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 .
Response to the Applicant’s arguments
The previous rejection is withdrawn. Applicant’s amendments are entered. Applicant’s remarks are also entered into the record. A new search was made necessitated by the applicant’s amendments.
A new reference was found. A new rejection is made herein.
Applicant’s arguments are now moot in view of the new rejection of the claims.
Claim 1 is amended to recite and Herbach is silent but Ditty teaches “…and wherein, for each respective segment out of the set of segments, the route information is indicative of at least one preferred and/or required localization service to be used for positioning the autonomous vehicle in the respective segment, (see claim 52 and also paragraph 47 and 484 where each of the autonomous vehicles can receive localized information from a server device for positioning the vehicle on the road and provide context about the customs)…. wherein the route information has been pre-recorded by a recording vehicle such that it is always known which localization sensor is to be used for overlapping between the current segment and the subsequent segment” (see paragraph 484 and 513 and 609-12 where the server can record the route of other vehicles and then provide a HD map that is very rich about the road to other vehicles)
It would have been obvious for one of ordinary skill in the art before the effective filing date to combine the teachings of DITTY with the disclosure of HERBACH with a reasonable expectation of success since DITTY teaches that a cloud server can provide a localization service and aggregate all of the data of other vehicles and provide this to the server and provide this HD map to all vehicles. These can include features that are relevant to the customs of driving, the flatness of the road, and if there are construction or police on the roads to provide an insight to help the autonomous navigate with latent variables from other vehicle’s experiences.
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.
Claim 1 is rejected under 35 U.S.C. 112b as being vague and indefinite for failing to disclose the metes and bounds of the claims. Claim 1 recites “a preferred or required localization service to be used”. It is not understood how it is required and also optional. It is also not understood how this is preferred? This appears to be subjective and the metes and bounds are not understood. The claim also recites “it is always known”. The phrase “it” is vague and indefinite. It is known by what entity? The processor? The driver? The claim is vague and indefinite.
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.
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.
Claims 1-3, 5, 7-10 and 12-17 are rejected under 35 U.S.C. 103 as being unpatentable as obvious in view of U.S. Patent No.: 8,849,494 B1 to Herbach which was filed on 3-15-13 (hereinafter “Herbach”) which is prior to the effective date of 3-3-21 and assigned to Waymo™ and in view of United States Patent Application Pub. No.: US20190258251A1 to Ditty filed in 2018 and assigned to NVIDIA™.
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Herbach discloses “...1. (Currently Amended) A method for assisting in navigating an autonomous vehicle along a
Route the method comprising: (see col. 6, lines 18 to 39) (see LIDAR unit 1626 in FIG. 16 and camera 1628 and obstacle detector 1630-1634 where the vehicle approaches the items and detects the items) (see col. 6, lines 18 to 39) (see LIDAR unit 1626 in FIG. 16 and camera 1628 and obstacle detector 1630-1634 where the vehicle approaches the items and detects the items) (see col. 6, lines 18 to 39) (see LIDAR unit 1626 in FIG. 16 and camera 1628 and obstacle detector 1630-1634 where the vehicle approaches the items and detects the items)
- obtaining route information of the route
wherein the route information is
indicative of a set of segments of the route and for each respective
segment out of the set of segments the route information is indicative of
at least one candidate localization service for positioning the autonomous vehicle in the respective segment, (see FIG. 10, where the av may be processing the data incorrectly and may become stuck and the remote operator cancels the information and intervenes in block 1030; see col. 4, lines 37 to 40 where the at least one high-level, polygonal or polyhedral representation of an object that obstructs the first trajectory or point cloud representation of the object in the point cloud is ignored and cancelled so the vehicle can drive with the new trajectory and ignore the old incorrect trajectory; see col. 11, line 35). (see FIG. 10, where the av may be processing the data incorrectly and may become stuck and the remote operator cancels the information and intervenes in block 1030; see col. 4, lines 37 to 40 where the at least one high-level, polygonal or polyhedral representation of an object that obstructs the first trajectory or point cloud representation of the object in the point cloud is ignored and cancelled so the vehicle can drive with the new trajectory and ignore the old incorrect trajectory; see col. 11, line 35)”. (See FIG. 15a that shows a touchscreen 1500 where a new proposed trajectory 1550 in FIG. 15b can be made for the vehicle 1530 to avoid the object 1542 and FIG. 15c where the speed 1562 may also be altered; see FIG. 19A, block 1901; see Col. 22, lines 28 to 67; see Col. 24, lines 1-65)”.
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- determining a subsequent segment for which the autonomous vehicle will travel in, based on determining a location of the autonomous vehicle and by using the obtained route information;
wherein the subsequent segment is the immediate next segment in the set of segments with respect to the current segment,
- when the autonomous vehicle is travelling in a current segment out of the set of segments with use of the obtained route information, selecting for a subsequent segment out of the set of segments (302, 304, 306, 308), at least one localization
service from the at least one candidate localization service to be used for positioning the autonomous vehicle in the subsequent segment, and wherein the selected at least one(see FIG. 17 where there is a remote server 520 that can monitor the vehicle and is a processor and see FIG. 10, where the av may be processing the data incorrectly and may become stuck and the remote operator cancels the information and intervenes in block 1030; see col. 4, lines 37 to 40 where the at least one high-level, polygonal or polyhedral representation of an object that obstructs the first trajectory or point cloud representation of the object in the point cloud is ignored and cancelled so the vehicle can drive with the new trajectory and ignore the old incorrect trajectory; see col. 11, line 35).
localization service is at least partially used for positioning the autonomous vehicle in the current segment out of the set of segments and
selecting the at least one localization service for the subsequent segment further comprises
selecting at least one additional localization service not used for navigating in the current segment out of the set of segments”. (See FIG. 16 where the control system includes a driving and steering controller unit 1644 and see FIG. 15a that shows a touchscreen 1500 where a new proposed trajectory 1550 in FIG. 15b can be made for the vehicle 1530 to avoid the object 1542 and FIG. 15c where the speed 1562 may also be altered; see FIG. 19A, block 1901; see Col. 22, lines 28 to 67; see Col. 24, lines 1-65)”. ; (see col. 6, lines 18 to 39) (see LIDAR unit 1626 in FIG. 16 and camera 1628 and obstacle detector 1630-1634 where the vehicle approaches the items and detects the items) (see FIG. 10, where the av may be processing the data incorrectly and may become stuck and the remote operator cancels the information and intervenes in block 1030; see col. 4, lines 37 to 40 where the at least one high-level, polygonal or polyhedral representation of an object that obstructs the first trajectory or point cloud representation of the object in the point cloud is ignored and cancelled so the vehicle can drive with the new trajectory and ignore the old incorrect trajectory; see col. 11, line 35).
Claim 1 is amended to recite and Herbach is silent but Ditty teaches “…and wherein, for each respective segment out of the set of segments, the route information is indicative of at least one preferred and/or required localization service to be used for positioning the autonomous vehicle in the respective segment, (see claim 52 and also paragraph 47 and 484 where each of the autonomous vehicles can receive localized information from a server device for positioning the vehicle on the road and provide context about the customs)…. wherein the route information has been pre-recorded by a recording vehicle such that it is always known which localization sensor is to be used for overlapping between the current segment and the subsequent segment” (see paragraph 484 and 513 and 609-12 where the server can record the route of other vehicles and then provide a HD map that is very rich about the road to other vehicles)
It would have been obvious for one of ordinary skill in the art before the effective filing date to combine the teachings of DITTY with the disclosure of HERBACH with a reasonable expectation of success since DITTY teaches that a cloud server can provide a localization service and aggregate all of the data of other vehicles and provide this to the server and provide this HD map to all vehicles. These can include features that are relevant to the customs of driving, the flatness of the road, and if there are construction or police on the roads to provide an insight to help the autonomous navigate with latent variables from other vehicle’s experiences.
Herbach discloses “....2. (Currently Amended) The method according to claim 1, wherein the method further comprises
navigating -the autonomous vehicle tin the subsequent segment based on positioning
information from the selected at least one localization service. (see FIG. 10 where the vehicle cannot process the object and has become stuck and then a second controller at the assistance center 520 has superior processing power or a human expert and can provide a new trajectory around the object 1060 to avoid the accident)
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Herbach discloses “...3. (Currently Amended) The method according to any one of the preceding claims claim 1, wherein each respective segment out of the set of segments (3 02, 3 04, 3 06, 3 08) is indicative
of a recorded trajectory”. (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly);…. (see LIDAR, RADAR and camera and GPS, and IMU sensors in FIG. 15), (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center). “(see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No.: 8,849,494 B1 to Herbach which was filed on 3-15-13 (hereinafter “Herbach”) which is prior to the effective date of 7-11-19 and assigned to Waymo™ and in view of European Patent Pub. No.: EP 2625079B1 to Zhu et al. that was filed in 2011 and Ditty.
Zhu teaches “...4. (Original) The method according to claim 3, wherein each recorded trajectory is indicative of how a recording vehicle previously travelled in the respective segment”. (See paragraph 46 where the server will record other vehicles’ environmental data to use later based on the lane lines and objects in the road and this can be shared for safety).
It would have been obvious for one of ordinary skill in the art at the lime the invention was made to combine the teachings of ZHU assigned to WAYMO™ with the disclosure of HERBACK assigned to WAYMO™ with a reasonable expectation of success since ZHJU teaches that safety may be improved by recording objects and the terrain in a HD map. This can be saved in the server and used by other vehicles where there is a significant grade or a hidden speed limit sign that is not visible. This can assist with other vehicles accessing the HD map. For example, the first AV can determine there is an object in the road and record this in the HP map for other vehicles to use for safe operation.
Herbach discloses “5. (Currently Amended) The method according to any of claims 3 or 4 claim 3, wherein the route information is further indicative of: for each respective segment out of the set of segments (302, 304, 306, 308), the at least one candidate localization service for the respective segment was used for positioning the recording vehicle and/or was available for positioning the recording vehicle, when the recording vehicle recorded the respective segment”. (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly);…. (see LIDAR, RADAR and camera and GPS, and IMU sensors in FIG. 15), (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center). “(see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center).
6. (Canceled)
Herbach discloses “...7. (Currently Amended) The method according to any one of the preceding claims claim 1,
wherein selecting (203) the at least one localization service for the subsequent segment
comprises determining an availability of the at least one candidate localization service for the subsequent segment. (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly);…. (see LIDAR, RADAR and camera and GPS, and IMU sensors in FIG. 15), (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center). “(see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center).
Herbach discloses “...8. (Original) The method according to claim 7, wherein determining the availability of the at least one candidate localization service for the subsequent segment comprises determining whether a sensor to be used for the at least one candidate localization service is activated”. (see FIG. 10 where the av is in a failure mode and cannot process the surroundings anymore and provides a help signal 1022 and then the server 520 via 1024 connects to the av via signal 1024) (see FIG. 4, blocks 410-440) (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly);…. (see LIDAR, RADAR and camera and GPS, and IMU sensors in FIG. 15), (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center). “(see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center).
Herbach discloses “...9. (Currently Amended) The method according to any one of the preceding claims claim 1, wherein for each respective segment out of the set of segments (302, 304, 306, 308), the route information is indicative of at least one preferred and/or required localization service to be used for positioning the autonomous vehicle fl+in the respective segment”. (see FIG. 10 where the av is in a failure mode and cannot process the surroundings anymore and provides a help signal 1022 and then the server 520 via 1024 connects to the av via signal 1024) (see FIG. 4, blocks 410-440) (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly);…. (see LIDAR, RADAR and camera and GPS, and IMU sensors in FIG. 15), (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center). “(see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center).
Herbach discloses “...10. (Currently Amended) The method according to claim 9, wherein selecting ~the at least
one localization service for the subsequent segment comprises selecting the at least one preferred and/or required localization service for the subsequent segment. (see FIG. 10 where the av is in a failure mode and cannot process the surroundings anymore and provides a help signal 1022 and then the server 520 via 1024 connects to the av via signal 1024) (see FIG. 4, blocks 410-440) (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly);…. (see LIDAR, RADAR and camera and GPS, and IMU sensors in FIG. 15), (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center). “(see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center).
11. (Canceled)
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Herbach discloses “...12. (Currently Amended) The method according to any one of the preceding claims claim 1,
wherein the at least one candidate localization service comprises the use of any one or more out of:
at least one two-dimensional, 2D, Light Detection and Ranging, Lidar, sensor, at least one three-dimensional, 3D, Light Detection and Ranging, Lidar, sensor, at least one wireless device arranged for positioning the autonomous vehicle-fB in a wireless network~,
at least one camera unit, and a Global Navigation Satellite System, GNSS~. “ (see figure 16 where the sensors include a lidar, radar and GPS and this can all be provided to the server to assist and process the data correctly) (see FIG. 10 where the av is in a failure mode and cannot process the surroundings anymore and provides a help signal 1022 and then the server 520 via 1024 connects to the av via signal 1024) (see FIG. 4, blocks 410-440) (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly);…. (see LIDAR, RADAR and camera and GPS, and IMU sensors in FIG. 15), (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center). “(see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center).
Herbach discloses “..13. (Currently Amended) A control unit configured to perform the method according to claim 1”. (see FIG. 10 where the av is in a failure mode and cannot process the surroundings anymore and provides a help signal 1022 and then the server 520 via 1024 connects to the av via signal 1024) (see FIG. 4, blocks 410-440) (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly);…. (see LIDAR, RADAR and camera and GPS, and IMU sensors in FIG. 15), (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center). “(see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center).
Herbach discloses “...14. (Currently Amended) An autonomous vehicle comprising the control unit of claim 13”. (see FIG. 10 where the av is in a failure mode and cannot process the surroundings anymore and provides a help signal 1022 and then the server 520 via 1024 connects to the av via signal 1024) (see FIG. 4, blocks 410-440) (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly);…. (see LIDAR, RADAR and camera and GPS, and IMU sensors in FIG. 15), (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center). “(see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center).
Herbach discloses “..15. (Currently Amended) The autonomous vehicle according to claim 14 further comprising a set of sensors f2-Gt---for use by one or more localization services when navigating the
autonomous vehicle along a route (300). (see FIG. 10 where the av is in a failure mode and cannot process the surroundings anymore and provides a help signal 1022 and then the server 520 via 1024 connects to the av via signal 1024) (see FIG. 4, blocks 410-440) (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly);…. (see LIDAR, RADAR and camera and GPS, and IMU sensors in FIG. 15), (see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center). “(see block 520 where the assistance center 520 communicates with all of the avs 1010 and exchanges data and determines if the vehicle is 1. A driverless vehicle and 2. If the vehicle is stuck and is working incorrectly; see col. 29, line 10-13 where the av 1600 is controlled to a controlled stop to avoid a trajectory, or alternatively to a new proposed trajectory and FIG. 10, where the assistance center 520 may control the autonomous vehicle that is stuck to the new trajectory 1090 and to override the incorrect action in av 1010; see col. 16, lines 15 to 44; see col. 25, lines 45 to 51 where the new speed may be provided by the assistance center).
Claim 16 is cancelled.
Herbach discloses “...17. (Currently Amended) A non-transitory computer program medium carrying a computer program comprising program code means for performing the steps of claim I when said program code is run on a computer”. (see FIG. 16).
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 JEAN PAUL CASS whose telephone number is (571)270-1934. The examiner can normally be reached Monday to Friday 7 am to 7 pm; Saturday 10 am to 12 noon.
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/JEAN PAUL CASS/Primary Examiner, Art Unit 3666
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