DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Joint Inventors
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.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). A certified copy of this document has been placed in the file wrapper. As such, the effective filing date of the instant application is considered 11/23/2021, coinciding with the filing date of the Germany application to which foreign priority was requested.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/18/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
No claims have been cancelled or added. The 35 U.S.C. 112(b) rejection has been withdrawn in view of amendment, and the prior art rejection has been updated to reflect the amended language.
Response to Arguments
Applicant's arguments filed 05/22/2026 have been fully considered but they are only partially persuasive.
Applicant first contends that the amended language in claims 11 and 19 overcomes the 112(b) rejection by specifying that the greatest field of vision refers to maximizing the view of the roadway surface. Applicant next restates the argument that Burca merely discloses a stopping point determined around maintaining a point of interest, not an area / field of vision of the roadway. Examiner respectfully disagrees, and finds that Applicant is over limiting the reference. While the first example provided in Burca is adjusting the stopping point, at least Burca 0028 further clarifies
the point of interest is at least one of the following: a traffic light, a traffic sign, a driving lane, a roundabout, an intersection, a cross-walk or a pedestrian area. Thus, the point of interest may also be an area of interest.
Burca therefore discloses a stopping point selected so as to maximize the field of vision of an area of the road, which fully discloses the BRI of the currently claimed language.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 11-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burca (EP3599141A1, referred to as Burca).
Regarding claim 11: Burca discloses: A method for controlling an automatically driving vehicle in a region of a crossroads using data recorded by a surroundings recording sensor system, the method comprising: determining, before reaching the crossroads along a roadway lying ahead of the vehicle until the crossroads are reached, several future vehicle positions as stopping point candidates; predicting, for each of the stopping point candidates and taking into consideration an elevation profile of a roadway surface in the region of the crossroads, a field of vision of the surroundings recording sensor system; selecting, as a stopping position of the vehicle, a stopping point candidate of the stopping point candidates at which the surroundings recording sensor system has a greatest field of vision of the roadway surface; recording, by the surroundings recording sensor system at the stopping position, vehicle surroundings; and automatically steering the vehicle into the crossroads depending on a traffic situation determined from the recorded vehicle surroundings. ([0038] Fig. 1 show a multi hypothesis prediction device 1. The multi hypothesis prediction device 1 comprises a sensor arrangement 11, a calculation module 10 and a path determination module 12. The path determination module 12 may be configured to determine a path of the vehicle, wherein the path comprises future positions of the vehicle. The path determination module 12 may be a navigation system (satnav) including a GPS module (or another positioning module). The sensor arrangement 11 may be configured to acquire sensor data of the vehicle environment. The sensor arrangement 11 may comprises a camera, a radar sensor, a lidar sensor, an ultrasonic sensor or a combination thereof. The calculation module 10 may be configured to analyse the sensor data and determine at least one point of interest and its location. Alternatively or in addition, the point of interest may be listed in a map. Further, the calculation module 10 is configured to determine a field of view of the sensor arrangement 11 at a future position. Thus, which areas may be seen by the sensor arrangement 11 or from which objects the sensor arrangement 11 is able to acquire sensor data. This field of view may be represented as a polygon. The calculation module 10 is further configured to determine the field of view of the sensor arrangement 11 at the future position of the vehicle comprising the multi hypothesis prediction device 1 along the path of the vehicle. The field of view of the sensor arrangement 11 may be restricted by obstructions or objects blocking the view of the sensor arrangement 11. Furthermore, the calculation module 10 is configured to determine whether the location of the point of interest is within the determined field of view at a future position. If the location of the point of interest is within the field of view at the future position, the calculation module 10 is configured to move the vehicle to this future position. If the location of the point of interest is not within the field of view at the future position, the calculation module does not move the vehicle to this future position or changes the path of the vehicle. The calculation module 10 may determine a stopping location for the vehicle, such that the point of interest, for example a traffic light, is still within the field of view of the sensor arrangement 11. Then the sensor arrangement 11 is able to acquire sensor data of the point of interest at the future position or stopping location, for example a change of the traffic light (from red to green). Further, the vehicle may also change the driving lane, such that the point of interest is still within the field of view of the sensor arrangement. Further, the calculation module 10 is configured to determine the field of view in different heights or planes parallel to the ground, since the heights of obstructions differ or some points of interest are located at an elevated position. The calculation module 10 may determine each 50cm, measured in a height direction, a field of view of the sensor arrangement 11.)
Regarding claim 12: Burca discloses: The method of claim 11,
Burca further discloses: wherein an orientation of the vehicle at the stopping position is changed by an active chassis of the vehicle in such a way that the field of vision of the surroundings recording sensor system is maximized. ([0038] Fig. 1 show a multi hypothesis prediction device 1. The multi hypothesis prediction device 1 comprises a sensor arrangement 11, a calculation module 10 and a path determination module 12. The path determination module 12 may be configured to determine a path of the vehicle, wherein the path comprises future positions of the vehicle. The path determination module 12 may be a navigation system (satnav) including a GPS module (or another positioning module). The sensor arrangement 11 may be configured to acquire sensor data of the vehicle environment. The sensor arrangement 11 may comprises a camera, a radar sensor, a lidar sensor, an ultrasonic sensor or a combination thereof. The calculation module 10 may be configured to analyse the sensor data and determine at least one point of interest and its location. Alternatively or in addition, the point of interest may be listed in a map. Further, the calculation module 10 is configured to determine a field of view of the sensor arrangement 11 at a future position. Thus, which areas may be seen by the sensor arrangement 11 or from which objects the sensor arrangement 11 is able to acquire sensor data. This field of view may be represented as a polygon. The calculation module 10 is further configured to determine the field of view of the sensor arrangement 11 at the future position of the vehicle comprising the multi hypothesis prediction device 1 along the path of the vehicle. The field of view of the sensor arrangement 11 may be restricted by obstructions or objects blocking the view of the sensor arrangement 11. Furthermore, the calculation module 10 is configured to determine whether the location of the point of interest is within the determined field of view at a future position. If the location of the point of interest is within the field of view at the future position, the calculation module 10 is configured to move the vehicle to this future position. If the location of the point of interest is not within the field of view at the future position, the calculation module does not move the vehicle to this future position or changes the path of the vehicle. The calculation module 10 may determine a stopping location for the vehicle, such that the point of interest, for example a traffic light, is still within the field of view of the sensor arrangement 11. Then the sensor arrangement 11 is able to acquire sensor data of the point of interest at the future position or stopping location, for example a change of the traffic light (from red to green) . Further, the vehicle may also change the driving lane, such that the point of interest is still within the field of view of the sensor arrangement. Further, the calculation module 10 is configured to determine the field of view in different heights or planes parallel to the ground, since the heights of obstructions differ or some points of interest are located at an elevated position. The calculation module 10 may determine each 50cm, measured in a height direction, a field of view of the sensor arrangement 11.)
Regarding claim 13: Burca discloses: The method of claim 11,
Burca further discloses: wherein a position of the vehicle at the stopping position is changed by an automatic longitudinal or transverse movement of the vehicle in such a way that the field of vision of the surroundings recording sensor system is maximized. ([0038] Fig. 1 show a multi hypothesis prediction device 1. The multi hypothesis prediction device 1 comprises a sensor arrangement 11, a calculation module 10 and a path determination module 12. The path determination module 12 may be configured to determine a path of the vehicle, wherein the path comprises future positions of the vehicle. The path determination module 12 may be a navigation system (satnav) including a GPS module (or another positioning module). The sensor arrangement 11 may be configured to acquire sensor data of the vehicle environment. The sensor arrangement 11 may comprises a camera, a radar sensor, a lidar sensor, an ultrasonic sensor or a combination thereof. The calculation module 10 may be configured to analyse the sensor data and determine at least one point of interest and its location. Alternatively or in addition, the point of interest may be listed in a map. Further, the calculation module 10 is configured to determine a field of view of the sensor arrangement 11 at a future position. Thus, which areas may be seen by the sensor arrangement 11 or from which objects the sensor arrangement 11 is able to acquire sensor data. This field of view may be represented as a polygon. The calculation module 10 is further configured to determine the field of view of the sensor arrangement 11 at the future position of the vehicle comprising the multi hypothesis prediction device 1 along the path of the vehicle. The field of view of the sensor arrangement 11 may be restricted by obstructions or objects blocking the view of the sensor arrangement 11. Furthermore, the calculation module 10 is configured to determine whether the location of the point of interest is within the determined field of view at a future position. If the location of the point of interest is within the field of view at the future position, the calculation module 10 is configured to move the vehicle to this future position. If the location of the point of interest is not within the field of view at the future position, the calculation module does not move the vehicle to this future position or changes the path of the vehicle. The calculation module 10 may determine a stopping location for the vehicle, such that the point of interest, for example a traffic light, is still within the field of view of the sensor arrangement 11. Then the sensor arrangement 11 is able to acquire sensor data of the point of interest at the future position or stopping location, for example a change of the traffic light (from red to green) . Further, the vehicle may also change the driving lane, such that the point of interest is still within the field of view of the sensor arrangement. Further, the calculation module 10 is configured to determine the field of view in different heights or planes parallel to the ground, since the heights of obstructions differ or some points of interest are located at an elevated position. The calculation module 10 may determine each 50cm, measured in a height direction, a field of view of the sensor arrangement 11.)
Regarding claim 14: Burca discloses: The method of claim 11,
Burca further discloses: wherein the stopping point candidates are determined using map data of a digital road map. ([0038] Fig. 1 show a multi hypothesis prediction device 1. The multi hypothesis prediction device 1 comprises a sensor arrangement 11, a calculation module 10 and a path determination module 12. The path determination module 12 may be configured to determine a path of the vehicle, wherein the path comprises future positions of the vehicle. The path determination module 12 may be a navigation system (satnav) including a GPS module (or another positioning module). The sensor arrangement 11 may be configured to acquire sensor data of the vehicle environment. The sensor arrangement 11 may comprises a camera, a radar sensor, a lidar sensor, an ultrasonic sensor or a combination thereof. The calculation module 10 may be configured to analyse the sensor data and determine at least one point of interest and its location. Alternatively or in addition, the point of interest may be listed in a map. Further, the calculation module 10 is configured to determine a field of view of the sensor arrangement 11 at a future position. Thus, which areas may be seen by the sensor arrangement 11 or from which objects the sensor arrangement 11 is able to acquire sensor data. This field of view may be represented as a polygon. The calculation module 10 is further configured to determine the field of view of the sensor arrangement 11 at the future position of the vehicle comprising the multi hypothesis prediction device 1 along the path of the vehicle. The field of view of the sensor arrangement 11 may be restricted by obstructions or objects blocking the view of the sensor arrangement 11. Furthermore, the calculation module 10 is configured to determine whether the location of the point of interest is within the determined field of view at a future position. If the location of the point of interest is within the field of view at the future position, the calculation module 10 is configured to move the vehicle to this future position. If the location of the point of interest is not within the field of view at the future position, the calculation module does not move the vehicle to this future position or changes the path of the vehicle. The calculation module 10 may determine a stopping location for the vehicle, such that the point of interest, for example a traffic light, is still within the field of view of the sensor arrangement 11. Then the sensor arrangement 11 is able to acquire sensor data of the point of interest at the future position or stopping location, for example a change of the traffic light (from red to green) . Further, the vehicle may also change the driving lane, such that the point of interest is still within the field of view of the sensor arrangement. Further, the calculation module 10 is configured to determine the field of view in different heights or planes parallel to the ground, since the heights of obstructions differ or some points of interest are located at an elevated position. The calculation module 10 may determine each 50cm, measured in a height direction, a field of view of the sensor arrangement 11.)
Regarding claim 15: Burca discloses: The method of claim 11,
Burca further discloses: wherein the stopping point candidates are determined using model data of a surroundings model. ([0038] Fig. 1 show a multi hypothesis prediction device 1. The multi hypothesis prediction device 1 comprises a sensor arrangement 11, a calculation module 10 and a path determination module 12. The path determination module 12 may be configured to determine a path of the vehicle, wherein the path comprises future positions of the vehicle. The path determination module 12 may be a navigation system (satnav) including a GPS module (or another positioning module). The sensor arrangement 11 may be configured to acquire sensor data of the vehicle environment. The sensor arrangement 11 may comprises a camera, a radar sensor, a lidar sensor, an ultrasonic sensor or a combination thereof. The calculation module 10 may be configured to analyse the sensor data and determine at least one point of interest and its location. Alternatively or in addition, the point of interest may be listed in a map. Further, the calculation module 10 is configured to determine a field of view of the sensor arrangement 11 at a future position. Thus, which areas may be seen by the sensor arrangement 11 or from which objects the sensor arrangement 11 is able to acquire sensor data. This field of view may be represented as a polygon. The calculation module 10 is further configured to determine the field of view of the sensor arrangement 11 at the future position of the vehicle comprising the multi hypothesis prediction device 1 along the path of the vehicle. The field of view of the sensor arrangement 11 may be restricted by obstructions or objects blocking the view of the sensor arrangement 11. Furthermore, the calculation module 10 is configured to determine whether the location of the point of interest is within the determined field of view at a future position. If the location of the point of interest is within the field of view at the future position, the calculation module 10 is configured to move the vehicle to this future position. If the location of the point of interest is not within the field of view at the future position, the calculation module does not move the vehicle to this future position or changes the path of the vehicle. The calculation module 10 may determine a stopping location for the vehicle, such that the point of interest, for example a traffic light, is still within the field of view of the sensor arrangement 11. Then the sensor arrangement 11 is able to acquire sensor data of the point of interest at the future position or stopping location, for example a change of the traffic light (from red to green) . Further, the vehicle may also change the driving lane, such that the point of interest is still within the field of view of the sensor arrangement. Further, the calculation module 10 is configured to determine the field of view in different heights or planes parallel to the ground, since the heights of obstructions differ or some points of interest are located at an elevated position. The calculation module 10 may determine each 50cm, measured in a height direction, a field of view of the sensor arrangement 11.)
Regarding claim 16: Burca discloses: The method of claim 15,
Burca further discloses: wherein the surroundings model is generated by the recorded vehicle surroundings. ([0038] Fig. 1 show a multi hypothesis prediction device 1. The multi hypothesis prediction device 1 comprises a sensor arrangement 11, a calculation module 10 and a path determination module 12. The path determination module 12 may be configured to determine a path of the vehicle, wherein the path comprises future positions of the vehicle. The path determination module 12 may be a navigation system (satnav) including a GPS module (or another positioning module). The sensor arrangement 11 may be configured to acquire sensor data of the vehicle environment. The sensor arrangement 11 may comprises a camera, a radar sensor, a lidar sensor, an ultrasonic sensor or a combination thereof. The calculation module 10 may be configured to analyse the sensor data and determine at least one point of interest and its location. Alternatively or in addition, the point of interest may be listed in a map. Further, the calculation module 10 is configured to determine a field of view of the sensor arrangement 11 at a future position. Thus, which areas may be seen by the sensor arrangement 11 or from which objects the sensor arrangement 11 is able to acquire sensor data. This field of view may be represented as a polygon. The calculation module 10 is further configured to determine the field of view of the sensor arrangement 11 at the future position of the vehicle comprising the multi hypothesis prediction device 1 along the path of the vehicle. The field of view of the sensor arrangement 11 may be restricted by obstructions or objects blocking the view of the sensor arrangement 11. Furthermore, the calculation module 10 is configured to determine whether the location of the point of interest is within the determined field of view at a future position. If the location of the point of interest is within the field of view at the future position, the calculation module 10 is configured to move the vehicle to this future position. If the location of the point of interest is not within the field of view at the future position, the calculation module does not move the vehicle to this future position or changes the path of the vehicle. The calculation module 10 may determine a stopping location for the vehicle, such that the point of interest, for example a traffic light, is still within the field of view of the sensor arrangement 11. Then the sensor arrangement 11 is able to acquire sensor data of the point of interest at the future position or stopping location, for example a change of the traffic light (from red to green) . Further, the vehicle may also change the driving lane, such that the point of interest is still within the field of view of the sensor arrangement. Further, the calculation module 10 is configured to determine the field of view in different heights or planes parallel to the ground, since the heights of obstructions differ or some points of interest are located at an elevated position. The calculation module 10 may determine each 50cm, measured in a height direction, a field of view of the sensor arrangement 11.)
Regarding claim 17: Burca discloses: The method of claim 15,
Burca further discloses: wherein data of a three-dimensional further surroundings model of the vehicle surroundings is compiled using vehicle surroundings recorded at the stopping position by the surroundings recording sensor system. ([0038] Fig. 1 show a multi hypothesis prediction device 1. The multi hypothesis prediction device 1 comprises a sensor arrangement 11, a calculation module 10 and a path determination module 12. The path determination module 12 may be configured to determine a path of the vehicle, wherein the path comprises future positions of the vehicle. The path determination module 12 may be a navigation system (satnav) including a GPS module (or another positioning module). The sensor arrangement 11 may be configured to acquire sensor data of the vehicle environment. The sensor arrangement 11 may comprises a camera, a radar sensor, a lidar sensor, an ultrasonic sensor or a combination thereof. The calculation module 10 may be configured to analyse the sensor data and determine at least one point of interest and its location. Alternatively or in addition, the point of interest may be listed in a map. Further, the calculation module 10 is configured to determine a field of view of the sensor arrangement 11 at a future position. Thus, which areas may be seen by the sensor arrangement 11 or from which objects the sensor arrangement 11 is able to acquire sensor data. This field of view may be represented as a polygon. The calculation module 10 is further configured to determine the field of view of the sensor arrangement 11 at the future position of the vehicle comprising the multi hypothesis prediction device 1 along the path of the vehicle. The field of view of the sensor arrangement 11 may be restricted by obstructions or objects blocking the view of the sensor arrangement 11. Furthermore, the calculation module 10 is configured to determine whether the location of the point of interest is within the determined field of view at a future position. If the location of the point of interest is within the field of view at the future position, the calculation module 10 is configured to move the vehicle to this future position. If the location of the point of interest is not within the field of view at the future position, the calculation module does not move the vehicle to this future position or changes the path of the vehicle. The calculation module 10 may determine a stopping location for the vehicle, such that the point of interest, for example a traffic light, is still within the field of view of the sensor arrangement 11. Then the sensor arrangement 11 is able to acquire sensor data of the point of interest at the future position or stopping location, for example a change of the traffic light (from red to green) . Further, the vehicle may also change the driving lane, such that the point of interest is still within the field of view of the sensor arrangement. Further, the calculation module 10 is configured to determine the field of view in different heights or planes parallel to the ground, since the heights of obstructions differ or some points of interest are located at an elevated position. The calculation module 10 may determine each 50cm, measured in a height direction, a field of view of the sensor arrangement 11.)
Regarding claim 18: Burca discloses: The method of claim 17,
Burca further discloses: wherein an orientation of the vehicle for maximizing the field of vision of the surroundings recording sensor system is determined using the three-dimensional further surroundings model and map data of a digital road map. ([0038] Fig. 1 show a multi hypothesis prediction device 1. The multi hypothesis prediction device 1 comprises a sensor arrangement 11, a calculation module 10 and a path determination module 12. The path determination module 12 may be configured to determine a path of the vehicle, wherein the path comprises future positions of the vehicle. The path determination module 12 may be a navigation system (satnav) including a GPS module (or another positioning module). The sensor arrangement 11 may be configured to acquire sensor data of the vehicle environment. The sensor arrangement 11 may comprises a camera, a radar sensor, a lidar sensor, an ultrasonic sensor or a combination thereof. The calculation module 10 may be configured to analyse the sensor data and determine at least one point of interest and its location. Alternatively or in addition, the point of interest may be listed in a map. Further, the calculation module 10 is configured to determine a field of view of the sensor arrangement 11 at a future position. Thus, which areas may be seen by the sensor arrangement 11 or from which objects the sensor arrangement 11 is able to acquire sensor data. This field of view may be represented as a polygon. The calculation module 10 is further configured to determine the field of view of the sensor arrangement 11 at the future position of the vehicle comprising the multi hypothesis prediction device 1 along the path of the vehicle. The field of view of the sensor arrangement 11 may be restricted by obstructions or objects blocking the view of the sensor arrangement 11. Furthermore, the calculation module 10 is configured to determine whether the location of the point of interest is within the determined field of view at a future position. If the location of the point of interest is within the field of view at the future position, the calculation module 10 is configured to move the vehicle to this future position. If the location of the point of interest is not within the field of view at the future position, the calculation module does not move the vehicle to this future position or changes the path of the vehicle. The calculation module 10 may determine a stopping location for the vehicle, such that the point of interest, for example a traffic light, is still within the field of view of the sensor arrangement 11. Then the sensor arrangement 11 is able to acquire sensor data of the point of interest at the future position or stopping location, for example a change of the traffic light (from red to green) . Further, the vehicle may also change the driving lane, such that the point of interest is still within the field of view of the sensor arrangement. Further, the calculation module 10 is configured to determine the field of view in different heights or planes parallel to the ground, since the heights of obstructions differ or some points of interest are located at an elevated position. The calculation module 10 may determine each 50cm, measured in a height direction, a field of view of the sensor arrangement 11.)
Regarding claim 19: Rejected using the same rationale as claim 11.
Regarding claim 20: Rejected using the same rationale as claim 12.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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/ATTICUS A CAMERON/ /JASON HOLLOWAY/ Primary Examiner, Art Unit 3658
Examiner, Art Unit 3658A
Prosecution Insights