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
This action is in response to communications filed on 3/30/2026. Claims 1 & 11 have been amended. No other claims have been amended, added, or canceled. Accordingly, claims 1- 20 are pending.
Response to Arguments
Applicant’s arguments with respect to claims 1- 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1- 20 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. The following language in the claims below are not clearly understood, as such they render the claims indefinite:
As per Independent claims 1 & 11: the claims recite the limitation of “wherein the first period and the second period at least partially overlap, and the first data and the second data corresponding to the overlapping periods are stored in different buffers”. It is unclear how the first and second periods partially overlap, what distinguishes a partial overlap from an overlap? For purposes of examining the examiner will interpret the limitation to read as storing the data sequentially (i.e., one after the other, as it comes in).
As per claims 2-10 and 12-20: these claims depend from claims 1 and 11 and are therefore rejected for having the same deficiencies as those presented above with respect to claims 1 and 11.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1- 20—in particular Independent claims 1 & 11—are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite collecting and storing data. These limitations, as drafted, are processes that, under its broadest reasonable interpretation, covers performance of the limitations in the mind. But for the processing/controlling device and memory language, the claims encompass a user simply comparing the collected data to a predetermined/configurable threshold in his/her mind. The mere nominal recitation of a generic bus, processor and memory does not take the claim limitation out of the mental processes grouping. Thus, the claims recite a mental process which is an abstract idea.
This judicial exception is not integrated into a practical application. The claims recite the elements of collecting and storing, and that a generic computer preform these steps. The collecting and storing steps are recited at a high level of generality (i.e., as a general means of receiving/transmitting and storing data), and as such they amount to mere data gathering, which is a form of insignificant extra-solution activity. The processor that performs the collecting and storing steps is recited at a high level of generality, and merely automates the collecting and storing steps. Each of the additional limitations are no more than mere instructions to apply the exception using a generic computer component (the processor). The combination of these additional elements are no more than mere instructions to apply the exception using a generic computer component (the processor). Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B and does not provide an inventive concept.
For the collecting and storing steps were considered extra-solution activity in Step 2A, this has been re-evaluated in Step 2B and determined to be well-understood, routine, conventional activity in the field. The background does not provide any indication that the processor is anything other than a generic, off-the-shelf computer component, and the Symantec, TLI, and OIP Techs. court decisions (MPEP 2106.05(d)(II)) indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here). For these reasons, there is no inventive concept. The claim is not patent eligible.
As per claims 2-10 and 12- 20 they all depend from claims 1 and 11 and are therefore rejected for having the same deficiencies as those presented above with respect to claims 1 and 11.
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 (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 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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Byun et al. (US 2023/0322242 A1).
Byun discloses:
1: An autonomous driving control apparatus comprising:
a memory configured to store instructions and including at least one buffer and a storage device (see Byun at least fig. 1-8 and in particular fig. 8; storage 1600, memory 1300); and
a control device operatively connected to the memory, wherein the instructions executed by the control device (see Byun at least fig. 1-8 and in particular fig. 1 & 8; autonomous driving controller, processor 1100), cause the autonomous driving control apparatus to:
collect pieces of data regarding autonomous driving control of a host vehicle (see Byun at least fig. 1-8 and in particular fig. 2 & 4; obtain necessary data, data center, request fault data from server);
store first data, which is collected during a first period and which corresponds to a first trigger signal, in a first buffer among the at least one buffer (see Byun at least fig. 1-8 and in particular fig. 2 & 4; obtain necessary data, data center, request fault data from server); and
store, in a second buffer among the at least one buffer, second data of a second period corresponding to a second trigger signal identified at a time point within the first period, wherein the first period and the second period at least partially overlap, and the first data and the second data corresponding to the overlapping periods are stored in different buffers (see Byun at least fig. 1-8 and in particular fig. 2 & 4; does failure occur, store characteristic value and fault/failure rate).
2: wherein the instructions executed by the control device, further cause the autonomous driving control apparatus to: collect the pieces of data including the first data and the second data while performing the autonomous driving control on the host vehicle in a predetermined driving section (see Byun at least fig. 1-8 and in particular fig. 2 & 4; stop function of autonomous driving controller).
3: wherein the instructions executed by the control device, further cause the autonomous driving control apparatus to: store the second data of the second period in the storage device, which is included in the memory and is separate from the at least one buffer, in response that the second trigger signal is identified (see Byun at least fig. 1-8 and in particular fig. 2 - 4; store characteristic value and fault rate and fault).
4: wherein the storage device includes an embedded Multi-Media Card (eMMC) (see Byun at least fig. 1-8 and in particular fig. 2 -4; EMMC [313] and driving control apparatus [310]).
5: wherein the instructions executed by the control device, further cause the autonomous driving control apparatus to: update, in the second buffer, new data corresponding to a third period, which does not overlap the first period, in the second period from among the second data of the second period (see Byun at least fig. 1-8 and in particular fig. 2 - 4; store characteristic value and fault rate and fault).
6: wherein the instructions executed by the control device, further cause the autonomous driving control apparatus to: store, based on a first thread, the first data, which is stored in the first buffer, in the storage device in response that the first trigger is identified; and update, based on a second thread distinct from the first thread, the new data, which is stored in the second buffer, in the storage device in response that the second trigger is identified (see Byun at least fig. 1-8 and in particular fig. 2 – 4, 7; messages with characteristic parts, and operation flowchart of the autonomous driving control apparatus).
7: wherein the instructions executed by the control device, further cause the autonomous driving control apparatus to: store a RAM file system corresponding to the new data in the buffer; and copy the RAM file system to the storage device in response of identifying the second trigger signal, wherein the RAM file system includes at least one of driving data of the host vehicle corresponding to the third period among the second data, or time information related to the third period, or any combination thereof (see Byun at least fig. 1-8 and in particular fig. 2 - 4; store characteristic value and fault rate and fault, computing system with ROM and RAM [1320] and storage [1600]).
8: wherein the instructions executed by the control device, further cause the autonomous driving control apparatus to: store predetermined data corresponding to a pre-defined event among the pieces of data in the storage device in response of identifying that the pre-defined event occurs while the pieces of data are collected (see Byun at least fig. 1-8 and in particular fig. 2 - 4; store characteristic value and fault rate and fault).
9: wherein the pre-defined event includes at least one of: activation or deactivation of at least part of an autonomous driving system of the host vehicle including the autonomous driving control apparatus; occurrence of a situation of at least one of transition demand (TD), minimum risk maneuver (MRM), or emergency maneuver (EM), or any combination thereof; data update of an event data recorder (EDR); or occurrence of performance deterioration or failure of the host vehicle; or any combination thereof (see Byun at least fig. 1-8 and in particular fig. 1 - 7; stop autonomous driving controller).
10: wherein the instructions executed by the control device, further cause the autonomous driving control apparatus to: encrypt at least one of location information of the host vehicle, or user information, or any combination thereof among the pieces of data and then store the encrypted result in the memory (see Byun at least fig. 1-8 and in particular fig. 2 - 4; wired and wireless communication over network).
11: An autonomous driving control method, the method comprising:
collecting, by a control device, pieces of data regarding autonomous driving control of a host vehicle;
storing, by the control device, first data, which is collected during a first period and which corresponds to a first trigger signal, in a first buffer among at least one buffer; and
storing, by the control device, second data of a second period corresponding to a second trigger signal identified at a time point within the first period in a second buffer among the at least one buffer, wherein the first period and the second period at least partially overlap, and the first data and the second data corresponding to the overlapping periods are stored in different buffers (see Byun at least fig. 1-8 and in particular fig. 2 -4; see claim 1 above).
12: further including: collecting, by the control device, the pieces of data including the first data and the second data while performing the autonomous driving control on the host vehicle in a predetermined driving section (see Byun at least fig. 1-8 and in particular fig. 2 & 4; stop function of autonomous driving controller).
13: further including: storing, by the control device, the second data of the second period in a storage device, which is included in a memory and is separate from the at least one buffer, in response that the second trigger signal is identified (see Byun at least fig. 1-8 and in particular fig. 2 - 4; store characteristic value and fault rate and fault).
14: wherein the storage device includes an eMMC (see Byun at least fig. 1-8 and in particular fig. 2 -4; EMMC [313] and driving control apparatus [310]).
15: further including: updating, by the control device, new data corresponding to a third period, which does not overlap the first period, in the second period from among the second data of the second period in the second buffer (see Byun at least fig. 1-8 and in particular fig. 2 - 4; store characteristic value and fault rate and fault).
16: further including: storing, based on a first thread, the first data, which is stored in the first buffer, in the storage device by the control device in response that the first trigger is identified; and updating, based on a second thread distinct from the first thread, the new data, which is stored in the second buffer, in the storage device by the control device in response that the second trigger is identified (see Byun at least fig. 1-8 and in particular fig. 2 – 4, 7; messages with characteristic parts, and operation flowchart of the autonomous driving control apparatus).
17: further including: storing, by the control device, a RAM file system corresponding to the new data in the buffer; and copying, by the control device, the RAM file system to the storage device in response of identifying the second trigger signal, wherein the RAM file system includes at least one of: driving data of the host vehicle corresponding to the third period among the second data, or time information related to the third period, or any combination thereof (see Byun at least fig. 1-8 and in particular fig. 2 - 4; store characteristic value and fault rate and fault, computing system with ROM and RAM [1320] and storage [1600]).
18: further including: storing, by the control device, predetermined data corresponding to a pre-defined event among the pieces of data in the storage device in response of identifying that the pre-defined event occurs while the pieces of data are collected (see Byun at least fig. 1-8 and in particular fig. 2 - 4; store characteristic value and fault rate and fault).
19: wherein the pre-defined event includes at least one of: activation or deactivation of at least part of an autonomous driving system of the host vehicle including an autonomous driving control apparatus; occurrence of a situation of at least one of TD, MRM, or EM, or any combination thereof; data update of an EDR; or occurrence of performance deterioration or failure of the host vehicle; or any combination thereof (see Byun at least fig. 1-8 and in particular fig. 1 - 7; stop autonomous driving controller).
20: further including: encrypting, by the control device, at least one of location information of the host vehicle, or user information, or any combination thereof among the pieces of data and then storing the encrypted result in a memory (see Byun at least fig. 1-8 and in particular fig. 2 - 4; wired and wireless communication over network).
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 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 MACEEH ANWARI whose telephone number is 571-272-7591. The examiner can normally be reached on Monday-Friday 7:30-5:00 PM ES.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Ortiz can be reached on 571-272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MACEEH ANWARI/Primary Examiner, Art Unit 3663
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