Prosecution Insights
Last updated: August 18, 2026
Application No. 18/742,965

DRIVING SCENARIOS FOR AUTONOMOUS VEHICLES

Final Rejection §102§103
Filed
Jun 13, 2024
Priority
Oct 16, 2018 — GB 1816850.0 +4 more
Examiner
MELTON, TODD M
Art Unit
3669
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Five AI Limited
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
508 granted / 603 resolved
+32.2% vs TC avg
Strong +18% interview lift
Without
With
+17.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
13 currently pending
Career history
618
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
49.3%
+9.3% vs TC avg
§102
33.7%
-6.3% vs TC avg
§112
10.3%
-29.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 603 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA . This Office action is in response to the reply received on 19 May 2026. Claims 39-53 are pending, of which claims 40-48 are presently withdrawn from consideration. Response to Remarks The arguments received in the reply have been considered but they are not persuasive. The argument that US 10,643,320 B2 (Lee et al.) does not anticipate every limitation recited by independent claims 34 and 49, because it does not disclose the limitation "incentivising the scenario classifier to accurately classify the received driving scenarios as real or artificial, whilst also incentivising the scenario generator to generate artificial driving scenarios which the scenario classifier classifies as real," is not persuasive because Lee is considered to meet that limitation. The argument that Lee does not in particular disclose a driving scenario, in the sense of a depiction of behaviors of actors in a driving context, is not persuasive because the term "image" in Lee is understood to include moving images (for example, col 3 ln 44-47 - "some embodiments include a machine learning framework to learn a mapping function in raw pixel space from the domain of rendered synthetic images/videos (e.g., from a simulator) to the domain of real-world images/videos"; col 6 ln 7-12 - "The simulator 210 may further create a set of labels 214 (e.g., semantic segmentation labels) and privileged information 216 (e.g., […] optical flow information, etc.) that correspond to the synthetic image 212"; col 6 ln 20-29 - "the simulator 210 may utilize a collection of real-world data collected from multiple synchronized sensors (e.g., cameras, GPS sensors, IMU sensors, LIDAR sensors, radar sensors, and/or the like). The real-world data may be collected from a moving platform (e.g., a vehicle or robot) as it navigates an environment. The collection of real-world data may be further annotated with external meta-data […] to recreate the recorded scenes using the simulator"; and col 6 ln 44-46 - "the simulator 210 may also create variations of the reconstructed scene by altering the environments, objects, agents, trajectories, weather conditions, or any other factor"). The argument that Lee does not anticipate every limitation recited by independent claims 34 and 49, because it does not disclose generating scenarios that correspond to the training set using the training set, and in particular that Lee only discloses training the scenario generator with synthetic images, is not persuasive because Lee is considered to meet that limitation. Lee at col 9 ln 54-col 10 ln 17 discloses training a generator using real-world data 302 (Y) and synthetic data 304 (X), the training data being applied to a generator 320 so that it can generate photorealistic synthetic-to-real data 306, and further discloses generating real-to-simulated image data 308 from real-world data 302 with a generator 310. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 34, 37-39, 49, and 52-53 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 10,643,320 B2 (Lee et al.). Claim 34. Lee discloses a computer-implemented method of training a scenario generator to generate driving scenarios, in which a training set of real driving scenarios is extracted from real-world driving scenario data, and the training set is used to train the scenario generator to generate artificial driving scenarios corresponding to the training set (col 4 ln 2-9 - "the system 100 may be employed on a computing device 102. The computing device 102 includes a processor 104, input/output hardware 106, the network interface hardware 108, a data storage component 110 [...] a memory component 120, and a local communications interface 140"), the method comprising: receiving, at a scenario classifier, real driving scenarios from the training set and artificial driving scenarios generated by the scenario generator (Fig 2, Fig 3, col 3 ln 44-47 "some embodiments include a machine learning framework to learn a mapping function in raw pixel space from the domain of rendered synthetic images/videos (e.g., from a simulator) to the domain of real-world images/videos", col 5 ln 8-10 - "the generator logic 132 may cause the processor 104 to train a generator to generate photorealistic synthetic image data", col 6 ln 23-27 - "The real-world data may be collected from a moving platform (e.g., a vehicle or robot) as it navigates an environment. The collection of real-world data may be further annotated with external meta-data about the scene", col 6 ln 64-66 - "the real-world image 224 is provided to the discriminator 230 from a real-world image dataset 250 selected by a sampling module 260", col 7 ln 1-3 - "The discriminator 230 learns to distinguish between a synthetic-to-real image 222 and a real-world image 224"); and in a process of training the scenario generator to generate artificial driving scenarios corresponding to the training set using the training set, and the scenario classifier, incentivising the scenario classifier to accurately classify the received driving scenarios as real or artificial, whilst also incentivising the scenario generator to generate artificial driving scenarios which the scenario classifier classifies as real (col 6 ln 50-55 - "The generator 220 of the [Simulator Privileged Information Generative Adversarial Network] SPIGAN model 200 learns (e.g., a pixel-level mapping function) to map the synthetic image 212 to a synthetic-to-real image 222 such that the discriminator 230 is unable to discern the synthetic-to-real image 222 from a real-world image 224", col 7 ln 1-4 - "The discriminator 230 learns to distinguish between a synthetic-to-real image 222 and a real-world image 224 by playing an adversarial game with the generator 220 until an equilibrium point is reached", col 9 ln 57-61 - "the system trains the SPIGAN model from a real-world data 302, Y, and the synthetic data 304, X, (e.g., a simulated reconstruction) to learn the parameters θ.sub.G of the pixel mapping function, G", col 10 ln 7-10 - "In some embodiments, the SPIGAN model 300 may also leverage a symmetric architecture that generates real-to-simulated image data 308 from real-world data 302"). Claim 37. Lee discloses the method of claim 34, and further discloses wherein incentivising the scenario generator and the scenario classifier comprises applying a loss function to outputs of the scenario generator and the scenario classifier (col 8 ln 38-49 - "To achieve good performance when training the SPIGAN model, in some embodiments, a consistent set of loss functions and domain specific constraints related to the main prediction task need to be designed and optimized. [...] For example, the minimax objective includes a set of loss functions [...] characterized by Equation 1, where .alpha., .beta., .gamma., .delta. are weighting parameters and .theta..sub.G, .theta..sub.D [...] represent the parameters of the generator, discriminator"). Claim 38. Lee discloses the method of claim 34, and further discloses the method comprising training an autonomous vehicle agent based on a scenario generated by the scenario generator (col 6 ln 4-7 - "in an application such as training a vision system for an autonomous vehicle it may be advantageous for the simulator 210 to create a synthetic image 212 from the point of view of a vehicle on a street"). Claim 39. Lee discloses the method of claim 34, and further discloses wherein the scenario generator and the scenario classifier form a generative adversarial network (GAN) (col 6 ln 50-55, col 7 ln 1-4). Claim 49. The limitations recited by claim 49 correspond to the limitations recited by claim 34. Therefore, claim 49 is rejected on the same grounds as claim 34. Claim 52. The limitations recited by claim 52 correspond to the limitations recited by claim 37. Therefore, claim 52 is rejected on the same grounds as claim 37. Claim 53. The limitations recited by claim 53 correspond to the limitations recited by claim 38. Therefore, claim 53 is rejected on the same grounds as claim 38. 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. Claims 35-36 and 50-51 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of US 10,546,201 B2 (Kang et al.). Claim 35. Lee discloses the method of claim 34. Kang teaches the limitations not expressly further disclosed by Lee, namely: wherein the training set comprises examples of driving behaviour data classified as abnormal with respect to a normal driving behaviour model (col 5 ln 28-31 - "the abnormal object is a vehicle that interferes with the driving of the host vehicle and has a driving pattern that differs from that of another vehicle travelling normally", col 7 ln 18-21 - "In training the neural network, a whole or part of the 2D image, a box of the target object, a class of the target object, such as, for example, a vehicle or a person, and whether the target object is abnormal may be used as learning data"). As of the effective filing date of the claimed invention, one of ordinary skill in the art would have been motivated to combine Lee and Kang because both relate to methods of training an autonomous system to control a vehicle. The combination would yield predictable results according to the teachings of Kang by training the autonomous vehicle control system to distinguish objects that may interfere with the host vehicle from objects that do not interfere. Claim 36. Lee discloses the method of claim 34. Kang teaches the limitations not expressly further disclosed by Lee, namely: wherein the training set comprises examples of driving behaviour data classified as normal with respect to a normal driving behaviour model (col 5 ln 28-31, col 7 ln 18-21). See claim 35 for a statement of an obviousness rationale. Claim 50. The limitations recited by claim 50 correspond to the limitations recited by claim 35. Therefore, claim 50 is rejected on the same grounds as claim 35. Claim 51. The limitations recited by claim 51 correspond to the limitations recited by claim 36. Therefore, claim 51 is rejected on the same grounds as claim 36. Conclusion The additional prior art cited on Form 892 (Notice of References Cited) is considered relevant to the present application. US 10,755,115 B2 (Avidan et al.) relates to the process of training a driving scenario generator and discloses that real-world sets of training data such as the KITTI dataset are conventionally used in automotive applications. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Todd Melton whose telephone number is (571)270-3871. The examiner can normally be reached weekdays, 9:30am - 6:00pm (Eastern time). 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, Navid Mehdizadeh can be reached at 571-272-7691. 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. /TODD MELTON/Primary Examiner, Art Unit 3669
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Prosecution Timeline

Jun 13, 2024
Application Filed
Feb 19, 2026
Non-Final Rejection mailed — §102, §103
May 19, 2026
Response Filed
Jul 22, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+17.9%)
2y 2m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 603 resolved cases by this examiner. Grant probability derived from career allowance rate.

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