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 .
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.
Claim Status
This action is in response to applicant’s filing on 9/16/2024. Claims 1-15 are pending and considered below.
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 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without integrating the judicial exception into a practical application and without an additional element which amounts to significantly more than the judicial exception.
Regarding claims 1-9, step 1 analysis, the subject matter of claims 1-9 is included in the four patent-eligible subject matter categories (e.g., process, machine, manufacture or composition of matter). Claims 1-9 are directed to an apparatus (at least one processor and at least one memory).
Claims 1-9 are directed to a judicial exception. The claim limitations recite a revised step 2A, prong one, abstract idea (mathematical concept). Claims 1-9 are directed to an apparatus for selecting a transformation matrix associated with a first worksite model based on a first position of a mining vehicle; and performing, based on the selected transformation matrix, a coordinate transformation from input coordinates indicative of a second position of the mining vehicle in the first worksite model to transformed coordinates of a second worksite model.
Claims 1-9 include the revised step 2A, prong two, additional elements of detecting a first position of a mining vehicle; receiving information on a plurality of transformation matrices; and providing the transformed coordinates to represent the second position of the mining vehicle. Detecting a first position of a mining vehicle; and receiving information on a plurality of transformation matrices is data gathering, which is a form of insignificant extra-solution activity. Providing the transformed coordinates to represent the second position of the mining vehicle is insignificant post-solution activity. Claims 1-9 do not recite revised step 2A, prong two, additional elements that integrate the abstract idea into a practical application. Claims 1-9 generally link the use of the abstract idea to a particular technological environment or field of use (mining vehicles).
Claims 1-9 include the step 2B additional elements of at least one processor and at least one memory. Applicant’s specification does not provide any indication that the processors and memory are anything other than conventional processors and memory within a generic computing device. Receiving input, performing calculations, and producing output are well-understood, routine and conventional functions when claimed using generic processors and memory. Processors and memory are widely prevalent and in common use in mining vehicles. Processors and memory are not significantly more than the judicial exception since they are well-understood, routine and conventional features previously known to the mining vehicle industry. Therefore, claims 1-9 are rejected under 35 U.S.C. 101.
Regarding claims 10-14, step 1 analysis, the subject matter of claims 10-14 is included in the four patent-eligible subject matter categories. Claims 10-14 are directed to a method.
Claims 10-14 are directed to a judicial exception. The claim limitations recite a revised step 2A, prong one, abstract idea (mathematical concept). Claims 10-14 are directed to a method for selecting a transformation matrix associated with a first worksite model based on a first position of a mining vehicle; and performing, based on the selected transformation matrix, a coordinate transformation from input coordinates indicative of a second position of the mining vehicle in the first worksite model to transformed coordinates of a second worksite model.
Claims 10-14 include the revised step 2A, prong two, additional elements of detecting a first position of a mining vehicle; receiving information on a plurality of transformation matrices; and providing the transformed coordinates to represent the second position of the mining vehicle. Detecting a first position of a mining vehicle; and receiving information on a plurality of transformation matrices is data gathering, which is a form of insignificant extra-solution activity. Providing the transformed coordinates to represent the second position of the mining vehicle is insignificant post-solution activity. Claims 10-14 do not recite revised step 2A, prong two, additional elements that integrate the abstract idea into a practical application. Claims 10-14 generally link the use of the abstract idea to a particular technological environment or field of use (mining vehicles).
Claims 10-14 do not include any step 2B additional elements. Therefore, claims 10-14 are rejected under 35 U.S.C. 101.
Regarding claim 15, step 1 analysis, the subject matter of claim 15 is included in the four patent-eligible subject matter categories. Claim 15 is directed to a device (a non-transitory computer-readable medium).
Claim 15 is directed to a judicial exception. The claim limitations recite a revised step 2A, prong one, abstract idea (mathematical concept). Claim 15 is directed to a device for selecting a transformation matrix associated with a first worksite model based on a first position of a mining vehicle; and performing, based on the selected transformation matrix, a coordinate transformation from input coordinates indicative of a second position of the mining vehicle in the first worksite model to transformed coordinates of a second worksite model.
Claim 15 includes the revised step 2A, prong two, additional elements of detecting a first position of a mining vehicle; receiving information on a plurality of transformation matrices; and providing the transformed coordinates to represent the second position of the mining vehicle. Detecting a first position of a mining vehicle; and receiving information on a plurality of transformation matrices is data gathering, which is a form of insignificant extra-solution activity. Providing the transformed coordinates to represent the second position of the mining vehicle is insignificant post-solution activity. Claim 15 does not recite revised step 2A, prong two, additional elements that integrate the abstract idea into a practical application. Claim 15 generally links the use of the abstract idea to a particular technological environment or field of use (mining vehicles).
Claim 15 includes the step 2B additional element of a non-transitory computer-readable medium. Applicant’s specification does not provide any indication that the medium is anything other than a conventional medium within a generic computing device. Receiving input, performing calculations, and producing output are well-understood, routine and conventional functions when claimed using a generic medium. Media are widely prevalent and in common use in mining vehicles. Media are not significantly more than the judicial exception since they are well-understood, routine and conventional features previously known to the mining vehicle industry. Therefore, claim 15 is rejected under 35 U.S.C. 101.
Examiner suggests amending the independent claims to positively recite a vehicle control function in order to provide a revised step 2A, prong two, additional element that integrates the abstract idea into a practical application. For instance, the independent claims could be amended to include “maneuvering the mining vehicle based on the second worksite model”.
See, the 2019 Revised Patent Subject Matter Eligibility Guidance, which is available on the USPTO Website.
Claim Rejections - 35 USC § 103
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 1-3, 5, 7-12 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Sakai et al. (US-2017/0220042-A1, hereinafter Sakai) in view of Magnusson et al. (Scan Registration for Autonomous Mining Vehicles Using 3D-NDT, Journal of Field Robotics, 24(10), 2007, pp. 803-827, hereinafter Magnusson).
Regarding claim 1, Sakai discloses:
An apparatus for mining vehicle positioning comprising at least one processor and at least one memory including computer program code, the at least one memory and the computer program code being configured to, with the at least one processor, cause the apparatus at least to: (paragraphs [0037] and [0066]; and FIG. 1, dump trucks-2, management device-10, display device-16, input device-17, and travel route-RP); and
detect a first position of a mining vehicle with reference to a first worksite model (paragraphs [0066], [0106] and [0120-0122]; and FIG. 3, travel controller-20, GPS receiver-31, position measurement controller-33, matching navigation calculation unit-33B, grid map creation unit-33C, map storage database-36, and observation point coordinate conversion unit-38).
Sakai does not disclose a plurality of transformation matrices associated with a first worksite model. However, Magnusson discloses scan registration for building three-dimensional maps that can be used for autonomous operation of drill rigs and other mining vehicles, including the following features:
receive information on a plurality of transformation matrices associated with the first worksite model (3. 3D-NDT; 4. ALTERNATIVE METHODS IMPLEMENTED; and FIG. 5, Matching two 2D scans of a tunnel section);
select a transformation matrix associated with the first worksite model based on the first position of the mining vehicle (3. 3D-NDT; and 4. ALTERNATIVE METHODS IMPLEMENTED);
perform, based on the selected transformation matrix, a coordinate transformation from input coordinates indicative of a second position of the mining vehicle in the first worksite model to transformed coordinates of a second worksite model (3. 3D-NDT; and 4. ALTERNATIVE METHODS IMPLEMENTED); and
provide the transformed coordinates to represent the second position of the mining vehicle for performing mining automation control based on the second worksite model (1. INTRODUCTION).
Magnusson teaches that scan registration can produce maps for autonomous operation of drill rigs and other mining vehicles (1. INTRODUCTION). It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to incorporate the scan registration of Magnusson into the matching navigation position calculation system for unmanned mining vehicles of Sakai. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the purpose of building mine maps based on vehicle sensor data. A person of ordinary skill would know that the various maps produced by vehicle sensors must be registered to a common coordinate system to provide useful navigation information.
Regarding claim 2, Sakai further discloses:
wherein the mining vehicle is an autonomously driving vehicle and the second position is provided to control and/or monitor autonomous driving of the mining vehicle (paragraphs [0057-0058] and [0120-0122]; and FIG. 6, laser sensor-24B, gyro sensor-26, speed sensor-27, map storage database-36, and PF particle filter-PF).
Regarding claim 3, Sakai further discloses:
wherein the worksite models are underground tunnel models and the mining vehicle is configured to determine its position based on matching scanned tunnel profile data to a reference tunnel profile indicated by the first worksite model or the second worksite model (paragraphs [0037] and [0122-0124]).
Regarding claim 5, Sakai does not disclose a plurality of transformation matrices associated with a first worksite model. However, Magnusson further discloses:
wherein each of the plurality of transformation matrices is associated with a reference position or a reference worksite portion of the first worksite model, and the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to determine, to select the transformation matrix, which of the plurality of transformation matrices is associated with a reference position closest to the first position of the mining vehicle or which of the plurality of transformation matrices is associated with a reference worksite portion or area in which the first position of the mining vehicle belongs to (2. EXISTING SCAN REGISTRATION ALGORITHMS).
Magnusson teaches that scan registration can produce maps for autonomous operation of drill rigs and other mining vehicles (1. INTRODUCTION). It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to incorporate the scan registration of Magnusson into the matching navigation position calculation system for unmanned mining vehicles of Sakai. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the purpose of building mine maps based on vehicle sensor data. A person of ordinary skill would know that the various maps produced by vehicle sensors must be registered to a common coordinate system to provide useful navigation information.
Regarding claim 7, Sakai does not disclose a plurality of transformation matrices associated with a first worksite model. However, Magnusson further discloses:
wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to generate a transformation matrix included in the plurality of transformation matrices by: (3. 3D-NDT; and 4. ALTERNATIVE METHODS IMPLEMENTED);
receiving or selecting a first worksite model portion of the first worksite model, associated with a reference position or area of the first worksite model (3. 3D-NDT; and 4. ALTERNATIVE METHODS IMPLEMENTED);
processing the first worksite model portion and the second worksite model to perform a worksite model portion matching operation to detect a second worksite model portion of the second worksite model best fitting to the first worksite model portion (3. 3D-NDT; and 4. ALTERNATIVE METHODS IMPLEMENTED);
processing coordinate values of the first worksite model portion and associated coordinate values of the second worksite model portion to determine a transformation matrix to convert coordinate values of the first worksite model portion to coordinate values of the second worksite model portion (3. 3D-NDT; and 4. ALTERNATIVE METHODS IMPLEMENTED); and
associating the transformation matrix with the reference position, portion, or area of the first worksite model (3. 3D-NDT; and 4. ALTERNATIVE METHODS IMPLEMENTED).
Magnusson teaches that scan registration can produce maps for autonomous operation of drill rigs and other mining vehicles (1. INTRODUCTION). It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to incorporate the scan registration of Magnusson into the matching navigation position calculation system for unmanned mining vehicles of Sakai. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the purpose of building mine maps based on vehicle sensor data. A person of ordinary skill would know that the various maps produced by vehicle sensors must be registered to a common coordinate system to provide useful navigation information.
Regarding claim 8, Sakai further discloses:
wherein the apparatus is or is included in the mining vehicle configured to receive the input coordinates from a control device of a mining automation system, wherein the mining vehicle is further configured to: (paragraphs [0037], [0066] and [0106]);
apply the transformed coordinates to control autonomous driving of the mining vehicle based on the second worksite model (paragraphs [0037], [0066] and [0106]); and
define the input coordinates based on positioning the mining vehicle in the first worksite model during driving of the mining vehicle and to transmit the transformed coordinates to the control device (paragraphs [0037], [0066] and [0106]).
Regarding claim 9, Sakai further discloses:
wherein the apparatus is or is included in a control device of a mining automation system configured to control autonomous driving of a fleet of mining vehicles, the fleet comprising the mining vehicle, wherein the control device is further configured to: (paragraphs [0037], [0066] and [0106]);
transmit the transformed coordinates to the mining vehicle and/or receive the input coordinates from the mining vehicle (paragraphs [0044], [0080] and [0107]); and
generate, based on the transformed coordinates, a graphical user interface view illustrating position of the mining vehicle in the second worksite model (paragraphs [0044], [0080] and [0107]).
Regarding claim 10, Sakai further discloses:
A method for mining vehicle positioning, the method comprising: (paragraphs [0037] and [0066]; and FIG. 1, dump trucks-2, management device-10, display device-16, input device-17, and travel route-RP); and
detecting a first position of a mining vehicle with reference to a first worksite model (paragraphs [0066], [0106] and [0120-0122]; and FIG. 3, travel controller-20, GPS receiver-31, position measurement controller-33, matching navigation calculation unit-33B, grid map creation unit-33C, map storage database-36, and observation point coordinate conversion unit-38).
Sakai does not disclose a plurality of transformation matrices associated with a first worksite model. However, Magnusson further discloses:
receiving information on a plurality of transformation matrices associated with the first worksite model (3. 3D-NDT; 4. ALTERNATIVE METHODS IMPLEMENTED; and FIG. 5, Matching two 2D scans of a tunnel section);
selecting a transformation matrix associated with the first worksite model based on the first position of the mining vehicle (3. 3D-NDT; and 4. ALTERNATIVE METHODS IMPLEMENTED);
performing, based on the selected transformation matrix, a coordinate transformation from input coordinates indicative of a second position of the mining vehicle in the first worksite model to transformed coordinates of a second worksite model (3. 3D-NDT; and 4. ALTERNATIVE METHODS IMPLEMENTED); and
providing the transformed coordinates to represent the second position of the mining vehicle for performing mining automation control based on the second worksite model (1. INTRODUCTION).
Magnusson teaches that scan registration can produce maps for autonomous operation of drill rigs and other mining vehicles (1. INTRODUCTION). It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to incorporate the scan registration of Magnusson into the matching navigation position calculation system for unmanned mining vehicles of Sakai. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the purpose of building mine maps based on vehicle sensor data. A person of ordinary skill would know that the various maps produced by vehicle sensors must be registered to a common coordinate system to provide useful navigation information.
Regarding claim 11, Sakai further discloses:
wherein the mining vehicle is an autonomously driving vehicle (paragraphs [0057-0058] and [0120-0122]; and FIG. 6, laser sensor-24B, gyro sensor-26, speed sensor-27, map storage database-36, and PF particle filter-PF);
the worksite models are underground tunnel models, the mining vehicle determines its position based on matching scanned tunnel profile data to a reference tunnel profile indicated by the first worksite model or the second worksite model (paragraphs [0037] and [0122-0124]); and
the second position is provided to control and/or monitor autonomous driving of the mining vehicle (paragraphs [0057-0058] and [0120-0122]).
Regarding claim 12, Sakai does not disclose a plurality of transformation matrices associated with a first worksite model. However, Magnusson further discloses:
wherein each of the plurality of transformation matrices is associated with a reference position or a reference worksite portion of the first worksite model, and the method further comprises determining, to select the transformation matrix, which of the plurality of transformation matrices is associated with a reference position closest to the first position of the mining vehicle or which of the plurality of transformation matrices is associated with a reference worksite portion or area in which the first position of the mining vehicle belongs to (2. EXISTING SCAN REGISTRATION ALGORITHMS).
Magnusson teaches that scan registration can produce maps for autonomous operation of drill rigs and other mining vehicles (1. INTRODUCTION). It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to incorporate the scan registration of Magnusson into the matching navigation position calculation system for unmanned mining vehicles of Sakai. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the purpose of building mine maps based on vehicle sensor data. A person of ordinary skill would know that the various maps produced by vehicle sensors must be registered to a common coordinate system to provide useful navigation information.
Regarding claim 14, Sakai further discloses:
wherein the mining vehicle receives the input coordinates from a control device of a mining automation system (paragraphs [0037], [0066] and [0106]);
applies the transformed coordinates to control autonomous driving of the mining vehicle based on the second worksite model (paragraphs [0037], [0066] and [0106]); and
defines the input coordinates based on positioning the mining vehicle in the first worksite model during driving of the mining vehicle and to transmit the transformed coordinates to the control device (paragraphs [0037], [0066] and [0106]).
Regarding claim 15, Sakai further discloses:
A non-transitory computer-readable medium comprising a computer program comprising code that, when executed in a data processing apparatus, causes a method of claim 10 to be performed (paragraphs [0037] and [0066]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shashua et al. (US-2020/0064844-A1) discloses a system for constructing, using, and updating a sparse map for autonomous vehicle navigation. A processor initiates identification of a landmark based on images from multiple vehicles, fuses the landmark with an existing map to produce an updated map, and distributes the updated map to a plurality of vehicles for use in autonomous operation (Abstract).
Demir et al. (U.S. Patent Number 11,506,502) discloses a system for robust vehicle localization which includes a scan accumulator, a scan matcher, a transform maintainer, and a location fuser (Abstract). The system receives sensor data from sensors mounted on the vehicle; generates a sensor scan point cloud; receives map tile point cloud data from a map tile server; and determines a match based on the sensor scan point cloud and the map tile point cloud data (col. 11, lines 14-42).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMARA L WEBER whose telephone number is (303)297-4249. The examiner can normally be reached 8:30-5:00 MTN.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faris Almatrahi can be reached at 3134464821. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
TAMARA L. WEBER
Examiner
Art Unit 3667
/TAMARA L WEBER/ Examiner, Art Unit 3667