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 § 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 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an
abstract idea without significantly more.
1.
A non-transitory computer-readable recording medium storing an information processing program for causing a management device of a digital twin that reproduces a real world in a virtual space to execute a process comprising:
observing a first movement amount of an object that exists in the real world;
specifying a second movement amount of an agent that corresponds to the object in the virtual space;
and executing data assimilation processing of the digital twin based on the first movement amount that has been observed and the second movement amount that has been specified.
Claim 1 Step 1:
Claim 1 is directed to a method of producing a digital twin, the method comprising: a series of steps, and is therefore directed to a process, which is one of the four statutory categories.
Claim 1 Step 2A, Prong One:
Limitation(s) 1,b,c can be performed in the human mind through observation, evaluation, judgement and opinion, with the aid of pen and paper, and is/are therefore reciting a mental process.
Claim 1 Step 2A, Prong Two:
Limitation(s) 1 a provide(s) mere instructions to implement the limitations which can be performed in the human mind, i.e., the judicial exception, on a computer, which is not indicative of integration into a practical application. See MPEP 2106.04(d) and 2106.0S(f).
Limitation(s) 1 d amount(s) to insignificant extra-solution activity of necessary data gathering/outputting, which is not indicative of integration into a practical application. See MPEP 2106.04(d) and 2106.0S(g).
Claim 1Step 2B:
The combination of these elements amount to a method comprising steps which can be performed mentally on a computer and comprising insignificant extra-solution and well-understood, routine activity. Therefore, these elements, when considered individually and in combination, fail to add an inventive concept to the claim. Consequently, claim 1 as a whole does not amount to significantly more than the recited judicial exceptions and the claim is not eligible.
2. The non-transitory computer-readable recording medium according to claim 1,
wherein an error between the first movement amount that has been observed and a second movement amount of an agent that corresponds to the object in the virtual space is specified, a movement demand of the agent in the virtual space is dynamically changed based on the error that has been specified,
and the executing of data assimilation processing includes a process of executing data assimilation processing of the digital twin between the first movement amount and the second movement amount based on the movement demand that has been changed.
Limitation(s) 2 a can be performed in the human mind through observation, evaluation, judgement and opinion, with the aid of pen and paper, and is/are therefore reciting a mental process.
Limitation(s) 2 b amount(s) to insignificant extra-solution activity of necessary data gathering/outputting.
An integration into a practical application is not substantiated from the above.
3. The non-transitory computer-readable recording medium according to claim 2,
wherein the observing of a first movement amount includes a process of observing a first movement amount of an object in a road or a passage in the real world, the specifying of an error includes a process of specifying an error between the first movement amount that has been observed and a second movement amount of an agent that corresponds to the object in a road or a passage in the virtual space,
and the executing of data assimilation processing includes a process of executing the data assimilation processing such that the first movement amount and the second movement amount coincide with each other.
Limitation(s) 3 a can be performed in the human mind through observation, evaluation, judgement and opinion, with the aid of pen and paper, and is/are therefore reciting a mental process.
Limitation(s) 3 b amount(s) to insignificant extra-solution activity of necessary data gathering/outputting.
An integration into a practical application is not substantiated from the above.
4. The non-transitory computer-readable recording medium according to claim 2,
wherein the observing of a first movement amount includes a process of detecting the object by using an image captured by a camera, and specifying a first movement amount of the object that has been detected,
and a management device of the digital twin
is caused to execute a process of simulating and calculating the second movement amount in the digital twin by using the first movement amount that has been observed.
Limitation(s) 4 a,c can be performed in the human mind through observation, evaluation, judgement and opinion, with the aid of pen and paper, and is/are therefore reciting a mental process.
Limitation(s) 4 b provide(s) mere instructions to implement the limitations which can be performed in the human mind, i.e., the judicial exception, on a computer.
An integration into a practical application is not substantiated from the above.
5. The non-transitory computer-readable recording medium according to claim 3,
wherein the observing of a first movement amount includes a process of observing, as the first movement amount, a first number of the object that has moved on a road or a passage between predetermined intersections in roads or passages in the real world,
and the specifying of an error includes a process of calculating, as the error, a first error between the first number and a second number of the agent that has moved on a road or a passage between predetermined intersections in roads or passages in the virtual space.
Limitation(s) 5 a,b can be performed in the human mind through observation, evaluation, judgement and opinion, with the aid of pen and paper, and is/are therefore reciting a mental process.
An integration into a practical application is not substantiated from the above.
6. The non-transitory computer-readable recording medium according to claim 5,
wherein the observing of a first movement amount includes a process of observing, as the first movement amount, a first ratio of the object that has moved to each branch at a predetermined intersection in roads or passages in the real world,
and the specifying of an error includes a process of calculating, as the error, a second error between the first ratio and a second ratio of the agent that has moved to each branch at a predetermined intersection in roads or passages in the virtual space.
Limitation(s) 6 a,b can be performed in the human mind through observation, evaluation, judgement and opinion, with the aid of pen and paper, and is/are therefore reciting a mental process.
An integration into a practical application is not substantiated from the above.
7. The non-transitory computer-readable recording medium according to claim 6, wherein the management device of the digital twin is configured to:
execute a process of estimating a movement amount of the object from a predetermined origin in the real world to a destination such that a weighted sum of the first error and the second error is minimized.
Limitation(s) 7 a can be performed in the human mind through observation, evaluation, judgement and opinion, with the aid of pen and paper, and is/are therefore reciting a mental process.
An integration into a practical application is not substantiated from the above.
8. The non-transitory computer-readable recording medium according to claim 3,
wherein the specifying of a second movement amount includes a process of specifying a road or a passage in a virtual space in which a road or a passage in the real world is reproduced, and specifying a second movement amount of an agent that corresponds to the object that moves on the road or passage in a virtual space that has been specified.
Limitation(s) 8 a can be performed in the human mind through observation, evaluation, judgement and opinion, with the aid of pen and paper, and is/are therefore reciting a mental process.
An integration into a practical application is not substantiated from the above.
9. The non-transitory computer-readable recording medium according to claim 3, wherein the management device of the digital twin is configured to:
in a period from after data assimilation processing of the digital twin is completed to before next data assimilation processing is executed, predict a presence or absence of abnormality in a movement amount of an object present in the real world by performing simulation in a virtual space of the digital twin by using an agent in the virtual space;
specify a road or a passage in which the abnormality is predicted when the abnormality is predicted; and cause a display device to display an image in which the road or the passage that has been specified is highlighted.
Limitation(s) 9 a,b can be performed in the human mind through observation, evaluation, judgement and opinion, with the aid of pen and paper, and is/are therefore reciting a mental process.
An integration into a practical application is not substantiated from the above.
The following claim corresponds to claim 1 and therefore inherits its rejection.
10. An information processing method
implemented by a management device of a digital twin that reproduces a real world in a virtual space, the information processing method comprising: observing a first movement amount of an object that exists in the real world;
specifying a second movement amount of an agent that corresponds to the object in the virtual space;
and executing data assimilation processing of the digital twin based on the first movement amount that has been observed and the second movement amount that has been specified.
The following claim corresponds to claim 1 and therefore inherits its rejection.
11.
A management device of a digital twin that reproduces a real world in a virtual space comprising: a memory; and a processor coupled to the memory and configured to:
observe a first movement amount of an object that exists in the real world;
specify a second movement amount of an agent that corresponds to the object in the virtual space;
and execute data assimilation processing of the digital twin based on the first movement amount that has been observed and the second movement amount that has been specified.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1,2,4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 114266864 B, Li, 2022-03-02.
1.
Lee teaches the following.
A non-transitory computer-readable recording medium storing an information processing program for causing a management device of a digital twin that reproduces a real world in a virtual space to execute a process comprising:
Page 4, Paragraph 4: one or more embodiments of the present disclosure provide a method for verifying a real state change of a real object.
To achieve the above object, one or more embodiments of the present disclosure provide the following technical solutions:
according to a first aspect of one or more embodiments of the present specification, a method for proving a real state change of a real object is provided, in which a digital twin system renders a virtual space having a twin relationship with the real space in advance by using a digital twin technique,
Page 5, Paragraph 19: According to a second aspect of one or more embodiments of the present description, there is provided a computer-readable storage medium, on which a computer program is stored, which program, when executed by a processor, implements the functionality of the real object monitoring system or the digital twin system or the blockchain system in the method of the first aspect.
Page 11, Paragraph 6: Computer-readable media, including both non-transitory and non-transitory, removable and non-removable media, may implement information storage by any method or technology.
observing a first movement amount of an object that exists in the real world;
Page 4, Paragraph 7: The real object monitoring system monitors the real state change of the real object to obtain real state change data and sends the real state change data to the digital twin system;
specifying a second movement amount of an agent that corresponds to the object in the virtual space;
Page 4, Paragraph 8: the digital twin system updates the virtual state of the virtual object in the virtual space by adopting a digital twin technology according to the real state change data, so that the virtual state of the virtual object and the real state of the real object are kept synchronous;
and executing data assimilation processing of the digital twin based on the first movement amount that has been observed and the second movement amount that has been specified.
Page 4, Paragraph 8: the digital twin system updates the virtual state of the virtual object in the virtual space by adopting a digital twin technology according to the real state change data, so that the virtual state of the virtual object and the real state of the real object are kept synchronous;
2. The non-transitory computer-readable recording medium according to claim 1,
wherein an error between the first movement amount that has been observed and a second movement amount of an agent that corresponds to the object in the virtual space is specified,
Page 6, Paragraph 1: If the real state of the real object in the real space changes, the real object monitoring can send real state change data of the real object to the digital twin platform, the digital twin platform updates the virtual state of the virtual object according to the real state change of the real object, so that the virtual state of the virtual object is kept synchronous with the real state of the real object,
Here, real state change data corresponds to a specified error.
a movement demand of the agent in the virtual space is dynamically changed based on the error that has been specified, and the executing of data assimilation processing includes a process of executing data assimilation processing of the digital twin between the first movement amount and the second movement amount based on the movement demand that has been changed.
Page 6, Paragraph 1: If the real state of the real object in the real space changes, the real object monitoring can send real state change data of the real object to the digital twin platform, the digital twin platform updates the virtual state of the virtual object according to the real state change of the real object, so that the virtual state of the virtual object is kept synchronous with the real state of the real object,
4. The non-transitory computer-readable recording medium according to claim 2, wherein the observing of a first movement amount includes a process of detecting the object by using an image captured by a camera, and specifying a first movement amount of the object that has been detected,
Page 9, Paragraph 1: For convenience of description, the physical monitoring system may be specifically an internet of things system, but this does not limit the embodiments of the present disclosure. The internet of things system can monitor the state of a real object through a sensor set deployed in a real space.
Which sensors are included in the sensor set deployed in the real space may be determined according to the monitoring requirement for the real object in the actual service. Commonly used sensors may be cameras
and a management device of the digital twin is caused to execute a process of simulating and calculating the second movement amount in the digital twin by using the first movement amount that has been observed.
Page 9, Paragraph 9: the digital twin system is used for simulating and generating a video for reflecting the virtual state change process of the virtual object;
Here the digital twin system corresponds to a management device of the digital twin.
Claim 10 corresponds to claim 1 and therefore inherits its rejection.
10. An information processing method implemented by a management device of a digital twin that reproduces a real world in a virtual space, the information processing method comprising: observing a first movement amount of an object that exists in the real world; specifying a second movement amount of an agent that corresponds to the object in the virtual space; and executing data assimilation processing of the digital twin based on the first movement amount that has been observed and the second movement amount that has been specified.
Claim 10 corresponds to claim 1 and therefore inherits its rejection.
11.A management device of a digital twin that reproduces a real world in a virtual space comprising: a memory; and a processor coupled to the memory and configured to: observe a first movement amount of an object that exists in the real world; specify a second movement amount of an agent that corresponds to the object in the virtual space; and execute data assimilation processing of the digital twin based on the first movement amount that has been observed and the second movement amount that has been specified.
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) 3,5,6,8,9 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 114266864 B, Li, 2022-03-02. in view of US 20220340153 A1, Weaver, 2021-04-22.
3. The non-transitory computer-readable recording medium according to claim 2,
Li teaches the following.
the specifying of an error includes a process of specifying an error between the first movement amount that has been observed and a second movement amount of an agent (…)
Page 6, Paragraph 1: If the real state of the real object in the real space changes, the real object monitoring can send real state change data of the real object to the digital twin platform, the digital twin platform updates the virtual state of the virtual object according to the real state change of the real object, so that the virtual state of the virtual object is kept synchronous with the real state of the real object,
(…), and the executing of data assimilation processing includes a process of executing the data assimilation processing such that the first movement amount and the second movement amount coincide with each other.
Page 4, Paragraph 8: the digital twin system updates the virtual state of the virtual object in the virtual space by adopting a digital twin technology according to the real state change data, so that the virtual state of the virtual object and the real state of the real object are kept synchronous;
Li does not teach the following.
wherein the observing of a first movement amount includes a process of observing a first movement amount of an object in a road or a passage in the real world,
Weaver does however.
[0014] Aspects of the disclosed technology address the foregoing limitations by providing solutions for adapting legacy road data (or road bag data) into a semantic format that preserves the original behaviors and intents of various agents in the recorded scene. By way of example, the semantic data can be used to represent the motion and behavior of various vehicles, and/or pedestrians in a given scene.
Weaver provides the context of a digital twin being used to represent objects on a road. It would have been obvious to one skilled in the art to introduce this element into the design of Li as this combination would allow for traffic simulation.
5. The non-transitory computer-readable recording medium according to claim 3,
Li teaches the following.
and the specifying of an error includes a process of calculating, as the error, a first error between the first number and a second number of the agent (…)
Page 6, Paragraph 1: If the real state of the real object in the real space changes, the real object monitoring can send real state change data of the real object to the digital twin platform, the digital twin platform updates the virtual state of the virtual object according to the real state change of the real object, so that the virtual state of the virtual object is kept synchronous with the real state of the real object,
Li does not teach the following.
wherein the observing of a first movement amount includes a process of observing, as the first movement amount, a first number of the object that has moved on a road or a passage between predetermined intersections in roads or passages in the real world,
Weaver does however.
[0045] The HD geospatial database 522 can store HD maps and related data of the streets upon which the AV 502 travels. In some embodiments, the HD maps and related data can comprise multiple layers, such as an areas layer, a lanes and boundaries layer, an intersections layer, (..) The intersections layer can include geospatial information of intersections (e.g., crosswalks, stop lines, turning lane centerlines and/or boundaries, etc.) and related attributes (e.g., permissive, protected/permissive, or protected only left turn lanes;
Weaver provides the context of a digital twin being used to represent objects on a road, specifically at intersections. It would have been obvious to one skilled in the art to introduce this element into the design of Li as this combination would allow for the simulation of traffic at intersections.
6. The non-transitory computer-readable recording medium according to claim 5,
Li teaches the following.
and the specifying of an error includes a process of calculating, as the error, a second error between (…)in the virtual space.
Page 6, Paragraph 1: If the real state of the real object in the real space changes, the real object monitoring can send real state change data of the real object to the digital twin platform, the digital twin platform updates the virtual state of the virtual object according to the real state change of the real object, so that the virtual state of the virtual object is kept synchronous with the real state of the real object,
Li does not teach the following.
wherein the observing of a first movement amount includes a process of observing, as the first movement amount, a first ratio of the object that has moved to each branch at a predetermined intersection in roads or passages in the real world,
Weaver does however.
[0017] FIG. 1 conceptually illustrates a recorded driving scene 100A, and a corresponding digital-twin 100B of recorded driving scene 100A. In the example of FIG. 1, recorded scene 100A includes a collection of agents operating on a roadway, e.g., vehicles 102A, 104A, a bicyclist 106A, and a pedestrian 108A. It is understood that a greater (or fewer) number of agents or traffic participants may be present in a given driving scene/scenario.
a second ratio of the agent
[0017] FIG. 1 conceptually illustrates a recorded driving scene 100A, and a corresponding digital-twin 100B of recorded driving scene 100A. In the example of FIG. 1, recorded scene 100A includes a collection of agents operating on a roadway, e.g., vehicles 102A, 104A, a bicyclist 106A, and a pedestrian 108A. It is understood that a greater (or fewer) number of agents or traffic participants may be present in a given driving scene/scenario.
Here the collection of different traffic participants in scenes 100a and 100b correspond to the first and second ratios.
Weaver provides for the recording of a collection of different traffic participants (ratio) at an intersection. It would have been obvious to one skilled in the art to introduce this element into the design of Li as this combination would allow for the simulation of traffic interactions at intersections.
8. The non-transitory computer-readable recording medium according to claim 3, wherein the specifying of a second movement amount includes
Li teaches the following as described above.
and specifying a second movement amount of an agent that (…) in a virtual space that has been specified.
Page 4, Paragraph 8: the digital twin system updates the virtual state of the virtual object in the virtual space by adopting a digital twin technology according to the real state change data, so that the virtual state of the virtual object and the real state of the real object are kept synchronous;
Weaver teaches the following as described above.
a process of specifying a road or a passage in a virtual space in which a road or a passage in the real world is reproduced,
[0014] Aspects of the disclosed technology address the foregoing limitations by providing solutions for adapting legacy road data (or road bag data) into a semantic format that preserves the original behaviors and intents of various agents in the recorded scene. By way of example, the semantic data can be used to represent the motion and behavior of various vehicles, and/or pedestrians in a given scene.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 114266864 B, Li, 2022-03-02. in view of US 20220340153 A1, Weaver, 2021-04-22 and US 20230215142 A1, Wang, 2022-01-21.
7. The non-transitory computer-readable recording medium according to claim 6,
Li teaches the following as described above.
wherein the management device of the digital twin is configured to: execute a process of estimating a movement amount of the object from a predetermined origin in the real world to a destination
Page 4, Paragraph 7: The real object monitoring system monitors the real state change of the real object to obtain real state change data and sends the real state change data to the digital twin system;
Page 4, Paragraph 8: the digital twin system updates the virtual state of the virtual object in the virtual space by adopting a digital twin technology according to the real state change data, so that the virtual state of the virtual object and the real state of the real object are kept synchronous;
Page 9, Paragraph 9: the digital twin system is used for simulating and generating a video for reflecting the virtual state change process of the virtual object;
Li in view of Weaver does not teach the following.
such that a weighted sum of the first error and the second error is minimized.
Wang does however.
[0087] In some embodiments, the method also includes adjusting a value of at least one parameter in the first parameter set, the second parameter set, and/or the third parameter set such that the weighted sum is minimized.
Wang provides a weighted sum for some parameters being minimized. It would have been obvious to one skilled in the art to introduce this element into the design of Li in view of Weaver as this combination would allow for the simulation to be made more accurate to the observed movement in the real world.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 114266864 B, Li, 2022-03-02. in view of US 20220340153 A1, Weaver, 2021-04-22 and CN 114707227 A, Fang, 2022-07-05.
9. The non-transitory computer-readable recording medium according to claim 3, wherein the management device of the digital twin is configured to:
Weaver teaches the following
road or the passage
[0014] Aspects of the disclosed technology address the foregoing limitations by providing solutions for adapting legacy road data (or road bag data) into a semantic format that preserves the original behaviors and intents of various agents in the recorded scene. By way of example, the semantic data can be used to represent the motion and behavior of various vehicles, and/or pedestrians in a given scene.
Li teaches the following.
in a period from after data assimilation processing of the digital twin is completed to before next data assimilation processing is executed,
Page 4, Paragraph 7: the digital twin system updates the virtual state of the virtual object in the virtual space by adopting a digital twin technology according to the real state change data, so that the virtual state of the virtual object and the real state of the real object are kept synchronous;
One skilled in the art would appreciate that digital twin synchronization is a continuous process. It is therefore implicit that such a period between synchronizations (assimilations) would occur in the method of Li.
Li in view of Weaver does not teach the following.
predict a presence or absence of abnormality in a movement amount of an object present in the real world by performing simulation in a virtual space of the digital twin by using an agent in the virtual space;
Fang does, however.
Page 3, paragraph 5: the method comprises the steps of carrying out visual and convenient information abnormity sensing and diagnosis, online evaluation of structural safety and system working state, accurate prediction of dam safety state and early warning of accident consequence on an objective physical dam through a digital twin dam, and providing a water level control suggestion, an anti-seismic control suggestion and a danger removal reinforcement suggestion for alarm elimination according to early warning data.
specify (…) the abnormality (…) when the abnormality is predicted;
Page 7, Paragraph12: Further, the dam safety early warning according to the analysis result comprises the following steps:
judging whether the dam is safe;
if the dam is safe, the dam safety state information is stored and used for performing instant visual display under the timing or query condition;
otherwise, obtaining an estimation result of the dangerous consequence through forward calculation and disaster chain analysis, visually displaying the estimation result of the dangerous consequence, and carrying out dam safety early warning according to the grade and severity of the dangerous consequence; the forward calculation and disaster chain analysis comprises dam break flood analysis, flood inundation analysis and loss assessment integrated sequential analysis
and cause a display device to display an image in which the (…) specified is highlighted.
otherwise, obtaining an estimation result of the dangerous consequence through forward calculation and disaster chain analysis, visually displaying the estimation result of the dangerous consequence, and carrying out dam safety early warning according to the grade and severity of the dangerous consequence; the forward calculation and disaster chain analysis comprises dam break flood analysis, flood inundation analysis and loss assessment integrated sequential analysis
Fang provides the use of a digital twin to predict and specify abnormalities as well as displaying the specified result. It would have been obvious to one skilled in the art to introduce these elements into the design of Li in view of Weaver as this combination would allow abnormalities to be anticipated, in turn allowing for future prevention
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Luke Absher whose telephone number is (571) 270-1057. The examiner can normally be reached M-F: 8:00 am - 4:00 pm. Examiner interviews are available via telephone, in person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the US PTO Automated Interview Request (AIR) at http:/ /www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Kevin Young can be reached at 571-270-3180.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https:/ /patentcenter.uspto.gov. Visit https:/ /www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786 9199 (IN USA OR CANADA) or 571-272-1000.
/LUCAS DONALD ABSHER/
Examiner, Art Unit 2194
/KEVIN L YOUNG/Supervisory Patent Examiner, Art Unit 2194
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