Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This Office Action is an answer to an amendment filed on 04/30/26. Claims 1-14, and 6-15 are pending, wherein claims 1 is amended, and claim 5 is canceled.
Response
3. Due to the claims’ amendment (4/30/26) the examiner withdraws 35 USC 101, 103, 112(b), and 112(f) rejections. Applicant’s arguments on previous grounds of rejections are moot; new grounds of rejections are presented below.
Claim Rejections - 35 USC § 103
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.
4. Claims 1, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Musk et al (US Pub 20200257317 A1 – hereafter “TESLA’317) in view of HERRAIZ MARTÍN (ES 2525738 B2 – hereafter HERRAIZ’738), and in view of Beardsley (US Pat. 10484659 B2).
A. Per independent claims 1, and 13- 15: A computer- implemented method for capturing data of surroundings by a data capturing unit (similar functions as Tesla’317 autonomous vehicle ) comprises steps:
receiving path information regarding a predefined data capturing path, the path information comprising at least coordinates, in particular GPS coordinates, of a plurality of points of the predefined data capturing path (e.g. receiving an order comprising a rider’s pickup’s location, then using assistance of a GPS to the pickup’s address, see Tesla’317 para.[0084]); and
automatically performing a navigation and data capturing procedure (with Tesla’s autonomous vehicle; see Tesla’317 para.[0084]), wherein the navigation and data capturing procedure comprises:
continuously monitoring a current position of the data capturing unit (e.g., continuously monitoring a current position/place of that Tesla’s vehicle).
Tesla’317 fails to disclose about “calculating a transfer path from the current position to a start position of the predefined data capturing path”; however, examiner’s position is a familiar step of “determining a point/position on a path” and Herraiz’738 suggest this claimed idea on page 21 lines 17-20 (e.g., approaching a rider’s address from another place with an available vehicle having shortest distance/least time (see Herraiz’738 page 21 lines 17-20 “To determine the “distance to the route from a point” of origin or destination of a request, or 30 From an alternative delivery point for a request, the distance from that point to the nearest point through which the vehicle has to pass when traveling its planned route will be calculated”).
Tesla’317 also suggests:
continuously providing navigation commands to a user to guide the user to move the data
capturing unit (e.g., a camera is mounted on a moving vehicle, where a vehicle approaching a rider from a different place with a shortest/least time consumption to pick-up a passenger with a Tesla’s autonomous vehicle – see Tesla’317 para. [0014], claim 1);
continuously determining, based on the path information and on the continuously
monitored position, whether the data capturing unit has reached the start position (e.g., using a GPS map for guiding that Tesla vehicle to pick-up a passenger to begin a trip/a start position - see Tesla’317 para.[0084]);
when the data capturing unit has reached the start position, providing a start command to the data capturing unit, the start command causing the data capturing unit to capture data of the surroundings (e.g., activating/turning a camera ON to capture surrounding environment, see Tesla’317 para.[0051]);
Tesla’317 discloses about capturing the captured data of the surroundings with the data capturing unit (a camera in Tesla’317 para [0014]);
continuously providing navigation commands to the user to guide the user to an
end position of the predefined data capturing path while capturing the captured data of the surroundings of the data capturing unit (see Tesla’317 para.[0014] and Beardsley’659 claim 17); and
when the data capturing unit has reached the end position, providing an end command
to the data capturing unit, the end command causing the data capturing unit to end capturing data of the surrounding sensors (e.g., stopping/deactivating a camera to NOT capture surrounding environment when finishing a trip with that Tesla vehicle, see Tesla’317 para.[0015], [0077]).
Tesla’317 does not disclose that the camera can capture 3D point-cloud data; however, Beardsley’659 suggests this limitation (see Bersley’659, col. 6 lines 23-37).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Tesla’317 with HERRAIZ’738, and with Beardsley’659 to calculate for a vehicle’s distance to a passenger’s address (3D-point cloud data) equating to a reality time in order to limit that passenger waiting time for a ride.
B: Per claims 13- 15: These claims are implementations of claim 1’s steps into a computer system , or a non-transitory machine readable medium with imbedded instructions for capturing data of surroundings by means of a data capturing having similar limitations as claim 1; therefore, similar rationales and references set forth are applied for 35 USC 103 rejections.
C. Per dependent claim 2: The rationales and references for a rejection of claim 1 are incorporated.
Tesla’317 also suggests that a current position of the data capturing unit is continuously monitored by a GPS (see Tesla’317 para.[0084])
D. Per dependent claim 3: The rationales and references for a rejection of claim 1 are incorporated.
Tesla’317 also suggests about generating a particularly colored 2D to display on a vehicle’s screen (see Tesla’317 [0034], [0084]).
Note: 2D cameras and/or 3D model of the surroundings by means of the data captured by the data capturing unit (using a Google Map vehicle as below
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See also Tesla’317 [0077])
E. Per dependent claim 4: The rationales and references for a rejection of claim 1 are incorporated.
Tesla’317 also suggests a data capturing unit being mounted on a transport means controlled by the user” ((see Tesla’317” [0077]” vision sensors 701 may be affixed to the front, sides, rear, and/or roof, etc. of the vehicle in forward-facing, rear-facing, side-facing, etc. directions”), wherein the transport means is a vehicle (see Tesla’317” [0077])
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G. Per dependent claim 7: The rationales and references for a rejection of claim 1 are incorporated.
Tesla’317 also suggests a step of providing a notification to the user (e.g., an alert (see TESLA’317 para [0025]); or the data capturing of the surroundings (by a camera) is disturbed or prevented or blocked by an obstacle (e.g., “the vehicle is rerouted” (see TESLA’317 para [0073]); or intermediate end command is provided is defined as intermediate end position (e.g., “the vehicle is re-routed” in order to continue to travel to a destination (see TESLA’317 para [0073])..
H. Per dependent claim 8: The rationales and references for a rejection of claim 7 are incorporated.
Because this claim is directed to “a method”, Tesla’317 also suggests a feature of continuously providing navigation commands to the user to guide the user (e.g., a display with the vehicle heading to a determined destination: if the user has left the predefined data capturing path (e.g., a construction site, need to reroute see TESLA’317 para [0073]) then back on the pre-defined data capturing path;
if the data capturing of the surroundings has been disturbed or prevented by an obstacle, along the predefined data capturing path past the obstacle (e.g., blocked by an obstacle (e.g., “the vehicle is rerouted” (see TESLA’317 para [0073]).
I. Per dependent claim 9: The rationales and references for a rejection of claim 1 are incorporated.
Tesla’317 also suggests a step of receiving information regarding the distance which has to be covered to traverse the predefined data capturing path, in particular the distance from the start position to the end position (e.g., TESLA’317 para. [0014] teaches a distance to travel during a road trip)
J. Per dependent claim 10: The rationales and references for a rejection of claim 1 are incorporated.
Tesla’317 also suggests a step of receiving information regarding the expected time required to traverse the predefined data capturing path, or the time from the start position to the end position (e.g., less consumption of time – e.g., “the arrival time is configured with a threshold time to allow for differences between the estimated travel time and the actual travel time” see TESLA’317 para.[0016],[0038])
K. Per dependent claim 11: The rationales and references for a rejection of claim 1 are incorporated.
Tesla’317 also suggests a step of providing information regarding how a plurality of predefined data capturing paths are arrangeable such that the data of the surroundings from which a particularly colored 2D , is captured efficiently,such that the shortest/optimal possible distance has to be covered and/or the shortest/optimum possible time is required (see TESLA’317 para. [0014],[0044])
L. Per dependent claim 12: The rationales and references for a rejection of claim 1 are incorporated.
Applicant claims that path information comprises a course of the predefined data capturing path within an environmental map,wherein the environmental map is :a land map; TESLA’317 suggests this idea (e.g., a route map having a stop sign, or a parking space, or a traffic light ”see TESLA’317 [0054]);
5. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over TESLA’317 in view of HERRAIZ’738, in view of Beardsley, & in view of Huang’428 (US Pat. 11880428 B2 published on Nov 12 , 2021)
The rationales and references for a rejection of claim 1 are incorporated.
Tesla’317 also suggests that commands are provided:
acoustically by means of an audio signal (see TESLA’317 para [0025]).
- visually by means of visualization on a display (see TESLA’317 para. [0091],[0093]).
Tesla’317 does not disclose of using a haptic function to generate a vibration signal; however, Huang’428 suggests that idea (e.g., a vibration, see Huang’428 col. 6 lines 47-54)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Tesla’317, HERRAIZ’738, Beardsley with Huang’428 to provide another feeling to a driver with a vibration to make sure that the driver can have a prompt reaction.
Conclusion
6. Claims 1-4, and 6-15 are rejected.
7. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cuong H Nguyen whose telephone number is (571) 272-6759 (email address is cuong.nguyen@uspto.gov). The examiner can normally be reached on M - F: 10:00AM- 6:00PM. Examiner interviews are available via telephone, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bendidi Rachid can be reached on (571) 272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PATER. Status information for unpublished applications is available through Private PAIR only, For more information about the PAIR system, see https//ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll- free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or S71-272- 1000.
/CUONG H NGUYEN/Primary Examiner, Art Unit 3664
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