DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This Office Action is in response to the aforementioned Application filed October 29, 2024. Claims 1-14 are presently pending and presented for examination.
Priority
Acknowledgement is made of applicant’s claim for foreign priority based on Korean Patent Application No. KR10-2024-0065878, filed May, 21, 2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 29, 2024, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant's arguments filed May 11, 2026 have been fully considered but they are not persuasive.
Applicant argues that the amendments to the independent claims overcome the 35 U.S.C. § 101 rejection of record. Applicant states that the currently claimed subject matter as currently amended does not merely collect or calculate information and should not be considered a mental process or information processing. Claimed subject matter is not abstract data manipulation, thus claims should be considered additional limitations which integrate the judicial exception into a practical application.
Examiner respectfully disagrees. The amended claim limitations merely serve to define data gathering steps which, while not exactly a mental process, is indeed an abstract idea and does not serve to be an additional limitation which integrates the abstract idea into a practical application. Additionally, differentiating between a static and dynamic object does recite a mental process as one who looks at the gathered data may be able to make a metal determination as to which objects are static and which are dynamic based on the data being presented.
Applicant argues that the previously relied upon references do not teach the limitations that have been newly amended into claim 1. Specifically, Applicant states that Chen does not teach clustering of data points in order to generate a clustered point cloud.
Examiner respectfully disagrees. In at least paragraphs [0031]-[0032] and [0038], Chen teaches a process for grouping radar points within frames based on a specific amount of distance the radar point has from each sample point (i.e. grouping the points which surround the sample point) which is a type of clustering algorithm for several radar points which ultimately are used to form a point cloud. Therefore, as currently written, the teachings of Chen satisfy the limitations of the claims.
Applicant argues that Chen does not teach clustering of radar points as is claimed by the claimed subject matter. Specifically, applicant states that Chen accumulates past frames and analyzes the information in order to group the radar points which introduces a processing delay which is not the same as the real-time analysis which is present in the claimed subject matter.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the vehicle-side response in an offline or communication-loss situation; the real-time processing approach of clustering radar points for emergency-response situations) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
An updated and detailed rejection follows below.
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, 5, 7-8, 12, and 14, are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Step 1 of the Subject Matter Eligibility Test entails considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter.
Claims 1-14 are directed to a system and method for generating maps based on a radar point cloud. As such, the claims are directed to statutory categories of invention.
If the claim recites a statutory category of invention, the claim requires further analysis in Step 2A. Step 2A of the Subject Matter Eligibility Test is a two-prong inquiry. In Prong One, examiners evaluate whether the claim recites a judicial exception.
Claim 1 recites abstract limitations displayed in bold below:
A driving map providing device, comprising:
a point obtainer obtaining a plurality of radar points based on a radar signal radiated from a radar mounted to a vehicle and reflected by an object, obtaining a radar point cloud by clustering the plurality of radar points based on a similarity of three-dimensional (3D) coordinate information and velocity information included in each of the plurality of radar points, and differentiating the object into a static object and a dynamic object by generating at least one of a relative velocity vector map or a radar Doppler velocity vector map based on the obtained radar point cloud;
an updater updating a precise map received from a precise map server based on the radar point cloud;
a sub map generator generating a sub map corresponding to road information to a predetermined point based on the radar point cloud when unable to receive the precise map from the precise map server; and
a determiner determining a road where the vehicle is capable of autonomous driving based on the sub map.
These limitations, as drafted, are a process that, under its broadest reasonable interpretation, cover performance of the limitations in the mind, or by a human using pen and paper, and therefore recite mental processes. A user with access to radar data from a vehicle would be able to create a new map, see the data corresponding to the different radar points, make a mental determination about the similarities between them and whether or not they are static or dynamic in order to cluster the similar ones together, and update an existing a map for the vehicle based on said radar data. Additionally, the user would be able to look at the map and make a determination as to where the vehicle can and cannot go. Thus, the claim recites an abstract idea.
If the claim recites a judicial exception in step 2A Prong One, the claim requires further analysis in step 2A Prong Two. In step 2A Prong Two, examiners evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
A driving map providing device, comprising:
a point obtainer obtaining a plurality of radar points based on a radar signal radiated from a radar mounted to a vehicle and reflected by an object, obtaining a radar point cloud by clustering the plurality of radar points based on a similarity of three-dimensional (3D) coordinate information and velocity information included in each of the plurality of radar points, and differentiating the object into a static object and a dynamic object by generating at least one of a relative velocity vector map or a radar Doppler velocity vector map based on the obtained radar point cloud;
an updater updating a precise map received from a precise map server based on the radar point cloud;
a sub map generator generating a sub map corresponding to road information to a predetermined point based on the radar point cloud when unable to receive the precise map from the precise map server; and
a determiner determining a road where the vehicle is capable of autonomous driving based on the sub map.
The functions of the point obtainer, the updater, the sub map generator, and the determiner are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using generic computer components.
The characterization of the electronic controller as a driving map providing device, amounts to merely indicating a field of use or technological environment in which to apply a judicial exception and cannot integrate the judicial exception into a practical application (see MPEP 2106.05(h)).
Accordingly, in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
If the additional elements do not integrate the exception into a practical application in step 2A Prong Two, then the claim is directed to the recited judicial exception, and requires further analysis under Step 2B to determine whether they provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself).
As discussed above, the additional elements of the point obtainer, the updater, the sub map generator, and the determiner amount to mere instructions to apply the exception. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea does not provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit).
As discussed above, the characterization of the driving map providing device, amounts to merely indicating a field of use or technological environment in which to apply a judicial exception, which does not amount to significantly more than the exception itself (see MPEP 2106.05(h)).
Thus, even when viewed as an ordered combination, nothing in the claims add significantly more (i.e. an inventive concept) to the abstract idea.
The limitations of claim 8 is comparable to the limitations of claim 1 and are therefore rejected under the same rationale.
Examiner notes that in the limitation obtaining a radar point cloud based on a radar signal radiated from a radar mounted to a vehicle and reflected by an object could alternatively be interpreted as extra-solution data gathering (if the obtaining included active receipt from a sensor). The Symantec, TLI, OIP Techs. and buySAFE court decisions cited in MPEP 2106.05(d)(II) indicate that mere collection or receipt of data over a network is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is here).
The various metrics/variables/limitations of claims 5, 7, 12, and 14, merely narrow the previously recited abstract idea limitations without recitation of any further additional elements. Therefore, tor the reasons described above with respect to claim 1, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
The characterization of the sensor types in claim 7 amount to a particular field of use.
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 nonobviousness.
Claims 1, 5, 7-8, 12 and 14, are rejected under 35 U.S.C. 103 as being unpatentable over Kulkarni et al. (US 20230324543; hereinafter Kulkarni, already of record), in view of Chen et al. (US 20250321321; hereinafter Chen, already of record), further in view of Zhou et al. (US 20220164595; hereinafter Zhou, already of record), and further in view of Kroepfl et al. (US 20210063200; hereinafter Kroepfl, already of record).
Regarding Claim 1,
Kulkarni teaches
A driving map providing device, (Kulkarni: Abstract) comprising:
a point obtainer obtaining a plurality of radar points based on a radar signal radiated from a radar mounted to a vehicle and reflected by an object; (Kulkarni: Paragraph [0029]) ... and differentiating the object into a static object and a dynamic object by generating at least one of a relative velocity vector map or a radar Doppler velocity vector map based on the obtained radar point cloud; (Kulkarni: Paragraph [0053], [0064]; “...not all targets may be beneficial for generating radar signatures in form of maps (or any other form). It can be helpful, for instance, to include static targets while removing dynamic targets and ghost targets to be able to reproduce radar signatures whenever the vehicle goes through the same region another time.” [0066]; The bolded variables within the disclosure of Kulkarni all refer to vectors.)
an updater updating a precise map received from a precise map server based on the radar point cloud; (Kulkarni: Paragraph [0043]-[0045], [0050], [0075])
...
Kulkarni does not teach a system for grouping radar points in order to generate a radar point cloud.
However in the same field of endeavor, Chen teaches
...obtaining a radar point cloud by clustering the plurality of radar points (Chen: Paragraph [0031]-[0032], [0038]) based on a similarity of three-dimensional (3D) coordinate information and velocity information included in each of the plurality of radar points,... (Chen: Paragraph [0021]; “Each point in the radar point cloud is associated with various attributes, including its location in three-dimensional space (x, y, z), its doppler (velocity toward or away from the sensor), its RCS (intensity), and its time of arrival (t).” “The signal processing circuitry 130 is further constructed and arranged to generate a radar point cloud, i.e., a three-dimensional map in which individual points represent radar detections.”; [0025]; “The tracker 150 is configured to identify objects in the radar point cloud, e.g., based on similarity of location and velocity, and to assign the objects respective identifiers.”)
It would be obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to modify the driving map system of Kulkarni with the three-dimensional coordinate information and the method for obtaining the radar point cloud of Chen for the benefit of an improved technique of identifying objects and/or object features based on radar signals. (Chen: Paragraph [0015])
Kulkarni, in view of Chen does not teach generating a sub map nor determining whether a vehicle is capable of autonomous driving based on said sub map.
However in the same field of endeavor, Zhou teaches
...
a sub map generator generating a sub map corresponding to road information to a predetermined point based on a point corresponding to the static object of the radar point cloud when unable to receive the precise map from the precise map server; (Zhou: Paragraph [0072]-[0073], [0109]) and
...
It would be obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to modify the driving map system of Kulkarni, in view of Chen, with the sub map generator of Zhou for the benefit of boosting performance of a vehicle localization system. (Zhou: Paragraph [0007])
Kulkarni, in view of Chen, and further in view of Zhou, does not teach determining if a vehicle is capable of autonomous driving based on a sub map.
However in the same field of endeavor, Kroepfl teaches
...
a determiner determining a road where the vehicle is capable of autonomous driving based on the sub map. (Kroepfl: Paragraph [0005]; “In addition, because consumer vehicles may not be equipped with the same high quality, high cost sensors, localization to the HD maps—even when available—is not capable of being performed using many sensor modalities—e.g., cameras, LiDAR, RADAR, etc.—because the quality and type of data may not align with the data used to generate the HD map.”; see also [0132] analysis of road segments to determine accessibility of neighboring segments)
...
It would be obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to modify the driving map system of Kulkarni, in view of Chen, and further in view of Zhou, with the road determination of Kroepfl for the benefit of achieving highly autonomous vehicles (e.g., Level 3, 4, and 5) autonomous vehicles that are safe and reliable. (Kroepfl: Paragraph [0005])
Regarding Claim 5,
Kulkarni, in view of Chen, further in view of Zhou, and further in view of Kroepfl, teaches
The driving map providing device of claim 4, wherein the updater updates the precise map based on a point corresponding to the static object. (Kulkarni: Paragraph [0049]-[0051], [0071], [0075]-[0076])
Regarding Claim 7,
Kulkarni, in view of Chen, further in view of Zhou, and further in view of Kroepfl, teaches
The driving map providing device of claim 1, wherein the sub map generator generates the sub map by receiving detection information from at least one sensor among a camera, an inertial measurement unit (IMU), and a global positioning system (GPS) mounted to the vehicle and further reflecting the detection information. (Kulkarni: Paragraph [0035]; Zhou: [0068])
The motivation to combine Kulkarni, Chen, Zhou, and Kroepfl, is the same as stated for Claim 1 above.
Regarding Claim 8, the claim is analogous to Claim 1 limitations and is therefore rejected under the same premise as Claim 1.
Regarding Claim 12, the claim is analogous to Claim 5 limitations and is therefore rejected under the same premise as Claim 5.
Regarding Claim 14, the claim is analogous to Claim 7 limitations and is therefore rejected under the same premise as Claim 7.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAULO ROBERTO GONZALEZ LEITE whose telephone number is (571)272-5877. The examiner can normally be reached Mon-Fri: 8:00 am - 4:30 pm.
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/P.R.L./Examiner, Art Unit 3663
/JAMES M MCPHERSON/Examiner, Art Unit 3663
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