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
CLAIM INTERPRETATION
35 U.S.C. § 112(f)
MPEP 2181(I) discloses that a claim limitation will be presumed to invoke 35 U.S.C. 112(f) if it meets the following 3-prong analysis:
the claim limitation uses the phrase “means” or “step” or a term used as a substitute for “means” that is a generic placeholder;
the phrase “means” or “step” or the substitute term is modified by functional language, typically linked by the transition word “for” or another linking word; and
the phrase “means” or “step” or the substitute term is not modified by sufficient structure or material for performing the claimed function.
Claims 1, 11 disclose limitations which are presumed to invoke 35 U.S.C. 112(f) as said limitations meet said 3-prong analysis.
Regarding Claims 1 and 11, a location detector configured to determine is considered to read on Fig. 1 unit 123.
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 pointingout and distinctly claiming the subject matter which the inventor or a joint inventor regards as theinvention.
Claims 12-20 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 12-20 each recite ‘The aerial vehicle’ and depend from Claim 1 whereby Claim 1 is directed towards a ‘ground vehicle’. For the purpose of examination, claims 12-17 will be construed to depend from Claim 11, Claims 18-19 will be construed to depend from Claim 17, and Claim 20 will be construed to depend from Claim 14. Appropriate correction is required.
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.
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 non-obviousness.
Claims 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over SANIEI et al. (Pub. No.: US 2021-0049783) in view of LEE et al. (Pub. No: US 2021-0103296).
As per Claim 1 SANIEI discloses An automated ground vehicle configured to capture image data of objects, comprising (Fig. 1 vehicle 130 capture with camera 140 object 160 [Abstract] automated [0020]):
a ground vehicle having an image capturing device configured to capture image data of one or more objects (Figs. 1-6 vehicle 130 capture with camera 140 object 160 [Abstract] collecting images to assist with object location of objects [0015, 0020, 0022, 0024]);
an automated route to be followed by the ground vehicle to capture image data via a path that is offset to the one or more objects such that the image capturing device has a line of sight to a side-end of the one or more objects (Figs. 1-6 – Figs. 1, 3, 4 show offsets – as see route path track followed to collect image data step 555 of Fig. 5 [0059-0060] – and offset with obstacle objects in the visualized line of sight followed by train car vehicle to a detection point side-end of at least an obstacle object [0020, 0024, 0028]); and a location detector configured to: determine a location and orientation of the ground vehicle (Figs. 1-6 GPS unit 150 for train car location and track 180 determines orientation [0020-0022]),
and determine, based at least in part on metadata correlated to the image data (Figs. 1-6 metadata GPS unit 150 data to correlate with captured image – generating a POI location for the object [0060-0062]), a location of the one or more objects based on one or more of a location and an orientation (one of) of the ground vehicle (Figs. 1-6 location of ground vehicle at the GPS unit 150 to assist with POI location for the object [0055-0057] [0059-0062]).
SANIEI does not disclose but LEE discloses capture image data of objects in an intermodal storage facility (in at least Fig. 3 [0045, 0047] vehicle 130 captured objects within a storage warehouse [0007, 0034] with image sensor 223 for objects [0035, 0052, 0077]); capture image data of one or more objects stored in an intermodal storage facility (Figs. 1-3 survey objects imaged [0035] [0052] [0077])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include capture image data of objects in an intermodal storage facility; capture image data of one or more objects stored in an intermodal storage facility as taught by LEE into the system of SANIEI because of the benefit taught by LEE to expand upon the autonomous vehicle image-capturing and object-detection capabilities of SANIEI where images are collected from the ground to include images collected from the air in a storage facility utilized in a similar manner as with LEE thereby increasing the related improvements and features of SANIEI for image-capturing and object-detection importance for autonomous vehicles.
As per Claim 2 SANIEI discloses The ground vehicle of claim 1, wherein the ground vehicle is a car (Fig. 1 vehicle 130 may be a car [0015, 0044]).
As per Claim 3 SANIEI discloses The ground vehicle of claim 1, wherein the ground vehicle is a truck (Fig. 1 vehicle 130 may be a truck [0020]).
As per Claim 4 SANIEI discloses The ground vehicle of claim 1, wherein the image data includes one or more images (Fig. 1 camera 140 may take still images [0021]).
As per Claim 5 SANIEI discloses The ground vehicle of claim 1, wherein the image data includes video (Fig. 1 camera 140 may take video [0021]).
As per Claim 6 SANIEI discloses The ground vehicle of claim 1, wherein the metadata includes one or more of: a location of the ground vehicle (Figs. 1-4 GPS data from unit 150 affixed to vehicle along with camera [0022-0025]), an orientation of the ground vehicle (either or), and a timestamp of the image data (either or).
As per Claim 7 SANIEI discloses The ground vehicle of claim 1, further comprising a memory operably coupled to at least one processor and storing processor-readable code that, when executed by the at least one processor, is configured to perform operations (Fig. 2 system 200 contains memory 224; processor 226 [0029-0030] [0065]).
As per Claim 8 SANIEI discloses The ground vehicle of claim 7, wherein the operations further comprise detecting at least one object in the image data (Figs 1-5 step 525 [0057]).
As per Claim 9 SANIEI discloses The ground vehicle of claim 8, wherein the operations further comprise outputting one or more of an identification of the at least one object (at least one of) and the location of the at least one object (Figs. 1-4 object location output [0016] [0051-0053]).
Claims 11-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEE et al. (Pub. No: US 2021-0103296) in view of SANIEI et al. (Pub. No.: US 2021-0049783).
As per Claim 11 LEE discloses An automated aerial vehicle configured to capture image data of objects in an intermodal storage facility, comprising (in at least Fig. 3 [Abstract] [0045, 0047] vehicle 130 captured objects within a storage warehouse [0007, 0034] with image sensor 223 for objects [0035, 0052, 0077]): an aerial vehicle having an image capturing device configured to capture image data of one or more objects stored in an intermodal storage facility (Figs. 1-9 and in Fig. 3 [0045, 0047] vehicle 130 captured objects within a storage warehouse [0007, 0034] with image sensor 223 for objects [0035, 0052, 0077]); an automated route to be followed by the aerial vehicle to capture image data via a path (Figs. 1-9 optimal automated route planned generated based upon inventory layout scheme [0012] [0038] [0047]);
and a location detector configured to (Figs. 1-9 location [0047]): determine a location and orientation of the aerial vehicle (Figs. 1-9 location [0047] orientation heading direction for drone [0079-0082]), one or more of a location and an orientation (one of) of the aerial vehicle (Figs. 1-9 location [0047])
LEE does not disclose but SANIEI discloses a path that is offset to the one or more objects such that the image capturing device has a line of sight to a side-end of the one or more objects (Figs. 1-6 – Figs. 1, 3, 4 show offsets – as see route path track followed to collect image data step 555 of Fig. 5 [0059-0060] – and offset with obstacle objects in the visualized line of sight followed by train car vehicle to a detection point side-end of at least an obstacle object [0020, 0024, 0028]); and determine, based at least in part on metadata correlated to the image data (Figs. 1-6 metadata GPS unit 150 data to correlate with captured image – generating a POI location for the object [0060-0062]), a location of the one or more objects based on one or more of a location and an orientation (one of) of the vehicle (Figs. 1-6 location of ground vehicle at the GPS unit 150 to assist with POI location for the object [0055-0057] [0059-0062])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a path that is offset to the one or more objects such that the image capturing device has a line of sight to a side-end of the one or more objects; and determine, based at least in part on metadata correlated to the image data, a location of the one or more objects based on one or more of a location and an orientation of the vehicle as taught by SANIEI into the system of LEE because of the benefit taught by SANIEI to expand upon the autonomous vehicle image-capturing and object-detection capabilities of LEE to improve LEE’s inventory management system by including image-metadata combination processing to locate objects by means other than with sensors thereby increasing the related improvements and features of SANIEI for image-capturing and object-detection importance for autonomous vehicles.
As per Claim 12 LEE discloses The aerial vehicle of claim 1, wherein the aerial vehicle is an unmanned aerial system (Fig. 3 [Abstract]).
As per Claim 13 LEE discloses The aerial vehicle of claim 1, wherein the aerial vehicle is a manned aerial system (Fig. 3 [Abstract] control via user input instead [0038]).
As per Claim 14 LEE discloses The aerial vehicle of claim 1, wherein the image data includes one or more images (in at least Fig. 5 camera 530 [0045]).
As per Claim 15 LEE discloses The aerial vehicle of claim 1, wherein LEE does not disclose but SANIEI discloses the image data includes video (See said analysis for Claim 5) (The motivation that applied in Claim 1 applies equally to Claim 15).
As per Claim 16 LEE discloses The aerial vehicle of claim 1, wherein a location of the aerial vehicle (See said analysis for Claim 11)
LEE does not disclose but SANIEI discloses the metadata includes one or more of: a location of the vehicle (Figs. 1-6 metadata GPS unit 150 for train car location and track 180 determines orientation [0020-0022]), an orientation of the vehicle (one of), and a timestamp of the image data (one of) (The motivation that applied in Claim 1 applies equally to Claim 16).
As per Claim 17 LEE discloses The aerial vehicle of claim 1, further comprising a memory operably coupled to at least one processor and storing processor-readable code that, when executed by the at least one processor, is configured to perform operations (Figs. 1-9 disclosing memory and related processor [0113-0115]).
As per Claim 18 LEE discloses The aerial vehicle of claim 7, wherein the operations further comprise LEE does not disclose but SANIEI discloses detecting at least one object in the image data (See said analysis for Claim 8).
As per Claim 19 LEE discloses The aerial vehicle of claim 8, wherein the operations further comprise LEE does not disclose but SANIEI discloses outputting one or more of an identification of the at least one object and the location of the at least one object (See said analysis for Claim 9).
Allowable Subject Matter
Claims 10, 20 is/are objected to as being dependent upon the rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and but for the outstanding rejections under 35 U.S.C section 112(b).
Claims 10, 20 is/are allowed, but for the outstanding rejections under 35 U.S.C section 112(b). The following is an examiner’s statement of reasons for allowance:
As per Claim 10 the prior art of record either alone or in reasonable combination fails to teach or suggest “The ground vehicle of claim 4, wherein determining the location of the one or more objects includes: determining a heading of a detection of the object for each of the one or more images; generating a line for the object for each of the one or more images based on the heading and the location of the image capturing device at the time each of the one or more images was captured; and calculating the location of the object based on a location of intersections of all combinations of pairs of lines for the object for each of the one or more images" These limitations in combination with the other limitations of the independent claim are thus deemed allowable.
As per Claim 20 the prior art of record either alone or in reasonable combination fails to teach or suggest “The aerial vehicle of claim 4, wherein determining the location of the one or more objects includes: determining a heading of a detection of the object for each of the one or more images; generating a line for the object for each of the one or more images based on the heading and the location of the image capturing device at the time each of the one or more images was captured; and calculating the location of the object based on a location of intersections of all combinations of pairs of lines for the object for each of the one or more images" These limitations in combination with the other limitations of the independent claim are thus deemed allowable.
The closest prior art of record SANIEI et al. (Pub. No.: US 2021-0049783) in view of LEE et al. (Pub. No: US 2021-0103296) for Claims 10, 20 does not teach all the elements in combination with the other limitations of the independent claim. SANIEI only discloses a ground vehicle using image offsets to locate an object while LEE uses sensor data for object location.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eileen Adams whose telephone number is 571-270-3688. The examiner can normally be reached on Mon-Fri from 8:30-5:00 EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, William Vaughn can be reached on (571) 272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4688.
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/EILEEN M ADAMS/Primary Examiner, Art Unit 2481