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 .
Status of Claims
Claims 1-10 have been canceled and new claims 11-28 filed by the Applicant on 08/14/2024 have been examined.
This Office Action is in response to the Applicant’s amendments and remarks filed on 05/04/2026. Claims 11 and 28 have been amended. Claims 11-28 are currently pending and addressed below.
Response to Remarks/Arguments
Applicant’s accompanying amendments and arguments, on page 9 of the Applicant Arguments/Remarks (hereinafter referred to as the “Remarks”), filed 05/04/2026, with respect to the rejection of independent claims 11 and 28, and their corresponding dependent claims, under 35 U.S.C. 101 stating “… Applicant submits that claim 11, as amended is directed to eligible subject matter. In amended claim 11, the abstract idea is integrated into a practical application, and thus amended claim 11 provides significantly more than just the abstract idea since the abstract idea is integrated into a practical application. In particular, amended claim 11 provides that automated driving of the motor vehicle is controlled based on the determined bypass lane. This is a practical application of the abstract idea. Thus, amended claim 11 provides significantly more than the abstract idea. Therefore, amended claim 11 and its dependent claims 12-27 are directed to eligible subject matter. Likewise, amended claim 28 is directed to eligible subject matter…” has been considered and is persuasive. Therefore, the Examiner has withdrawn the rejection of independent claims 11 and 28, and their corresponding dependent claims under 35 U.S.C. 101.
Applicant’s accompanying amendments and arguments, on pages 9-10 of the Applicant Remarks (hereinafter referred to as the “Remarks”), filed 05/04/2026, with respect to the rejection of independent claims 11 and 28, and their corresponding dependent claims, under 35 U.S.C. 103 stating “… Applicant submits that the cited references do not teach or suggest all the limitations of amended claim 11. Specifically, Wedajo and Cardona do not teach or suggest detect the bypass lane of the signaling unit based on the determined subset of trips, wherein the bypass lane is a lane in which a signaling state of the signaling unit is irrelevant for the motor vehicle; and control automated driving of the motor vehicle based on detection of the bypass lane… Therefore, amended claim 11 is patentable over the cited references. Claims 12-27 are patentable due to their dependence from claim 11. Amended claim 28 is patentable for reasons analogous to those for claim 11… Applicant submits that the application is in condition for allowance…” have been considered but are moot due to the amendments and added limitations provided above. Upon further consideration, a new ground(s) of rejection is made in view of Hochman et al. US 20220076037 A1 (“Hochman”).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“apparatus for detecting a bypass lane of a signaling unit” provided in claim 1
The specification and drawings were used to define the generic placeholder specified above (item a):
Specification – “a method for detecting a bypass lane of a signaling unit … determining trip data for a multiplicity of trips by one or more motor vehicles … The trip data for a trip of a vehicle may in this instance comprise odometry information relating to a motion, in particular relating to a speed, of the vehicle during the trip. The method furthermore comprises determining, on the basis of the trip data, a subset of the multiplicity of trips during which a stop request (detected by the vehicle) from the signaling unit to stop at the signaling unit was not heeded. Additionally, the method comprises detecting a bypass lane of the signaling unit on the basis of the determined subset of trips… SW program may be configured to be executed on a processor (e.g., on a control unit of a vehicle and/or on a vehicle-external unit) and to thereby carry out at least one of the methods described in this document…”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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 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 11-28 are rejected under 35 U.S.C. 103 as being unpatentable over Wedajo DE 102019130947 A1 (“Wedajo”) in view of Cardona et al. US 11526711 B1 (“Cardona”) and Hochman et al. US 20220076037 A1 (“Hochman”).
For claim 11, Wedajo discloses an apparatus for detecting a bypass lane of a signaling unit (See at least Abstract of Wedajo – “… The present invention relates to … assigning one or more traffic lights (10a, 10b, 10c, 10d) of a traffic light system (10) to a corresponding lane (12a, 12b, 12c, 12d) of a street … The present invention also relates to a driving assistance system … a computer program with instructions which, when the program is executed by a computer, cause the computer to carry out the steps of the method…”), wherein the apparatus is configured to:
determine trip data for a plurality of trips by a motor vehicle in surroundings of the signaling unit, wherein the trip data for a trip of the motor vehicle include odometry information relating to a motion of the motor vehicle during the trip (See at least page 3-6 of Wedajo – “… the present invention specifies a method for assigning one or more traffic lights of a traffic light system to a corresponding lane of a road, with the steps… Detection of a driving behavior of one or more vehicles in a respective lane by the detection system; Assigning a respective traffic light to a corresponding lane, the specific state of the respective traffic light being processed together with the driving behavior of the one or more vehicles… The recording of the driving behavior of one or more vehicles in the respective lane by the recording system is necessary in order to be able to record a corresponding drive through… data can be collected and used as comprehensively as possible. When a vehicle drives through a region for the first time, it can benefit from assignments previously made by other vehicles…”);
determine, based on the trip data, a subset of the plurality of trips during which a stop request from the signaling unit to stop at the signaling unit was not heeded (See at least page 10 of Wedajo – “… Optionally, the assignment can also be made passively, for example with a corresponding amount of data. This means that there is an association between a traffic light 10b and the corresponding lane 12b can be made when the ego vehicle 14th explicitly in front of the traffic lights 10b that stops on red… as in FIG 4th is shown, provided that the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through …”);
detect the bypass lane of the signaling unit based on the determined subset of trips (See at least pages 6-10 of Wedajo – “…the detection system has at least one front camera… can easily capture the traffic light system in front of the vehicle and the surrounding lanes… as in FIG 4th is shown, provided that the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through, being at the traffic lights 10d a green signal T lights up. The ego vehicle 14th has a red traffic light 10b in front of you. Therefore, the right traffic light is assigned accordingly 10d to the right lane 12d…”).
Wedajo fails to specifically disclose wherein the trip data for a trip of the motor vehicle include odometry information relating to a motion, including a speed, of the motor vehicle during the trip.
However, Cardona, in the same field of endeavor teaches wherein the trip data for a trip of the motor vehicle include odometry information relating to a motion, including a speed, of the motor vehicle during the trip (See at least Col. 6 lines 62-67 of Cardona – “… a vehicle telematics system may capture vehicle sensor data (e.g., speed, position, heading, braking, etc.) while a vehicle is at the road segment during the given time-period…”). Thus, Wedajo discloses a driving assistance system for vehicles that records the driving behaviors of vehicles relative to the states of surrounding traffic lights in order to reliably assign a traffic light to a corresponding lane in a situation when a vehicle drives through a red traffic light, while Cardona teaches a system for collecting vehicle telematics data including the speed of the vehicle.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus and method as disclosed in Wedajo to include the feature of the trip data for a trip of the motor vehicle including odometry information relating to a motion, including a speed, of the motor vehicle during the trip as taught by Cardona, with a reasonable expectation of success, in order to capture vehicle sensor data while a vehicle is at a road segment during the given time-period as specified in at least Col. 6 lines 62-67 of Cardona.
Furthermore, Wedajo also fails to specifically disclose wherein the bypass lane is a lane in which a signaling state of the signaling unit is irrelevant for the motor vehicle; and
control automated driving of the motor vehicle based on detection of the bypass lane.
However, Hochman, in the same field of endeavor teaches wherein the bypass lane is a lane in which a signaling state of the signaling unit is irrelevant for the motor vehicle (See at least [0500] of Hochman – “… vehicles traveling in lane 3611B may “obey” traffic light 3630A just as well as vehicles traveling in lane 3611A… The vehicles traveling in lane 3611B may obey traffic light 3630A by executing a second set of navigational actions (e.g., execute all of the navigational actions of the vehicles traveling in lane 3611A except for the action of turning left when the state identifier for light 3630A is a green turning arrow). When the state identifier for light 3630A is a green turning arrow, the vehicles traveling in lane 3611B may be configured to travel through light 3630A…”); and
control automated driving of the motor vehicle based on detection of the bypass lane (See at least [0004] – “… the present disclosure provide systems and methods for autonomous vehicle navigation. The disclosed embodiments may use cameras to provide autonomous vehicle navigation features. For example, consistent with the disclosed embodiments, the disclosed systems may include one, two, or more cameras that monitor the environment of a vehicle. The disclosed systems may provide a navigational response based on, for example, an analysis of images captured by one or more of the cameras…” and [0500] of Hochman – “… vehicles traveling in lane 3611B may “obey” traffic light 3630A just as well as vehicles traveling in lane 3611A… The vehicles traveling in lane 3611B may obey traffic light 3630A by executing a second set of navigational actions (e.g., execute all of the navigational actions of the vehicles traveling in lane 3611A except for the action of turning left when the state identifier for light 3630A is a green turning arrow). When the state identifier for light 3630A is a green turning arrow, the vehicles traveling in lane 3611B may be configured to travel through light 3630A…”). Thus, Wedajo discloses a driving assistance system for vehicles that records the driving behaviors of vehicles relative to the states of surrounding traffic lights in order to reliably assign a traffic light to a corresponding lane in a situation when a vehicle drives through a red traffic light, while Hochman teaches a traffic light navigation system for autonomous vehicles that recognizes the state of a traffic light that is not relevant to the vehicle as the vehicle travels on a bypass lane that does not pertain to a signal state of the traffic light.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus and method as disclosed in Wedajo to include the feature of controlling automated driving of the motor vehicle based on detection of the bypass lane as taught by Hochman, with a reasonable expectation of success, in order to travel through a traffic signal state when the traffic signal state does not pertain to the lane in which the vehicle travels as specified in at least [0500] of Hochman.
For claim 12, Wedajo discloses wherein the apparatus is configured to:
determine, based on the trip data, a basic set of the plurality of trips during which there was the stop request from the signaling unit (See at least Abstract of Wedajo – “… The present invention relates to … detection the one or more traffic lights … determining each state … the specific state (T, F) of the respective traffic light (10a, 10b, 10c, 10d) together with the Driving behavior of the one or more vehicles (14, 16) is processed…”); and
compare the subset with the basic set in order to detect the bypass lane of the signaling unit (See at least page 10 of Wedajo – “… the assignment can also be made passively, for example with a corresponding amount of data… as in FIG 4th is shown, provided that the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through… The ego vehicle 14th has a red traffic light 10b in front of you. Therefore, the right traffic light is assigned accordingly 10d to the right lane 12d …”).
For claim 13, Wedajo discloses wherein
the trip data for the trip of the motor vehicle include environment data relating to an environment of the motor vehicle during the trip that were acquired by one or more environment sensors of the motor vehicle (See at least page 6 of Wedajo – “…the detection system has at least one front camera… can easily capture the traffic light system in front of the vehicle and the surrounding lanes…”); and
the apparatus is configured to determine the basic set based on the environment data for the plurality of trips (See at least Abstract of Wedajo – “… The present invention relates to a method... with the following steps: detection the one or more traffic lights (10a, 10b, 10c, 10d) by a detection system of a vehicle (14) and determining each state (T, F)… the specific state (T, F) of the respective traffic light … together with the Driving behavior of the one or more vehicles (14, 16) is processed… relates to a computer-readable medium with instructions which, when executed by a computer, cause the computer to carry out the steps of the method…”).
For claim 14, Wedajo discloses wherein the apparatus is configured to:
determine, based on the environment data relating to the environment of the motor vehicle during the trip, whether or not the signaling unit signaled a 1 during the trip (See at least Abstract – “… The present invention relates to a method... with the following steps: detection the one or more traffic lights (10a, 10b, 10c, 10d) by a detection system of a vehicle (14) and determining each state (T, F)… the specific state (T, F) of the respective traffic light …” and pages 9-10 of Wedajo – “… it is provided that the traffic lights 10a , 10b , 10c , 10d at least two states T , F. have a state T that is green and allows vehicles to pass through, and at least the second state F. , which is red and prohibits the passage of vehicles… The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through, being at the traffic lights 10d a green signal T lights up. The ego vehicle 14th has a red traffic light 10b in front of you. Therefore, the right traffic light is assigned accordingly 10d to the right lane 12d...”); and
include the trip in the basic set in a case in which the signaling unit did signal the stop request (See at least page 10 of Wedajo – “… the assignment can also be made passively, for example with a corresponding amount of data… there is an association between a traffic light 10b and the corresponding lane 12b can be made when the ego vehicle 14th explicitly in front of the traffic lights 10b that stops on red F… The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through…”); and/or
not include the trip in the basic set in a case in which the signaling unit did not signal the stop request.
For claim 15, Wedajo discloses wherein the apparatus is configured to:
determine, based on the subset, a proportion of trips from the basic set during which there was the stop request from the signaling unit but the request was not heeded by the motor vehicle (See at least page 10 of Wedajo – “… the assignment can also be made passively, for example with a corresponding amount of data… an association between a traffic light 10b and the corresponding lane 12b can be made when the ego vehicle 14th explicitly in front of the traffic lights 10b that stops on red F… as in FIG 4th is shown, provided that the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through… The ego vehicle 14th has a red traffic light 10b in front of you… the right traffic light is assigned accordingly 10d to the right lane 12d…”); and
compare the determined proportion with a proportion threshold value in order to detect the bypass lane of the signaling unit (See at least pages 10-11 of Wedajo – “… the assignment can also be made passively, for example with a corresponding amount of data… as in FIG 4th is shown, provided that the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through… The ego vehicle 14th has a red traffic light 10b in front of you… the right traffic light is assigned accordingly 10d to the right lane 12d… the assignment of a respective traffic … to a corresponding … takes place by means of an algorithm… generates a threshold value which must be exceeded in order to assign a respective traffic light 10a , 10b , 10c , 10d to a corresponding lane 12a , 12b , 12c , 12d … So it could be that the vehicle 16 a third party drives over red… It therefore makes sense to use suitably configured algorithms in order to increase reliability…”).
For claim 16, Wedajo discloses wherein the apparatus is configured to:
determine, based on the subset, a proportion of trips from the basic set during which there was the stop request from the signaling unit but the request was not heeded by the motor vehicle (See at least page 10 of Wedajo – “… the assignment can also be made passively, for example with a corresponding amount of data… an association between a traffic light 10b and the corresponding lane 12b can be made when the ego vehicle 14th explicitly in front of the traffic lights 10b that stops on red F… as in FIG 4th is shown, provided that the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through… The ego vehicle 14th has a red traffic light 10b in front of you… the right traffic light is assigned accordingly 10d to the right lane 12d…”); and
compare the determined proportion with a proportion threshold value in order to detect the bypass lane of the signaling unit (See at least pages 10-11 of Wedajo – “… the assignment can also be made passively, for example with a corresponding amount of data… as in FIG 4th is shown, provided that the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through… The ego vehicle 14th has a red traffic light 10b in front of you… the right traffic light is assigned accordingly 10d to the right lane 12d… the assignment of a respective traffic … to a corresponding … takes place by means of an algorithm… generates a threshold value which must be exceeded in order to assign a respective traffic light 10a , 10b , 10c , 10d to a corresponding lane 12a , 12b , 12c , 12d … So it could be that the vehicle 16 a third party drives over red… It therefore makes sense to use suitably configured algorithms in order to increase reliability…”).
For claim 17, Wedajo discloses wherein the apparatus is configured to:
determine, based on the subset, a proportion of trips from the basic set during which there was the stop request from the signaling unit but the request was not heeded by the motor vehicle (See at least page 10 of Wedajo – “… the assignment can also be made passively, for example with a corresponding amount of data… an association between a traffic light 10b and the corresponding lane 12b can be made when the ego vehicle 14th explicitly in front of the traffic lights 10b that stops on red F… as in FIG 4th is shown, provided that the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through… The ego vehicle 14th has a red traffic light 10b in front of you… the right traffic light is assigned accordingly 10d to the right lane 12d…”); and
compare the determined proportion with a proportion threshold value in order to detect the bypass lane of the signaling unit (See at least pages 10-11 of Wedajo – “… the assignment can also be made passively, for example with a corresponding amount of data… as in FIG 4th is shown, provided that the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through… The ego vehicle 14th has a red traffic light 10b in front of you… the right traffic light is assigned accordingly 10d to the right lane 12d… the assignment of a respective traffic … to a corresponding … takes place by means of an algorithm… generates a threshold value which must be exceeded in order to assign a respective traffic light 10a , 10b , 10c , 10d to a corresponding lane 12a , 12b , 12c , 12d … So it could be that the vehicle 16 a third party drives over red… It therefore makes sense to use suitably configured algorithms in order to increase reliability…”).
For claim 18, Wedajo discloses wherein the apparatus is configured to:
determine that there is the bypass lane at the signaling unit for which the signaling unit is not relevant where the determined proportion is equal to or greater than the proportion threshold value (See at least pages 10-11 of Wedajo – “… the assignment can also be made passively, for example with a corresponding amount of data… an association between a traffic light 10b and the corresponding lane 12b can be made when the ego vehicle 14th explicitly in front of the traffic lights 10b that stops on red F… as in FIG 4th is shown, provided that the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through… The ego vehicle 14th has a red traffic light 10b in front of you… the right traffic light is assigned accordingly 10d to the right lane 12d… the assignment of a respective traffic … to a corresponding … takes place by means of an algorithm… generates a threshold value which must be exceeded in order to assign a respective traffic light 10a , 10b , 10c , 10d to a corresponding lane 12a , 12b , 12c , 12d … So it could be that the vehicle 16 a third party drives over red… It therefore makes sense to use suitably configured algorithms in order to increase reliability…”); and/or
determine that there is no bypass lane at the signaling unit where the determined proportion is less than the proportion threshold value.
For claim 19, Wedajo fails to specifically disclose wherein the apparatus is configured to:
determine, based on the odometry information for the trip of the motor vehicle, that the motor vehicle has not dropped below a predefined limit speed for an entirety of the trip; and
determine that the motor vehicle has not stopped at a stop position of the signaling unit during the trip, based on a determination that the motor vehicle has not dropped below the predefined limit speed for the entirety of the trip.
However, Cardona, in the same field of endeavor teaches wherein the apparatus is configured to:
determine, based on the odometry information for the trip of the motor vehicle, that the motor vehicle has not dropped below a predefined limit speed for an entirety of the trip (See at least Col. 17 lines 6-16 of Cardona – “… vehicle sensor 120 may detect a speed parameter of the vehicle 108 while the vehicle is running … indicating the speed was detected/collected at a time 4:28:23 PM…” Examiner notes that the sensor detects when a vehicle is moving at a speed in a road segment, as opposed to the vehicle not moving at a speed); and
determine that the motor vehicle has not stopped at a stop position of the signaling unit during the trip, based on a determination that the motor vehicle has not dropped below the predefined limit speed for the entirety of the trip (See at least Col. 17 lines 6-67 through Col. 18 lines 1-6 of Cardona – “… a vehicle sensor 120 may detect a speed parameter of the vehicle 108 while the vehicle is running a red light and may record the relevant timestamp according to a first clock associated with the vehicle sensor 120 … e.g., indicating the speed was detected/collected at a time 4:28:23 PM… it may be desirable to synchronize the first and second sets of parameters such that a given event reflected in both sets of parameters (e.g., the point at which the traffic signal turned red) will have timestamps consistent with each other… the system 100 may … analyze the first and second sets of road segment parameters to identify one or more vehicle events… As an example, a set of parameters from the vehicle sensors (e.g., speed, heading, brake status, steering wheel orientation, etc.) and a set of parameters from an infrastructure device (e.g., a traffic signal status, a radar gun, a motion sensor, etc.) may each correspond to a vehicle driving through an intersection (e.g., while speeding, while running a red light…”). Thus, Wedajo discloses a driving assistance system for vehicles that records the driving behaviors of vehicles relative to the states of surrounding traffic lights in order to reliably assign a traffic light to a corresponding lane in a situation when a vehicle drives through a red traffic light, while Cardona teaches a system for collecting vehicle telematics data including the speed of the vehicle and determining when a vehicle runs a red light at a speed associated with a time stamp.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus and method as disclosed in Wedajo to include the feature of determining based on the odometry information for the trip of the motor vehicle, that the motor vehicle has not dropped below a predefined limit speed for an entirety of the trip as taught by Cardona, with a reasonable expectation of success, in order to identify when a vehicle runs past a red light as specified in at least Col. 17 lines 6-67 through Col. 18 lines 1-6 of Cardona.
For claim 20, Wedajo fails to specifically disclose wherein the apparatus is configured to:
determine, based on the odometry information for the trip of the motor vehicle, that the motor vehicle has not dropped below a predefined limit speed for an entirety of the trip; and
determine that the motor vehicle has not stopped at a stop position of the signaling unit during the trip, based on a determination that the motor vehicle has not dropped below the predefined limit speed for the entirety of the trip.
However, Cardona, in the same field of endeavor teaches wherein the apparatus is configured to:
determine, based on the odometry information for the trip of the motor vehicle, that the motor vehicle has not dropped below a predefined limit speed for an entirety of the trip (See at least Col. 17 lines 6-16 of Cardona – “… vehicle sensor 120 may detect a speed parameter of the vehicle 108 while the vehicle is running … indicating the speed was detected/collected at a time 4:28:23 PM…” Examiner notes that the sensor detects when a vehicle is moving at a speed in a road segment, as opposed to the vehicle not moving at a speed); and
determine that the motor vehicle has not stopped at a stop position of the signaling unit during the trip, based on a determination that the motor vehicle has not dropped below the predefined limit speed for the entirety of the trip (See at least Col. 17 lines 6-67 through Col. 18 lines 1-6 of Cardona – “… a vehicle sensor 120 may detect a speed parameter of the vehicle 108 while the vehicle is running a red light and may record the relevant timestamp according to a first clock associated with the vehicle sensor 120 … e.g., indicating the speed was detected/collected at a time 4:28:23 PM… it may be desirable to synchronize the first and second sets of parameters such that a given event reflected in both sets of parameters (e.g., the point at which the traffic signal turned red) will have timestamps consistent with each other… the system 100 may … analyze the first and second sets of road segment parameters to identify one or more vehicle events… As an example, a set of parameters from the vehicle sensors (e.g., speed, heading, brake status, steering wheel orientation, etc.) and a set of parameters from an infrastructure device (e.g., a traffic signal status, a radar gun, a motion sensor, etc.) may each correspond to a vehicle driving through an intersection (e.g., while speeding, while running a red light…”). Thus, Wedajo discloses a driving assistance system for vehicles that records the driving behaviors of vehicles relative to the states of surrounding traffic lights in order to reliably assign a traffic light to a corresponding lane in a situation when a vehicle drives through a red traffic light, while Cardona teaches a system for collecting vehicle telematics data including the speed of the vehicle and determining when a vehicle runs a red light at a speed associated with a time stamp.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus and method as disclosed in Wedajo to include the feature of determining based on the odometry information for the trip of the motor vehicle, that the motor vehicle has not dropped below a predefined limit speed for an entirety of the trip as taught by Cardona, with a reasonable expectation of success, in order to identify when a vehicle runs past a red light as specified in at least Col. 17 lines 6-67 through Col. 18 lines 1-6 of Cardona.
For claim 21, Wedajo fails to specifically disclose wherein the apparatus is configured to:
determine, based on the odometry information for the trip of the motor vehicle, that the motor vehicle has not dropped below a predefined limit speed for an entirety of the trip; and
determine that the motor vehicle has not stopped at a stop position of the signaling unit during the trip, based on a determination that the motor vehicle has not dropped below the predefined limit speed for the entirety of the trip.
However, Cardona, in the same field of endeavor teaches wherein the apparatus is configured to:
determine, based on the odometry information for the trip of the motor vehicle, that the motor vehicle has not dropped below a predefined limit speed for an entirety of the trip (See at least Col. 17 lines 6-16 of Cardona – “… vehicle sensor 120 may detect a speed parameter of the vehicle 108 while the vehicle is running … indicating the speed was detected/collected at a time 4:28:23 PM…” Examiner notes that the sensor detects when a vehicle is moving at a speed in a road segment, as opposed to the vehicle not moving at a speed); and
determine that the motor vehicle has not stopped at a stop position of the signaling unit during the trip, based on a determination that the motor vehicle has not dropped below the predefined limit speed for the entirety of the trip (See at least Col. 17 lines 6-67 through Col. 18 lines 1-6 of Cardona – “… a vehicle sensor 120 may detect a speed parameter of the vehicle 108 while the vehicle is running a red light and may record the relevant timestamp according to a first clock associated with the vehicle sensor 120 … e.g., indicating the speed was detected/collected at a time 4:28:23 PM… it may be desirable to synchronize the first and second sets of parameters such that a given event reflected in both sets of parameters (e.g., the point at which the traffic signal turned red) will have timestamps consistent with each other… the system 100 may … analyze the first and second sets of road segment parameters to identify one or more vehicle events… As an example, a set of parameters from the vehicle sensors (e.g., speed, heading, brake status, steering wheel orientation, etc.) and a set of parameters from an infrastructure device (e.g., a traffic signal status, a radar gun, a motion sensor, etc.) may each correspond to a vehicle driving through an intersection (e.g., while speeding, while running a red light…”). Thus, Wedajo discloses a driving assistance system for vehicles that records the driving behaviors of vehicles relative to the states of surrounding traffic lights in order to reliably assign a traffic light to a corresponding lane in a situation when a vehicle drives through a red traffic light, while Cardona teaches a system for collecting vehicle telematics data including the speed of the vehicle and determining when a vehicle runs a red light at a speed associated with a time stamp.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus and method as disclosed in Wedajo to include the feature of determining based on the odometry information for the trip of the motor vehicle, that the motor vehicle has not dropped below a predefined limit speed for an entirety of the trip as taught by Cardona, with a reasonable expectation of success, in order to identify when a vehicle runs past a red light as specified in at least Col. 17 lines 6-67 through Col. 18 lines 1-6 of Cardona.
For claim 22, Wedajo discloses wherein the apparatus is configured to:
create and/or update map data relating to the signaling unit based on the detected bypass lane; and/or include a map attribute for a virtual signal group of the signaling unit for the detected bypass lane in the map data (See at least pages 5-6 of Wedajo – “… it is provided that the data relating to the association between a relevant traffic light and a relevant lane are stored in a memory system. This ensures that the assignment of traffic lights and lanes is saved accordingly and can be called up at any time. This storage system can optionally be transferred so that vehicles can benefit from the data even when they approach a new traffic light for the first time… the storage system is a cloud-based storage system with a crowd-based database. In this way, data can be collected and used as comprehensively as possible. When a vehicle drives through a region for the first time, it can benefit from assignments previously made by other vehicles…”).
For claim 23, Wedajo discloses wherein the apparatus is configured to:
create and/or update map data relating to the signaling unit based on the detected bypass lane; and/or include a map attribute for a virtual signal group of the signaling unit for the detected bypass lane in the map data (See at least pages 5-6 of Wedajo – “… it is provided that the data relating to the association between a relevant traffic light and a relevant lane are stored in a memory system. This ensures that the assignment of traffic lights and lanes is saved accordingly and can be called up at any time. This storage system can optionally be transferred so that vehicles can benefit from the data even when they approach a new traffic light for the first time… the storage system is a cloud-based storage system with a crowd-based database. In this way, data can be collected and used as comprehensively as possible. When a vehicle drives through a region for the first time, it can benefit from assignments previously made by other vehicles…”).
For claim 24, Wedajo discloses wherein the apparatus is configured to:
create and/or update map data relating to the signaling unit based on the detected bypass lane; and/or include a map attribute for a virtual signal group of the signaling unit for the detected bypass lane in the map data (See at least pages 5-6 of Wedajo – “… it is provided that the data relating to the association between a relevant traffic light and a relevant lane are stored in a memory system. This ensures that the assignment of traffic lights and lanes is saved accordingly and can be called up at any time. This storage system can optionally be transferred so that vehicles can benefit from the data even when they approach a new traffic light for the first time… the storage system is a cloud-based storage system with a crowd-based database. In this way, data can be collected and used as comprehensively as possible. When a vehicle drives through a region for the first time, it can benefit from assignments previously made by other vehicles…”).
For claim 25, Wedajo discloses wherein the bypass lane is a lane for which a signal group of the signaling unit detected by the motor vehicle is not relevant (See at least page 10 of Wedajo – “… an association between a traffic light 10b and the corresponding lane 12b can be made when the ego vehicle 14th explicitly in front of the traffic lights 10b that stops on red F… the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through, being at the traffic lights 10d a green signal T lights up. The ego vehicle 14th has a red traffic light 10b in front of you. Therefore, the right traffic light is assigned accordingly 10d to the right lane 12d …”).
For claim 26, Wedajo discloses wherein the bypass lane is a lane for which a signal group of the signaling unit detected by the motor vehicle is not relevant (See at least page 10 of Wedajo – “… an association between a traffic light 10b and the corresponding lane 12b can be made when the ego vehicle 14th explicitly in front of the traffic lights 10b that stops on red F… the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through, being at the traffic lights 10d a green signal T lights up. The ego vehicle 14th has a red traffic light 10b in front of you. Therefore, the right traffic light is assigned accordingly 10d to the right lane 12d …”).
For claim 27, Wedajo discloses wherein the bypass lane is a lane for which a signal group of the signaling unit detected by the motor vehicle is not relevant (See at least page 10 of Wedajo – “… an association between a traffic light 10b and the corresponding lane 12b can be made when the ego vehicle 14th explicitly in front of the traffic lights 10b that stops on red F… the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through, being at the traffic lights 10d a green signal T lights up. The ego vehicle 14th has a red traffic light 10b in front of you. Therefore, the right traffic light is assigned accordingly 10d to the right lane 12d …”).
For claim 28, Wedajo discloses a method for detecting a bypass lane of a signaling unit (See at least Abstract of Wedajo – “… The present invention relates to … assigning one or more traffic lights (10a, 10b, 10c, 10d) of a traffic light system (10) to a corresponding lane (12a, 12b, 12c, 12d) of a street … The present invention also relates to a driving assistance system … a computer program with instructions which, when the program is executed by a computer, cause the computer to carry out the steps of the method…”), the method comprising:
determining trip data for a plurality of trips by a motor vehicle in surroundings of the signaling unit, wherein the trip data for a trip of the motor vehicle include odometry information relating to a motion of the motor vehicle during the trip (See at least page 3-6 of Wedajo – “… the present invention specifies a method for assigning one or more traffic lights of a traffic light system to a corresponding lane of a road, with the steps… Detection of a driving behavior of one or more vehicles in a respective lane by the detection system; Assigning a respective traffic light to a corresponding lane, the specific state of the respective traffic light being processed together with the driving behavior of the one or more vehicles… The recording of the driving behavior of one or more vehicles in the respective lane by the recording system is necessary in order to be able to record a corresponding drive through… data can be collected and used as comprehensively as possible. When a vehicle drives through a region for the first time, it can benefit from assignments previously made by other vehicles…”);
determining, based on the trip data, a subset of the plurality of trips during which a stop request from the signaling unit to stop at the signaling unit was not heeded (See at least page 10 of Wedajo – “… Optionally, the assignment can also be made passively, for example with a corresponding amount of data. This means that there is an association between a traffic light 10b and the corresponding lane 12b can be made when the ego vehicle 14th explicitly in front of the traffic lights 10b that stops on red… as in FIG 4th is shown, provided that the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through …”);
detecting the bypass lane of the signaling unit based on the determined subset of trips (See at least pages 6-10 of Wedajo – “…the detection system has at least one front camera… can easily capture the traffic light system in front of the vehicle and the surrounding lanes… as in FIG 4th is shown, provided that the driving behavior of a vehicle 16 a third party is recorded. The ego vehicle 14th thus has a red traffic light 10b in front of you and that captured a vehicle 16 of a third party in the right lane 12d drives through, being at the traffic lights 10d a green signal T lights up. The ego vehicle 14th has a red traffic light 10b in front of you. Therefore, the right traffic light is assigned accordingly 10d to the right lane 12d…”).
Wedajo fails to specifically disclose wherein the trip data for a trip of the motor vehicle include odometry information relating to a motion, including a speed, of the motor vehicle during the trip.
However, Cardona, in the same field of endeavor teaches wherein the trip data for a trip of the motor vehicle include odometry information relating to a motion, including a speed, of the motor vehicle during the trip (See at least Col. 6 lines 62-67 of Cardona – “… a vehicle telematics system may capture vehicle sensor data (e.g., speed, position, heading, braking, etc.) while a vehicle is at the road segment during the given time-period…”). Thus, Wedajo discloses a driving assistance system for vehicles that records the driving behaviors of vehicles relative to the states of surrounding traffic lights in order to reliably assign a traffic light to a corresponding lane in a situation when a vehicle drives through a red traffic light, while Cardona teaches a system for collecting vehicle telematics data including the speed of the vehicle.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus and method as disclosed in Wedajo to include the feature of the trip data for a trip of the motor vehicle including odometry information relating to a motion, including a speed, of the motor vehicle during the trip as taught by Cardona, with a reasonable expectation of success, in order to capture vehicle sensor data while a vehicle is at a road segment during the given time-period as specified in at least Col. 6 lines 62-67 of Cardona.
Furthermore, Wedajo also fails to specifically disclose wherein the bypass lane is a lane in which a signaling state of the signaling unit is irrelevant for the motor vehicle; and
controlling automated driving of the motor vehicle based on detection of the bypass lane.
However, Hochman, in the same field of endeavor teaches wherein the bypass lane is a lane in which a signaling state of the signaling unit is irrelevant for the motor vehicle (See at least [0500] of Hochman – “… vehicles traveling in lane 3611B may “obey” traffic light 3630A just as well as vehicles traveling in lane 3611A… The vehicles traveling in lane 3611B may obey traffic light 3630A by executing a second set of navigational actions (e.g., execute all of the navigational actions of the vehicles traveling in lane 3611A except for the action of turning left when the state identifier for light 3630A is a green turning arrow). When the state identifier for light 3630A is a green turning arrow, the vehicles traveling in lane 3611B may be configured to travel through light 3630A…”); and
controlling automated driving of the motor vehicle based on detection of the bypass lane (See at least [0004] – “… the present disclosure provide systems and methods for autonomous vehicle navigation. The disclosed embodiments may use cameras to provide autonomous vehicle navigation features. For example, consistent with the disclosed embodiments, the disclosed systems may include one, two, or more cameras that monitor the environment of a vehicle. The disclosed systems may provide a navigational response based on, for example, an analysis of images captured by one or more of the cameras…” and [0500] of Hochman – “… vehicles traveling in lane 3611B may “obey” traffic light 3630A just as well as vehicles traveling in lane 3611A… The vehicles traveling in lane 3611B may obey traffic light 3630A by executing a second set of navigational actions (e.g., execute all of the navigational actions of the vehicles traveling in lane 3611A except for the action of turning left when the state identifier for light 3630A is a green turning arrow). When the state identifier for light 3630A is a green turning arrow, the vehicles traveling in lane 3611B may be configured to travel through light 3630A…”). Thus, Wedajo discloses a driving assistance system for vehicles that records the driving behaviors of vehicles relative to the states of surrounding traffic lights in order to reliably assign a traffic light to a corresponding lane in a situation when a vehicle drives through a red traffic light, while Hochman teaches a traffic light navigation system for autonomous vehicles that recognizes the state of a traffic light that is not relevant to the vehicle as the vehicle travels on a bypass lane that does not pertain to a signal state of the traffic light.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus and method as disclosed in Wedajo to include the feature of controlling automated driving of the motor vehicle based on detection of the bypass lane as taught by Hochman, with a reasonable expectation of success, in order to travel through a traffic signal state when the traffic signal state does not pertain to the lane in which the vehicle travels as specified in at least [0500] of Hochman.
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 MICHAEL J HERRERA whose telephone number is (571)270-5271. The examiner can normally be reached M-F 10:00 AM to 6:00 PM EST.
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/M.J.H./Examiner, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
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