DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
2. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
3. Claims 1-2 of present application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3, respectively, of U.S. Patent No. 12,112,547 (patent 547) in view of Du et al. (US Patent Application Publication No. 2019/0052842 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because they are similar and the present claims are slightly broader.
4. The following table shows a correspondence between the claims of present application and claims of patent 547 in view of Du.
Claims of present application
1
2
Claims of patent 547 in view of Du
1
3
5. The following table shows a correspondence between the limitations of claim 1 of present application with claim 1 of 547 in view of Du.
Claim 1 of present application
Claim 1 of patent 547 in view of Du.
1. An apparatus comprising:
circuitry; and
memory connected to the circuitry,
wherein the circuitry, in operation:
obtains first sensing data from a first mobile apparatus including one or more first sensors, the first sensing data including data generated by sensing using the one or more first sensors;
obtains second sensing data from a second mobile apparatus including one or more second sensors, the second sensing data including data generated by sensing using the one or more second sensors; and
generates synthesized data from the first sensing data and the second sensing data based on position information indicating a position of the second mobile apparatus,
at a time when the second sending data is generated
and
wherein the position information is estimated from a result of the sensing using the one or more first sensors.
1. An apparatus comprising:
circuitry; and
memory connected to the circuitry,
wherein the circuitry, in operation:
obtains first sensing data from a first mobile apparatus including one or more first sensors, the first sensing data including data generated by sensing using the one or more first sensors;
obtains second sensing data from a second mobile apparatus including one or more second sensors, the second sensing data including data generated by sensing using the one or more second sensors; and
generates synthesized data from the first sensing data and the second sensing data based on position information indicating a position of the second mobile apparatus,
wherein the position information is a relative position of the second mobile apparatus relative to the first mobile apparatus,
Du at paragraph [0060] reciting “Within each segment, a leader vehicle is elected 830, based on a predetermined measure, such as the preferable hash value of the vehicle VIN number or other similar measures. Each vehicle 820, 825, 835 within the segment 810 broadcasts information concerning its currently location and kinematic information as well as its intended path. The leader vehicle may or may not broadcast its own information to the other vehicles. The information may be broadcast via DSRC, V2X communication or via a wireless network, such as WiFi or cellular communications network.” (therefore, the second sending data is generated and processed in real time)
and
wherein the position information is estimated from a result of the sensing using the one or more first sensors.
6. Claims 1-2 of present application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9, respectively, of U.S. Patent No. 11,741,717 (patent 717) in view of Du. Although the claims at issue are not identical, they are not patentably distinct from each other because they are similar and the present claims are slightly broader.
7. The following table shows a correspondence between the claims of present application and claims of patent 717 in view of Du.
Claims of present application
1
2
Claims of patent 547 in view of Du
1
9
8. The following table shows a correspondence between the limitations of claim 1 of present application with claim 1 of 717 in view of Du.
Claim 1 of present application
Claim 1 of patent 717 in view of Du
1. An apparatus comprising:
circuitry; and
memory connected to the circuitry,
wherein the circuitry, in operation:
obtains first sensing data from a first mobile apparatus including one or more first sensors, the first sensing data including data generated by sensing using the one or more first sensors;
obtains second sensing data from a second mobile apparatus including one or more second sensors, the second sensing data including data generated by sensing using the one or more second sensors;
1. A data generator, comprising:
circuitry; and
memory connected to the circuitry,
wherein the circuitry, in operation:
obtains sensing data from each of a plurality of moving bodies that includes a plurality of sensors, the sensing data being configured based on results of sensing by the plurality of sensors;
and
generates synthesized data by mapping the sensing data of the moving body into a virtual space,
and
generates synthesized data from the first sensing data and the second sensing data based on position information indicating a position of the second mobile apparatus,
at a time when the second sensing data is generated
wherein when generating the synthesized data, the circuitry determines a position of the sensing data to be mapped into the virtual space, based at least on a position of the moving body in a real space corresponding to the sensing data, and
wherein the circuitry further:
obtains, from each of the plurality of moving bodies, position information at a time when the sensing data of the moving body is generated, the position information indicating the position of the moving body in the real space; and
Du at paragraph [0060] reciting “Within each segment, a leader vehicle is elected 830, based on a predetermined measure, such as the preferable hash value of the vehicle VIN number or other similar measures. Each vehicle 820, 825, 835 within the segment 810 broadcasts information concerning its currently location and kinematic information as well as its intended path. The leader vehicle may or may not broadcast its own information to the other vehicles. The information may be broadcast via DSRC, V2X communication or via a wireless network, such as WiFi or cellular communications network.” (therefore, the second sending data is generated and processed in real time)
and
wherein the position information is estimated from a result of the sensing using the one or more first sensors.
when generating the synthesized data, determines the position of the sensing data in the virtual space obtained from the moving body, based on the position indicated by the position information of the moving body.
Claim Rejections - 35 USC § 103
9. 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.
10. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
11. Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Du et al. (US Patent Application Publication No. 2019/0052842 A1) in view of Caveney et al. (US Patent Application Publication No. 2017/0291540 A1).
12. Regarding Claim 1 (Currently amended), Du discloses An apparatus comprising: circuitry; and memory connected to the circuitry, wherein the circuitry, in operation: (paragraph [0067] reciting “As will be well understood by those skilled in the art, the several and various steps and processes discussed herein to describe the invention may be referring to operations performed by a computer, a processor or other electronic calculating device that manipulate and/or transform data using electrical phenomenon. Those computers and electronic devices may employ various volatile and/or non-volatile memories including non-transitory computer-readable medium with an executable program stored thereon including various code or executable instructions able to be performed by the computer or processor, where the memory and/or computer-readable medium may include all forms and types of memory and other computer-readable media.”)
obtains first sensing data from a first mobile apparatus including one or more first sensors, the first sensing data including data generated by sensing using the one or more first sensors; (paragraph [0058] reciting “… The method is first operative to collect data 710 from onboard sensors such as cameras, LiDAR sensors and radar. The collected data may include a front view from a camera. …” Data 710 corresponds to first sensing data. Lidars/radars/cameras correspond to one or more sensors. The vehicle corresponds to first mobile apparatus.)
obtains second sensing data from a second mobile apparatus including one or more second sensors, the second sensing data including data generated by sensing using the one or more second sensors; and (paragraph [0058] reciting “… The method is then operative to receive data from other sources 720, such as proximate vehicles or infrastructure. The received data may be a camera view from a proximate vehicle. …” Proximate vehicle corresponds to second mobile apparatus. Its cameras/LiDAR sensors/radar correspond to one or more second sensors and the data those collect correspond to the second sensing data.)
generates synthesized data from the first sensing data and the second sensing data based on position information indicating a position of the second mobile apparatus (paragraph [0061] reciting “In the proposed system may utilize a vision enhanced V2V arrangement resident on a host vehicle wherein camera systems monitor and conditionally communicate detected vehicles. The longitudinal and lateral offset of target vehicle with respect to the host is converted to global coordinate frame. The system is operative to detect object overlap between V2V and camera and merge the information into a common data structure, such as a proximate object map. The system then conditionally communicate surrogate message, such as basic service message 1 (BSM part 1) to provide situation awareness detail for other V2V vehicles. In addition, the system may be operative to communicate surrogate BSM part 2 on hard braking or other detected events.”;
paragraph [0060] reciting “… Each vehicle 820, 825, 835 within the segment 810
broadcasts information concerning its currently location and kinematic information as well as its intended path. The leader vehicle may or may not broadcast its own information to the other vehicles. …”
The longitudinal and lateral offset of the target vehicle (second vehicle) with respect to the host (first vehicle) are generated from location information of the second vehicle. The longitudinal/lateral offset corresponds to position information of the second vehicle. And this information is used to generate the proximate object map which is synthesized data from information from both host and target vehicle.)
at a time when the second sensing data is generated, (paragraph [0060] reciting “… Within each segment, a leader vehicle is elected 830, based on a predetermined measure, such as the preferable hash value of the vehicle VIN number or other similar measures. Each vehicle 820, 825, 835 within the segment 810
broadcasts information concerning its currently location and kinematic information as well as its intended path. The leader vehicle may or may not broadcast its own information to the other vehicles. The information may be broadcast via DSRC, V2X communication or via a wireless network, such as WiFi or cellular communications network. …”
The second sensing data from a proximate vehicle is being generated while all generated sensor data is gathered and used to generate the proximate object map.) While not explicitly disclosed by Du, Caveney discloses and wherein the position information is estimated from a result of the sensing using the one or more first sensors. (paragraph [0021] reciting “In one or more arrangements, the sensor system 40 can include radar sensor(s) 46. The radar sensor(s) 46 can be any device, component and/or system that can detect something using at least in part radio signals. The radar sensor(s) 46 can be configured to detect the presence of one or more objects in the external environment 12 of the vehicle 10, the position of each detected object relative to the vehicle 10, the distance between each detected object and the vehicle 10 in one or more directions (e.g., in the longitudinal direction α, the lateral direction β and/or other direction(s)), the elevation of each detected object, the speed of each detected object, and/or the movement of each detected object. The radar sensor(s) 46, or data obtained thereby, can determine or be used to determine the speed, position, and/or orientation of objects in the external environment 12 of the vehicle 10. The radar sensor(s) 46 can have three dimensional coordinate data associated with the objects.”
It would have been obvious to a person of ordinary skills in the art before the effective filing date of the claimed invention to modify Du with Caveney so that the relative position of the target vehicle with respect to a host vehicle is determined by using a radar. This is an obviously beneficial modification since the relative position of the target vehicle (longitudinal and lateral offsets) is required in Du to determine a global position of the target vehicle so their respective camera images can be combined into a proximate object map. Du further discloses sensors being radars. Therefore, the radar in Du can be modified by the teachings of Isaji to find the relative position of the target vehicle with respect to the host vehicle.
13. Regarding Claim 2 (Currently amended), Du discloses A method (Abstract reciting “A system and method is taught for collaborative vehicle to all (V2X) communications to improve autonomous driving vehicle performance in a heterogeneous capability environment by sharing capabilities among different vehicles. …”) comprising:
obtaining first sensing data from a first mobile apparatus including one or more first sensors, the first sensing data including data generated by sensing using the one or more first sensors; (paragraph [0058] reciting “… The method is first operative to collect data 710 from onboard sensors such as cameras, LiDAR sensors and radar. The collected data may include a front view from a camera. …” Data 710 corresponds to first sensing data. Lidars/radars/cameras correspond to one or more sensors. The vehicle corresponds to first mobile apparatus.) obtaining second sensing data from a second mobile apparatus including one or more second sensors, the second sensing data including data generated by sensing using the one or more second sensors; (paragraph [0058] reciting “… The method is then operative to receive data from other sources 720, such as proximate vehicles or infrastructure. The received data may be a camera view from a proximate vehicle. …” Proximate vehicle corresponds to second mobile apparatus. Its cameras/LiDAR sensors/radar correspond to one or more second sensors and the data those collect correspond to the second sensing data.)
and generating synthesized data from the first sensing data and the second sensing data based on position information indicating a position of the second mobile apparatus, (paragraph [0061] reciting “In the proposed system may utilize a vision enhanced V2V arrangement resident on a host vehicle wherein camera systems monitor and conditionally communicate detected vehicles. The longitudinal and lateral offset of target vehicle with respect to the host is converted to global coordinate frame. The system is operative to detect object overlap between V2V and camera and merge the information into a common data structure, such as a proximate object map. The system then conditionally communicate surrogate message, such as basic service message 1 (BSM part 1) to provide situation awareness detail for other V2V vehicles. In addition, the system may be operative to communicate surrogate BSM part 2 on hard braking or other detected events.”;
paragraph [0060] reciting “… Each vehicle 820, 825, 835 within the segment 810
broadcasts information concerning its currently location and kinematic information as well as its intended path. The leader vehicle may or may not broadcast its own information to the other vehicles. …”
The longitudinal and lateral offset of the target vehicle (second vehicle) with respect to the host (first vehicle) are generated from location information of the second vehicle. The longitudinal/lateral offset corresponds to position information of the second vehicle. And this information is used to generate the proximate object map which is synthesized data from information from both host and target vehicle.)
at a time when the second sensing data is generated, (paragraph [0060] reciting “… Within each segment, a leader vehicle is elected 830, based on a predetermined measure, such as the preferable hash value of the vehicle VIN number or other similar measures. Each vehicle 820, 825, 835 within the segment 810
broadcasts information concerning its currently location and kinematic information as well as its intended path. The leader vehicle may or may not broadcast its own information to the other vehicles. The information may be broadcast via DSRC, V2X communication or via a wireless network, such as WiFi or cellular communications network. …”
The second sensing data from a proximate vehicle is being generated while all generated sensor data is gathered and used to generate the proximate object map.) While not explicitly disclosed by Du, Caveney discloses wherein the position information is estimated from a result of the sensing using the one or more first sensors. (paragraph [0021] reciting “In one or more arrangements, the sensor system 40 can include radar sensor(s) 46. The radar sensor(s) 46 can be any device, component and/or system that can detect something using at least in part radio signals. The radar sensor(s) 46 can be configured to detect the presence of one or more objects in the external environment 12 of the vehicle 10, the position of each detected object relative to the vehicle 10, the distance between each detected object and the vehicle 10 in one or more directions (e.g., in the longitudinal direction α, the lateral direction β and/or other direction(s)), the elevation of each detected object, the speed of each detected object, and/or the movement of each detected object. The radar sensor(s) 46, or data obtained thereby, can determine or be used to determine the speed, position, and/or orientation of objects in the external environment 12 of the vehicle 10. The radar sensor(s) 46 can have three dimensional coordinate data associated with the objects.”
It would have been obvious to a person of ordinary skills in the art before the effective filing date of the claimed invention to modify Du with Caveney so that the relative position of the target vehicle with respect to a host vehicle is determined by using a radar. This is an obviously beneficial modification since the relative position of the target vehicle (longitudinal and lateral offsets) is required in Du to determine a global position of the target vehicle so their respective camera images can be combined into a proximate object map. Du further discloses sensors being radars. Therefore, the radar in Du can be modified by the teachings of Caveney to find the relative position of the target vehicle with respect to the host vehicle.
Response to Arguments
14. Applicant's arguments filed in Remarks on 6/17/2026 have been fully considered but they are not persuasive. On page 4 of the Remarks, Applicants argue that Du fails to explicitly disclose that the synthesized data is generated based on the longitudinal and lateral offset of target vehicle with respect to the host. The proximate object map of Du at paragraph [0061] is generated based on information merged into a common data structure. This information is information from the vehicle as disclosed in paragraph [0060] and [0062]. The information comprises kinetic and currently location that are generated from each vehicle. The current location is converted to longitudinal and lateral offset of the target vehicle with respect to the host which is what comprises the common data structure, such as proximate object map. This teaching is explicitly. A proximate object map would make no sense without proximate position data and the longitudinal and lateral offset corresponds to the proximate position data because longitudinal and lateral offset are proximate location of a target vehicle with respect to the host.
15. The newly added limitation at a time when the second sending data is generated is disclosed by Du as indicated in the rejection above.
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.
CONTACTAny inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK S CHEN whose telephone number is (571)270-7993. The examiner can normally be reached Mon - Fri 8-11:30 and 1:30-6.
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/FRANK S CHEN/Primary Examiner, Art Unit 2611
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