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 .
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.
Claim(s) 1, 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abbeloos et al. (EP 4235214) in view of Elogeel et al. (U.S. PGPUB 2023/0230361).
Regarding claims 1-3, Abbeloos et al. disclose (Figs.) a data processing algorithm evaluation device comprising: a data storage unit (inherently point cloud data is stored) configured to store optical ranging data (LIDAR point cloud data; Fig. 7, clear input) detected from a vehicle; a data generating unit configured to acquire and interpret target data (“Target”; Fig. 7, objects), upon receiving an input of disturbance information representing disturbance (e.g. snow particles) for the target data, from the optical ranging data stored in the data storage unit, and to generate composite data (“snowy LIDAR data”; Fig. 7, augmented output) in which the target data is reflected with the disturbance by editing the target data based on the interpretation. Abbeloos et al. also disclose (Figs. 3A-3B; Equations 8-10) a distance of an object (Rj), calculating a strength of disturbance (power of snow) having been affected by the distanced based on the acquired distance to generate the composite data; a distance and intensity to the object, and (Fig. 3A) the optical ranging data is a 2D data as claimed. Abbeloos et al. further disclose (Fig. 8B, 8C) comparing detection results, but Abbeloos et al. do not specifically disclose a data processing unit configured to evaluate performance of a data processing algorithm for determining situation of the vehicle, based on the generated composite data. Elogeel et al. teach (Fig. 2) in a AV system, a data processing unit (inherent to process the steps) configured to evaluate performance (250; [0038]-[0039] test the model) of a data processing algorithm for determining situation of a vehicle ([0039] driving data) based on a dataset. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide performance evaluation in the apparatus of Abbeloos et al. in view of Elogeel et al. to gauge the effectiveness of the data for further feedback to enhance training or operation of the device as taught, known and predictable.
Allowable Subject Matter
Claims 5-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/THANH LUU/Primary Examiner, Art Unit 2878
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