Prosecution Insights
Last updated: August 17, 2026
Application No. 18/730,829

IDENTIFICATION SYSTEM, IDENTIFICATION METHOD, AND STORAGE MEDIUM

Non-Final OA §102§103
Filed
Jul 22, 2024
Priority
Jan 25, 2022 — nonprovisional of PCTJP2022002672
Examiner
PATEL, SANJIV D
Art Unit
Tech Center
Assignee
NEC Corporation
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
769 granted / 985 resolved
+18.1% vs TC avg
Minimal +4% lift
Without
With
+4.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
31 currently pending
Career history
1010
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
62.1%
+22.1% vs TC avg
§102
15.9%
-24.1% vs TC avg
§112
6.7%
-33.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 985 resolved cases

Office Action

§102 §103
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 . Claims 1-7 filed on July 22, 2024 are pending Claim Rejections - 35 USC § 102 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. Claims 1, 3, 5, 6, 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bjorkeson (EP 3805987 A1, Published April 14, 2021). As to claim 1, Bjorkeson discloses an identification system comprising: an acquisition circuit configured to acquire, based on laser light emitted to a plurality of positions within a target space including a stationary structure and reflected light of the laser light, position information according to the positions and wavelength information based on a wavelength of the reflected light reflected at the plurality of positions (Bjorkeson at Fig. 1, sensor 110; ¶ [0030-[[0031] discloses “The vehicle sensor 110 may comprise a single sensor unit or a plurality of sensor units, potentially of different type and/or of different configuration. For instance, the vehicle sensor 110 may comprise any of a LIDAR sensor, a RADAR sensor, a camera sensor, or an ultrasound sensor.”); an identification circuit configured to identify, based on the wavelength information, a moving object position where a moving object is present among the plurality of positions (Bjorkeson at Fig. 1, objects 150, 160; ¶ [0032]-[0034] discloses “[0032] The vehicle sensor 110 is arranged to generate a number of data points comprising coordinates in a relative coordinate system, i.e., relative to the location and orientation of the sensor. The coordinates may be Cartesian coordinates or they may be polar coordinates…. [0034] A data point, in general, is a value or collection of values representing a configuration of an object or part of an object in an environment, such as in a vicinity of a vehicle. For instance, in case of a LIDAR sensor, a data point may comprise a value indicating a range and an angle from the LIDAR sensor transceiver, or a set of coordinates describing a point in three-dimensional space. A data point may also comprise a velocity estimate obtained from a Doppler shift of a received waveform, and an angle or bearing obtained from an angle of arrival of a reflected sensor signal waveform. The velocity data may in some cases be quantized into moving or stationary, since some aspects of the methods disclosed herein comprises discarding data points related to moving objects.”); and a monitoring setting circuit configured to set, to a target of monitoring, the positions other than the moving object position among the plurality of positions (Bjorkeson at Figs. 2-3, static model 200, 300 of the environment. ¶ [0034] discloses “The velocity data may in some cases be quantized into moving or stationary, since some aspects of the methods disclosed herein comprises discarding data points related to moving objects.” ¶ [0040] discloses “he first object 160 and the second object 150 may be tracked over time by a tracking algorithm” ¶ [0042] discloses “One of the main ideas behind the present disclosure is to define a feature or region as stable or stationary if its temporal variations correspond to a previously computed model of the region - and to provide this feature as external output from the vehicle sensor 110 or from the vehicle control unit 120”). As to claim 3, Bjorkeson discloses the identification system according to claim 1, wherein the acquisition circuit acquires the wavelength information according to a difference between the wavelength of the reflected light and a wavelength of the laser light (Bjorkeson at ¶ [0034] discloses “A data point may also comprise a velocity estimate obtained from a Doppler shift of a received waveform”). As to claim 5, Bjorkeson discloses the identification system according to claim 1, further comprising a monitor configured to monitor the position being set as the target of monitoring (Bjorkeson at ¶ [0040] discloses “he first object 160 and the second object 150 may be tracked over time by a tracking algorithm”). As to claim 6, Bjorkeson discloses an identification method comprising: acquiring, based on laser light emitted to a plurality of positions within a target space including a stationary structure and reflected light of the laser light, position information according to the positions and wavelength information based on a wavelength of the reflected light reflected at the positions (Bjorkeson at Fig. 1, sensor 110; ¶ [0030-[[0031] discloses “The vehicle sensor 110 may comprise a single sensor unit or a plurality of sensor units, potentially of different type and/or of different configuration. For instance, the vehicle sensor 110 may comprise any of a LIDAR sensor, a RADAR sensor, a camera sensor, or an ultrasound sensor.”); identifying, based on the wavelength information, a moving object position where a moving object is present among the plurality of positions (Bjorkeson at Fig. 1, objects 150, 160; ¶ [0032]-[0034] discloses “[0032] The vehicle sensor 110 is arranged to generate a number of data points comprising coordinates in a relative coordinate system, i.e., relative to the location and orientation of the sensor. The coordinates may be Cartesian coordinates or they may be polar coordinates…. [0034] A data point, in general, is a value or collection of values representing a configuration of an object or part of an object in an environment, such as in a vicinity of a vehicle. For instance, in case of a LIDAR sensor, a data point may comprise a value indicating a range and an angle from the LIDAR sensor transceiver, or a set of coordinates describing a point in three-dimensional space. A data point may also comprise a velocity estimate obtained from a Doppler shift of a received waveform, and an angle or bearing obtained from an angle of arrival of a reflected sensor signal waveform. The velocity data may in some cases be quantized into moving or stationary, since some aspects of the methods disclosed herein comprises discarding data points related to moving objects.”); and setting, to a target of monitoring, the positions other than the moving object position among the plurality of positions (Bjorkeson at Figs. 2-3, static model 200, 300 of the environment. ¶ [0034] discloses “The velocity data may in some cases be quantized into moving or stationary, since some aspects of the methods disclosed herein comprises discarding data points related to moving objects.” ¶ [0040] discloses “he first object 160 and the second object 150 may be tracked over time by a tracking algorithm” ¶ [0042] discloses “One of the main ideas behind the present disclosure is to define a feature or region as stable or stationary if its temporal variations correspond to a previously computed model of the region - and to provide this feature as external output from the vehicle sensor 110 or from the vehicle control unit 120”). As to claim 7, Bjorkeson discloses a tangible and non-transitory storage medium storing a program that causes an information processing apparatus to execute: processing of acquiring, based on laser light emitted to a plurality of positions within a target space including a stationary structure and reflected light of the laser light, position information according to the positions and wavelength information based on a wavelength of the reflected light reflected at the positions (Bjorkeson at Fig. 1, sensor 110; ¶ [0030-[[0031] discloses “The vehicle sensor 110 may comprise a single sensor unit or a plurality of sensor units, potentially of different type and/or of different configuration. For instance, the vehicle sensor 110 may comprise any of a LIDAR sensor, a RADAR sensor, a camera sensor, or an ultrasound sensor.”); processing of identifying, based on the wavelength information, a moving object position where a moving object is present among the plurality of positions (Bjorkeson at Fig. 1, objects 150, 160; ¶ [0032]-[0034] discloses “[0032] The vehicle sensor 110 is arranged to generate a number of data points comprising coordinates in a relative coordinate system, i.e., relative to the location and orientation of the sensor. The coordinates may be Cartesian coordinates or they may be polar coordinates…. [0034] A data point, in general, is a value or collection of values representing a configuration of an object or part of an object in an environment, such as in a vicinity of a vehicle. For instance, in case of a LIDAR sensor, a data point may comprise a value indicating a range and an angle from the LIDAR sensor transceiver, or a set of coordinates describing a point in three-dimensional space. A data point may also comprise a velocity estimate obtained from a Doppler shift of a received waveform, and an angle or bearing obtained from an angle of arrival of a reflected sensor signal waveform. The velocity data may in some cases be quantized into moving or stationary, since some aspects of the methods disclosed herein comprises discarding data points related to moving objects.”); and processing of setting, to a target of monitoring, the positions other than the moving object position among the plurality of positions (Bjorkeson at Figs. 2-3, static model 200, 300 of the environment. ¶ [0034] discloses “The velocity data may in some cases be quantized into moving or stationary, since some aspects of the methods disclosed herein comprises discarding data points related to moving objects.” ¶ [0040] discloses “he first object 160 and the second object 150 may be tracked over time by a tracking algorithm” ¶ [0042] discloses “One of the main ideas behind the present disclosure is to define a feature or region as stable or stationary if its temporal variations correspond to a previously computed model of the region - and to provide this feature as external output from the vehicle sensor 110 or from the vehicle control unit 120”). 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Bjorkeson (EP 3805987 A1, Published April 14, 2021). As to claim 2, Bjorkeson discloses the identification system according to claim 1, further comprising a point cloud data generator configured to generate point cloud data being a set of points associated with the positions other than the moving object position, among the plurality of positions (Bjorkeson at ¶ [0052], [0055], in particular. Bjorkeson does not expressly state the term “point cloud.” However, Bjorkeson implicates a point cloud by its disclosure of a statistical model for the data points). Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Bjorkeson (EP 3805987 A1, Published April 14, 2021) in view of Hong (US 10359512 B1, Patented July 23, 2019). As to claim 4, Bjorkeson discloses the identification system according to claim 1, further comprising a detector (Bjorkeson at Figs. 1, 7). Bjorkeson does not disclose that the detector is configured to detect a matching portion that satisfies a condition according to a predetermined shape among the positions other than the moving object position, wherein the monitoring setting circuit sets the matching portion to a target of monitoring. However, Hong does disclose the detector is configured to detect a matching portion that satisfies a condition according to a predetermined shape among the positions other than the moving object position, wherein the monitoring setting circuit sets the matching portion to a target of monitoring (Hong at col. 7, l 56 to col. 8, l. 3 discloses “A target may be determined as stationary in any manner; for example, by identifying the target visually as a stationary target (e.g., a stop sign may be identified by its appearance), by identifying the target by its radar cross-section as a stationary target (e.g., a stop sign or a road may be identified by shape or other features), by comparing Doppler data to other (e.g., phase) data (e.g., if the composite angle provided by Doppler data is substantially different from the composite angle derived from elevation and azimuth, that may be a moving target), by the size of the target, or in any other manner.”). Bjorkeson discloses a base LIDAR system upon which the claimed invention is an improvement. Hong discloses a comparable LIDAR system which has been improved in the same way as the claimed invention. Hence, it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify or add to Bjorkeson the teachings of Hong for the predictable result of providing stereo format tracking (Hong at col. 6, ll. 19-23). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Oami (US 12,236,611, B1, Published on October 7, 2021 as WO2021/199286) is made of record for its relevance to claims 1, 6, 7, by its disclosure of the following at Figs. 1, 2: PNG media_image1.png 292 562 media_image1.png Greyscale PNG media_image2.png 447 453 media_image2.png Greyscale Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sanjiv D Patel whose telephone number is (571)270-5731. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm. 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, William Boddie can be reached at 571-272-0666. 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. /Sanjiv D. Patel/Primary Examiner, Art Unit 2625 07/23/2026
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Prosecution Timeline

Jul 22, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
82%
With Interview (+4.3%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 985 resolved cases by this examiner. Grant probability derived from career allowance rate.

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