DETAILED ACTION
This non-final Action is in reply to the Application filed 11 December 2024.
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 .
Priority
Claims 1-20 are pending having a filing date of 11 December 2024, amended via a preliminary amendment, dated 11 December 2024, and claiming a domestic benefit / national stage entry from PCT/CN2023/108624, filed 21 July 2023, and claiming foreign priority to Chinese Patent Application Number CN 202210908256.7, filed 29 July 2022.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted 11 December 2024 and 19 August 2025 comply with 35 C.F.R. 1.97. Accordingly, the IDSs have been considered by the examiner. Initialed copies of the 1449 Forms are enclosed herewith.
Drawings
The drawings, filed 11 December 2024, are accepted by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) are:
“an acquisition unit configured to perform extended mapping ... “ <see specification at [0010] disclosing that when performing extended mapping, the robot may scan the working scene through a LiDAR technology, and at [0029] disclosing that disclosing that the apparatus for updating a virtual wall may be an electronic device or a component applied to an electronic device> (claim 16);
“a detection unit configured to, ... , detect the legitimacy” <see specification at [0088] disclosing that a processor or a controller which may be, for example, a central processing unit, a general-purpose processor, a digital signal processor, an application- specific integrated circuit, a field programmable gate array or another programmable logic device, a transistor logic device, a hardware component, or any combination thereof > (claim 16); and
“a processing unit configured to,... , update the M virtual walls” <see specification at [0007] disclosing an electronic device, including a memory, a processor, and computer-readable instructions stored in the memory and executable on the processor and [0088]> (claim 16).
Because this/these claim limitation(s) are being interpreted under 35 U.S.C. 112(f) they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The “acquisition unit” is interpreted as “a LiDar technology”, [0029] or “an electronic device or a component applied to an electric device”, [0010]. The detection unit is interpreted as “a processor”, [0088]. The processing unit is interpreted as “a controller” [0088].
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f).
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
In January, 2019 (updated October 2019), the USPTO released new examination guidelines setting forth a two-step inquiry for determining whether a claim is directed to non-statutory subject matter. According to the guidelines, a claim is directed to non-statutory subject matter if:
• STEP 1: the claim does not fall within one of the four statutory categories of invention (process, machine, manufacture or composition of matter), or
• STEP 2: the claim recites a judicial exception, e.g. an abstract idea, without reciting additional elements that amount to significantly more than the judicial exception, as determined using the following analysis:
o STEP 2A (PRONG 1): Do the claims recite an abstract idea, law of nature, or natural phenomenon?
o STEP 2A (PRONG 2): Do the claims recite additional elements that integrate the judicial exception into a practical application?
o STEP 2B: Do the claims recite additional elements that amount to significantly more than the judicial exception?
Using the two-step inquiry, it is clear that claims 1 and 16 are directed toward non-statutory subject matter as shown below.
STEP 1: Do claims 1 and 16 fall within one of the statutory categories? Yes, because claim 1 is directed toward a method and claim 16 is directed toward an apparatus, both of which fall within one of the statutory categories.
STEP 2A (PRONG 1): Are the claims directed to a law of nature, a natural phenomenon or an abstract idea? Yes, claims 1 and 16 are directed to abstract ideas.
With regard to STEP 2A (PRONG 1), the guidelines provide three groupings of subject matter that are considered abstract ideas:
1. Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations;
2. Certain methods of organizing human activity – fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions); and
3. Mental processes – concepts that are practicably performed in the human mind (including an observation, evaluation, judgment, opinion).
As per claims 1 and 16, the method (claim 1) and apparatus (claim 16) are a mental processes that can be performed in the mind and, therefore, an abstract idea. In particular, claims 1 and 16 recite the abstract ideas:
“performing extended mapping on an original map to obtain and extended map … ,” and
“detecting legitimacy of each virtual wall among the M virtual was in the extended map … .” These recitations merely consist of performing extended mapping of an original map (modifying a map), and detecting legitimacy of each virtual wall in the extended map (observing barriers to motion). This is equivalent to a person performing extended mapping of an original map (modifying a map), and detecting legitimacy of each virtual wall in the extended map (observing barriers to motion). The Examiner notes that under MPEP 2106.04(a)(2)(III), the courts consider a mental process (thinking) that "can be performed in the human mind, or by a human using a pen and paper" to be an abstract idea. CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). As the Federal Circuit explained, "methods which can be performed mentally, or which are the equivalent of human mental work, are unpatentable abstract ideas the ‘basic tools of scientific and technological work’ that are open to all.’" 654 F.3d at 1371, 99 USPQ2d at 1694 (citing Gottschalk v. Benson, 409 U.S. 63, 175 USPQ 673 (1972)). See also Mayo Collaborative Servs. v. Prometheus Labs. Inc., 566 U.S. 66, 71, 101 USPQ2d 1961, 1965 ("‘[M]ental processes[] and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work’" (quoting Benson, 409 U.S. at 67, 175 USPQ at 675)); Parker v. Flook, 437 U.S. 584, 589, 198 USPQ 193, 197 (1978) (same). As such, a person, performs extended mapping of an original map (modifies a map), and detects legitimacy of each virtual wall in the extended map (observes barriers to motion). The mere nominal recitations that the performing is accomplished by “an acquisition unit,” and that the detecting step is accomplished at the “detecting unit,”” does not take the limitation out of the mental process grouping.
STEP 2A (PRONG 2): Does the claim recite additional elements that integrate the judicial exception into a practical application? No, the claim does not recite additional elements that integrate the judicial exception into a practical application.
With regard to STEP 2A (prong 2), whether the claim recites additional elements that integrate the judicial exception into a practical application, the guidelines provide the following exemplary considerations that are indicative that an additional element (or combination of elements) may have integrated the judicial exception into a practical application:
• an additional element reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field;
• an additional element that applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition;
• an additional element implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim;
• an additional element effects a transformation or reduction of a particular article to a different state or thing; and
• an additional element applies or uses 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 more than a drafting effort designed to monopolize the exception.
While the guidelines further state that the exemplary considerations are not an exhaustive list and that there may be other examples of integrating the exception into a practical application, the guidelines also list examples in which a judicial exception has not been integrated into a practical application:
• an additional element merely recites the words “apply it” (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea;
• an additional element adds insignificant extra-solution activity to the judicial exception; and
• an additional element does no more than generally link the use of a judicial exception to a particular technological environment or field of use.
Claims 1 and 16 does not recite any of the exemplary considerations that are indicative of an abstract idea having been integrated into practical application. Claims 1 and 16 further recite the additional element:
“updating the M virtual walls in the extended map to obtain a target extended map.”
This additional element further limits the abstract idea without integrating the abstract idea into practical application or significantly more. In particular, the “updating the M virtual walls … “ step is recited at a high level of generality (i.e., as a general means of gathering an electronic representation of an area where travel is not possible) and amounts to mere data gathering, a form of insignificant extra-solution activity added to the judicial exception per MPEP 2106.05(g), because the steps characterize post solution activity, such as an individual observing and or updating the map with a region where passage is not permitted.
Claim 16 still further includes the additional element “a processing unit”. This element is not sufficient to amount to significantly more than the judicial exception because it fails to integrate the exception into practical application. The mere inclusion of instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea is indicative that the judicial exception has not been integrated into a practical application. In the instant case, the apparatus accomplishes updating of the virtual by “an processing unit”, i.e. via computers. Thus, it is clear that the abstract idea is merely implemented on a computer, which is indicative of the abstract idea having not been integrated in the practical application. The “processing unit,” merely describes how to generally “apply” the otherwise metal judgements in a generic or general purpose computing environment. The processing unit is recited at a high level of generality and merely automate the updating step.
STEP 2B: Do the claims recite additional elements that amount to significantly more than the judicial exception? No, claims 1 and 16 does not recite additional elements that amount to significantly more than the judicial exception.
With regard to STEP 2B, whether the claims recite additional elements that provide significantly more than the recited judicial exception, the guidelines specify that the pre-guideline procedure is still in effect. Specifically, that examiners should continue to consider whether an additional element or combination of elements:
• adds a specific limitation or combination of limitations that are not well-understood, routine, conventional activity in the field, which is indicative that an inventive concept may be present; or
• simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, which is indicative that an inventive concept may not be present.
Claims 1 and 16 does not recite any specific limitation or combination of limitations that are well-understood, routine, conventional (WURC) activity in the field. Updating data are fundamental, i.e. WURC, activities performed by computers operating on data such as the unit recited in claim 116. Further, applicant’s specification does not provide any indication that the updating activities of the system are performed using anything other than a conventional computer. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere performance of an action is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here). Further, the Federal Circuit in Trading Techs. Int’l v. IBG LLC, 921 F.3d 1084, 1093 (Fed. Cir. 2019), and Intellectual Ventures I LLC v. Erie Indemnity Co., 850 F.3d 1315, 1331 (Fed. Cir. 2017), for example, indicated that the mere displaying of data (which is one example listed in applicant’s disclosure as a remedial action) is a well understood, routine, and conventional function.
Thus, since claims 1 and 16 are (a) directed toward abstract ideas; (b) do not recite additional elements that integrate the judicial exception into practical application; and (c) do not recite additional elements that amount to significantly more than the judicial exception, it is clear that claims 1 and 16 are directed to non-statutory subject matter.
Dependent claims 2-15 and 17-20 further limit the abstract idea without integrating the abstract idea into practical application or adding significantly more.
For example, the additional elements in claims 2-4, 6, 8 and 11-18 are further limitations that under their broadest reasonable interpretation are abstract using the analysis for independent claims 1 and 16. Further, the additional elements in claims 5, 19 and 20 are further limitations that under their broadest reasonable interpretations are limitations that are further limit the abstract idea without integrating the abstract idea into practical application or significantly more. Still further, the additional elements of claims 7, 9-11, 15 and 19, further limit the abstract idea without integrating the abstract idea into practical application or significantly more. In particular, the “outputting … “ (claims 7, 9-11 and 18), and the “receiving ... “ (claim 15) steps are recited at a high level of generality (i.e., as a general means of gathering an electronic representation of an area) and amount to mere data gathering, a form of insignificant extra-solution activity added to the judicial exception per MPEP 2106.05(g), because the step characterizes pre and post solution activity.
As such, claims 1-20, are rejected as being drawn to an abstract idea without significantly more, and thus are ineligible.
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 non-obviousness.
Claims 1, 2, 4, 5, 11, 12, 15, 16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication Number 2023/0095552 to Zhang et al. (hereafter Zhang) in view of U.S. Patent Publication Number 2018/0200888 to Kim et al. (hereafter Kim).
As per claim 1, Zhang discloses [a] method for updating a virtual wall (see at least Zhang, Abstract), comprising:
performing extended mapping on an original map to obtain an extended map (see at least Zhang, Abstract, disclosing a map construction method, a robot, and a storage medium. A center of a lidar of a mapping robot is taken as a starting point, and a radar probe is arranged according to a preset distance; the radar probe is configured to determine a reference point cloud; the lidar of the mapping robot is controlled to scan the target environment to obtain scanning data; the target environment includes a wall and an obstacle; according to the scanning data, a virtual wall corresponding to the wall is determined; according to the scanning data, the reference point cloud determined by the radar probe is fitted to update the virtual wall to obtain an updated virtual wall; a target map including the updated virtual wall is generated),
wherein the original map comprises M virtual walls (see at least Zhang, [0057] disclosing that the reference point of the defective area is marked and then the virtual wall is updated. The radar probe is used to mark the reference point of the defective area, which makes the reference point cloud more accurate and improves the mapping efficiency of the virtual wall and the mapping robot's ability to map on blocked walls), ... (1) ... ;
according to one or more paths which are comprised in the extended map, detecting the legitimacy of each virtual wall among the M virtual walls in the extended map (see at least Zhang, [0072] disclosing that if the current scan is the first scan of the target environment, that is, when the target environment is scanned from the first control angle, there is no the point cloud data of any walls in a memory of the robot, server or cloud server used to store data, which means there is no virtual wall <interpreted as detecting the legitimacy of each virtual wall>, and thus it is necessary to scan and load the point cloud data of the virtual wall containing the defective area for the first time; [0082] the current robot can call the generated target map including the virtual wall, and perform move in the actual scene according to the target map. The move includes but is not limited to, an obstacle avoidance control; [0088] disclosing that a defective area updating module 540, configured to fit the reference point cloud determined by the radar probe to update the virtual wall according to the scanning data to obtain an updated virtual wall ; [0089] disclosing that a virtual wall generation module 550, configured for the virtual wall to generate a target map including the updated virtual wall); and
according to the legitimacy of each virtual wall in the extended map, updating the M virtual walls in the extended map to obtain a target extended map (see at least Zhang, [0090] disclosing ensuring the integrity of the robot mapping by determining the defective area and updating the virtual wall according to the reference point cloud, reduce the influence of the obstacle on the robot mapping, and solve the problem that the wall blocked by an obstacle cannot be mapped and thereby achieving the effect of complete mapping of all walls in the environment. At the same time, since the wall is completely mapped, even if the obstacle in the environment leaves the original position; [0110] disclosing, with regard to Fig. 6, that a map acquisition module 610, configured to acquire a target map including a virtual wall; the target map is generated by using the map construction method ),
wherein the target extended map comprises N virtual walls among the M virtual walls (see at least Zhang, [0082]),
the N virtual walls being legitimate virtual walls in the extended map (see at least Zhang, [0082]; [0099] disclosing that the defective area determination module 530 includes; [0100] a defective area determination unit, configured to determine the virtual wall including the defective area according to the scanning data at different angles), ... (2) ... . But Zhang does not explicitly teach the following limitations taught in Kim:
(1) M being an integer greater than or equal to 1 (see at least Kim, [0096] disclosing that when a cleaning command for an arbitrary area is input regardless of the area division, the travel controller 230 may move to an area included in the arbitrary area and perform cleaning. When the virtual wall is set, the travel controller 230 may control the travel driving unit to avoid the virtual wall, based on the coordinate value input from the map generation unit 220. Even if it is determined by the obstacle recognition unit 210 that the obstacle does not exist, the travel controller 230 may recognize that an obstacle exists at a corresponding location and restrict the traveling when the virtual wall is set <interpreted as M being equal to 1, as M is interpreted as illegitimate>); and
(2) N being an integer greater than or equal to 0 (see at least Kim, [0096] ).
Zhang and Kim are analogous art to claim 1 because they are in the same field of robot navigation using a method and apparatus for updating a virtual wall. Zhang relates to a map construction method for robots (see at least Zhang, [0002]). Kim relates to a mobile robot system which performs cleaning by traveling in a cleaning area and a control method (see at least Kim, [0002]).
Therefore, it would have been prima facie obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method as disclosed in Zhang, to provide the benefit of (1) having M virtual walls, where M being an integer greater than or equal to 1, and (2) having N virtual walls among the M virtual walls, N being an integer greater than or equal to 0, as disclosed in Kim, with a reasonable expectation of success. Doing so would provide the benefit of improving the traveling efficiency of the robot (see at least Kim, [0185]).
As per claim 2, the combination of Zhang and Kim discloses all of the limitations of claim 1. Kim further discloses the following limitations:
wherein according to the one or more paths which are comprised in the extended map, detecting the legitimacy of each virtual wall among the M virtual walls in the extended map comprises one or more of the following: determining a virtual wall among the M virtual walls that is located on any one of the one or more paths to be an illegitimate virtual wall (see at least Kim, [0075] disclosing that after generating the basic map, the map generation unit 220 may generate a map by including a connection path for dividing the cleaning area into a plurality of areas and connecting the plurality of areas, and including information on an obstacle in the respective areas. The map generation unit 220 may set a representative area by dividing a small area so as to divide an area on a map, and set the divided small area as a separate detail area to be merged into the representative area, thereby generating a map in which the area is divided; [0080] disclosing that when a virtual wall is set by a terminal 300, the map generation unit 220 may set the location of the virtual wall to the cleaning map based on the data of the virtual wall received through the communication unit, and calculate the coordinate of the virtual96 wall corresponding to the cleaning area. The map generation unit 220 may register the virtual wall in the cleaning map as an obstacle; [0096] disclosing that the travel controller 230 may control the travel driving unit to avoid the virtual wall, based on the coordinate value input from the map generation unit 220. Even if it is determined by the obstacle recognition unit 210 that the obstacle does not exist, the travel controller 230 may recognize that an obstacle exists at a corresponding location and restrict the traveling when the virtual wall is set <interpreted as illegitimate>).
determining a virtual wall among the M virtual walls that is not located on any one of the one or more paths to be a legitimate virtual wall (see at least Kim, [0080] disclosing that when a virtual wall is set by a terminal 300, the map generation unit 220 may set the location of the virtual wall to the cleaning map based on the data of the virtual wall received through the communication unit, and calculate the coordinate of the virtual wall corresponding to the cleaning area. The map generation unit 220 may register the virtual wall in the cleaning map as an obstacle <interpreted as a legitimate virtual wall>; [0096]).
As per claim 4, the combination of Zhang and Kim discloses all of the limitations of claim 2. Kim further discloses the following limitations:
wherein the M virtual walls are in shapes of polygonal regions (see at least Kim, see Fig. 17 showing virtual wall 69, having a rectangular shape <a polygon>; [0141]); and
determining the virtual wall among the M virtual walls that is located on any one of the one or more paths to be the illegitimate virtual wall comprises: determining a virtual wall among the M virtual walls in shapes of polygonal regions that is passed through by any one of the one or more paths to be the illegitimate virtual wall (see at least Kim, [0096] disclosing that when a cleaning command for an arbitrary area is input regardless of the area division, the travel controller 230 may move to an area included in the arbitrary area and perform cleaning. When the virtual wall is set, the travel controller 230 may control the travel driving unit to avoid the virtual wall, based on the coordinate value input from the map generation unit 220. Even if it is determined by the obstacle recognition unit 210 that the obstacle does not exist, the travel controller 230 may recognize that an obstacle exists at a corresponding location and restrict the traveling when the virtual wall is set).
As per claim 5, the combination of Zhang and Kim discloses all of the limitations of claim 2. Kim further discloses the following limitations:
wherein the M virtual walls are in shapes of polygonal regions (see at least Kim, see Fig. 17 showing virtual wall 69, having a rectangular shape <a polygon>; [0141]); and
determining the virtual wall among the M virtual walls that is located on any one of the one or more paths to be the illegitimate virtual wall comprises: determining a virtual wall among the M virtual walls in shapes of polygonal regions that overlaps with any one of the one or more paths to be the illegitimate virtual wall (see at least Kim, [0096]).
As per claim 11, the combination of Zhang and Kim discloses all of the limitations of claim 1, as shown above. Kim further discloses the following limitations:
wherein prior to or subsequent to obtaining the target extended map, the method further comprises: outputting first prompt information, the first prompt information being configured to prompt current information of the extended map and guide setting a virtual wall in the extended map (see at least Kim, [0083] disclosing that the terminal 300 may store both the guide map and the user map to display on the screen, and output one of them according to the setting. When a cleaning command based on the user map or the guide map is input from the terminal 300, the mobile robot 1 may travel based on the cleaning map and clean a designated area. The location recognition unit 240 may determine the current location of the main body 10 based on the map (cleaning map, guide map, or user map) stored in the data unit );
detecting an input operation of setting a virtual wall (see at least Kim, [0121] disclosing that terminal 300 may include a data unit for storing a program or an application for controlling the mobile robot, and a received data, an input unit including a key input unit or a touch input unit, and a display unit for displaying data. The terminal may include a touch screen having a mutual layer structure of the touch input unit and the display unit ; [0123] disclosing that the terminal 300 may set a virtual wall on the map displayed on the screen, i.e., on the guide map, in response to the user input. Although the terminal 300 can set a virtual wall on the user map, it is preferable to set the virtual wall 60 on the guide map in which the area where the mobile robot can travel is displayed. The terminal 300 may set a line-shaped first virtual wall 61 connecting an eleventh point P11 and a twelfth point P12, in response to the user input); and
setting, in response to the operation, a third virtual wall in the extended map, the target extended map further comprising the third virtual wall (see at least Kim, [0124] disclosing that the terminal 300 may set a second virtual wall 62 of a polygon connecting 21st to 24th points (P21 to P24), in response to the user input. The terminal 300 may set the wall 60 according to the number of points to be touched, the number of touches, the direction to be dragged, and the shape to be dragged, with respect to the touch for a specific point, the drag after touch, and the multi touch, in response to the user input, e.g., a touch input ).
As per claim 12, the combination of Zhang and Kim discloses all of the limitations of claim 1, as shown above. Kim further discloses the following limitations:
wherein the extended map further comprises at least one or more original service points in the original map (see at least Kim, [0073] disclosing that the map generation unit 220 may generate a basic map based on the information acquired from the obstacle recognition unit 210 during the traveling, and generate a cleaning map by dividing the area <the area is interpreted as containing one or more original service points> from the basic map. In addition, the map generation unit 220 may readjust the area for the cleaning map and set an attribute for the area to generate a user map and a guide map), and
subsequent to performing extended mapping on the original map to obtain the extended map, the method further comprises: guiding setting one or more extended service points according to a region covered by the extended map (see at least Kim, [0075] disclosing that after generating the basic map, the map generation unit 220 may generate a map by including a connection path for dividing the cleaning area into a plurality of areas and connecting the plurality of areas, and including information on an obstacle in the respective areas. The map generation unit 220 may set a representative area <representative area interpreted as containing one or more extended service points> by dividing a small area so as to divide an area on a map, and set the divided small area as a separate detail area to be merged into the representative area, thereby generating a map in which the area is divided); and
generating the one or more paths in the extended map according to the region covered by the extended map, the one or more original service points, and the extended service points (see at least Kim, [0081] disclosing that the map generation unit 220 may expand the virtual wall set by the terminal and register it as an obstacle. During the traveling <interpreted as the one or more paths>, the map generation unit 220 may expand and set the set virtual wall to a wider range so that the main body 10 may not be in contact with or may not intrude into the virtual wall, preventing the main body 10 from contacting the virtual wall).
As per claim 15, the combination of Zhang and Kim discloses all of the limitations of claim 1, as shown above. Zhang further discloses the following limitations:
wherein performing extended mapping on the original map to obtain the extended map comprises: receiving scanning data of a working scene by LiDAR (see at least Zhang, [0033] disclosing that the virtual wall refers to the wall information in the map information created by the mapping robot according to the scanning data obtained in the preceding steps. In the actual scene, as shown in FIG. 1B, because the obstacle blocks a part of the wall, the lidar cannot bypass the obstacle to scan the part of the wall that is blocked by the obstacle, so the wall information recorded by the mapping robot during the scanning process contains the defective are ); and
adding, based on the original map, a new traversable region and a new obstacle avoidance region generated by the scanning data to obtain the extended map (see at least Zhang, [0123] disclosing that a program is executed by the processor to execute a map construction method provided by embodiments of the present application: arranging a radar probe according to a preset distance by taking a center of a lidar of a mapping robot as a starting point, where the radar probe is configured to determine a reference point cloud; controlling the lidar of the mapping robot to scan a target environment to obtain scanning data, the target environment including a wall; [0124] determining a virtual wall corresponding to the wall according to the scanning data; fitting the reference point cloud determined by the radar probe according to the scanning data to update the virtual wall to obtain an updated virtual wall; and generating a target map including the updated virtual wall).
As per claim 16, similar to claim 1, Zhang discloses [a]n apparatus for updating a virtual wall (see at least Zhang, Abstract), comprising:
an acquisition unit configured to perform extended mapping on an original map to obtain an extended map (see at least Zhang, Abstract; [0009] disclosing that a map using device, including: a map acquisition module, configured to acquire a target map including a virtual wall, where the target map is generated by the map construction method according to any one of embodiments of the present application; and a control module, configured to perform a move of a current robot according to the target map),
wherein the original map comprises M virtual walls (see at least Zhang, [0057]), ... (1) ... ;
a detection unit configured to, according to one or more paths which are comprised in the extended map, detect the legitimacy of each virtual wall among the M virtual walls in the extended map (see at least Zhang, [0072]; [0082]; [0088]; [0089]); and
a processing unit configured to, according to the legitimacy of each virtual wall in the extended map, update the M virtual walls in the extended map to obtain a target extended map (see at least Zhang, [0090]; [0110]),
wherein the target extended map comprises N virtual walls among the M virtual walls (see at least Zhang, [0082]),
the N virtual walls being legitimate virtual walls in the extended map (see at least Zhang, ), ... (2) ... . But Zhang does not explicitly teach the following limitations taught in Kim:
(1) M being an integer greater than or equal to 1 (see at least Kim, [0096] disclosing that when a cleaning command for an arbitrary area is input regardless of the area division, the travel controller 230 may move to an area included in the arbitrary area and perform cleaning. When the virtual wall is set, the travel controller 230 may control the travel driving unit to avoid the virtual wall, based on the coordinate value input from the map generation unit 220. Even if it is determined by the obstacle recognition unit 210 that the obstacle does not exist, the travel controller 230 may recognize that an obstacle exists at a corresponding location and restrict the traveling when the virtual wall is set <interpreted as M being equal to 1, as M is interpreted as illegitimate>); and
(2) N being an integer greater than or equal to 0 (see at least Kim, [0096] ).Zhang and Kim are analogous art to claim 16 because they are in the same field of robot navigation using a method and apparatus for updating a virtual wall. Zhang relates to a map construction method for robots (see at least Zhang, [0002]). Kim relates to a mobile robot system which performs cleaning by traveling in a cleaning area and a control method (see at least Kim, [0002]).
Therefore, it would have been prima facie obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method as disclosed in Zhang, to provide the benefit of (1) having M virtual walls, where M being an integer greater than or equal to 1, and (2) having N virtual walls among the M virtual walls, N being an integer greater than or equal to 0, as disclosed in Kim, with a reasonable expectation of success. Doing so would provide the benefit of improving the traveling efficiency of the robot (see at least Kim, [0185]).
As per claim 18, similar to claim 11, the combination of Zhang and Kim discloses all of the limitations of claim 16, as shown above. Kim further disclose the following limitations:
wherein prior to or subsequent to obtaining the target extended map, the processing unit is further configured to output first prompt information, the first prompt information being configured to prompt current information of the extended map and guide setting a virtual wall in the extended map (see at least Kim, [0083]);
detect an input operation of setting a virtual wall (see at least Kim, [0121]; [0123]); and
set, in response to the operation, a third virtual wall in the extended map, the target extended map further comprising the third virtual wall (see at least Kim, [0124]).
As per claim 19, the combination of Zhang and Kim discloses all of the limitations of claim 1, as shown above. Zhang further discloses the following:
a memory (see at least Zhang, [0010] disclosing a robot, including: one or more processors; a memory for storing one or more programs; when the one or more programs are executed by the one or more processors, the one or more processors realize the map construction method according to any one of embodiments in the first aspect, and/or the map using method according to the embodiment in the second aspect) and
a processor (see at least Zhang, [0010]),
the memory storing computer-readable instructions, the processor being configured to implement the method according to claim 1 when calling and executing the computer- readable instructions (see at least Zhang, [0010]).
As per claim 20, the combination of Zhang and Kim discloses all of the limitations of claim 1, as shown above. Zhang further discloses the following:
A non-transitory computer-readable storage medium, the non- transitory computer-readable storage medium storing computer-readable instructions (see Zhang, claim 15),
wherein when the computer-readable instructions are called and executed by a processor, the method according to claim 1 is implemented (see at least Zhang,, [0010]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang and Kim as applied to claim 2 above, and further in view of U.S. Patent Publication Number 2020/0201339 to Nie et al. (hereafter Nie).
As per claim 3, the combination of Zhang and Kim discloses all of the limitations of claim 2, has shown above. But, neither Zhan nor Kim explicitly teach the following limitations taught in Nie:
wherein the M virtual walls are in shapes of straight lines (see at least Nie, [0030] disclosing that as shown in FIG. 3, the dotted line is a virtual wall which divides a map into a working area and a non-working area. In which, the instruction for setting the virtual wall can be produced by a user to use a virtual wall brush tool to draw the virtual wall on a map layer in a map editing application (APP), and the drawing can be performed by the method as drawing a picture, and the shape of the drawn virtual wall may be a straight line or a curved line. The line corresponding to the preset virtual wall may be closed or unclosed; [0032] disclosing that a vertical normal of the line which is vertical to the line is made along a middle point of the line of the virtual wall unit, and the direction of the line from the starting point to the ending point of the virtual wall unit is defined); and
determining the virtual wall among the M virtual walls that is located on any one of the one or more paths to be the illegitimate virtual wall comprises: determining a virtual wall among the M virtual walls in shapes of straight lines that intersects or coincides with any one of the one or more paths to be the illegitimate virtual wall (see at least Nie, Abstract, disclosing a method of obtaining a starting position and an ending position of the robot, in response to a movement instruction being detected; determining a movement path of the robot based on the starting position and the ending position; obtaining pass qualification information of the robot, if the movement path intersects a line corresponding to a preset virtual wall; and moving the robot to the ending position according to the movement path, if the pass qualification information identifying the robot is allowed to traverse the virtual wall <interpreted as a line the intersects with the illegitimate wall).
Zhang, Kim and Nie are analogous art to claim 3 because they are in the same field of robot navigation using a method and apparatus for updating a virtual wall. Zhang relates to a map construction method for robots (see at least Zhang, [0002]). Kim relates to a mobile robot system which performs cleaning by traveling in a cleaning area and a control method (see at least Kim, [0002]). Nie relates to a movement control method for a robot as well as an apparatus (see at least Nie, [0002]).
Therefore, it would have been prima facie obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method as disclosed in Zhang, to provide the benefit of (1) having the M virtual walls be in shapes of straight lines, and (2) determining a virtual wall among the M virtual walls in shapes of straight lines that intersects or coincides with any one of the one or more paths to be the illegitimate virtual wall, as disclosed in Nie, with a reasonable expectation of success. Doing so would provide the benefit of increasing the efficiency and reliability of the autonomous navigation of the robot (see at least Nie, [0004]).
Claims 6-10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang and Kim as applied to claims 1 and 16 above, and further in view of U.S. Patent Publication Number 2021/0109532 to Bai et al. (hereafter Bai).
As per claim 6, the combination of Zhang and Kim discloses all of the limitations of claim 1, as shown above. But, neither Zhang nor Kim explicitly teach the following limitations taught in Bai:
wherein according to the legitimacy of each virtual wall in the extended map, updating the M virtual walls in the extended map to obtain the target extended map comprises: setting a first virtual wall among the M virtual walls to be invalid in the extended map, and/or setting a second virtual wall among the M virtual walls to be valid in the extended map, so as to obtain the target extended map (see at least Bai, Abstract, disclosing the virtual wall system for mobile devices includes: communication module: which is mainly used for the transmissions of relevant map information, virtual wall information, positioning information, and task information, and act as a bridge; interaction module: by which users set, add or delete the virtual wall information of any shape through the graphical editing environment, and sends this information to the processing part of the intelligent mobile algorithm; acquisition module: which obtains the virtual wall information provided by the interaction module, stores relevant data; [0056] disclosing a method in which step 1: the user sets, adds, deletes and edits the virtual wall information through the interaction module, the virtual wall information is sent to the algorithm processing part by the communication module; [0062] disclosing step 7: after the communication module receives the navigation task, the decision part uses the current global navigation map and real-time autonomous positioning information, uses heuristic search algorithm and combines starting point and ending point of the intelligent device to search a smooth collision-free path. If the destination is not reachable, end the current task),
the first virtual wall being an illegitimate virtual wall in the extended map (see at least Bai, [0056] disclosing the deleted virtual wall <interpreted as the first virtual wall being illegitimate>), and
the second virtual wall being a legitimate virtual wall in the extended map (see at least Bai, [0056] disclosing the edited virtual wall <interpreted as the second virtual wall being legitimate>).
Zhang, Kim and Bai are analogous art to claim 6 because they are in the same field of robot navigation using a method and apparatus for updating a virtual wall. Zhang relates to a map construction method for robots (see at least Zhang, [0002]). Kim relates to a mobile robot system which performs cleaning by traveling in a cleaning area and a control method (see at least Kim, [0002]). Bai relates to a virtual wall system for mobile devices (see at least Bai, [0002]).
Therefore, it would have been prima facie obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method as disclosed in Zhang, as modified by Kim, to provide the benefit of setting a first virtual wall among the M virtual walls to be invalid in the extended map, and/or setting a second virtual wall among the M virtual walls to be valid in the extended map, having the first virtual wall be an illegitimate virtual wall in the extended map and having the second virtual wall being a legitimate virtual wall in the extended map, as disclosed in Bai, with a reasonable expectation of success. Doing so would provide the benefit of improving the movement of the mobile device (see at least Bai, [0004]).
As per claim 7, the combination of Zhang, Kim and Bai discloses all of the limitations of claim 6. Kim further discloses the following limitation:
subsequent to setting the first virtual wall among the M virtual walls to be invalid in the extended map, further comprising: outputting second prompt information, the second prompt information being configured to prompt that the first virtual wall has been set to be invalid in the extended map (see at least Kim, [0096]; [0125] disclosing that the virtual wall 60 may be set in the form of a point, a line, and a surface, and the surface may be set in a polygonal shape, a circular shape, or a free shape (e.g., heart, star). As shown in the drawing, when the virtual wall 60, 61 and 62 is set in the guide map, the terminal 300 may transmit data of the virtual wall to the mobile robot 1; [0154] disclosing that FIG. 21 is a flowchart illustrating a method of controlling a mobile robot by using a virtual wall according to an embodiment of the present disclosure. As shown in FIG. 21, when a virtual wall is set through the terminal 300 (S310), the terminal may transmit data of the virtual wall to the mobile robot 1; [0155] disclosing that FIG. 21 is a flowchart illustrating a method of controlling a mobile robot by using a virtual wall according to an embodiment of the present disclosure. As shown in FIG. 21, when a virtual wall is set through the terminal 300 (S310), the terminal may transmit data of the virtual wall to the mobile robot 1).
As per claim 8, the combination of Zhang, Kim and Bai discloses all of the limitations of claim 6. Bai further discloses the following limitation:
wherein setting the first virtual wall among the M virtual walls to be invalid in the extended map comprises any one of the following processing: deleting the first virtual wall from the M virtual walls (see at least Bai, Abstract, [0056]); or
setting the first virtual wall among the M virtual walls to an unavailable state (see at least Bai, [0056] disclosing the deleted virtual wall <interpreted as the first virtual wall being in an unavailable state);
the unavailable state indicating that no obstacle avoidance response is made to the first virtual wall (see at least Bai, [0056], and further one of skill in the art would know that if the deleted virtual wall is unavailable (i.e. in an unavailable state, there will be no obstacle avoidance response).
As per claim 9, the combination of Zhang, Kim and Bai discloses all of the limitations of claim 8, as shown above. Bai further discloses the following limitation:
prior to deleting the first virtual wall from the M virtual walls, further comprising: outputting first query information (see at least Bai, [0035] disclosing that users can set, add and delete virtual wall with any shape in interactive interface by interaction way, and this information is sent to the algorithm processing module);
the first query information being configured to query whether the first virtual wall is required to be deleted (see at least Bai, [0035]; [0056]).
As per claim 10, the combination of Zhang, Kim and Bai discloses all of the limitations of claim 8, as shown above. Bai further discloses the following limitation:
prior to setting the first virtual wall among the M virtual walls to the unavailable state, further comprising: outputting second query information; the second query information being used to query whether the first virtual wall is required to be set to the unavailable state (see at least Bai, [0056]; [0062]).
As per claim 17, similar to claim 6, the combination of Zhang and Kim discloses all of the limitations of claim 16, as shown above. But, neither Zhang nor Kim explicitly teach the following limitations taught in Bai:
wherein the processing unit is further configured to set a first virtual wall among the M virtual walls to be invalid in the extended map (see at least Bai, Abstract; [0056]; [0062]), and/or
set a second virtual wall among the M virtual walls to be valid in the extended map, so as to obtain the target extended map (see at least Bai, [0056] disclosing the deleted virtual wall <interpreted as the first virtual wall being illegitimate>),
the first virtual wall being an illegitimate virtual wall in the extended map, the second virtual wall being a legitimate virtual wall in the extended map (see at least Bai, [0056] disclosing the edited virtual wall <interpreted as the second virtual wall being legitimate>).
Zhang, Kim and Bai are analogous art to claim 17 because they are in the same field of robot navigation using a method and apparatus for updating a virtual wall. Zhang relates to a map construction method for robots (see at least Zhang, [0002]). Kim relates to a mobile robot system which performs cleaning by traveling in a cleaning area and a control method (see at least Kim, [0002]). Bai relates to a virtual wall system for mobile devices (see at least Bai, [0002]).
Therefore, it would have been prima facie obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method as disclosed in Zhang, as modified by Kim, to provide the benefit of setting a first virtual wall among the M virtual walls to be invalid in the extended map, and/or setting a second virtual wall among the M virtual walls to be valid in the extended map, having the first virtual wall be an illegitimate virtual wall in the extended map and having the second virtual wall being a legitimate virtual wall in the extended map, as disclosed in Bai, with a reasonable expectation of success. Doing so would provide the benefit of improving the movement of the mobile device (see at least Bai, [0004]).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang and Kim as applied to claim 1 above, and further in view of U.S. Patent Publication Number 2019/0061157 to Suvarna et al. (hereafter Suvarna).
As per claim 13, the combination of Zhang and Kim discloses all of the limitations of claim 1, as shown above. But, neither Zhang nor Kim explicitly disclose the following limitations disclosed in Savarna:
wherein in a case that the original map has no virtual walls, subsequent to performing extended mapping on the original map to obtain the extended map, the method further comprises: outputting third prompt information, the third prompt information being configured to guide setting a virtual wall in the extended map (see at least Suvarna, [0073] disclosing that the robot needs to generate a map before the user can mark desired virtual boundaries. A training session may be needed to allow the robot to map the area and present the map to the user; [0074] disclosing that the display can then prompt the user whether to go ahead and clean everything, or do a training run to map the area, and present the map to the user to mark any virtual boundaries. Alternately, the robot could simply initiate a training run, and provide the map and suggested boundaries to the user after it is prepared, while starting a full cleaning run using the suggested virtual boundaries, until they are rejected, or added to, by the use; [0084] disclosing that a preview of the map with the virtual boundaries is provided to the user for acceptance; [0087] disclosing that the user can set the virtual boundary <interpreted as virtual walls> by using the robot app on the mobile device like a remote control. When the user observes the robot approaching an off-limits room, the user can push a virtual boundary button on the app. A signal is then sent to the robot, either directly (using IR, Bluetooth, local WiFi, etc.), or through the server (over then Internet then a local area network to the robot). The robot will recognize the point as part of a line, and will automatically extrapolate the point to the walls on either side of the point if it recognizes a doorway);
detecting an input operation of setting a virtual wall (see at least Suvarna, [0087]; and
setting, in response to the operation, a fourth virtual wall in the extended map to obtain the target extended map (see at least Suvarna, [0073]; [0074]; [0084]; [0087].
Zhang, Kim and Suvarna are analogous art to claim 13 because they are in the same field of robot navigation using a method and apparatus for updating a virtual wall. Zhang relates to a map construction method for robots (see at least Zhang, [0002]). Kim relates to a mobile robot system which performs cleaning by traveling in a cleaning area and a control method (see at least Kim, [0002]). Suvarna relates to setting boundaries to limit where a robot can go, in particular a cleaning robot with a virtual boundary (see at least Suvarna, [0002]).
Therefore, it would have been prima facie obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method as disclosed in Zhang, as modified by Kim, to provide the benefit of outputting third prompt information, the third prompt information being configured to guide setting a virtual wall in the extended map, detecting an input operation of setting a virtual wall, and setting a fourth virtual wall in the extended map to obtain the target extended map, as disclosed in Suvarna, with a reasonable expectation of success. Doing so would provide the benefit of improving the autonomous movement of the robot.
As per claim 14, the combination of Zhang, Kim and Savarna discloses all of the limitations of claim 13, as shown above. Kim further discloses the following limitations:
wherein subsequent to generating the one or more paths in the extended map, the method further comprises: guiding setting one or more extended service points according to a region covered by the extended map (as in claim 12, see at least Kim, [0075] ); and
generating the one or more paths in the extended map according to the region covered by the extended map, at least one original service point in the original map, and the one or more extended service points (as in claim 12, see at least Kim, [0081]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Publication Number 2020/0125087 to Wu [0040] disclosing virtual wall of a zone is acquired according to the reference coordinate system, the obstacles, the created points of the first map, a preset algorithm, and data interaction from the user. The operations for drawing a virtual wall by the user may be various operations such as drawing a line, connecting points into a line, a multi-point customization zone, and drawing a zone by circling etc. on the map, and may also be assisted by an intelligent recognition operation, and may further draw a point. When the user draws a point on the map, a certain zone is selected automatically according to the map as a zone set by the user based on the preset algorithm.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK M. BRADY III whose telephone number is (571)272-7458. The examiner can normally be reached Monday - Friday 7:00 am - 4;30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erin Bishop can be reached at 571-270-3713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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PATRICK M. BRADY III
Examiner
Art Unit 3665
/PATRICK M BRADY/Examiner, Art Unit 3665
/Erin D Bishop/Supervisory Patent Examiner, Art Unit 3665