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 application filed on December 2, 2024. Claim 1 has been cancelled. Claims 2-21 has been newly added. Thus, claims 2-21 are pending. Claims 1, 20 and 21 are independent.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on April 10, 2025 and December 8, 2025 have been considered. The submission is in compliance with the provisions of 37 CFR 1.97. The Forms PTO-1449 are signed and attached hereto.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 2-21 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 2, 4, 5-11 and 15-17 of copending Application No. 17/446,929 (now U.S. Patent No. 12,158,761). Although the conflicting claims are not identical, they are not patentably distinct from each other because removing inherent and/or unnecessary limitations/step would be within the level of one of ordinary skill in the art.
It is well settled that the omission of an element/limitation and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Omission of a reference element or step whose function is not needed would be obvious to one of ordinary skill in the art.
Present application 18/965,647
Co-pending Application 17/446,929
now U.S. Patent No. 12,158,761
Claim 2:
receiving, with at least one processor, first sensor data associated with at least one image sensor having at least one parameter with a first setting;
processing, with the at least one processor, the first sensor data to generate an image;
adjusting, using the at least one processor, the at least one parameter from the first setting to a second setting based at least in part on the first sensor data;
determining, using the at least one processor, a geographic location of a vehicle, wherein the vehicle comprises the at least one image sensor; generating, using the at least one processor, an association of the second setting and the determined geographic location; and
receiving, with the at least one processor, second sensor data associated with the at least one image sensor having the at least one parameter with the second setting based at least in part on the generated association.
Claim 1:
determining, using at least one processor, a geographic location of a vehicle, wherein at least one parameter of at least one image sensor of the vehicle corresponds to a first setting; wherein at least one parameter of at least one image sensor of the vehicle corresponds to a first setting
adjusting, using the at least one processor, the at least one parameter from the first setting to the second setting based at least in part on the at least one annotation and determining the geographic location;
determining, using the at least one processor, a second setting corresponding to the at least one annotation and associated with the determined geographic location;
receiving, with the at least one processor, sensor data associated with the at least one image sensor based at least in part on the second setting, the sensor data representing a scene
Claim 3:
identifying a map location corresponding to the determined geographic location; and
generating at least one annotation associated with the map location, wherein the at least one annotation corresponds to the second setting.
Claim 1:
identifying, using the at least one processor, a map location corresponding to the determined geographic location;
identifying, using the at least one processor, at least one annotation associated with the map location;
adjusting, using the at least one processor, the at least one parameter from the first setting to the second setting based at least in part on the at least one annotation and determining the geographic location;
Claim 4:
updating a map based at least in part on adjusting the at least one parameter from the first setting to the second setting.
Claim 1:
identifying, using the at least one processor, at least one annotation associated with the map location;
adjusting, using the at least one processor, the at least one parameter from the first setting to the second setting based at least in part on the at least one annotation and determining the geographic location
Claim 5:
validating that the second sensor data satisfies a threshold.
Claim 5:
comparing a plurality of images of the scene, the plurality of images comprising the first image.
Claim 6:
comparing an image quality value of the first image to an image quality threshold.
Claim 6:
wherein at least one of:
receiving the first sensor data comprises: receiving the first sensor data representing a scene; or
receiving the second sensor data comprises: receiving the second sensor data representing a scene.
Claim 1:
receiving, with the at least one processor, sensor data associated with the at least one image sensor based at least in part on the second setting, the sensor data representing a scene.
Claim 7:
wherein at least one of:
receiving the first sensor data comprises:
receiving the first sensor data comprising at least one of camera data, lidar data, or radar data; or
receiving the second sensor data comprises:
receiving the second sensor data comprising at least one of camera data, lidar data, or radar data.
Claim 2:
receiving the sensor data associated with the at least one image sensor comprises:
receiving at least one of camera data associated with a camera image sensor, lidar data associated with a lidar sensor, or radar data associated with a radar sensor.
Claim 8:
wherein receiving the first sensor data associated with the at least one image sensor comprises:
receiving the first sensor data associated with at least one of a camera image sensor, a lidar sensor, or a radar sensor
Claim 2:
receiving the sensor data associated with the at least one image sensor comprises:
receiving at least one of camera data associated with a camera image sensor, lidar data associated with a lidar sensor, or radar data associated with a radar sensor.
Claim 9:
analyzing the first sensor data, wherein adjusting the at least one parameter from the first setting to the second setting is further based at least in part on analyzing the first sensor data.
Claim 1:
adjusting, using the at least one processor, the at least one parameter from the first setting to the second setting based at least in part on the at least one annotation and determining the geographic location;
Claim 10:
wherein analyzing the first sensor data comprises: comparing a plurality of images, the plurality of images comprising the image.
Claim 5:
wherein analyzing the first image comprises:
comparing a plurality of images of the scene, the plurality of images comprising the first image.
Claim 11:
wherein analyzing the first sensor data comprises: comparing an image quality value of the image to an image quality threshold.
Claim 6:
wherein analyzing the first image comprises:
comparing an image quality value of the first image to an image quality threshold.
Claim 12:
wherein adjusting the at least one parameter from the first setting to the second setting comprises: adjusting at least one of brightness, contrast, white balance, gain, tint, exposure, saturation, or color balance.
Claim 8:
wherein adjusting the at least one parameter from the first setting to the second setting comprises:
adjusting at least one of brightness, contrast, white balance, gain, tint, exposure, saturation, or color balance.
Claim 13:
determining at least one environmental characteristic of the determined geographic location,
wherein adjusting the at least one parameter from the first setting to the second setting is further based at least in part on the determined at least one environmental characteristic.
Claim 9:
determining at least one environmental characteristic of the determined geographic location,
wherein adjusting the at least one parameter from the first setting to the second setting comprises: adjusting the at least one parameter from the first setting to the second setting further based at least in part on the determined at least one environmental characteristic.
Claim 14:
wherein determining the at least one environmental characteristic comprises: determining at least one of weather or time of day
Claim 10:
wherein determining the at least one environmental characteristic comprises:
determining at least one of weather or time of day.
Claim 15:
determining at least one lighting characteristic of the determined geographic location, wherein adjusting the at least one parameter from the first setting to the second setting is further based at least in part on the determined at least one lighting characteristic.
Claim 11:
determining at least one lighting characteristic of the determined geographic location,
wherein adjusting the at least one parameter from the first setting to the second setting comprises:
adjusting the at least one parameter from the first setting to the second setting further based at least in part on the determined at least one lighting characteristic.
Claim 16:
wherein determining the at least one lighting characteristic comprises: determining at least one of a brightness, a location, or a color temperature of a light source at the geographic location.
Claim 11:
wherein the at least one lighting characteristic comprises a brightness, a location, or a color temperature of a light source at the determined geographic location.
Claim 17:
wherein determining the geographic location comprises:
determining a first geographic location, wherein the first setting is associated with a second geographic location.
Claim 15:
wherein determining the geographic location comprises:
determining a first geographic location, wherein the first setting is associated with a second geographic location.
Claim 18:
providing the image to at least one of a warehouse management computing system, a drone computing system,
an autonomous vehicle vision and perception system, or a trucking computing system.
Claim 17:
providing the image to a warehouse management computing system, a drone computing system, or a trucking computing system.
Claim 16:
providing the image to an autonomous vehicle vision and perception system.
Claim 19:
wherein generating the association comprises: generating a first association, wherein the method further comprises: adjusting the at least one parameter from the second setting to a third setting based at least in part on the second sensor data;
generating a second association of the third setting and the determined geographic location; and
receiving third sensor data associated with the at least one image sensor having the at least one parameter with the third setting based at least in part on the generated second association.
Claim 4:
adjusting the at least one parameter from the second setting to a third setting based at least in part on analyzing the first image;
Claim 1:
a second setting corresponding to the at least one annotation and associated with the determined geographic location;
Claim 7:
associating the third setting with the determined geographic location, wherein based on a second determination that the vehicle is at the determined geographic location
Claim 4:
adjusting the at least one parameter from the second setting to a third setting based at least in part on analyzing the first image
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEMETRA R SMITH-STEWART whose telephone number is (571)270-3965. The examiner can normally be reached 10am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Nolan can be reached at 571-270-7016. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEMETRA R SMITH-STEWART/Examiner, Art Unit 3661
/PETER D NOLAN/Supervisory Patent Examiner, Art Unit 3661
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