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 .
This is the first office action on the merits and is responsive to the papers filed on 11/27/2024. Claims 1-20 are currently pending.
Priority
1. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
2. The Information Disclosure Statement (IDS) submitted on 11/27/2024 has been considered by the Examiner.
Claim Interpretation
3. Claims 5-6, 8-9, 15-16, and 18 recite the claim language “and/or.” Under the broadest reasonable interpretation principle, the claims are being interpreted as just “or.” The Applicant may amend to define the limitation to read as just an “and” statement to further limit the claims if they choose.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
4. Claims 6 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
5. Claim 6 recites the limitation "the sensor data" in Line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 16 has the same limitations as Claim 6 except for its dependency and is rejected for the same reasoning.
Claim Rejections - 35 USC § 103
6. 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.
7. 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.
8. 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.
9. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nickolaou (US 20110060478 A1) in view of Giovanardi (US 20220324421 A1).
10. Regarding Claim 1, Nickolaou teaches a method performed by a vehicle system for enabling estimation of a condition of a road, the method comprising (Nickolaou: [0005]):
Obtaining, from a sensor mounted on a vehicle, first data comprising a first plurality of data points, wherein each of the first plurality of data points comprises longitudinal, lateral and vertical coordinates representing respective dimensions of a part of the road at a first time (Nickolaou: [0025] and [0028] Note that the surface of the target area is equivalent to longitudinal and lateral coordinates and the variations/curvatures in the scan lines are equivalent to the vertical coordinates.);
And segmenting the first plurality of data points into a plurality of segmented data areas based on the longitudinal and lateral coordinates of the first plurality of data points by dividing a representation of the part of the road into the plurality of segmented data areas and assigning each of the first plurality of data points to a segmented data area based on the longitudinal and lateral coordinates of the first plurality of data points (Nickolaou: [0032]).
Nickolaou fails to explicitly teach obtaining a second plurality of data points, wherein each of the second plurality of data points comprises longitudinal, lateral and vertical coordinates representing respective dimensions of the part of the road at a second time, wherein the first time is more recent than the second time; and estimating a respective vertical position in each segmented data area based on the vertical coordinates of the second plurality of data points and a motion state of the vehicle at the second time, wherein the motion state of the vehicle comprises at least one of a longitudinal velocity, a lateral velocity, a vertical velocity, a roll angle, a pitch angle and a yaw angle of the vehicle.
However, in the same field of endeavor, Giovanardi teaches obtaining a second plurality of data points, wherein each of the second plurality of data points comprises longitudinal, lateral and vertical coordinates representing respective dimensions of the part of the road at a second time, wherein the first time is more recent than the second time (Giovanardi: [0067]);
And estimating a respective vertical position in each segmented data area based on the vertical coordinates of the second plurality of data points and a motion state of the vehicle at the second time, wherein the motion state of the vehicle comprises at least one of a longitudinal velocity, a lateral velocity, a vertical velocity, a roll angle, a pitch angle and a yaw angle of the vehicle (Giovanardi: [0128], [0129], and [0216]).
Nickolaou and Giovanardi are considered to be analogous to the claim invention because they are in the same field of vehicular terrain detection systems. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Nickolaou to incorporate the teachings of Giovanardi to obtain a second plurality of data point at a second time and estimate a vertical position of each segmented data area because it provides the benefit of determining an upcoming road profile to change vehicle system to better traverse the change in vertical positioning. This provides the additional benefit of increased safety and comfort for the passengers of the vehicle.
11. Regarding Claim 2, Nickolaou and Giovanardi remain as applied above in Claim 1, and further, Giovanardi teaches estimating the condition of the road based on the estimated respective vertical positions (Giovanardi: [0128] and [0190]).
12. Regarding Claim 3, Nickolaou and Giovanardi remain as applied above in Claim 2, and further, Nickolaou teaches calculating a mean of the vertical coordinates of the first plurality of data points for each segmented data area based on vertical coordinates of the first plurality of data points and wherein the condition of the road is estimated based on the calculated means (Nickolaou: [0025] Note that the use of a plurality of scan lines to determine the changes in elevation at corresponding positions of the target area is equivalent to calculating a mean of the vertical coordinates because the changes elevation are variations in the mean that is used to determine depressions and bumps.).
13. Regarding Claim 4, Nickolaou and Giovanardi remain as applied above in Claim 1, and further, Nickolaou teaches the sensor comprises one or more Light Detection and Ranging, LIDAR, sensors (Nickolaou: [0025]).
14. Regarding Claim 5, Nickolaou and Giovanardi remain as applied above in Claim 1, and further, Giovanardi teaches the motion state of the vehicle is estimated based on sensor data received from one or more motion tracking sensor and/or rotation wheel speed sensors of the vehicle (Giovanardi: [0128] and [0129]).
15. Regarding Claim 6, Nickolaou and Giovanardi remain as applied above in Claim 1, and further, Giovanardi teaches the sensor data is received from an inertial measurement unit, IMU, and/or from a wheel speed sensor, WSS (Giovanardi: [0123]).
16. Regarding Claim 7, Nickolaou and Giovanardi remain as applied above in Claim 2, and further, Giovanardi teaches the condition of the road comprises at least one of a curvature of the road, an inclination of the road, a banking of the road, an anomaly of the road, and a smoothness of the road, wherein the anomaly of the road comprises at least one of a road bump, an undulation, a pothole and a manhole cover (Giovanardi: [0190]).
17. Regarding Claim 8, Nickolaou and Giovanardi remain as applied above in Claim 2, and further, Nickolaou teaches adjusting a regenerative braking force of the vehicle based on the estimated condition and/or adjusting a speed profile based on the estimated condition (Nickolaou: [0038]).
18. Regarding Claim 9, Nickolaou and Giovanardi remain as applied above in Claim 2, and further, Nickolaou teaches adjusting a steering, a suspension and/or a speed of the vehicle based on the estimated condition (Nickolaou: [0038]).
19. Regarding Claim 10, Nickolaou and Giovanardi remain as applied above in Claim 2, and further, Giovanardi teaches obtaining second data indicative of a steering angle to estimate segmented data areas among the plurality of segmented data areas where the vehicle might travel and wherein estimating the condition of the road is further based on the estimated segmented areas (Giovanardi: [0071], [0128], and [0190] Note that the reference trajectory is equivalent to the steering angle to estimate segmented data areas where the vehicle might travel.).
20. Regarding Claim 11, Nickolaou teaches a vehicle system comprising a memory, and a controller configured to (Nickolaou: [0005]):
Obtain, from a sensor mounted on a vehicle, first data comprising a first plurality of data points, wherein each of the first plurality of data points comprises longitudinal, lateral and vertical coordinates representing respective dimensions of a part of the road at a first time (Nickolaou: [0025] and [0028] Note that the surface of the target area is equivalent to longitudinal and lateral coordinates and the variations/curvatures in the scan lines are equivalent to the vertical coordinates.);
And segment the first plurality of data points into a plurality of segmented data areas based on the longitudinal and lateral coordinates of the first plurality of data points by dividing a representation of the part of the road into the plurality of segmented data areas and assigning each of the first plurality of data points to a segmented data area based on the longitudinal and lateral coordinates of the first plurality of data points (Nickolaou: [0032]).
Nickolaou fails to explicitly teach to obtain a second plurality of data points, wherein each of the second plurality of data points comprises longitudinal, lateral and vertical coordinates representing respective dimensions of the part of the road at a second time, wherein the first time is more recent than the second time; and estimate a respective vertical position in each segmented data area based on the vertical coordinates of the second plurality of data points and a motion state of the vehicle at the second time, wherein the motion state of the vehicle comprises at least one of a longitudinal velocity, a lateral velocity, a vertical velocity, a roll angle, a pitch angle and a yaw angle of the vehicle.
However, in the same field of endeavor, Giovanardi teaches to obtain a second plurality of data points, wherein each of the second plurality of data points comprises longitudinal, lateral and vertical coordinates representing respective dimensions of the part of the road at a second time, wherein the first time is more recent than the second time (Giovanardi: [0067]);
And estimate a respective vertical position in each segmented data area based on the vertical coordinates of the second plurality of data points and a motion state of the vehicle at the second time, wherein the motion state of the vehicle comprises at least one of a longitudinal velocity, a lateral velocity, a vertical velocity, a roll angle, a pitch angle and a yaw angle of the vehicle (Giovanardi: [0128], [0129], and [0216]).
Nickolaou and Giovanardi are considered to be analogous to the claim invention because they are in the same field of vehicular terrain detection systems. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Nickolaou to incorporate the teachings of Giovanardi to obtain a second plurality of data point at a second time and estimate a vertical position of each segmented data area because it provides the benefit of determining an upcoming road profile to change vehicle system to better traverse the change in vertical positioning. This provides the additional benefit of increased safety and comfort for the passengers of the vehicle.
21. Regarding Claim 12, Nickolaou and Giovanardi remain as applied above in Claim 11, and further, Giovanardi teaches to estimate the condition of the road based on the estimated respective vertical positions (Giovanardi: [0128] and [0190]).
22. Regarding Claim 13, Nickolaou and Giovanardi remain as applied above in Claim 12, and further, Nickolaou teaches to calculate a mean of the vertical coordinates of the first plurality of data points for each segmented data area based on vertical coordinates of the first plurality of data points and wherein the condition of the road is estimated based on the calculated means (Nickolaou: [0025] Note that the use of a plurality of scan lines to determine the changes in elevation at corresponding positions of the target area is equivalent to calculating a mean of the vertical coordinates because the changes elevation are variations in the mean that is used to determine depressions and bumps.).
23. Regarding Claim 14, Nickolaou and Giovanardi remain as applied above in Claim 11, and further, Nickolaou teaches the sensor comprises one or more Light Detection and Ranging, LIDAR, sensors (Nickolaou: [0025]).
24. Regarding Claim 15, Nickolaou and Giovanardi remain as applied above in Claim 11, and further, Giovanardi teaches the motion state of the vehicle is estimated based on sensor data received from one or more motion tracking sensor and/or rotation wheel speed sensors of the vehicle (Giovanardi: [0128] and [0129]).
25. Regarding Claim 16, Nickolaou and Giovanardi remain as applied above in Claim 11, and further, Giovanardi teaches the sensor data is received from an inertial measurement unit, IMU, and/or from a wheel speed sensor, WSS (Giovanardi: [0123]).
26. Regarding Claim 17, Nickolaou and Giovanardi remain as applied above in Claim 11, and further, Giovanardi teaches the condition of the road comprises at least one of a curvature of the road, an inclination of the road, a banking of the road, an anomaly of the road, and a smoothness of the road, wherein the anomaly of the road comprises at least one of a road bump, an undulation, a pothole and a manhole cover (Giovanardi: [0190]).
27. Regarding Claim 18, Nickolaou and Giovanardi remain as applied above in Claim 11, and further, Nickolaou teaches to adjust a regenerative braking force of the vehicle based on the estimated condition and/or adjust a steering, a suspension and/or a speed of the vehicle based on the estimated condition and/or adjust a speed profile based on the estimated condition (Nickolaou: [0038]).
28. Regarding Claim 19, Nickolaou and Giovanardi remain as applied above in Claim 11, and further, Giovanardi teaches to obtain second data indicative of a steering angle to estimate segmented data areas among the plurality of segmented data areas where the vehicle might travel and wherein estimating the condition of the road is further based on the estimated segmented areas (Giovanardi: [0071], [0128], and [0190] Note that the reference trajectory is equivalent to the steering angle to estimate segmented data areas where the vehicle might travel.).
29. Regarding Claim 20, Nickolaou and Giovanardi remain as applied above in Claim 11, and further, Nickolaou teaches a vehicle comprising the vehicle system according to claim 11 (Nickolaou: [0005]).
Conclusion
30. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL T SILVA whose telephone number is (571)272-6506. The examiner can normally be reached Mon-Tues: 7AM - 4:30PM ET; Wed-Thurs: 7AM-6PM ET; Fri: OFF.
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/MICHAEL T SILVA/Examiner, Art Unit 3663