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 .
Response to Amendment
In the response filed 06/02/2026, applicant amended claim 15. Therefore, claims 1-15 are currently pending.
Response to Arguments
Claims Rejections under 35 U.S.C. §101
The examiner thanks the applicant for their attention to this matter and due to amendment, the claims rejections under 35 U.S.C. §101 are hereby withdrawn.
Claims Rejections under 35 U.S.C. §102
The examiner thanks the applicant for providing an explanation of claim 1 and Zhou in their interpretation.
Applicant's arguments filed 06/02/2026 have been fully considered but they are not persuasive.
On page 8 of the remarks, applicant alleges that Zhou does not disclose at least determining “a transition of the mobile mining vehicle between the first time instance and the second time instance.” The examiner respectfully disagrees as speed, slope and the angle in which a vehicle is traveling would literally have no meaning without measuring the transition between two discrete points. This is a fundamental law of both mathematics and physics. Furthermore, Paragraph [0016] is further bolstered by the specific carrying out of this function by discrete functionality as evidenced by paragraphs [0021], [0022], [0046], [0050], [0056], [0060]-[0075].
Next, applicant alleges Zhou does not disclose, “transforming a fist set of measurement data to a coordinate frame of a second set of measurement data as claimed.” So far as the vague generalities of the claim language go, mere ‘sets of data’, ‘measurement data’ and the like have not concrete meaning. The state of the art would indeed dictate that this data would be positional data obtained from position sensors and that data would be transformed to a local world using well-established GPS to create a local point cloud map. If the applicant has support for and wishes to get protection for further specificities, those need to be clearly recited in the claim.
With respect to the comment regarding anticipation, it is believed the above shows that each and every limitation is disclosed clearly and unambiguously. What appears to be ambiguous is what is alleged to be claimed and what is actually being claimed.
Lastly, with respect to the problem to be solved argument, the examiner points to MPEP §2131.05, which states in part, “Arguments that the alleged anticipatory prior art is ‘nonanalogous art’ or ‘teaches away from the invention’ or is not recognized as solving the problem solved by the claimed invention, [are] not ‘germane’ to a rejection under section 102." Therefore, this argument does not apply and will not be considered any further.
The responses above are also applicable to independent claims 14 and 15.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhou et al., (US 2023/0406366 A1) referred to as ZHOU hereinafter.
Regarding claim 1, ZHOU shows a data processing apparatus for a mobile mining vehicle comprising including at least one sensor configured to scan the environment of the mobile mining vehicle operating in a mining environment, the apparatus comprising at least one processor and at least one memory including computer program code, the at least one memory and the computer program code being configured to with the at least one processor, cause the apparatus at least to:
receive a first set of measurement data relating to an environment of the mobile mining vehicle at a first time instance, the first set of measurement data comprising including one or more data frames provided by the at least one sensor (Paragraphs [0013]-[0014] disclose frame-by-frame detection of the environment in order to use mark, speed and distance data to predict target obstructions and self-driving abilities. Paragraph [0050] discloses generation of a point cloud map of every moment in time of the GPS of said vehicle, therefore this would constitute a spectrum of discrete time points to be measured.);
receive a second set of measurement data relating to the environment of the mobile mining vehicle at a second time instance, the second set of measurement data comprising including one or more data frames provided by the at least one sensor (Paragraph [0050] discloses generation of a point cloud map of every moment in time of the GPS of said vehicle, therefore this would constitute a spectrum of discrete time points to be measured.);
determine a transition of the mobile mining vehicle between the first time instance and the second time instance (Paragraph [0016] discloses such. For example, speed would be a distance moved over time, slope would be rotation around the center axis of the vehicle and steering angle dictates a left/right translation.);
form a combined set of measurement data by transforming the first set of measurement data to a coordinate frame of the second set of measurement data based on the transition of the mobile mining vehicle and a data buffer parameter corresponding to a number of data frames to be included in the combined set of measurement data (Paragraphs [0013]-[0014] disclose frame-by-frame detection of the environment in order to use mark, speed and distance data to predict target obstructions and self-driving abilities.); and
provide the combined set of measurement data to an obstacle detection system of the mobile mining vehicle (Paragraphs [0015]-[0017] make decisions on driving based on the input data analysis.).
Regarding claim 2, ZHOU shows the limitations of claim 1 as applied above, and further shows wherein the first set of measurement data comprises includes a plurality of data frames and the second set of measurement data comprises includes a single data frame, or wherein the first set of measurement data comprises includes a single data frame and the second set of measurement data comprises includes a plurality of data frames (Paragraphs [0013]-[0014] describe both single- and multi-frame data associations for different tasks. Their ordering is insignificant.).
Regarding claim 3, ZHOU shows the limitations of claim 1 as applied above, and further shows wherein the transition of the mobile mining vehicle comprises includes at least one of the following: a translation of the mobile mining vehicle or a rotation of the mobile mining vehicle (Paragraph [0016] discloses such. For example, speed would be a distance moved over time, slope would be rotation around the center axis of the vehicle and steering angle dictates a left/right translation.).
Regarding claim 4, ZHOU shows the limitations of claim 1 as applied above, and further shows wherein the first set of measurement data comprises includes first point cloud data and the second set of measurement data comprises includes second point cloud data (Paragraph [0022] discloses point cloud generation and its characteristics.).
Regarding claim 5, ZHOU shows the limitations of claim 1 as applied above, and further shows wherein the at least one memory and the computer program code are configured to with the at least one processor, cause the apparatus to determine the transition of the mobile mining vehicle based on the first set of measurement data and the second set of measurement data (Paragraph [0016] discloses a module for carrying out these determinations.).
Regarding claim 6, ZHOU shows the limitations of claim 1 as applied above, and further shows wherein the at least one memory and the computer program code are configured to with the at least one processor, cause the apparatus to determine the transition of the mobile mining vehicle based on data from one or more sensors associated with the mobile mining vehicle (Paragraph [0016] discloses a module for carrying out these determinations. Also, Paragraph [0013]. [0019] LiDAR among others.).
Regarding claim 7, ZHOU shows the limitations of claim 1 as applied above, and further shows wherein transforming the first set of measurement data to a coordinate frame of the second set of measurement data comprises includes mapping coordinates of data points included in the first set of measurement data relative to an origin of the coordinate frame of the second set of measurement data (Paragraph [0012], perception map, among other descriptions involving point clouds.).
Regarding claim 8, ZHOU shows the limitations of claim 1 as applied above, and further shows wherein the data buffer parameter further defines at least one criterion to be fulfilled by a data frame to be included to the combined set of measurement data (Paragraph [0074] discloses a delay error reduction variable for more accurate rotation angle interpretation.).
Regarding claim 9, ZHOU shows the limitations of claim 1 as applied above, and further shows wherein the at least one memory and the computer program code are further configured to with the at least one processor, cause the apparatus to determine at least one transformation matrix for transforming the first set of measurement data to a coordinate frame of the second set of measurement data based on the transition of the mobile mining vehicle (Paragraphs [0107]-[0113] discloses fusing both the single- and multi-frame data together for transition and risk detection.).
Regarding claim 10, ZHOU shows the limitations of claim 1 as applied above, and further shows wherein forming the combined set of measurement data comprises includes appending history data to new data (Paragraphs [0109]-[0113] disclose risk prediction that combines current input conditions with established facts and a knowledge base of rules in order to make risk predictions on proposed movements of the mining vehicle.).
Regarding claim 11, ZHOU shows the limitations of claim 1 as applied above, and further shows wherein the first set of measurement data and the second set of measurement data comprise include lidar data (Paragraph [0013]. [0019] LiDAR among others.).
Regarding claim 12, ZHOU shows the limitations of claim 1 as applied above, and further shows wherein the transition of the mobile mining vehicle comprises includes a transition of the mobile mining vehicle in relation to a reference coordinate system (Paragraph [0021] discloses relativity with respect to a coordinate system.).
Regarding claim 13, ZHOU shows a mobile mining vehicle comprising an apparatus according to claim 1 (Abstract).
Regarding claim 14, ZHOU shows a method comprising:
receiving a first set of measurement data relating to an environment of the mobile mining vehicle at a first time instance, the first set of measurement data comprising including one or more data frames (Paragraphs [0013]-[0014] disclose frame-by-frame detection of the environment in order to use mark, speed and distance data to predict target obstructions and self-driving abilities. Paragraph [0050] discloses generation of a point cloud map of every moment in time of the GPS of said vehicle, therefore this would constitute a spectrum of discrete time points to be measured.);
receiving a second set of measurement data relating to the environment of the mobile mining vehicle at a second time instance, the second set of measurement data comprising including one or more data frames (Paragraph [0050] discloses generation of a point cloud map of every moment in time of the GPS of said vehicle, therefore this would constitute a spectrum of discrete time points to be measured.);
determining a transition of the mobile mining vehicle between the first time instance and the second time instance (Paragraph [0016] discloses such. For example, speed would be a distance moved over time, slope would be rotation around the center axis of the vehicle and steering angle dictates a left/right translation.);
forming a combined set of measurement data by transforming the first set of measurement data to a coordinate frame of the second set of measurement data based on the transition of the mobile mining vehicle and a data buffer parameter corresponding to a number of data frames to be included in the combined set of measurement data (Paragraphs [0013]-[0014] disclose frame-by-frame detection of the environment in order to use mark, speed and distance data to predict target obstructions and self-driving abilities.); and
providing the combined set of measurement data to an obstacle detection system of the mobile mining vehicle (Paragraphs [0015]-[0017] make decisions on driving based on the input data analysis.).
Regarding claim 15, ZHOU shows a computer program comprising including instructions for causing an apparatus to perform at least the following:
receiving a first set of measurement data relating to an environment of the mobile mining vehicle at a first time instance, the first set of measurement data comprising including one or more data frames (Paragraphs [0013]-[0014] disclose frame-by-frame detection of the environment in order to use mark, speed and distance data to predict target obstructions and self-driving abilities. Paragraph [0050] discloses generation of a point cloud map of every moment in time of the GPS of said vehicle, therefore this would constitute a spectrum of discrete time points to be measured.);
receiving a second set of measurement data relating to the environment of the mobile mining vehicle at a second time instance, the second set of measurement data comprising including one or more data frames (Paragraph [0050] discloses generation of a point cloud map of every moment in time of the GPS of said vehicle, therefore this would constitute a spectrum of discrete time points to be measured.);
determining a transition of the mobile mining vehicle between the first time instance and the second time instance (Paragraph [0016] discloses such. For example, speed would be a distance moved over time, slope would be rotation around the center axis of the vehicle and steering angle dictates a left/right translation.);
forming a combined set of measurement data by transforming the first set of measurement data to a coordinate frame of the second set of measurement data based on the transition of the mobile mining vehicle and a data buffer parameter corresponding to a number of data frames to be included in the combined set of measurement data (Paragraphs [0013]-[0014] disclose frame-by-frame detection of the environment in order to use mark, speed and distance data to predict target obstructions and self-driving abilities.); and
providing the combined set of measurement data to an obstacle detection system of the mobile mining vehicle (Paragraphs [0015]-[0017] make decisions on driving based on the input data analysis.).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN W. RIDER whose telephone number is (571)270-1068. The examiner can normally be reached Monday-Friday, 7.00 am - 4.30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jamie J Atala can be reached at (571) 272-7384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JUSTIN W. RIDER
Primary Patent Examiner
Art Unit 2486
/Justin W Rider/ Primary Patent Examiner, Art Unit 2486
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