DETAIL ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice on Prior Art Rejections
2. 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 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.
Status of Claims
3. This Office Action is in response to the Applicant's application filed October 23, 2024. Claims 2-21 are presently pending and are presented for examination.
Continuation Application
4. This application is a continuation application of U.S. Application 15/416,361, filed 01/26/2017, now U.S. Patent # 10,528,051. See MPEP §201.07. In accordance with MPEP §609.02 A. 2 and MPEP §2001.06(b) (last paragraph), the Examiner has reviewed and considered the prior art cited in the Parent Application. Also in accordance with MPEP §2001.06(b) (last paragraph), all documents cited or considered ‘of record’ in the Parent Application are now considered cited or ‘of record’ in this application. Additionally, Applicant(s) are reminded that a listing of the information cited or ‘of record’ in the Parent Application need not be resubmitted in this application unless Applicant(s) desire the information to be printed on a patent issuing from this application. See MPEP §609.02 A. 2. Finally, Applicant(s) are reminded that the prosecution history of the Parent Application is relevant in this application. See e.g., Microsoft Corp. v. Multi-Tech Sys., Inc., 357 F.3d 1340, 1350, 69 USPQ2d 1815, 1823 (Fed. Cir. 2004) (holding that statements made in prosecution of one patent are relevant to the scope of all sibling patents).
Nonstatutory Double Patenting
5. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 10,528,051. Although the claims at issue are not identical, they are not patentably distinct from each other because they disclosed the same subject matter.
Claims 3-11 depend from claim 2 and therefore include the same limitation as claim 2 so they are rejected for the same reasons.
Claim 12 contains similar limitations as claim 2 so it is rejected for similar reasons.
Claims 13-21 depend from claim 12, and therefore include the same limitations as claim 12, so they are rejected for the same reasons.
18/924,425 (Current Application)
Patent No 10,528,051
Claim 2: A method comprising: receiving, by data processing hardware of a legged robot, sensor data indicating topographical features of an environment about the legged robot;
Claim 15: A method comprising: receiving, by a control system from a sensor, sensor data that indicates a topographical feature of an environment in which a robotic device is operating;
determining, by the data processing hardware, for a foot of the legged robot, a first step path for the foot extending from a first lift-off location of the foot to a first touch-down location of the foot;
based on the sensor data, generating, by the control system, a topographical map that includes a plurality of cells that indicate sample heights of the topographical feature, each cell of the plurality of cells indicating two or more respective sample heights and a respective standard deviation of the respective sample heights;
determining, by the data processing hardware, using the sensor data indicating topographical features of the environment, a high point along the first step path;
determining, by the control system, a first high point corresponding to a highest sample height and the respective standard deviation of the respective sample heights indicated by one or more cells of the plurality of cells of the topographical map, wherein the one or more cells of the plurality of cells encompass a first step path through which a first foot of the robotic device is to travel;
and controlling, by the data processing hardware, the foot of the legged robot to lift to a first swing height for the first step path, the first swing height greater than the high point.
and while the robotic device is carrying out the first step path: determine whether the first high point is greater than a threshold obstacle height, the threshold obstacle height corresponding to a minimum height in the environment that causes interference with a nominal swing height of the first foot;
and when the first high point is greater than the threshold obstacle height, cause, by the control system, the robotic device to lift the first foot from a support surface to a first swing height that is higher than the first high point, swing the first foot forward, and lower the first foot to the support surface.
Claim Rejections - 35 USC § 103
6. 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 of this title, 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.
7. Claims 2-21 are rejected under 35 U.S.C 103 as being unpatentable over Gutmann et al, US 2006/0025888, in view of Lewis et al, US 2005/0065650, hereinafter referred to as Gutmann and Lewis, respectively.
Regarding claim 2, Gutmann discloses a method comprising:
receiving, by data processing hardware of a legged robot, sensor data indicating topographical features of an environment about the legged robot (See at least fig 1-37, ¶ 19, 23, 24, 62, 63, 22, “an environment map building apparatus for building a three-dimensional environment map to be used for three dimensionally determining a region allowing a moving body to move therein according to external environment conditions, the apparatus comprising: an external environment conditions detecting means for detecting external environment conditions”), (the examiner interprets a topographical feature as an example of external environment condition);
determining, by the data processing hardware, for a foot of the legged robot, a first step path for the foot extending from a first lift-off location of the foot to a first touch-down location of the foot (See at least See at least fig 1-37, ¶ 127, 6, “The detected plane can be used, for example, by the mobile robot apparatus for avoiding obstacles and stepping up and down on staircases as well as for other purposes”);
determining, by the data processing hardware, using the sensor data indicating topographical features of the environment, a high point along the first step path (See at least See at least fig 1-37, ¶ 143, 23, “a relative-to- base-plane height map building means for building a relative-to-base-plane height map showing heights from a two-dimensional base plane on the basis of the external environment conditions detected by the external environment conditions detecting means”); and
controlling, by the data processing hardware, the foot of the legged robot to lift to a first swing height for the first step path, the first swing height greater than the high point (See at least See at least fig 1-37, ¶ 94, “ route determining section (path planner) 7 for controlling action commands for determining the moving route or the like of the robot apparatus 201 on the basis of the environment map data D5 from the environment map building section 4 and the robot attitude data from the robot attitude updating section 7 in addition to the stereovision system 2, the plane detector 3 and the environment map building section 4”),
Gutmann fails to explicitly disclose the first swing height greater than the high point.
However, Lewis teaches the first swing height greater than the high point (See at least fig 1-13, ¶ 18, 40, 42, 60, “when an obstacle is detected at a distance along the intended path the robot 21 will gradually adjust its stride length prior to encountering the obstacle 20 in order to be able to step at a sufficient height at the correct time from a suitable location”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Gutmann and include the first swing height greater than the high point as taught by Lewis because it would allow the robot to adjust its stride length prior to encountering the obstacle 20 in order to be able to step at a sufficient height at the correct time from a suitable location (See at least Lewis, ¶ 60).
Regarding claim 3, Gutmann discloses the method of claim 2, further comprising selecting the first swing height based on a gait of the legged robot (See at least fig 1-37, ¶ 23, 94, 20, 95, “robot apparatus can take actions that may typically include an action of stepping up a staircase, a walking action and an action of searching a moving route by using the environment map”).
Regarding claim 4, Gutmann discloses the method of claim 2, further comprising selecting the first swing height based on a speed of the legged robot (See at least fig 1-37, ¶ 94, 20, 95, 23, “a movement control means for autonomously determining the moving route, using the map information modified by the height map information modifying means as environment map and controlling the moving actions”).
Regarding claim 5, Gutmann discloses the method of claim 2, further comprising: sensing, by the data processing hardware, an obstacle in a second step path for the foot; determining, by the data processing hardware, using the sensor data indicating topographical features of the environment, that an obstacle height of the obstacle does not exceed the first swing height; and controlling, by the data processing hardware, the foot of the legged robot to lift to the first swing height for the second step path (See at least fig 1-37, ¶ 6, 94, 127, 143, 23, 22, “environment map building apparatus for building a three-dimensional environment map to be used for three dimensionally determining a region allowing a moving body to move therein according to external environment conditions, the apparatus comprising: an external environment conditions detecting means for detecting external environment conditions”).
Regarding claim 6, Gutmann discloses the method of claim 2, wherein the first swing height is a clearance margin above the high point (See at least fig 1-37, ¶ 6, 20, 94, 127, 143, 23, 22, 122, “FIG. 23 is a schematic illustration of a threedimensional grid to each of whose cells an obstacle existence probability is given. The three-dimensional grid is formed by cells, each having a horizontal resolution of four centimeters and a vertical resolution of one centimeter. For the purpose of convenience, it shows a region same as that of the real space”).
Regarding claim 7, Gutmann discloses the method of claim 6, further comprising: obtaining, by the data processing hardware, a plurality of samples of the high point; and selecting, by the data processing hardware, the clearance margin based on a standard deviation of the plurality of samples (See at least fig 1-37, ¶ 6, 94, 127, 143, 23, 22, 122, 143, 135, “If the occupancy probability of the cell of the three-dimensional grid that corresponds to the point of measurement p is greater than the threshold value th and indicates the existence
of an obstacle (Step S26; yes), it updates the corresponding cell (i, j) of 2.5-D height map with the height information h (Step S27).”).
Regarding claim 8, Gutmann discloses the method of claim 2, wherein the first swing height corresponds to a maximum height above ground for the foot along the first step path (See at least fig 1-37, ¶ 6, 94, 127, 143, 23, 22, 122, 143, 135, 123, “The height map verifying section 42 of the environment map building apparatus 1 builds a 2.5-D height map formed by applying height information to the cells of the 2.5-D height map as analog information and verifies the
2.5-D height map, using the occupancy probability data ( obstacle existence probability data) of each of the cells obtained from the three-dimensional grid”).
Regarding claim 9, Gutmann discloses the method of claim 2, further comprising generating, by the data processing hardware, a topographical map based on the sensor data (See at least fig 1-37, ¶ 6, 94, 127, 143, 23, 22, 122, 143, 135, 123, 19, “an environment map building method for building a three-dimensional environment map to be used for threedimensionally determining a region allowing a moving body to move therein according to external environment conditions, the method comprising: an external environment conditions detecting step of detecting external environment conditions; a three-dimensional map building step of building
a three-dimensional map showing the state of occupancy of a three-dimensional grid”).
Regarding claim 10, Gutmann discloses the method of claim 9, wherein the topographical map comprises a matrix of cells each indicating a sample height of the environment in the cell (See at least fig 1-37, ¶ 6, 94, 127, 143, 23, 22, 122, 143, 135, 123, 19, 15, “One of the cells S of the grid G410 corresponds to a grating 1 when the surrounding environment of the mobile robot is divided and expressed by a predetermined resolution. Assume here, as an example, that
a space of a four meters cube is divided into a horizontal resolution of four centimeters. For the convenience of description, the cells are referred to as S1, S2, ... , Sn from an end of the visual field region”).
Regarding claim 11, Gutmann discloses the method of claim 10, further comprising: identifying, by the data processing hardware, a plurality of cells of the topographical map encompassed by the first step path for the foot; and determining, by the data processing hardware, the first swing height based on the sample heights indicated by the plurality of cells (See at least fig 1-37, ¶ 6, 94, 127, 143, 23, 22, 122, 143, 135, 123, 19, 15, 67, “a three-dimensional environment map as a set of unit grids (to be referred to cells hereinafter), each cell corresponding to a box-shaped space that is horizontally four centimeters long and four centimeters wide to provide a horizontal resolution of four centimeters but one centimeter
high to provide a vertical resolution of one centimeter. The three-dimensional grid updating section 41 assigns a probability with which each cell is occupied by an object and modifies the probability of occupation of each cell on the basis of observation data”).
Regarding claim 12, Gutmann discloses a legged robot comprising:
a plurality of legs including a first leg having a foot (See at least fig 1-37, ¶ 23, 22, 3, “a mobile robot apparatus having a moving means such as legs and adapted to move, recognizing the obstacles within an environment where it is located”); and
a control system in communication with the plurality of legs, the control system comprising data processing hardware configured to perform operations comprising: receiving sensor data indicating topographical features of an environment about the legged robot (See at least fig 1-37, ¶ 18, 19, 23, 22, “an environment map building apparatus for building a three-dimensional environment map to be used for three dimensionally determining a region allowing a moving body to move therein according to external environment conditions, the apparatus comprising: an external environment conditions detecting means for detecting external environment conditions”), (the examiner interprets a topographical feature as an example of external environment condition);
determining a first step path for the foot extending from a first lift-off location of the foot to a first touch-down location of the foot (See at least See at least fig 1-37, ¶ 127, 6, “The detected plane can be used, for example, by the mobile robot apparatus for avoiding obstacles and stepping up and down on staircases as well as for other purposes”);
determining, using the sensor data indicating topographical features of the environment, a high point along the first step path (See at least See at least fig 1-37, ¶ 143, 23, “a relative-to- base-plane height map building means for building a relative-to-base-plane height map showing heights from a two-dimensional base plane on the basis of the external environment conditions detected by the external environment conditions detecting means”); and
controlling the foot of the legged robot to lift to a first swing height for the first step path, the first swing height greater than the high point (See at least See at least fig 1-37, ¶ 94, “ route determining section (path planner) 7 for controlling action commands for determining the moving route or the like of the robot apparatus 201 on the basis of the environment map data D5 from the environment map building section 4 and the robot attitude data from the robot attitude updating section 7 in addition to the stereovision system 2, the plane detector 3 and the environment map building section 4”),
Gutmann fails to explicitly disclose the first swing height greater than the high point.
However, Lewis teaches the first swing height greater than the high point (See at least fig 1-13, ¶ 18, 40, 42, 60, “when an obstacle is detected at a distance along the intended path the robot 21 will gradually adjust its stride length prior to encountering the obstacle 20 in order to be able to step at a sufficient height at the correct time from a suitable location”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Gutmann and include the first swing height greater than the high point as taught by Lewis because it would allow the robot to adjust its stride length prior to encountering the obstacle 20 in order to be able to step at a sufficient height at the correct time from a suitable location (See at least Lewis, ¶ 60).
Regarding claim 13, Gutmann discloses the legged robot of claim 12, wherein the operations further comprise selecting the first swing height based on a gait of the legged robot (See at least fig 1-37, ¶ 23, 94, 20, 95, “robot apparatus can take actions that may typically include an action of stepping up a staircase, a walking action and an action of searching a moving route by using the environment map”).
Regarding claim 14, Gutmann discloses the legged robot of claim 12, wherein the operations further comprise selecting the first swing height based on a speed of the legged robot (See at least fig 1-37, ¶ 94, 20, 95, 23, “a movement control means for autonomously determining the moving route, using the map information modified by the height map information modifying means as environment map and controlling the moving actions”).
Regarding claim 15, Gutmann discloses the legged robot of claim 12, wherein the operations further comprise: sensing an obstacle in a second step path for the foot; determining, using the sensor data indicating topographical features of the environment, that an obstacle height of the obstacle does not exceed the first swing height; and controlling the foot of the legged robot to lift to the first swing height for the second step path (See at least fig 1-37, ¶ 6, 94, 127, 143, 23, 22, “environment map building apparatus for building a three-dimensional environment map to be used for three dimensionally determining a region allowing a moving body to move therein according to external environment conditions, the apparatus comprising: an external environment conditions detecting means for detecting external environment conditions”).
Regarding claim 16, Gutmann discloses the legged robot of claim 12, wherein the first swing height is a clearance margin above the high point (See at least fig 1-37, ¶ 6, 20, 94, 127, 143, 23, 22, 122, “FIG. 23 is a schematic illustration of a threedimensional grid to each of whose cells an obstacle existence probability is given. The three-dimensional grid is formed by cells, each having a horizontal resolution of four centimeters and a vertical resolution of one centimeter. For the purpose of convenience, it shows a region same as that of the real space”).
Regarding claim 17, Gutmann discloses the legged robot of claim 16, wherein the operations further comprise: obtaining a plurality of samples of the high point; and selecting the clearance margin based on a standard deviation of the plurality of samples (See at least fig 1-37, ¶ 6, 94, 127, 143, 23, 22, 122, 143, 135, “If the occupancy probability of the cell of the three-dimensional grid that corresponds to the point of measurement p is greater than the threshold value th and indicates the existence of an obstacle (Step S26; yes), it updates the corresponding cell (i, j) of 2.5-D height map with the height information h (Step S27).”).
Regarding claim 18, Gutmann discloses the legged robot of claim 12, wherein the first swing height corresponds to a maximum height above ground for the foot along the first step path (See at least fig 1-37, ¶ 6, 94, 127, 143, 23, 22, 122, 143, 135, 123, “The height map verifying section 42 of the environment map building apparatus 1 builds a 2.5-D height map formed by applying height information to the cells of the 2.5-D height map as analog information and verifies the 2.5-D height map, using the occupancy probability data ( obstacle existence probability data) of each of the cells obtained from the three-dimensional grid”).
Regarding claim 19, Gutmann discloses the legged robot of claim 12, wherein the operations further comprise generating a topographical map based on the sensor data (See at least fig 1-37, ¶ 6, 94, 127, 143, 23, 22, 122, 143, 135, 123, 19, “an environment map building method for building a three-dimensional environment map to be used for threedimensionally determining a region allowing a moving body to move therein according to external environment conditions, the method comprising: an external environment conditions detecting step of detecting external environment conditions; a three-dimensional map building step of building
a three-dimensional map showing the state of occupancy of a three-dimensional grid”).
Regarding claim 20, Gutmann discloses the legged robot of claim 19, wherein the topographical map comprises a matrix of cells each indicating a sample height of the environment in the cell (See at least fig 1-37, ¶ 6, 94, 127, 143, 23, 22, 122, 143, 135, 123, 19, 15, “One of the cells S of the grid G410 corresponds to a grating 1 when the surrounding environment of the mobile robot is divided and expressed by a predetermined resolution. Assume here, as an example, that a space of a four meters cube is divided into a horizontal resolution of four centimeters. For the convenience of description, the cells are referred to as S1, S2, ... , Sn from an end of the visual field region”).
Regarding claim 21, Gutmann discloses the legged robot of claim 20, wherein the operations further comprise: identifying a plurality of cells of the topographical map encompassed by the first step path for the foot; and determining, by the data processing hardware, the first swing height based on the sample heights indicated by the plurality of cells (See at least fig 1-37, ¶ 6, 94, 127, 143, 23, 22, 122, 143, 135, 123, 19, 15, 67, “a three-dimensional environment map as a set of unit grids (to be referred to cells hereinafter), each cell corresponding to a box-shaped space that is horizontally four centimeters long and four centimeters wide to provide a horizontal resolution of four centimeters but one centimeter high to provide a vertical resolution of one centimeter. The three-dimensional grid updating section 41 assigns a probability with which each cell is occupied by an object and modifies the probability of occupation of each cell on the basis of observation data”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS A MARTINEZ BORRERO whose email is luis.martinezborrero@uspto.gov and telephone number is (571)272-4577. The examiner can normally be reached on M-F 8:00-5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, HUNTER LONSBERRY can be reached on (571)272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LUIS A MARTINEZ BORRERO/Primary Examiner, Art Unit 3665