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 .
DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 3/30/2026 with respect to the rejections of claims 7 - 9 & 11 - 12 under 35 USC 101 have been fully considered but they are not persuasive. Applicant asserts:
Under Step 2A, prong 2, the independent claim 7 integrate a judicial exception into a practical application. Specifically, "localizing the vehicle on the first road or the second road based at least in part on the local map number of lanes for the vehicle location signal, the first number of lanes, and the second number of lanes" is an improvement the technology field of vehicle localization as discussed in MPEP 2106.04(d). Localization of a vehicle using GNSS signals is a technical problem that the technical solutions defined by the claims solve. The above mentioned feature increases an accuracy of the localization of a vehicle on a map compared to previous methods. This is further supported by [0029] - [0032] of the disclosure.
Furthermore, under Step 2A, prong 2, the independent amended claim 7 recites "generating, from the sensor data, a local map comprising a local map number of lanes for the vehicle location signal" which amounts to a transformation or reduction of a particular article to a different state or thing as discussed in MPEP 2106.04(d). The transformation of sensor data into a local map allows for the comparison of the local map to a SD map which is then used to localize the vehicle on a road. This is further supported by [0029] of the disclosure.
Examiner respectfully disagrees. While the steps of the claim may result in a more accurate localization of the vehicle, Examiner respectfully asserts that the steps of the claim encompass a mental process that could be entirely performed in the human mind through the comparison of data. The steps are not intrinsically tied to any particular machine or article of manufacture, nor would the steps be required to be performed with such, and thus the Examiner respectfully asserts that the claimed invention cannot be considered to improve a specific technical field, or be directed to substantially more than the mental process itself. Regarding the limitations of generating a local map from sensor data, Examiner respectfully asserts that the limitations merely comprise the conversion of data from one format to another, which is a mental process under the broadest reasonable interpretation of the claim. Further, the local map data generated merely appears to be used for evaluation in determining a localization of the vehicle, and would encompass the gathering of data for use in the mental process of determining a vehicle location, which is insignificant extra-solution activity that does not render the claim patent-eligible. Claims 8, 9, 11, & 12 are similarly rejected under 35 USC 101 for at least the reasons set forth below with respect to the specific claim(s). Thus, Applicant’s arguments with respect to 35 USC 101 are not persuasive.
Applicant’s arguments with respect to claim(s) 1 - 3, 5 - 9, 11 - 16, & 18 - 20 under 35 USC 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 7 – 9, 11, & 12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
The determination of whether a claim recites patent ineligible subject matter is a 2 step inquiry.
STEP 1: the claim does not fall within one of the four statutory categories of invention (process, machine, manufacture or composition of matter), see MPEP 2106.03, or
STEP 2: the claim recites a judicial exception, e.g. an abstract idea, without reciting additional elements that amount to significantly more than the judicial exception, as determined using the following analysis: see MPEP 2106.04
STEP 2A (PRONG 1): Does the claim recite an abstract idea, law of nature, or natural phenomenon? see MPEP 2106.04(II)(A)(1)
STEP 2A (PRONG 2): Does the claim recite additional elements that integrate the judicial exception into a practical application? see MPEP 2106.04(II)(A)(2) and 2106.05(a) thru (d) for explanations.
STEP 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception? see MPEP 2106.05
101 Analysis – Step 1
Claim 7 is directed to a vehicle configured to localize itself based on input data (i.e., a machine). Therefore, claim 7 is within at least one of the four statutory categories.
101 Analysis – Step 2A, Prong I
Regarding Prong I of the Step 2A analysis, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the follow groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes. see MPEP 2106(A)(II)(1) and MPEP 2106.04(a)-(c)
Independent claim 7 includes limitations that recite an abstract idea (emphasized below [with the category of abstract idea in brackets]) and will be used as a representative claim for the remainder of the 101 rejection. Claim 7 recites:
A vehicle comprising:
one or more processors; one or more sensors; and a non-transitory memory storing instructions that, when executed by the one or more processors, configure the vehicle to:
receive map data comprising a first road having a first number of lanes and a second road having a second number of lanes;
receive sensor data from the one or more sensors of the vehicle;
receive a vehicle location signal;
in response to the receipt of the vehicle location signal, generate, from the sensor data, a local map comprising a local map number of lanes for the vehicle location signal; and [mental process/step]
localize the vehicle on the first road or the second road based at least in part on the local map number of lanes for the vehicle location signal, the first number of lanes, the second number of lanes, a distance between a location provided by the vehicle location signal, the first road and the second road, and a local map speed limit. [mental process/step]
The examiner submits that the foregoing bolded limitation(s) constitute a "mental process" because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind. For example, "in response… generate..." in the context of this claim encompasses a person looking at data collected and forming a simple judgement as to the number of lanes in the sensor data provided based on a determination that information has been received. Further, "localize..." in the context of the claim encompasses a person looking at generated lane data and map data regarding a number of lanes, as well as local map speed limit information, and forming a simple judgement as to the position of the vehicle based on said information. Accordingly, the claim recites at least one abstract idea.
101 Analysis – Step 2A, Prong II
Regarding Prong II of the Step 2A analysis, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into a practical application. see MPEP 2106.04(II)(A)(2) and MPEP 2106.04(d)(2). It must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” [with a description of the additional limitations in brackets], while the bolded portions continue to represent the “abstract idea”.):
A vehicle comprising: [generic linking to technical field, 2106.05(h)]
one or more processors; one or more sensors; and a non-transitory memory storing instructions that, when executed by the one or more processors, configure the vehicle to: [applying the abstract idea using generic computing modules/sensors, Apply it 2106.05(f)]
receive map data comprising a first road having a first number of lanes and a second road having a second number of lanes; [pre-solution activity (data gathering) 2106.05(g)]
receive sensor data from the one or more sensors of the vehicle; [pre-solution activity (data gathering) 2106.05(g), using generic sensors, generic link to technical field, 2106.05(h)]
receive a vehicle location signal; [pre-solution activity (data gathering) 2106.05(g)]
in response to the receipt of the vehicle location signal, generate, from the sensor data, a local map comprising a local map number of lanes for the vehicle location signal; and
localize the vehicle on the first road or the second road based at least in part on the local map number of lanes for the vehicle location signal, the first number of lanes, the second number of lanes, a distance between a location provided by the vehicle location signal, the first road and the second road, and a local map speed limit.
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the additional limitations of "one or more processors...," "receive map data...," "receive sensor data..." and "receive a vehicle location signal," the examiner submits that these limitations are insignificant extra-solution activities that merely use a computer to perform the process. In particular, the "receive map data...," "receive sensor data...," and "receive a vehicle location signal" limitations are recited at a high level of generality (i.e. as a general means of gathering map, sensor, and location data for use in the vehicle localization), and amounts to mere data gathering, which is a form of insignificant extra-solution activity. Further, the "one or more processors; and a non-transitory memory storing instructions..." are recited at a high-level of generality (i.e., as generic computer components performing data processing functions) such that it amounts no more than mere instructions to apply the exception using generic computer components, and the "one or more sensors..." similarly recite the mere application of the sensor data acquisition through generic components, which merely recites instructions to apply the exception in a general field of use.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception. see MPEP § 2106.05. Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
101 Analysis – Step 2B
Regarding Step 2B of the Revised Guidance, representative independent claim 1 does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a vehicle controller to perform the steps of the mental process amounts to nothing more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. And as discussed above, the additional limitations of "receive map data...," "receive sensor data..." and "receive a vehicle location signal," the examiner submits that these limitations are insignificant extra-solution activities.
Dependent claim(s) 8, 9, 11, & 12 do not recite any further limitations that cause the claim(s) to be patent eligible. Rather, the limitations of dependent claims are directed toward additional aspects of the judicial exception and do not integrate the judicial exception into a practical application. Specifically:
Claim 8 recites wherein selecting the first road or the second road for localization is based on a comparison between the local map number of lanes for the vehicle location signal, the first number of lanes, and the second number of lanes, which is a mental process of evaluating data and forming a simple judgement under the broadest reasonable interpretation of the claim.
Claim 9 recites wherein a difference between the local map number of lanes and first number of lanes and the second number of lanes affects the localization of the vehicle on the map, which is a mental process of evaluating data and forming a simple judgement under the broadest reasonable interpretation of the claim.
Claim 11 recites wherein the vehicle location signal comprises a global navigation satellite system (GNSS) signal, which merely recites data gathering using a generic sensor well known in the art, which is insignificant extra-solution activity under the broadest reasonable interpretation of the claim.
Claim 12 recites wherein the vehicle is localized on the map for each vehicle location signal of a plurality of vehicle location signals, which merely recites instructions to generally perform the mental process for each location received.
Therefore, dependent claims 8, 9, 11, & 12 are not patent eligible under the same rationale as provided for in the rejection of Independent Claim 7.
Therefore, claim(s) 7 – 9, 11, & 12 is/are ineligible under 35 USC §101.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 - 3, 5 - 9, 11 - 16, & 18 - 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia (CN 111967301 B) in view of Han (EP 3901826 A2) and Hata (US 2021/0304598 A1).
Regarding Claim 1:
Xia discloses: A method of localizing a vehicle on a map, the method comprising: (Xia discloses in at least Paragraphs 0049, 0058, & 0081 a positioning and navigation method for a parallel road environment, including the mapping of a road surface to identify a number of lanes, which are compared to map data to position the vehicle on the roadway [i.e. a method for localizing the vehicle on a map])
receiving map data comprising a first road having a first number of lanes and a second road having a second number of lanes; (Xia discloses in at least Paragraphs 0047 & 0048 wherein a navigation electronic map may be provided at the electronic device, which may include navigation data for a parallel road scene as disclosed in at least Paragraphs 0080 & 0081 [i.e. map data is received] such as road coordinates and number of lanes contained in the road. At least Paragraph 0080 of Xia discloses wherein the parallel road scene contained in the navigation data may include a main and auxiliary road, each having their own corresponding number of lanes [i.e. a first road having a first number of lanes and a second road having a second number of lanes])
receiving sensor data from one or more sensors of the vehicle; receiving a vehicle location signal; (Xia discloses in at least Paragraphs 0016 & 0053 wherein a first acquisition module that may comprise a camera or driving recorder [i.e. a sensor] may acquire road image data ahead of the vehicle [i.e. sensor data from the one or more sensors]. Xia further discloses in at least Paragraph 0048 wherein the vehicle real-time position may be obtained, and used in combination with a map to determine if a vehicle is about to enter a preset traffic scene [i.e. a vehicle location signal is received])
in response to receiving the vehicle location signal, generating, from the sensor data, a local map comprising a local map number of lanes for the vehicle location signal; and (Xia discloses in at least Paragraphs 0056 – 0058 wherein the image data [i.e. sensor data] may be analyzed to obtain traffic element information in the image, including calculating the number of lanes present on the road where the vehicle is travelling based on the number of lane lines detected in the image [i.e. generating a local map comprising a local map number of lanes for the vehicle location signal]. At least Paragraphs 0048, 0051, & 0052 of Xia disclose wherein based on the position of the vehicle acquired, a determination is made regarding if the vehicle is about to enter a traffic scene, following which image data is acquired and analyzed [i.e. the local map is generated in response to receiving the vehicle location signal])
localizing the vehicle on the first road or the second road based at least in part on the local map number of lanes for the vehicle location signal, the first number of lanes, the second number of lanes (Xia discloses in at least Paragraphs 0079 & 0080 wherein the number of lanes in the positioning auxiliary information [i.e. the local map number of lanes obtained from the sensor data], as well as the number of lanes of the main and auxiliary road in the navigation data [i.e. the first and second number of lanes] are used to determine whether the road that the vehicle is currently traveling on is the main road or the auxiliary road of the parallel road [i.e. localizing the vehicle on the first road or the second road based at least in part on the local map number of lanes for the vehicle location signal, the first number of lanes, and the second number of lanes])
Xia however appears to be silent regarding:
localizing the vehicle on the first road or the second road based at least in part on a distance between a location provided by the vehicle location signal, the first road and the second road, and
localizing the vehicle on the first road or the second road based at least in part on a local map speed limit; and
autonomously navigating the vehicle based at least in part on the localization of the vehicle on the map.
However Han teaches wherein a vehicle may be determined to be on one of two parallel roads based on the distance between the current position of the vehicle and reference lines corresponding to first and second parallel roads.
localizing the vehicle on the first road or the second road based at least in part on a distance between a location provided by the vehicle location signal, the first road and the second road, and (However Han teaches in at least Paragraphs 0049 & 0051 – 0053 wherein a probability of a vehicle being positioned in either of two parallel roads is based on a distance between the current position of the vehicle [i.e. a location provided by the vehicle location signal] and the reference lines of the first and second parallel roads [i.e. the locations of the first and second roads], as depicted in Figures 3 & 4 of Han, below, with a target road being determined based on the road determined to have the greater probability based on said distance [i.e. localizing the vehicle on the first road or the second road is further based at least in part on a distance between a location provided by the vehicle location signal, the first road and the second road])
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Xia by incorporating the localization of the vehicle to a first or second road based on distances between a location of the vehicle and reference lines of the first and second roads as taught by Han.
The motivation to do so is that, as acknowledge by Han in at least Paragraphs 0049 & 0053, a probability of each road being the target road may be established based on the proximity of the vehicle to approximations of the position of each road, improving he determination of travel road of the vehicle.
However Hata teaches wherein the speed limit detected by a camera of a vehicle may be compared to map speed limits in order to determine a traveling road, based on which a vehicle is autonomously operated.
localizing the vehicle on the first road or the second road based at least in part on a local map speed limit; and (However Hata teaches in at least Paragraphs 0078 & 0104 wherein a vehicle may acquire speed limit data with a camera through the recognition of speed limit signs, with the acquired speed limit being compared to map data to determine a matching road upon which the vehicle travels. For example, as taught in at least Paragraphs 0066 & 0078 of Hata, as well as Figure 4 of Hata, below, the vehicle may be misrecognized as running on an expressway when the vehicle is actually running on a side road extending along the expressway in parallel, with the sign information being compared between the acquired camera data and map information to determine which road’s map information should be used [i.e. localizing the vehicle on the first road or the second road based at least in part on a local map speed limit])
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autonomously navigating the vehicle based at least in part on the localization of the vehicle on the map. (However Hata teaches in at least Paragraphs 0045, 0048, & 0058 wherein a vehicle is configured to be autonomously controlled to run along a travel route through autonomous steering, acceleration, and deceleration, based on a determined speed limit value for the traveling section of roadway, which may be based on the recognition of the vehicle position and corresponding speed limit as taught in at least Paragraph 0078 of Hata [i.e. autonomously navigating the vehicle based at least in part on the localization of the vehicle on the map])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Xia by incorporating the determination of traveling road based on a comparison of detected speed limit with map speed limit, and the autonomous control of the vehicle based on the determined vehicle position as taught by Hata.
The motivation to have determined the traveling road of the vehicle based on speed limit is that, as acknowledged by Hata in at least Paragraphs 0066, 0078, & 0080, parallel roads may have different associated speed limits, and misrecognition of traveling roads may be avoided by determining a match between observed sensor data regarding a speed limit and recorded map data for a road, improving the vehicle localization between nearby roads.
The motivation to incorporate the autonomous operation of the vehicle based on the localization of the vehicle is that, as acknowledged in at least Paragraphs 0058 & 0078, the vehicle may be better controlled according to local speed limits based on vehicle position, improving the operation of the vehicle compliant with local regulations.
Regarding Claim 2:
The method of claim 1, further comprising selecting the first road or the second road for localization based on a comparison between the local map number of lanes for the vehicle location signal, the first number of lanes, and the second number of lanes.
Xia discloses in at least Paragraphs 0079 & 0080 wherein the number of lanes in the positioning auxiliary information [i.e. the local map number of lanes obtained from the sensor data], as well as the number of lanes of the main and auxiliary road in the navigation data [i.e. the first and second number of lanes] are used to determine whether the road that the vehicle is currently traveling on is the main road or the auxiliary road of the parallel road based on a matching of the number of lanes [i.e. selecting the first road or the second road for localization based on a comparison between the local map number of lanes for the vehicle location signal, the first number of lanes, and the second number of lanes].
Regarding Claim 3:
The method of claim 1, wherein a difference between the local map number of lanes and first number of lanes and the second number of lanes affects the localization of the vehicle on the map.
Xia discloses in at least Paragraphs 0079 & 0080 wherein the number of lanes in the positioning auxiliary information [i.e. the local map number of lanes obtained from the sensor data], as well as the number of lanes of the main and auxiliary road in the navigation data [i.e. the first and second number of lanes] are used to determine whether the road that the vehicle is currently traveling on is the main road or the auxiliary road of the parallel road based on a matching of the number of lanes [i.e. a difference between the local map number of lanes and first number of lanes and the second number of lanes affects the localization of the vehicle on the map as the vehicle is not localized to the road when the number of lanes is different].
Regarding Claim 5:
The method of claim 1, wherein the vehicle location signal comprises a global navigation satellite system (GNSS) signal.
While Xia discloses in at least Paragraphs 0041 & 0049 wherein a vehicle’s GPS accuracy may be low in the relevant scenarios, Xia does not appear to specifically disclose wherein the location signal used in the determination is a GNSS signal.
However Han teaches in at least Paragraphs 0027, 0029, & 0030 wherein the current position of the vehicle to be positioned may be acquired via a GPS system of the vehicle [i.e. the vehicle location signal comprises a global navigation satellite system (GNSS) signal], with lane information in the area of the current vehicle position being acquired to refine the vehicle position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Xia by incorporating the acquisition of vehicle location signal via a GPS signal as taught by Han.
The motivation to do so is that, as acknowledged by Han in at least Paragraphs 0029 & 0030, and as would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention, the general location of the vehicle may be acquired in terms of longitudinal and lateral components, which may be used to acquire local map data within a preset area, improving the localization of the vehicle.
Regarding Claim 6:
The method of claim 1, wherein the vehicle is localized on the map for each vehicle location signal of a plurality of vehicle location signals.
Xia discloses in at least Paragraphs 0064 & 0065 wherein the real-time position of the vehicle [i.e. a plurality of vehicle location signals are obtained in real-time] is used to determine if the vehicle is about to enter a preset traffic scene, and if so, positioning auxiliary information of a traffic scene is obtained and used to improve the positioning of a vehicle on a parallel road scene [i.e. the vehicle is localized on the map for each vehicle location signal of a plurality of vehicle location signals].
Regarding Claim 7:
Xia discloses: A vehicle comprising: (Xia discloses in at least Paragraph 0026 wherein a vehicle may be equipped with a positioning system, including as disclosed in at least Paragraphs 0049, 0058, & 0081 a positioning and navigation method for a parallel road environment, including the mapping of a road surface to identify a number of lanes, which are compared to map data to position the vehicle on the roadway [i.e. a vehicle comprising a computing device for localizing the vehicle on a map])
one or more processors; one or more sensors; and a non-transitory memory storing instructions that, when executed by the one or more processors, configure the vehicle to: (Xia discloses in at least Paragraphs 0020 – 0024 wherein the computing system may include at least one processor and connected memory, the memory being a non-transitory computer-readable storage medium in an embodiment [i.e. one or more processors; and a non-transitory memory storing instructions executable by said processors]. At least Paragraphs 0016 & 0053 of Xia further disclose wherein a first acquisition module that may comprise a camera or driving recorder [i.e. one or more sensors] may acquire road image data ahead of the vehicle)
receive map data comprising a first road having a first number of lanes and a second road having a second number of lanes; (Xia discloses in at least Paragraphs 0047 & 0048 wherein a navigation electronic map may be provided at the electronic device, which may include navigation data for a parallel road scene as disclosed in at least Paragraphs 0080 & 0081 [i.e. map data is received]. At least Paragraph 0080 of Xia discloses wherein the parallel road scene contained in the navigation data may include a main and auxiliary road, each having their own corresponding number of lanes [i.e. a first road having a first number of lanes and a second road having a second number of lanes])
receive sensor data from the one or more sensors of the vehicle; receive a vehicle location signal; (Xia discloses in at least Paragraphs 0016 & 0053 wherein a first acquisition module that may comprise a camera or driving recorder [i.e. a sensor] may acquire road image data ahead of the vehicle [i.e. sensor data from the one or more sensors]. Xia further discloses in at least Paragraph 0048 wherein the vehicle real-time position may be obtained, and used in combination with a map to determine if a vehicle is about to enter a preset traffic scene [i.e. a vehicle location signal is received])
in response to the receipt of the vehicle location signal, generate, from the sensor data, a local map comprising a local map number of lanes for the vehicle location signal; and (Xia discloses in at least Paragraphs 0056 – 0058 wherein the image data [i.e. sensor data] may be analyzed to obtain traffic element information in the image, including calculating the number of lanes present on the road where the vehicle is travelling based on the number of lane lines detected in the image [i.e. generating a local map comprising a local map number of lanes for the vehicle location signal]. At least Paragraphs 0048, 0051, & 0052 of Xia disclose wherein based on the position of the vehicle acquired, a determination is made regarding if the vehicle is about to enter a traffic scene, following which image data is acquired and analyzed [i.e. the local map is generated in response to receiving the vehicle location signal])
localize the vehicle on the first road or the second road based at least in part on the local map number of lanes for the vehicle location signal, the first number of lanes, and the second number of lanes. (Xia discloses in at least Paragraphs 0079 & 0080 wherein the number of lanes in the positioning auxiliary information [i.e. the local map number of lanes obtained from the sensor data], as well as the number of lanes of the main and auxiliary road in the navigation data [i.e. the first and second number of lanes] are used to determine whether the road that the vehicle is currently traveling on is the main road or the auxiliary road of the parallel road [i.e. localizing the vehicle on the first road or the second road based at least in part on the local map number of lanes for the vehicle location signal, the first number of lanes, and the second number of lanes])
Xia however appears to be silent regarding:
localizing the vehicle on the first road or the second road based at least in part on a distance between a location provided by the vehicle location signal, the first road and the second road, and
localizing the vehicle on the first road or the second road based at least in part on a local map speed limit.
However Han teaches wherein a vehicle may be determined to be on one of two parallel roads based on the distance between the current position of the vehicle and reference lines corresponding to first and second parallel roads.
localizing the vehicle on the first road or the second road based at least in part on a distance between a location provided by the vehicle location signal, the first road and the second road, and (However Han teaches in at least Paragraphs 0049 & 0051 – 0053 wherein a probability of a vehicle being positioned in either of two parallel roads is based on a distance between the current position of the vehicle [i.e. a location provided by the vehicle location signal] and the reference lines of the first and second parallel roads [i.e. the locations of the first and second roads], as depicted in Figures 3 & 4 of Han, above, with a target road being determined based on the road determined to have the greater probability based on said distance [i.e. localizing the vehicle on the first road or the second road is further based at least in part on a distance between a location provided by the vehicle location signal, the first road and the second road])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Xia by incorporating the localization of the vehicle to a first or second road based on distances between a location of the vehicle and reference lines of the first and second roads as taught by Han.
The motivation to do so is that, as acknowledge by Han in at least Paragraphs 0049 & 0053, a probability of each road being the target road may be established based on the proximity of the vehicle to approximations of the position of each road, improving he determination of travel road of the vehicle.
However Hata teaches wherein the speed limit detected by a camera of a vehicle may be compared to map speed limits in order to determine a traveling road.
localizing the vehicle on the first road or the second road based at least in part on a local map speed limit. (However Hata teaches in at least Paragraphs 0078 & 0104 wherein a vehicle may acquire speed limit data with a camera through the recognition of speed limit signs, with the acquired speed limit being compared to map data to determine a matching road upon which the vehicle travels. For example, as taught in at least Paragraphs 0066 & 0078 of Hata, as well as Figure 4 of Hata, above, the vehicle may be misrecognized as running on an expressway when the vehicle is actually running on a side road extending along the expressway in parallel, with the sign information being compared between the acquired camera data and map information to determine which road’s map information should be used [i.e. localizing the vehicle on the first road or the second road based at least in part on a local map speed limit])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Xia by incorporating the determination of traveling road based on a comparison of detected speed limit with map speed limit, as taught by Hata.
The motivation to do so is that, as acknowledged by Hata in at least Paragraphs 0066, 0078, & 0080, parallel roads may have different associated speed limits, and misrecognition of traveling roads may be avoided by determining a match between observed sensor data regarding a speed limit and recorded map data for a road, improving the vehicle localization between nearby roads.
Regarding Claim 8:
Claim 8 recites substantially similar limitations as those found in Claim 2, above, and is rejected under similar rationale.
Regarding Claim 9:
Claim 9 recites substantially similar limitations as those found in Claim 3, above, and is rejected under similar rationale.
Regarding Claim 11:
Claim 11 recites substantially similar limitations as those found in Claim 5, above, and is rejected under similar rationale.
Regarding Claim 12:
Claim 12 recites substantially similar limitations as those found in Claim 6, above, and is rejected under similar rationale.
Regarding Claim 13:
The vehicle of claim 7, wherein the instructions further configure the vehicle to autonomously navigate based at least in part on the localization of the vehicle on the map.
Xia does not appear to specifically disclose autonomously navigating the vehicle based in part on the localization of the vehicle on the map.
However Hata teaches in at least Paragraphs 0045, 0048, & 0058 wherein a vehicle is configured to be autonomously controlled to run along a travel route through autonomous steering, acceleration, and deceleration, based on a determined speed limit value for the traveling section of roadway, which may be based on the recognition of the vehicle position and corresponding speed limit as taught in at least Paragraph 0078 of Hata [i.e. autonomously navigating the vehicle based at least in part on the localization of the vehicle on the map]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Xia by incorporating the autonomous navigation of the vehicle based on the localization as taught by Hata.
The motivation to do so is that, as acknowledged in at least Paragraphs 0058 & 0078, the vehicle may be better controlled according to local speed limits based on vehicle position, improving the operation of the vehicle compliant with local regulations.
Regarding Claim 14:
Xia discloses: A computing apparatus comprising: (Xia discloses in at least Paragraphs 0020 – 0024 a non-transitory computer-readable storage medium storing computer instructions to implement the invention using a processor, the invention including as disclosed in at least Paragraphs 0049, 0058, & 0081 a positioning and navigation method for a parallel road environment, including the mapping of a road surface to identify a number of lanes, which are compared to map data to position the vehicle on the roadway [i.e. a computing apparatus for localizing the vehicle on a map])
one or more processors; and a non-transitory memory storing instructions that, when executed by the one or more processors, configure the computing apparatus to: (Xia discloses in at least Paragraphs 0020 – 0024 wherein the computing system may include at least one processor and connected memory, the memory being a non-transitory computer-readable storage medium in an embodiment [i.e. one or more processors; and a non-transitory memory storing instructions executable by said processors])
receive map data comprising a first road having a first number of lanes and a second road having a second number of lanes; (Xia discloses in at least Paragraphs 0047 & 0048 wherein a navigation electronic map may be provided at the electronic device, which may include navigation data for a parallel road scene as disclosed in at least Paragraphs 0080 & 0081 [i.e. map data is received]. At least Paragraph 0080 of Xia discloses wherein the parallel road scene contained in the navigation data may include a main and auxiliary road, each having their own corresponding number of lanes [i.e. a first road having a first number of lanes and a second road having a second number of lanes])
receive sensor data from one or more sensors of a vehicle; receive a vehicle location signal; (Xia discloses in at least Paragraphs 0016 & 0053 wherein a first acquisition module that may comprise a camera or driving recorder [i.e. a sensor] may acquire road image data ahead of the vehicle [i.e. sensor data from the one or more sensors]. Xia further discloses in at least Paragraph 0048 wherein the vehicle real-time position may be obtained, and used in combination with a map to determine if a vehicle is about to enter a preset traffic scene [i.e. a vehicle location signal is received])
in response to the receipt of the vehicle location signal, generate, from the sensor data, a local map comprising a local map number of lanes for the vehicle location signal; and (Xia discloses in at least Paragraphs 0056 – 0058 wherein the image data [i.e. sensor data] may be analyzed to obtain traffic element information in the image, including calculating the number of lanes present on the road where the vehicle is travelling based on the number of lane lines detected in the image [i.e. generating a local map comprising a local map number of lanes for the vehicle location signal]. At least Paragraphs 0048, 0051, & 0052 of Xia disclose wherein based on the position of the vehicle acquired, a determination is made regarding if the vehicle is about to enter a traffic scene, following which image data is acquired and analyzed [i.e. the local map is generated in response to receiving the vehicle location signal])
localize the vehicle on the first road or the second road based at least in part on the local map number of lanes for the vehicle location signal, the first number of lanes, and the second number of lanes. (Xia discloses in at least Paragraphs 0079 & 0080 wherein the number of lanes in the positioning auxiliary information [i.e. the local map number of lanes obtained from the sensor data], as well as the number of lanes of the main and auxiliary road in the navigation data [i.e. the first and second number of lanes] are used to determine whether the road that the vehicle is currently traveling on is the main road or the auxiliary road of the parallel road [i.e. localizing the vehicle on the first road or the second road based at least in part on the local map number of lanes for the vehicle location signal, the first number of lanes, and the second number of lanes])
Xia however appears to be silent regarding:
localizing the vehicle on the first road or the second road based at least in part on a distance between a location provided by the vehicle location signal, the first road and the second road, and
localizing the vehicle on the first road or the second road based at least in part on a local map speed limit;
and autonomously navigate the vehicle based at least in part on the localization of the vehicle on the map.
However Han teaches wherein a vehicle may be determined to be on one of two parallel roads based on the distance between the current position of the vehicle and reference lines corresponding to first and second parallel roads.
localizing the vehicle on the first road or the second road based at least in part on a distance between a location provided by the vehicle location signal, the first road and the second road, and (However Han teaches in at least Paragraphs 0049 & 0051 – 0053 wherein a probability of a vehicle being positioned in either of two parallel roads is based on a distance between the current position of the vehicle [i.e. a location provided by the vehicle location signal] and the reference lines of the first and second parallel roads [i.e. the locations of the first and second roads], as depicted in Figures 3 & 4 of Han, above, with a target road being determined based on the road determined to have the greater probability based on said distance [i.e. localizing the vehicle on the first road or the second road is further based at least in part on a distance between a location provided by the vehicle location signal, the first road and the second road])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Xia by incorporating the localization of the vehicle to a first or second road based on distances between a location of the vehicle and reference lines of the first and second roads as taught by Han.
The motivation to do so is that, as acknowledge by Han in at least Paragraphs 0049 & 0053, a probability of each road being the target road may be established based on the proximity of the vehicle to approximations of the position of each road, improving he determination of travel road of the vehicle.
However Hata teaches wherein the speed limit detected by a camera of a vehicle may be compared to map speed limits in order to determine a traveling road, based on which a vehicle is autonomously operated.
localizing the vehicle on the first road or the second road based at least in part on a local map speed limit; (However Hata teaches in at least Paragraphs 0078 & 0104 wherein a vehicle may acquire speed limit data with a camera through the recognition of speed limit signs, with the acquired speed limit being compared to map data to determine a matching road upon which the vehicle travels. For example, as taught in at least Paragraphs 0066 & 0078 of Hata, as well as Figure 4 of Hata, below, the vehicle may be misrecognized as running on an expressway when the vehicle is actually running on a side road extending along the expressway in parallel, with the sign information being compared between the acquired camera data and map information to determine which road’s map information should be used [i.e. localizing the vehicle on the first road or the second road based at least in part on a local map speed limit])
and autonomously navigate the vehicle based at least in part on the localization of the vehicle on the map. (However Hata teaches in at least Paragraphs 0045, 0048, & 0058 wherein a vehicle is configured to be autonomously controlled to run along a travel route through autonomous steering, acceleration, and deceleration, based on a determined speed limit value for the traveling section of roadway, which may be based on the recognition of the vehicle position and corresponding speed limit as taught in at least Paragraph 0078 of Hata [i.e. autonomously navigating the vehicle based at least in part on the localization of the vehicle on the map])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Xia by incorporating the determination of traveling road based on a comparison of detected speed limit with map speed limit, and the autonomous control of the vehicle based on the determined vehicle position as taught by Hata.
The motivation to have determined the traveling road of the vehicle based on speed limit is that, as acknowledged by Hata in at least Paragraphs 0066, 0078, & 0080, parallel roads may have different associated speed limits, and misrecognition of traveling roads may be avoided by determining a match between observed sensor data regarding a speed limit and recorded map data for a road, improving the vehicle localization between nearby roads.
The motivation to incorporate the autonomous operation of the vehicle based on the localization of the vehicle is that, as acknowledged in at least Paragraphs 0058 & 0078, the vehicle may be better controlled according to local speed limits based on vehicle position, improving the operation of the vehicle compliant with local regulations.
Regarding Claim 15:
Claim 15 recites substantially similar limitations as those found in Claim 2, above, and is rejected under similar rationale.
Regarding Claim 16:
Claim 16 recites substantially similar limitations as those found in Claim 3, above, and is rejected under similar rationale.
Regarding Claim 18:
Claim 18 recites substantially similar limitations as those found in Claim 5, above, and is rejected under similar rationale.
Regarding Claim 19:
Claim 19 recites substantially similar limitations as those found in Claim 6, above, and is rejected under similar rationale.
Regarding Claim 20:
The computing apparatus of claim 14, wherein the map is an enhanced standard definition map.
Examiner notes that an “enhanced standard definition map” is interpreted as set forth in Paragraph 0002 of the specification filed 11/22/2024 which recites “an enhanced SD map [that] includes all of the information of an SD map with the addition of lane information, such as the number of lanes”
Xia discloses in at least Paragraphs 0047 & 0048 wherein the vehicle may utilize a generic navigation electronic map, however appears to be silent regarding the details of said map.
However Han teaches in at least Paragraphs 0002 & 0015 wherein a navigation map utilized to position the vehicle may be a “SD” map [i.e. standard definition map] different from a high-precision map, the SD map including simple information such as the number of lanes [i.e. the map is an enhanced standard definition map as defined by the present specification as set forth above.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Xia by incorporating the use of a SD map with limited lane information as taught by Han.
The motivation to do so is that, as acknowledged by Han in at least Paragraph 0015, positioning assistance for vehicle travel may be performed with a coarser map that is widely available, improving the implementation of the vehicle positioning system based on available data.
Conclusion
The following prior art made of record but not relied upon is considered pertinent to the Applicant’s disclosure:
Huang (CN 107643086 B): Huang recites a high-precision positioning device for a vehicle, including the acquisition of coarse positioning information, and the refinement of the position in accordance with detected lane lines in the environment. A digital map is used as a point of comparison for the lane positioning data.
Zhou (US 12,014,555 B2): Zhou recites a vehicle system including lane and object detection, with lane templates being utilized to perform said localization in the environment. Lane templates may include potential configurations for areas of the road, which the detected environment is matched to and used to localize the detected objects on the particular template configuration.
THIS ACTION IS MADE FINAL. 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.
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/CHRISTOPHER R CARDIMINO/Examiner, Art Unit 3661
/RAMYA P BURGESS/Supervisory Patent Examiner, Art Unit 3661
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