obviousness, motivation, and reason to combine.)
Regarding claim 43, Tatourian teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation. Tatourian does not specifically teach the following. However, Modica recommends the landmark type includes at least one of a traffic signal, pole, road marking, stop line, or sign. (Modica, see at least ¶ [0093] “Similarly, the engine state may be provided as to whether the engine is running, the engine is stopped, the engine is in an idle mode, the engine speed (revolutions per minute), the engine is stopped while a vehicle is stopped at a traffic light, etc.”) (see claim 31 above for rationale supporting obviousness, motivation, and reason to combine.)
Regarding claim 44, Tatourian teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation. Tatourian does not specifically teach the following. However, Modica recommends the determined at least one road characteristic relative to the first portion of the common road section includes a temporary road characteristic comprising an indicator of a weather condition along the road section. (Modica, see at least ¶ [0078] “Vehicle environment may optionally be reported in the vehicle data which may provide context for various other sensor data provided by the vehicle. Environment data elements may include, for example: light conditions, external air temperature, external air temperature accuracy, precipitation, visible distance, road surface temperature, road surface temperature accuracy, road surface type, precipitation type, precipitation volume, etc.”) (see claim 31 above for rationale supporting obviousness, motivation, and reason to combine.)
Regarding claim 45, Tatourian teaches a server-based system for processing vehicle navigation information for use in autonomous vehicle navigation. Tatourian does not specifically teach the following. However, Modica recommends the indicator of weather condition is associated with at least one of snow, rain, fog, or sun glare. (Modica, see at least ¶ [0078] “Vehicle environment may optionally be reported in the vehicle data which may provide context for various other sensor data provided by the vehicle. Environment data elements may include, for example: light conditions, external air temperature, external air temperature accuracy, precipitation, visible distance, road surface temperature, road surface temperature accuracy, road surface type, precipitation type, precipitation volume, etc.”) (see claim 31 above for rationale supporting obviousness, motivation, and reason to combine.)
Claims 46 and 51 are rejected as using significantly the same rationale as claim 31 above.
Claims 47 and 52 are rejected as using significantly the same rationale as claim 32 above.
Claims 48 and 53 are rejected as using significantly the same rationale as claim 33 above.
Claims 49 and 54 are rejected as using significantly the same rationale as claim 36 above.
Claims 50 and 55 are rejected as using significantly the same rationale as claim 36 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P SWEENEY whose telephone number is (313)446-4906. The examiner can normally be reached on Monday-Thursday from 7:30AM to 5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James J. Lee, can be reached at telephone number 571-270-5965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN P SWEENEY/ Primary Examiner, Art Unit 3668