DETAILED ACTION
1. Claims 1-11 of application 18/938,333, filed on 6-November-2024, are presented for examination. The IDSs received on 6-November-2024, 2-April-2025 and 5-September-2025 have been considered.
The present application, filed on or after 16-March-2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections under 35 U.S.C. § 102(a)(1)
2.1 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)(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.
2.2 Claims 1-5 and 9-11 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Curtis et al, USP Publication 2013/0090802.
2.3 Curtis discloses:
Claims 1, 10 and 11: A mobile object control device [¶0004] comprising:
a storage medium configured to store computer-readable instructions, and a processor connected to the storage medium [0013 (like reference characters may indicate like structure throughout the several views, and such structure need not be separately discussed.)(such structure deemed inherently necessary to perform the various functions described throughout, such as waypoint filtering, interpolation, cropping, path calculation and curve fitting (0017, 0023-0024), as well as the processing of the various modules of the system (0026))],
wherein the processor executes the computer-readable instructions to recognize a surrounding situation of a mobile object on the basis of at least an image of the surrounding situation of the mobile object [0017 (determine a distance and direction 206 from the following vehicle 102 to the pedestrian 202 through use of a LiDAR 204 on the following vehicle 102.)],
generate, on the basis of the recognized surrounding situation and a set destination, a route which is from the mobile object to the destination and is composed of via points to be passed through by the mobile object [0018 (The following vehicle 102 acquires waypoints from the leader 302 which may be a leading vehicle 104 or a pedestrian 202.); 0019],
control the mobile object so that the mobile object moves along the generated route to the destination via the via points [0023 (While the leader 302 is in motion, new waypoints will be
acquired and used to update the estimated leader traversed path 408. As the following vehicle 102 drives along the estimated leader traversed path 408, waypoints will be moved from ahead of the following vehicle 102 to behind it.)], and
when the mobile object travels toward a first via point of a plurality of via points, set a temporary destination point between the first via point and a second via point that is the next via point after the first via point [0018 (The following vehicle 102 acquires waypoints from the leader 302 which may be a leading vehicle 104 or a pedestrian 202.); 0022 (An interpolation operation may be performed to generate an intermediate waypoint 330 between waypoints 312 and 314, or any other adjacent pairs of waypoints…If a single interpolated waypoint is insufficient to fill in a region of sparsely acquired waypoints in this manner, additional interpolated waypoints may be generated. The generation of interpolated waypoints creates a more evenly distributed pattern of points which may reduce the possibility of weighting errors during the curve-fitting process.); Fig. 3], and cause the mobile object to travel toward the temporary destination point via the first via point [0014 (The autonomous following vehicle may then be driven along the calculated path.); 0017 (This determined location of the pedestrian 202 may then be used as a waypoint by the following vehicle 102 as will be described in greater detail below.); 0023 (While the leader 302 is in motion, new waypoints will be acquired and used to update the estimated leader traversed path 408. As the following vehicle 102 drives along the estimated leader traversed path 408, waypoints will be moved from ahead of the following vehicle 102 to behind it.); 0032 (Driving system 512 may be configured to control the propulsion and steering systems of the following vehicle such that the following vehicle drives along the calculated leader traversed path.)].
Claim 2: wherein, when the mobile object reaches the first via point, the processor deletes the temporary destination point, and sets a next temporary destination point between the second via point and a third via point which is the next via point after the second via point, and repeats processing of causing the mobile object to travel toward the next temporary destination point via the second via point [0018; 0019; 0020 (Waypoint 340 may instead be considered to lie outside
of an area of interest and thus be removed during a filtering operation on the acquired waypoints to improve the leader path estimation process that results in a following path represented by the curve 350); 0022 (An interpolation operation may be performed to generate an intermediate waypoint 330 between waypoints 312 and 314, or any other adjacent pairs of waypoints); 0023 (Acquired waypoints 402 lie behind the following vehicle 102 and are associated with the earlier in time estimated leader traversed path 404….While the leader 302 is in motion, new waypoints will be acquired and used to update the estimated leader traversed path 408. As the following vehicle 102 drives along the estimated leader traversed path 408, waypoints will be moved from ahead of the following vehicle 102 to behind it.); 0024 (Most, but not all, of waypoints 402 behind the following vehicle 102 may be cropped after a period of time as their usefulness in the curve fitting process going forward diminishes.)].
Claim 3: wherein the processor sets the temporary destination point when a distance between the mobile object and the first via point becomes equal to or less than a threshold value [0024 (Some of the waypoints 402, however, may be kept to maintain curve connectivity and continuity. For example, when the waypoint 402 behind the following vehicle are computed to generate 5 degrees or more of a course change to the course path 408 (calculated without waypoints 402) the waypoints 402 may be cropped in the ensuing curve fitting process.)].
Claim 4: wherein the mobile object operates in either a following mode in which the mobile object moves to follow a user [0014-0018, 0023-0025 (The present disclosure relates to autonomous vehicle following, and in particular the splining of waypoints associated with a leader and acquired by the following vehicle to estimate a path for autonomous vehicle following (0014).)], or a guidance mode in which the mobile object moves in front of the user in accordance with a movement speed of the user.
Claim 5: wherein, when the mobile object operates in the following mode, the destination is the user or a point within a predetermined range from the user [0017 (The following vehicle 102 may then determine a distance and direction 206 from the following vehicle 102 to the pedestrian 202 through use of a LiDAR 204 on the following vehicle 102….The location of the pedestrian 202 may then be determined by translating the GPS based location of the following vehicle 102 by an offset corresponding to the distance and direction 206 to the pedestrian. This determined location of the pedestrian 202 may then be used as a waypoint by the following vehicle 102); 0018 (The following vehicle 102 acquires waypoints from the leader 302 which may be a leading vehicle 104 or a pedestrian
202)].
Claim 9: wherein the second via point is the destination [0034 (the waypoints are received from the leader over a wireless communications link, having been generated by a GPS sensor located with the leader. In other embodiments, the waypoints are generated by determining the location of the following vehicle with a GPS sensor, located with the following vehicle, and determining an offset distance and direction to the leader with a LiDAR sensor. The offset distance and direction may then be used to translate the location of the following vehicle into a waypoint associated with the leader.); 0035 (the remaining path length along the following path between the current position of the following vehicle and the current position of the leader may be determined and/or updated so that a desired speed and following distance are maintained. This may be useful to prevent the following vehicle from running out of drivable path)].
Claim Objections
3. In regard to the 35 U.S.C. § 102 rejections noted above, claims 6-8 are objected to as being dependent upon a rejected base claim.
Prior Art
4. The following prior art, discovered in an updated search and herein made of record, is considered pertinent to Applicant’s disclosure, and consists of document A on the attached PTO-892 Notice of References Cited:
Documents A defines the general state of the art which is not considered to be of particular relevance.
Prior Art of Record
5. The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. The prompt development of a clear issue requires that the replies of the Applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure (see MPEP §2163.06). Applicant is reminded that the Examiner is entitled to give the Broadest Reasonable Interpretation (BRI) of the language of the claims. Furthermore, the Examiner is not limited to Applicant’s definition which is not specifically set forth in the claims. [SEE MPEP 2141.02 [R-07.2015] VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851 (1984). See also MPEP §2123].
In addition, disclosures in a reference must be evaluated for what they would fairly teach one of ordinary skill in the art [See In re Snow, 471 F.2d 1400, 176 USPQ 328 (CCPA 1973) and In re Boe, 355 F.2d 961, 148 USPQ 507 (CCPA 1966)]. Specifically, in considering the teachings of a reference, it is proper to take into account not only the specific teachings of the reference, but also the inferences that one skilled in the art would reasonably have been expected to draw from the reference [See In re Freda, 401 F.2d 825, 159 USPQ 342 (CCPA 1968) and In re Shepard, 319 F.2d 194, 138 USPQ 148 (CCPA 1963)]. Likewise, it is proper to take into consideration not only the teachings of the prior art, but also the level of ordinary skill in the art [See In re Luck, 476 F.2d 650, 177 USPQ 523 (CCPA 1973)]. Specifically, those of ordinary skill in the art are presumed to have some knowledge of the art apart from what is expressly disclosed in the references [See In re Jacoby, 309 F.2d 513, 135 USPQ 317 (CCPA 1962)].
Response Guidelines
6.1 A shortened statutory period for response to this non-final action is set to expire 3 (three) months and 0 (zero) days from the date of this letter. Unless the applicant is notified in writing that a reply is required in less than six months (see the shortened response period previously noted), a maximum period of six months is allowed, if a petition for an extension of time and the fee set in § 1.17(a) are filed [see MPEP 710 and 35 U.S.C. 133]. Failure to respond within the required period for response will cause the application to become abandoned [see MPEP 710.02, 710.02(b)].
6.2 Any response to the Examiner in regard to this non-final action should be
directed to: Russell Frejd, telephone number (571) 272-3779, Monday-Friday from 0730 to
1600 ET. If attempts to reach the examiner by telephone are unsuccessful,
please contact the examiner’s supervisor, Peter Nolan, who can be reached at
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/RUSSELL FREJD/
Primary Examiner AU 3661