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
Pending
11-29
Cancelled
1-10
35 U.S.C. 101
11-29
35 U.S.C. 102
11-29
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d), regarding Application No. DE 10 2022112745.1, filed on 05/20/2022. Applicant’s indication of National Stage information based on PCT/EP2023/061108 filed 04/27/2023 is acknowledged.
Information Disclosure Statement
The information disclosure statement(s) (IDS(s)) submitted on 10/31/2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
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 11-29 are rejected under 35 U.S.C 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 11 is rejected under 35 U.S.C 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites:
“A method for identifying a malfunction in a surroundings model used by an automated driving function of a motor vehicle, the method comprising:
determining at least one of a first variance between a target trajectory determined by the surroundings model and an actual trajectory taken by the motor vehicle and a second variance between a road profile determined by the surroundings model and a road profile determined by a camera software; and
identifying the malfunction based on at least one of the first variance and the second variance.”
These limitations, as drafted, are simple processes that, under their broadest reasonable interpretation, cover performance of the mind, but for the recitation of “used by an automated driving function of a motor vehicle; by a camera software.” That is, other than reciting the italicized limitations above, nothing in the claim elements preclude the steps from being performed in the mind.
For example, a human can, in their mind, perform a method for identifying a malfunction in a surroundings model, the method comprising: determining at least one of a first variance between a target trajectory determined by the surroundings model and an actual trajectory taken by the motor vehicle and a second variance between a road profile determined by the surroundings model and a road profile determined; and identifying the malfunction based on at least one of the first variance and the second variance.
This judicial exception is not integrated into a practical application. The claim recites the additional elements underlined and italicized above. The an automated driving function, a motor vehicle, and a camera software is/are recited at a high level of generality and merely link(s) the use of the abstract idea to a particular technological environment (see MPEP 2106.05(h)). Accordingly, even in combination, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional element of an automated driving function, a motor vehicle, and a camera software is/are no more than mere generic linking of the abstract idea to a technological environment, which cannot provide an inventive concept. Thus, the limitations do not provide an inventive concept, and the claim contains ineligible subject matter.
Claim(s) 13-14, 18-21, 28-29 recite(s) limitations that are no more that the abstract idea recited in claim(s) 1. The claim(s) recite(s) determining steps, determination of variances, carry out the method steps which can reasonably be performed in the human mind. The claim(s) recite(s) the camera software, in the motor vehicle during a journey or by a data processing device external to the motor vehicle after the journey, a device for data processing, a non-transitory computer-readable medium comprising commands, and a computer at a high level of generality to generically link the use of the abstract idea in a particular technological environment. Thus, the claim(s) contain(s) ineligible subject matter.
Claim(s) 12, 15-17, 24-27 recite(s) limitations that are no more that the abstract idea recited in claim(s) 1. The claim(s) recite(s) determining steps, establishing steps, identifying steps, and defining when a malfunction is identified steps which can reasonably be performed in the human mind. Thus, the claim(s) contain(s) ineligible subject matter.
Claim(s) 22 and 23 recite(s) limitations that are no more that the abstract idea recited in claim(s) 1. The claim(s) recite(s) storing data and sending data steps which is/are mere data gathering, manipulation, and transmission, and is/are a well-understood, routine, and conventional function, and thus is/are no more than insignificant extra-solution activity. See MPEP 2106.05(g). Thus, the claim(s) contain(s) ineligible subject matter.
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 11-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song et al. (US 2020/0372263 A1, “Song”).
Regarding claim 11: Song teaches: A method for identifying a malfunction in a surroundings model used by an automated driving function of a motor vehicle, the method comprising ([0001]-[0003] vehicle employing an autonomous control system; first/second lateral offset; error in the map database; method; see also [0034]-[0036]):
determining at least one of a first variance between a target trajectory determined by the surroundings model and an actual trajectory taken by the motor vehicle and a second variance between a road profile determined by the surroundings model and a road profile determined by a camera software ([0034] map-based trajectory line 260, expected road parameters; [0035] first lateral offset is defined and determined based upon a lateral difference between the vehicle 10 and one of the lane reference markers 205 that has been detected by the object-locating sensors 66 that are capable of forward-monitoring; second lateral offset is defined and determined based upon a lateral difference between the vehicle position defined by the GPS sensor 50 and the GPS position associated with the map-based trajectory point 265; Fig. 2; [0027] cameras); and
identifying the malfunction based on at least one of the first variance and the second variance ([0002] variance in the periodically determined differences between the second lateral offset and the first lateral offset is determined, and an error in the map database is determined when the variance is greater than a threshold variance; [0040]).
Regarding claim 12: Song further teaches: The method according to claim 11, wherein the determining of the first variance between the target trajectory determined by the surroundings model and the actual trajectory taken by the motor vehicle comprises ([0034]-[0035]; Fig. 2):
determining, by the surroundings model, at least one of a position and a curvature of a center line of a roadway as the target trajectory ([0033]-[0038] map-based trajectory line 260, lane reference markers 205; Fig. 2; [0002] variance); and
determining the first variance based on a variance between the position or the curvature of the center line and a position or a curvature of the actual trajectory ([0033]-[0038] map-based trajectory line 260, lane reference markers 205; Fig. 2; [0002] variance).
Regarding claim 13: Song further teaches: The method according to claim 11, wherein the determining of the second variance between the road profile determined by the surroundings model and the road profile determined by the camera software comprises ([0034]-[0035]; Fig. 2):
determining, by the surroundings model, at least one of a position and a curvature of a road marking or a center line of a roadway as the road profile ([0034] A map-based trajectory line 260, map-based trajectory points 265 have GPS position, expected road parameters at the associated GPS position, such as lateral curvature, crown, longitudinal slope);
determining, by the camera software, at least one of a position and a curvature of the road marking or a center line of the roadway as the road profile ([0033] lane reference markers 205, define ground truth for the portion of the roadway system; object-locating sensors capable of forward-monitoring; [0034] road parameters, curvature); and
determining the second variance based on a variance between the position or the curvature of the road marking or the center line that has been determined by the surroundings model and the position or the curvature of the road marking or the center line that has been determined by the camera software ([0036] lane reference markers 205, A first lateral offset is determined based upon a lateral difference between the vehicle 10 and one of the lane reference markers 205 that has been detected by the object-locating sensors 66 that are capable of forward-monitoring; Fig. 2).
Regarding claim 14: Song further teaches: The method according to claim 12, wherein the determining of the second variance between the road profile determined by the surroundings model and the road profile determined by the camera software comprises ([0034]-[0035]; Fig. 2):
determining, by the surroundings model, at least one of a position and a curvature of a road marking or a center line of a roadway as the road profile ([0034] A map-based trajectory line 260, map-based trajectory points 265 have GPS position, expected road parameters at the associated GPS position, such as lateral curvature, crown, longitudinal slope);
determining, by the camera software, at least one of a position and a curvature of the road marking or a center line of the roadway as the road profile ([0033] lane reference markers 205, define ground truth for the portion of the roadway system; object-locating sensors capable of forward-monitoring; [0034] road parameters, curvature); and
determining the second variance based on a variance between the position or the curvature of the road marking or the center line that has been determined by the surroundings model and the position or the curvature of the road marking or the center line that has been determined by the camera software ([0036] lane reference markers 205, A first lateral offset is determined based upon a lateral difference between the vehicle 10 and one of the lane reference markers 205 that has been detected by the object-locating sensors 66 that are capable of forward-monitoring; Fig. 2).
Regarding claim 15: Song further teaches: The method according to claim 11, the method further comprising: establishing that a predetermined environmental situation exists; and identifying that there is no malfunction in spite of the second variance ([0028] performance of each sensor is affected by differing environmental conditions; sensors present parametric variations during operation; [0002]; [0040] determining difference between the first and second lateral offsets and variance in differences; error in map database when variance is greater than threshold; [0043] enable criteria; confidence levels; estimating (2D) position error from the GPS, determining that it is less than a threshold error; absence of faults of vehicle operating systems or communications).
Regarding claim 16: Song further teaches: The method according to claim 12, the method further comprising: establishing that a predetermined environmental situation exists; and identifying that there is no malfunction in spite of the second variance ([0028] performance of each sensor is affected by differing environmental conditions; sensors present parametric variations during operation; [0002]; [0040] determining difference between the first and second lateral offsets and variance in differences; error in map database when variance is greater than threshold; [0043] enable criteria; confidence levels; estimating (2D) position error from the GPS, determining that it is less than a threshold error; absence of faults of vehicle operating systems or communications).
Regarding claim 17: Song further teaches: The method according to claim 13, the method further comprising: establishing that a predetermined environmental situation exists; and identifying that there is no malfunction in spite of the second variance ([0028] performance of each sensor is affected by differing environmental conditions; sensors present parametric variations during operation; [0002]; [0040] determining difference between the first and second lateral offsets and variance in differences; error in map database when variance is greater than threshold; [0043] enable criteria; confidence levels; estimating (2D) position error from the GPS, determining that it is less than a threshold error; absence of faults of vehicle operating systems or communications).
Regarding claim 18: Song further teaches: The method according to claim 11, wherein the determination of at least one of the first variance and the second variance is carried out in the motor vehicle during a journey or by a data processing device external to the motor vehicle after the journey ([0026] wireless extra-vehicle communications. vehicle-to-everything (V2x), communication with: an infrastructure monitor, off-board controller, satellite. [0032] processes that are executed in real-time. [0043] captures data associated with the second lateral offset and the first lateral offset. assessing real-time data).
Regarding claim 19: Song further teaches: The method according to claim 12, wherein the determination of at least one of the first variance and the second variance is carried out in the motor vehicle during a journey or by a data processing device external to the motor vehicle after the journey ([0026] wireless extra-vehicle communications. vehicle-to-everything (V2x), communication with: an infrastructure monitor, off-board controller, satellite. [0032] processes that are executed in real-time. [0043] captures data associated with the second lateral offset and the first lateral offset. assessing real-time data).
Regarding claim 20: Song further teaches: The method according to claim 13, wherein the determination of at least one of the first variance and the second variance is carried out in the motor vehicle during a journey or by a data processing device external to the motor vehicle after the journey ([0026] wireless extra-vehicle communications. vehicle-to-everything (V2x), communication with: an infrastructure monitor, off-board controller, satellite. [0032] processes that are executed in real-time. [0043] captures data associated with the second lateral offset and the first lateral offset. assessing real-time data).
Regarding claim 21: Song further teaches: The method according to claim 15, wherein the determination of at least one of the first variance and the second variance is carried out in the motor vehicle during a journey or by a data processing device external to the motor vehicle after the journey ([0026] wireless extra-vehicle communications. vehicle-to-everything (V2x), communication with: an infrastructure monitor, off-board controller, satellite. [0032] processes that are executed in real-time. [0043] captures data associated with the second lateral offset and the first lateral offset. assessing real-time data).
Regarding claim 22: Song further teaches: The method according to claim 18, wherein data used by the automated driving function is stored in a ring memory when the first variance or the second variance is determined during the journey ([0005] capturing, in a buffer of the controller, each of the periodically determined differences between the second lateral offset and the first lateral offset, and determining the variance of the periodically determined differences between the second lateral offset and the first lateral offset that are captured in the buffer of the controller; [0006] buffer of the controller being a first-in, first-out (FIFO) buffer).
Regarding claim 23: Song further teaches: The method according to claim 22, wherein the data stored in the ring memory is sent from the motor vehicle to the data processing device external to the motor vehicle when the malfunction is identified based on the first variance or the second variance ([0005] buffer of the controller, differences between the second and first lateral offsets, determining the variance; [0006] FIFO buffer; [0026] (V2x) communication with an infrastructure monitor, off-board controller; [0032] processes executed in real-time; [0043] captures data associated with the second lateral offset and the first lateral offset; assessing real-time data; [0002] error in the map database is determined when the variance is greater than a threshold variance; alerted to the detected error).
Regarding claim 24: Song further teaches: The method according to claim 11, wherein the malfunction is identified when the first variance or the second variance exceeds a respective predetermined limit value ([0040] variance in the periodically determined differences between the first lateral offset and the second lateral offset is determined, and an error in the map database is detected when the variance is greater than a threshold variance).
Regarding claim 25: Song further teaches: The method according to claim 12, wherein the malfunction is identified when the first variance or the second variance exceeds a respective predetermined limit value ([0040] variance in the periodically determined differences between the first lateral offset and the second lateral offset is determined, and an error in the map database is detected when the variance is greater than a threshold variance).
Regarding claim 26: Song further teaches: The method according to claim 13, wherein the malfunction is identified when the first variance or the second variance exceeds a respective predetermined limit value ([0040] variance in the periodically determined differences between the first lateral offset and the second lateral offset is determined, and an error in the map database is detected when the variance is greater than a threshold variance).
Regarding claim 27: Song further teaches: The method according to claim 15, wherein the malfunction is identified when the first variance or the second variance exceeds a respective predetermined limit value ([0040] variance in the periodically determined differences between the first lateral offset and the second lateral offset is determined, and an error in the map database is detected when the variance is greater than a threshold variance).
Regarding claim 28: Song further teaches: A device for data processing, wherein the device is configured to carry out the method according to claim 11 ([0025] controller, processor, non-transitory memory component(s) storing instructions in software accessed by processors to provide functionality; [0002] method).
Regarding claim 29: Song further teaches: A non-transitory computer-readable medium comprising commands that, when executed by a computer, cause the computer to carry out the method according to claim 11 ([0025] controller, processor, electronic circuit(s), CPUs, non-transitory memory component(s) in the form of memory and storage devices, capable of storing machine readable instructions in software or firmware programs accessed by processors to provide functionality; [0002] method).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON B EMMETT whose telephone number is (303)297-4231. The examiner can normally be reached Monday - Friday 9:00 - 5:00 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tommy Worden can be reached at (571)272-4876. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MADISON B EMMETT/Examiner, Art Unit 3658
/JASON HOLLOWAY/Primary Examiner, Art Unit 3658