DETAILED ACTION
1. Applicant’s amendment filed on December 31, 2025 in which claim 1 was amended, has been fully considered and entered, but the arguments are moot in view of the new grounds of rejection.
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 .
Claim Rejections - 35 USC § 103
2. 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.
3. 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.
4. Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Wheeler et al. (US Patent Application Publication no. 2018/0188037) in view of Bellaiche (US Patent Application Publication no. 2018/0024562).
Regarding claim 1, Wheeler discloses an image generating system (See Wheeler’s Abstract) comprising: a server comprising: a server processor configured to generate area information for determining an area in which a road feature is included in an image based on feature information representing the road feature acquired in the past (See Wheeler [0030], [0038], [0056] and [0167]) and transmit the area information using a server-communication device (See Wheeler [0037] and [0043]); and an image generating device comprising: a device processor configured to receive the area information using a device-communication device (See Wheeler [0038], [0050] and [0102]), determine a cutout area to be cut out from an image captured using an image capturing device based on the area information (See Wheeler [0037], [0083]) and cut out the cutout area from the image to generate a partial image, wherein the device processor transmits the partial image to the server using the device-communication device (See Wheeler [0037], [0090]).
It is noted that Wheeler is silent about receiving area information from the server, and wherein the image generating device is implemented in a vehicle as specified with the newly amended claim.
However, Ballaiche teaches an image generating system with processor receiving area information from the server, and wherein the image generating device is implemented in a vehicle (See Ballaiche [0013], [0017]).
Therefore, it is considered obvious that one skilled in the art, before the effective filing date of the claimed invention, would recognize the advantage of modifying Wheeler’s image generating system to incorporate Ballaiche’s teachings a processor receiving area information from the server, and wherein the image generating device is implemented in a vehicle. The motivation for performing such a modification in Wheeler is to collect data for updating the map, the autonomous vehicles must also be able to use the map for navigation while the size and detail of the map is being optimized.
As per claim 2, Wheeler further discloses wherein the server processor is further configured to generate the area information to include a type of the road feature for which change has been detected based on the feature information (See Wheeler [0006], [0031]), and the device processor is further configured to determine an area in the image according to the type of the road feature as the cutout (See Wheeler [0070] and [0140]).
5. Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Wheeler et al. (US Patent Application Publication no. 2018/0188037) in view of Bellaiche (US Patent Application Publication no. 2018/0024562), as applied to claim 1 above, and further in view of Fasola et al. (US Patent no. 11,549,815).
As per claim 3, most of the limitations of this claim have been noted in the above rejection of claim 1.
It is noted that although the combination of Wheeler and Bellaiche teaches the cutout areas from image captured (See Wheeler [0030], [0071]), it is silent about wherein the server processor is further configured to generate the area information to include location information of the road feature for which change has been detected based on the feature information, and the device processor is further configured to determine an area for which the road feature is estimated to be represented in an image acquired using the image capturing device as the cutout area based on the location information of the road feature.
However, Fasola teaches wherein the server processor is further configured to generate the area information to include location information of the road feature for which change has been detected based on the feature information, and the device processor is further configured to determine an area for which the road feature is estimated to be represented in an image acquired using the image capturing device as the cutout area based on the location information of the road feature (See Fasola col. 6, lines 52-65, and col. 7, lines 8-25).
Therefore, it is considered obvious that one skilled in the art, before the effective filing date of the claimed invention, would recognize the advantage of modifying the combination of Wheeler and Bellaiche to incorporate Fasola’s teachings wherein the server processor is further configured to generate the area information to include location information of the road feature for which change has been detected based on the feature information, and the device processor is further configured to determine an area for which the road feature is estimated to be represented in an image acquired using the image capturing device as the cutout area based on the location information of the road feature. The motivation for performing such a modification in the proposed combination of Wheeler and Bellaiche is to assist when updating the cutout feature of the map.
As per claim 4, most of the limitations of this claim have been noted in the above rejection of claim 1.
It is noted that although the combination of Wheeler and Bellaiche creates an updated portion of map (See Wheeler [0037]), it is silent about wherein the server processor is further configured to generate change information representing a type of change in the road feature based on the feature information and to transmit the change information to the image generating device using the server-communication device, and the device processor is further configured to receive the change information using the device-communication device and determine the cutout area in an image acquired using the image capturing device based on the change information and the area information.
However, Fasola teaches wherein the server processor is further configured to generate change information representing a type of change in the road feature based on the feature information and to transmit the change information to the image generating device using the server-communication device (See Fasola col. 6, lines 59-65, col. 5, lines 9-19) and the device processor is further configured to receive the change information using the device-communication device and determine the cutout area in an image acquired using the image capturing device based on the change information and the area information (See Fasola col. 8, lines 34-48, and col. 5, lines 1-19).
Therefore, it is considered obvious that one skilled in the art, before the effective filing date of the claimed invention, would recognize the advantage of modifying the combination of Wheeler and Bellaiche to incorporate Fasola’s teachings wherein the server processor is further configured to generate change information representing a type of change in the road feature based on the feature information and to transmit the change information to the image generating device using the server-communication device, and the device processor is further configured to receive the change information using the device-communication device and determine the cutout area in an image acquired using the image capturing device based on the change information and the area information. The motivation for performing such a modification in Wheeler and Bellaiche is to properly update the feature portion (cutout portion) of the map.
As per claim 5, most of the limitations of this claim have been noted in the above rejection of claim 4.
It is noted that although the combination of Wheeler and Bellaiche creates an updated portion of map (See Wheeler [0037]), it is silent about wherein the server processor is further configured to generate location information representing a location of the road feature for which change has been detected based on the feature information and to transmit the location information to the image generating device using the server-communication device and the device processor is further configured to receive the location information and the change information using the device-communication device, and to determine a section in which an image is to be captured using the image capturing device to generate the partial image based on the location information and the change information.
However, Fasola teaches wherein the server processor is further configured to generate location information representing a location of the road feature for which change has been detected based on the feature information and to transmit the location information to the image generating device using the server-communication device and the device processor is further configured to receive the location information and the change information using the device-communication device, and to determine a section in which an image is to be captured using the image capturing device to generate the partial image based on the location information and the change information (See Fasola col. 6, lines 52-65; col. 11, lines 44-55).
Therefore, it is considered obvious that one skilled in the art, before the effective filing date of the claimed invention, would recognize the advantage of modifying the combination of Wheeler and Bellaiche to incorporate Fasola’s teachings wherein the server processor is further configured to generate location information representing a location of the road feature for which change has been detected based on the feature information and to transmit the location information to the image generating device using the server-communication device and the device processor is further configured to receive the location information and the change information using the device-communication device, and to determine a section in which an image is to be captured using the image capturing device to generate the partial image based on the location information and the change information. The motivation for performing such a modification in the combination of Wheeler and Bellaiche is to properly update the feature portion (cutout portion) of the map and sending and receiving the locations where the updates are needed.
6. 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 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.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIMS S PHILIPPE whose telephone number is (571)272-7336. The examiner can normally be reached Maxi Flex.
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/GIMS S PHILIPPE/Primary Examiner, Art Unit 2424