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 Objections
Claim 2 is objected to because of the following informalities: limitation “a masking device” should be --the masking device--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 1 includes. There is no proper support in the original disclosure that there is no requirement for a position calculation. A calculation is not discussed in the specification. Throughout the original specification [0003, 0007, 0012, 0041, 0087] etc., there is discussion of determining at least one position of a movable object in relation to its environment. It is unclear in the claimed invention, how the system would operate to execute a predefined command for the movable object without determining a position at some point, given that the data signals received and used for data extraction include positioning functions. The limitations of claim 1 clearly imply the positioning calculation or determination, particularly since claim 5 requires a geographic position determination.
All other claims are rejected due to their dependency on claim 1, since they inherit the same interpretation issues.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 5 appear to conflict in claim scope. Claim 1 claims to operate without any calculation of a location, while dependent claim 5 claims determining a geographic position of moveable object. This is a conflict in claim limitations, given that under BRI and understanding of the original disclosure, in order to perform determining a geographic position at least one position calculation of the movable object must be performed. Applicant should clarify how and where the proper support and definitions for claims 1 and 5 are supported by the specification.
All other claims are rejected due to their dependency on claim 1, which makes them inherit the same interpretation issues.
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) 1-5, and 8-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KRAPF (US 20170317748 A1).
1. KRAPF discloses (abstract) a method for monitoring a remotely controllable member (FIG.1), the method comprising steps consisting in:
emitting a data signal by an electromagnetic radiation source by modulation of the electromagnetic radiation (emitted by LED emitters such as lamps L0-L4 – which transmits light intensity and the data);
[0020] To solve this by a first solution in accordance with the present invention, a structure local positioning system may increase the positioning accuracy for enabling aided, automated and semi-automated driving systems to orient the vehicle's location reliably. The system includes LED (or other suitable emitters) lamps, which may be installed at the ceiling, walls or at the bottom of the structure that act as positioning reference points by broadcasting its exact own position (such as its position relative to other known positions at the structure or relative to a particular reference point at the structure or the like). Optionally, the position information may be broadcast in a GPS like format and/or according a GPS grid, optionally the format may be truncated with the LSBs remaining. Optionally, there may be one GPS position set as a reference, such as, for example, at the tunnel's or parking structure's entrance to which the lamp coordinates are referenced to (as difference vectors), optionally permanently repeating, over a light signal or pattern (positioning light signal lamp (PLSL)). As shown in FIG. 2, a vehicle may be driven through a tunnel with a plurality of PLSLs (L.sub.0, L.sub.1, L.sub.2, etc.) installed on the ceiling of the tunnel. Each lamp is more or less a Lambertian emitter and has a steradian of light illuminating the ground underneath. The luminance “l” diminishes with the distance “s” in a lamp optics' specific assumingly known manner. The vehicle may detect the light intensity and the transmitted data from the lamps by a sensor or photodiode installed at the vehicle, such as at an upper region of the windshield (or at a top part of the vehicle so as to receive data from all directions around the vehicle, or such as at any other suitable location on the vehicle) or by a camera or any suitable photo detecting element (PDE). When more than one PLSL is in detection range of the PDE, the system of the present invention may detect the light intensity of both PLSLs. By knowledge of the light intensity to distance characteristic of the PLSLs, the system can determine the distance to each of both lights, and thus can determine the location of the vehicle relative to both of the lights and the positions of the lights. In the example of FIG. 2, there is a characteristic distance s1 according the detected light intensity 11 of the PLSL L1 and characteristic distance s2 according the detected light intensity 12 of the PLSL L2. Both light sources of 11 and 12 can be distinguished by the different data both broadcast. The distance “d” between the PLSLs is given by the difference in absolute position of both PLSL broadcasts. The light intensity may be measured analog or via timed binning.
providing a receiver of the electromagnetic radiation, the source and the receiver being coupled respectively to a fixed point and to a movable object or vice versa; (FIG.1-2 - sensor or cameras 14a-14d mounted on vehicle receive and detect signals)
providing a masking device comprising one or several elements (i.e. PDE includes at least one type of filter or light blocking element so as to limit a reception field of receiver) masking the electromagnetic radiation, the masking device being configured to limit an emission field of the source and/or a reception field of the receiver to a transmission area including the fixed point and defined by the masking device; and
[0022] The PDE may comprise an array of photodiodes with an angle selective sensitivity, optionally being done by having a sphere like arrangement of photodiodes which have separators or angled slots between one another to block light which is beyond a limited angle, having the slotted photodiodes distributed in an order covering the whole relevant detection angle. As an alternative to the sphere of separated photodiodes, there may be an optical element separating the incoming light from different angle intervals into different photodiodes, such as a sphere lens array of convex lenses does with one photodiode underneath each or alternatively using a volume hologram, such as by utilizing aspects of the systems described in U.S. patent application Ser. No. 15/490,172, filed Apr. 18, 2017 (Attorney Docket MAG04 P-3006), which is hereby incorporated herein by reference in its entirety. Optionally, the system may include a forward sensing PDE and a rearward sensing PDE that sense regions ahead of and behind the vehicle as the vehicle travels through the structure, since such sensing would capture signals emitted by relevant PLSLs ahead of and behind the vehicle.
[0025] Optionally, with respect to the third solution, for a more precise distinguishing the sections, each LED segment's area may additionally possess a light polarization property, all in substantially different polarization angles to one another, optionally done by using polarization filters. Optionally, the LED is configured in a way to emit polarized light by its nature without the need of a filter. FIG. 6 shows a polarization scheme of illuminated segments around a PLSL in example. The detecting PDE may comprise means for detecting the different polarization directions by polarization angle filtering. Optionally, different pixel or pixel areas may comprise different polarized filters or optionally there may be rotating polarization filter within the camera optics filtering the different polarization directions in a timely consecutive fashion. Optionally, the polarized light distinguishing may also serve the purpose to widen the data communication bandwidths.
when the receiver receives the data signal, implying that the receiver is located in the transmission area and oriented towards the emitter (i.e. implicit from [0022] – “regions ahead of and behind of vehicle…” the vehicle receiving data signal implies that vehicle is located at least one of ahead or behind):
extracting data from the data signal by a processing unit 18 [0014] connected to the receiver (implicit from [0020] – “vehicle may detect…transmitted data from lamps by a sensor or photodiode installed at the vehicle”);
[0020] To solve this by a first solution in accordance with the present invention, a structure local positioning system may increase the positioning accuracy for enabling aided, automated and semi-automated driving systems to orient the vehicle's location reliably. The system includes LED (or other suitable emitters) lamps, which may be installed at the ceiling, walls or at the bottom of the structure that act as positioning reference points by broadcasting its exact own position (such as its position relative to other known positions at the structure or relative to a particular reference point at the structure or the like). Optionally, the position information may be broadcast in a GPS like format and/or according a GPS grid, optionally the format may be truncated with the LSBs remaining. Optionally, there may be one GPS position set as a reference, such as, for example, at the tunnel's or parking structure's entrance to which the lamp coordinates are referenced to (as difference vectors), optionally permanently repeating, over a light signal or pattern (positioning light signal lamp (PLSL)). As shown in FIG. 2, a vehicle may be driven through a tunnel with a plurality of PLSLs (L.sub.0, L.sub.1, L.sub.2, etc.) installed on the ceiling of the tunnel. Each lamp is more or less a Lambertian emitter and has a steradian of light illuminating the ground underneath. The luminance “l” diminishes with the distance “s” in a lamp optics' specific assumingly known manner. The vehicle may detect the light intensity and the transmitted data from the lamps by a sensor or photodiode installed at the vehicle, such as at an upper region of the windshield (or at a top part of the vehicle so as to receive data from all directions around the vehicle, or such as at any other suitable location on the vehicle) or by a camera or any suitable photo detecting element (PDE). When more than one PLSL is in detection range of the PDE, the system of the present invention may detect the light intensity of both PLSLs. By knowledge of the light intensity to distance characteristic of the PLSLs, the system can determine the distance to each of both lights, and thus can determine the location of the vehicle relative to both of the lights and the positions of the lights. In the example of FIG. 2, there is a characteristic distance s1 according the detected light intensity 11 of the PLSL L1 and characteristic distance s2 according the detected light intensity 12 of the PLSL L2. Both light sources of 11 and 12 can be distinguished by the different data both broadcast. The distance “d” between the PLSLs is given by the difference in absolute position of both PLSL broadcasts. The light intensity may be measured analog or via timed binning.
selecting [0027] by the processing unit a predefined command executable by the remotely controllable member, according to the extracted data without requiring a position calculation of the movable object ([0027] i.e. under BRI - initially the vehicle system does not calculate a position of the vehicle, the predefined command executed by vehicle is defined as controlling vehicle to autonomously maneuver the through parking structure towards available parking space – it is noted that there is no explicit calculation of position);
[0027] Thus, when a vehicle equipped with the system of the present invention enters a parking structure, the vehicle may receive a signal indicative of an available parking space. The system may then control the vehicle to autonomously maneuver the vehicle through the parking structure towards and into the available parking space by sequentially detecting a plurality of light sources that are emitting the optical signals, since, upon receiving an optical signal from the light sources, the system determines the location of the vehicle within the parking structure and can maneuver the vehicle toward the next light source, whereupon the system will receive the optical signals emitted by that light source to determine the current location of the vehicle within the parking structure. This process can be repeated until the vehicle is at the selected or available parking space.
transmitting the command (i.e. implicitly in order for vehicle to be controlled for parking function, a command is transmitted to engine control of vehicle) by the processing unit to the remotely controllable member; and [0027]
executing the command (i.e. performing control of vehicle to autonomously maneuver … through the parking structure towards … available parking space … sequentially detecting … plurality of light sources) by the remotely controllable member. [0027]
2. KRAPF discloses (FIG.1-2) The method according to claim 1, comprising steps consisting in:
receiving by at least two receivers of a set of receivers (FIG.1 – sensors 14) installed on the movable object two data signals transmitted by electromagnetic radiation emitted respectively by two electromagnetic radiation fixed sources, the field of emission and/or reception of the data signals emitted by each of the two sources being limited to a respective transmission area defined by a masking device; (implicitly receiver/sensors 14 must receive various signals from different source lamps along different areas as vehicle moves along)
extracting, by the processing unit of the movable object linked to the set of receivers, an identifier of the electromagnetic radiation source from each received data signal; [0020]
determining by the processing unit of the movable object linked to the set of receivers, a location area and a direction of a preferred axis of movement of the movable object in a plane of movement of the movable object (implicitly the vehicle is controlled autonomously by way of using lamps as guides), according to the identifiers of the two electromagnetic radiation sources and of the receivers having received the data signals [0020], and
executing by the processing unit, a command of an electromechanical member (steering wheel) of the movable object according to the location area and the direction of the preferred axis of movement of the movable object. [0019, 0030]
3. KRAPF discloses The method according to claim 1, wherein the command belongs to a set of commands comprising:
a command to limit the speed of the movable object (implied given the vehicle control within a parking structure),
a command to stop the movement of the movable object (implied given the parking function which requires stopping), and
a command to lock the movable object.
4. KRAPF discloses [0024-0027] The method according to claim 1, comprising steps consisting in:
determining by the processing unit whether the location area of the movable object is located in an authorized parking area of the movable object according to the emitter identifier, (process of determining location of vehicle is repeated)
executing by the processing unit an end-of-use command when the location area is in an authorized parking area, the end-of-use command comprising a command to lock the movable object, and a transmission to a remote server of an end-of-use notification message, containing location data and an identifier of the movable object, and
not executing by the processing unit the end-of-use command until the location area is in an authorized parking area. (implicitly these functions are performed until a vehicle is parked at a proper location, i.e. available parking space)
5. KRAPF discloses (FIG.2) The method according to claim 1, wherein the movable object is located in an area comprising a plurality of emitters of data signals, the method further comprising a step of determining a geographic position of the movable object according to the emitter identifier extracted from the signal received from one of the emitters.
8. KRAPF discloses (as for claim 1) a system for monitoring a remotely controllable member, the system comprising:
an electromagnetic radiation source emitting a data signal by modulation of the electromagnetic radiation,
a receiver of the electromagnetic radiation, the source and the receiver being coupled respectively to a fixed point and to a movable object or vice versa,
a masking device comprising one or several elements masking the electromagnetic radiation, the masking device being configured to limit an emission field of the source and/or a reception field of the receiver to a transmission area including the fixed point and defined by the masking device, and
a processing unit configured to implement the method according to claim 1.
9. KRAPF discloses [0014, 0021-0025, 0030] The device according to claim 8, wherein the receiver comprises a front receiver block to be installed in a front position of the movable object and a rear receiver block to be installed in a rear position of the movable object, each of the front and rear receiver blocks being connected to the processing unit and bringing together several electromagnetic radiation reception units, the masking device comprising masking elements associated with the reception units of each of the front and rear receiver blocks, the masking elements having distinct orientations so that the reception units capture electromagnetic radiation having distinct orientations.
10. KRAPF discloses [0028, 0034] The device according to claim 8, wherein the receiver comprises an image sensor, the processing unit being configured to analyze images provided by the image sensor in order to determine the presence of an image area having a predefined color.
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over KRAPF (US 20170317748 A1) in view of MCLAURIN et al. (US 10880005 B2).
However, KRAPF fails to explicitly disclose:
6. (Currently Amended) The method according to claim 1, wherein the data signal is emitted by modulation of the supply current of an electromagnetic radiation source, belonging to the emission installation.
MCLAURIN teaches (abstract) in a similar field of invention (claim 1) the concept of data signal emitted by modulation of supply current of a source.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try modulation of supply current in order to emit data signals.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over KRAPF (US 20170317748 A1) in view of MCLAURIN et al. (US 10880005 B2) further in view of SAWADA et al. (US 5331432 A).
However, KRAPF and MCLAURIN fails to explicitly disclose:
7. (Original) The method according to claim 6, wherein the modulation of the supply current is of the SPWM type.
SAWADA teaches (abstract) in a similar field of invention, using modulation of supply current as being SPWM for use in data signals.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use SPWM in order to modulate supply current of data signals.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS E GARCIA whose telephone number is (571)270-1354. The examiner can normally be reached M-Th 9-6pm F 9-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Zimmerman can be reached at (571) 272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CARLOS E. GARCIA
Primary Examiner
Art Unit 2686
/Carlos Garcia/Primary Examiner, Art Unit 2686 4/6/2026
Prosecution Insights