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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/05/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of the Claims
This action is in reply to the application filed on 09/05/2024.
Claims 1-11 have been examined.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
101 Analysis - Step 1
Claims 10, and 11 recite a method/process, therefore claims 10 and 11 are within at least one of the four statutory categories.
Claims 1-9 recite an apparatus/machine, therefore claims 1-9 are within at least one of the four statutory categories.
101 Analysis - Step 2A, Prong 1
Regarding Prong 1 of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the follow groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Independent claim 1 includes limitations that recites mental processes and/or mathematical concepts (emphasized below) and will be used as a representative claim for the remainder of the 101 rejection. Claim 1 recites:
An information processing device comprising:
a map creation unit that creates a map on the basis of obstacle position information indicating a position of an obstacle site that obstructs travel by a mobile device, and
angle information indicating an angle at each travel position at which the mobile device travels of the mobile device.
These limitations, as drafted, is a system that, under its broadest reasonable interpretation, covers performance of the limitation as a mental process and/or mathematical concept. That is, nothing in the claim elements preclude the steps from practically being performed as mathematical concepts/data manipulation. For example, " a map creation unit that creates a map …" and angle information indicating an angle at each travel position...", encompass subject matter that a human can reasonably perform in the human mind with or without paper and pencil. " a map creation unit that creates a map …" and angle information indicating an angle at each travel position...", involves a mathematical equation and is a mathematical concept/data manipulation, although this step could also be considered a mental process as well. Thus, the claim recites at least a mathematical concept and a mental process.
101 Analysis - Step 2A, Prong 2
Regarding Prong 2 of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract idea into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a "practical application."
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the "additional limitations" while the bolded portions continue to represent the "abstract idea"):
An information processing device comprising:
a map creation unit that creates a map on the basis of obstacle position information indicating a position of an obstacle site that obstructs travel by a mobile device, and
angle information indicating an angle at each travel position at which the mobile device travels of the mobile device.
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the additional limitations of "an information processing device…" and “a map creation unit…”, “a mobile device…” the components are merely generic components to perform a function using computer code. The generic components are recited at a high level of generality (i.e. a generic processor and memory) such that it amounts to no more than mere instructions to apply the exception using generic computer components and perform generic functions of data collection and processing. The examiner submits that these limitations are merely applying the above-noted abstract idea by merely using a general controller to perform the process (MPEP §2106.05).
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular process for safety performance evaluation, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
101 Analysis - Step 2B
Regarding Step 2B in the 2019 PEG, representative independent claim 12 does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of "an information processing device…" and “a map creation unit…”, “a mobile device…”amounts to nothing more than applying the exception using a generic computer component. Mere instructions cannot provide an inventive concept. Hence, the claim is not patent eligible.
Claims 1 and 10 recites analogous limitations to that of claim 11, and are therefore rejected by the same premise.
Dependent claims 2-9 specify limitations that elaborate on the abstract idea of claims 1, 10 and 11, and thus are directed to an abstract idea nor do the claims recite additional limitations that integrate the claims into a practical application or amount to “significantly more” for similar reasons.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Takao (JP2014182591).
Claim.1 Takao discloses an information processing device (see at least fig.1-2, p7, an environment map generation control device of a movable body) comprising: a map creation unit that creates a map on the basis of obstacle position information indicating a position of an obstacle site that obstructs travel by a mobile device (see at least fig.7-11, p10, in the environment map generation control system for a mobile object, determined to be an uphill or an obstacle, p41, when the measurement point evaluation result value A is the value 1 indicating the travel possible state, and the determination result of the above step S30 is true (Yes), the process proceeds to step S32. In step S32, the environmental map generation unit 30 determines whether the measurement visual field evaluation result value B received from the LRF data processing unit 28 is a value 1 indicating a flat area, p42, the environment map generation unit 30 determines whether the measurement visual field evaluation result value B is a value 2 indicating an uphill. If the determination result is false (No), that is, if the measurement visual field evaluation result value B is the value 3 indicating downhill or the value 4 indicating that there is an obstacle), and angle information indicating an angle at each travel position at which the mobile device travels of the mobile device (see at least fig.7-11, p5, the elevation angle of the road surface with respect to the optical axis of the laser decreases. If the elevation angle decreases in this way, the scan of the road surface may be missed if the moving body slightly swings, and it may be recognized as a non-travelable area because it cannot be measured even in a flat and travelable area, p31, the LRF data processing unit 28 generates the environment map based on the attitude angle of the unmanned vehicle 1 detected by the gyro sensor 4 with the distance measurement data at the measurement point measured by the LRF 10, p47, State and obstacles can be detected. This makes it possible to generate an accurate environmental map even when traveling at high speed where the elevation angle with the road surface is small, and to realize safe autonomous traveling).
Claim.2 Takao discloses wherein the map creation unit creates the map including the obstacle position information, and the angle information at each travel position (see at least fig.7-11, p5, the elevation angle of the road surface with respect to the optical axis of the laser decreases. If the elevation angle decreases in this way, the scan of the road surface may be missed if the moving body slightly swings, and it may be recognized as a non-travelable area because it cannot be measured even in a flat and travelable area, p31, the LRF data processing unit 28 generates the environment map based on the attitude angle of the unmanned vehicle 1 detected by the gyro sensor 4 with the distance measurement data at the measurement point measured by the LRF 10, p42, the environment map generation unit 30 determines whether the measurement visual field evaluation result value B is a value 2 indicating an uphill. If the determination result is false (No), that is, if the measurement visual field evaluation result value B is the value 3 indicating downhill or the value 4 indicating that there is an obstacle, p47, State and obstacles can be detected. This makes it possible to generate an accurate environmental map even when traveling at high speed where the elevation angle with the road surface is small, and to realize safe autonomous traveling).
Claim.3 Takao discloses wherein the map creation unit uses posture information indicating a posture of the mobile device at each travel position as the angle information, and creates the map for each of pieces of the angle information indicating different angles (see at least fig.7-11, p20, the computer unit 20 roughly includes an environment recognition and self position measurement unit 22 and a vehicle control unit 24, p29, in the LRF data processing unit 28, the environment recognition and self position measurement unit 22 relates to the relationship between the visual field of the laser from the LRF 10 and the road surface condition as described above in addition to the determination of the obstacle based on the distance measurement value ,p42, the environment map generation unit 30 determines whether the measurement visual field evaluation result value B is a value 2 indicating an uphill. If the determination result is false (No), that is, if the measurement visual field evaluation result value B is the value 3 indicating downhill or the value 4 indicating that there is an obstacle).
Claim.4 Takao discloses wherein the map creation unit integrates maps for the respective pieces of the angle information on the basis of the travel position to create one map (see at least fig.7-11, p5, the elevation angle of the road surface with respect to the optical axis of the laser decreases. If the elevation angle decreases in this way, the scan of the road surface may be missed if the moving body slightly swings, and it may be recognized as a non-travelable area because it cannot be measured even in a flat and travelable area, p31, the LRF data processing unit 28 generates the environment map based on the attitude angle of the unmanned vehicle 1 detected by the gyro sensor 4 with the distance measurement data at the measurement point measured by the LRF 10, p42, the environment map generation unit 30 determines whether the measurement visual field evaluation result value B is a value 2 indicating an uphill. If the determination result is false (No), that is, if the measurement visual field evaluation result value B is the value 3 indicating downhill or the value 4 indicating that there is an obstacle, p47, State and obstacles can be detected. This makes it possible to generate an accurate environmental map even when traveling at high speed where the elevation angle with the road surface is small, and to realize safe autonomous traveling).
Claim.5 Takao discloses wherein the map creation unit acquires the angle information according to a user input (see at least fig.7-11, p5, the elevation angle of the road surface with respect to the optical axis of the laser decreases. If the elevation angle decreases in this way, the scan of the road surface may be missed if the moving body slightly swings, and it may be recognized as a non-travelable area because it cannot be measured even in a flat and travelable area, p31, the LRF data processing unit 28 generates the environment map based on the attitude angle of the unmanned vehicle 1 detected by the gyro sensor 4 with the distance measurement data at the measurement point measured by the LRF 10, p42, the environment map generation unit 30 determines whether the measurement visual field evaluation result value B is a value 2 indicating an uphill. If the determination result is false (No), that is, if the measurement visual field evaluation result value B is the value 3 indicating downhill or the value 4 indicating that there is an obstacle, p47, State and obstacles can be detected. This makes it possible to generate an accurate environmental map even when traveling at high speed where the elevation angle with the road surface is small, and to realize safe autonomous traveling, p48, the present invention can be applied to a remote control or a vehicle, a robot or the like in which a driver rides and drives by himself).
Claim.6 Takao discloses wherein the map creation unit creates the map using normal information at each travel position of a travel surface on which the mobile device travels as the angle information (see at least fig.7-11, p5, the elevation angle of the road surface with respect to the optical axis of the laser decreases. If the elevation angle decreases in this way, the scan of the road surface may be missed if the moving body slightly swings, and it may be recognized as a non-travelable area because it cannot be measured even in a flat and travelable area, p31, the LRF data processing unit 28 generates the environment map based on the attitude angle of the unmanned vehicle 1 detected by the gyro sensor 4 with the distance measurement data at the measurement point measured by the LRF 10, p47, State and obstacles can be detected. This makes it possible to generate an accurate environmental map even when traveling at high speed where the elevation angle with the road surface is small, and to realize safe autonomous traveling).
Claim.7 Takao discloses wherein the map creation unit creates, as the map, a normal information map using the normal information as the angle information, and an obstacle site map based on the obstacle position information (see at least fig.7-11, p5, the elevation angle of the road surface with respect to the optical axis of the laser decreases. If the elevation angle decreases in this way, the scan of the road surface may be missed if the moving body slightly swings, and it may be recognized as a non-travelable area because it cannot be measured even in a flat and travelable area, p31, the LRF data processing unit 28 generates the environment map based on the attitude angle of the unmanned vehicle 1 detected by the gyro sensor 4 with the distance measurement data at the measurement point measured by the LRF 10, p47, State and obstacles can be detected. This makes it possible to generate an accurate environmental map even when traveling at high speed where the elevation angle with the road surface is small, and to realize safe autonomous traveling).
Claim.8 Takao discloses wherein the map creation unit adds, to the obstacle position information, a position at which the obstacle site is detected(see at least fig.7-11, p10, in the environment map generation control system for a mobile object, determined to be an uphill or an obstacle, p41, when the measurement point evaluation result value A is the value 1 indicating the travel possible state, and the determination result of the above step S30 is true (Yes), the process proceeds to step S32. In step S32, the environmental map generation unit 30 determines whether the measurement visual field evaluation result value B received from the LRF data processing unit 28 is a value 1 indicating a flat area, p42, the environment map generation unit 30 determines whether the measurement visual field evaluation result value B is a value 2 indicating an uphill. If the determination result is false (No), that is, if the measurement visual field evaluation result value B is the value 3 indicating downhill or the value 4 indicating that there is an obstacle), posture information indicating a posture of the mobile device at the position at which the obstacle site is detected, or inclination information on a travel surface on which the mobile device travels at the position at which the obstacle site is detected (see at least fig.7-11, p5, the elevation angle of the road surface with respect to the optical axis of the laser decreases. If the elevation angle decreases in this way, the scan of the road surface may be missed if the moving body slightly swings, and it may be recognized as a non-travelable area because it cannot be measured even in a flat and travelable area, p31, the LRF data processing unit 28 generates the environment map based on the attitude angle of the unmanned vehicle 1 detected by the gyro sensor 4 with the distance measurement data at the measurement point measured by the LRF 10, p47, State and obstacles can be detected. This makes it possible to generate an accurate environmental map even when traveling at high speed where the elevation angle with the road surface is small, and to realize safe autonomous traveling).
Claim.9 Takao discloses further comprising: a travel control unit that controls the travel of the mobile device on the basis of the map created by the map creation unit (see at least fig.1-2, p22, the vehicle control unit 24 has a route generation unit 32 and a vehicle operation unit 34. The route generation unit 32 acquires the self position information evaluated in the self position evaluation unit 26 of the environment recognition / self position measurement unit 22 and the environmental map information generated by the environmental map generation unit 30, p23, the vehicle control unit 24 has a vehicle operation unit 34 that calculates a steering amount and a driving force necessary to travel the route generated by the route generation unit 32. The vehicle operation unit 34 controls corresponding actuators 6 a and 8 a to perform a steering operation and an accelerator operation according to the calculated steering amount and driving force. Here, the LRF data processing unit 28 of the environment recognition / self position measurement unit 22 determines the road surface state and the presence or absence of an obstacle from the distance measurement data detected by the LRF 10, and the environment map generation unit 30 determines on the environment map. The environmental map is generated by reflecting the determination result in the corresponding area).
Claim.10 Takao discloses an information processing method (see at least fig.1-2, p7, an environment map generation control device of a movable body, p24, the road surface condition and obstacle detection control and environment map generation control executed by the LRF data processing unit 28 and the environment map generation unit 30 of the environment recognition and self position measurement unit 22) comprising: a map creation step of creating a map on the basis of obstacle position information indicating a position of an obstacle site that obstructs travel by a mobile device (see at least fig.7-11, p10, in the environment map generation control system for a mobile object, determined to be an uphill or an obstacle, p41, when the measurement point evaluation result value A is the value 1 indicating the travel possible state, and the determination result of the above step S30 is true (Yes), the process proceeds to step S32. In step S32, the environmental map generation unit 30 determines whether the measurement visual field evaluation result value B received from the LRF data processing unit 28 is a value 1 indicating a flat area, p42, the environment map generation unit 30 determines whether the measurement visual field evaluation result value B is a value 2 indicating an uphill. If the determination result is false (No), that is, if the measurement visual field evaluation result value B is the value 3 indicating downhill or the value 4 indicating that there is an obstacle), and angle information indicating an angle at each travel position at which the mobile device travels of the mobile device, the map creation step executed by a computer (see at least fig.7-11, p5, the elevation angle of the road surface with respect to the optical axis of the laser decreases. If the elevation angle decreases in this way, the scan of the road surface may be missed if the moving body slightly swings, and it may be recognized as a non-travelable area because it cannot be measured even in a flat and travelable area, p31, the LRF data processing unit 28 generates the environment map based on the attitude angle of the unmanned vehicle 1 detected by the gyro sensor 4 with the distance measurement data at the measurement point measured by the LRF 10, p47, State and obstacles can be detected. This makes it possible to generate an accurate environmental map even when traveling at high speed where the elevation angle with the road surface is small, and to realize safe autonomous traveling).
Claim.11 Takao discloses an information processing program causing a computer to execute (see at least fig.1-2, p7, an environment map generation control device of a movable body, p24, the road surface condition and obstacle detection control and environment map generation control executed by the LRF data processing unit 28 and the environment map generation unit 30 of the environment recognition and self position measurement unit 22): a map creation step of creating a map on the basis of obstacle position information indicating a position of an obstacle site that obstructs travel by a mobile device (see at least fig.7-11, p10, in the environment map generation control system for a mobile object, determined to be an uphill or an obstacle, p41, when the measurement point evaluation result value A is the value 1 indicating the travel possible state, and the determination result of the above step S30 is true (Yes), the process proceeds to step S32. In step S32, the environmental map generation unit 30 determines whether the measurement visual field evaluation result value B received from the LRF data processing unit 28 is a value 1 indicating a flat area, p42, the environment map generation unit 30 determines whether the measurement visual field evaluation result value B is a value 2 indicating an uphill. If the determination result is false (No), that is, if the measurement visual field evaluation result value B is the value 3 indicating downhill or the value 4 indicating that there is an obstacle), and angle information indicating an angle at each travel position at which the mobile device travels of the mobile device (see at least fig.7-11, p5, the elevation angle of the road surface with respect to the optical axis of the laser decreases. If the elevation angle decreases in this way, the scan of the road surface may be missed if the moving body slightly swings, and it may be recognized as a non-travelable area because it cannot be measured even in a flat and travelable area, p31, the LRF data processing unit 28 generates the environment map based on the attitude angle of the unmanned vehicle 1 detected by the gyro sensor 4 with the distance measurement data at the measurement point measured by the LRF 10, p47, State and obstacles can be detected. This makes it possible to generate an accurate environmental map even when traveling at high speed where the elevation angle with the road surface is small, and to realize safe autonomous traveling).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARDUL D PATEL whose telephone number is (571)270-7758. The examiner can normally be reached Monday-Friday 8am-5pm (IFP).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KITO ROBINSON can be reached at (571)270-3921. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHARDUL D PATEL/Primary Examiner, Art Unit 3664
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