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 a non-final office action on the merits. Claims 1-10 and 12 are currently pending and are addressed below.
The examiner notes that the fundamentals of the rejection are based on the broadest reasonable interpretation of the claim language. Applicant is kindly invited to consider the reference as a whole. References are to be interpreted as by one of ordinary skill in the art rather than as by a novice. See MPEP 2141. Therefore, the relevant inquiry when interpreting a reference is not what the reference expressly discloses on its face but what the reference would teach or suggest to one of ordinary skill in the art.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/22/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-10 and 12 rejected under 35 U.S.C. 101 because STEP 2A (Prong 1)
Claim 1An obstacle detection apparatus comprising:
a three-dimensional range sensor disposed on a front side of a traveling body in a traveling direction in which the traveling body travels on a road surface, the three- dimensional range sensor having an irradiation angle of laser beam being a depression angle relative to the road surface
and obstacle detection circuitry configured to detect an obstacle on the road surface by using a height map based on three-dimensional road surface data obtained from data acquired by the three-dimensional range sensor, the height map holding height information indicating a height from the road surface
The examiner submits that the foregoing bolded limitations constitute a mental process because under its broadest reasonable interpretation, the claim covers performance of limitations in the human mind. The “detect” step in the context of the claims, encompasses a person looking at the sensor data collected (obtained, received, acquired, etc.) and forming a simple judgement (determination, analysis, comparison, etc.) regarding the objects present in a vehicle controls related area either mentally, or using pen and paper. For example, provided the data, a person could evaluate height information representing a road surface to determine whether there is an obstacle present. Thus, claim 1 recites at least one mental process.Claim 10
A traveling body, comprising:
a driver configured to travel on a road surface
a three-dimensional range sensor disposed on a front side of the traveling body in a traveling direction in which the driver travels, the three-dimensional range sensor having an irradiation angle of laser beam being a depression angle relative to the road surface
and obstacle detection circuitry configured to detect an obstacle on the road surface by using a height map based on three-dimensional road surface data obtained from data acquired by the three-dimensional range sensor, the height map holding height information indicating a height from the road surface.
Similar to claim 1, the examiner submits that the foregoing bolded limitations constitute a mental process because under its broadest reasonable interpretation, the claim covers performance of limitations in the human mind. The “detect” step in the context of the claims, encompasses a person looking at the sensor data collected (obtained, received, acquired, etc.) and forming a simple judgement (determination, analysis, comparison, etc.) regarding the objects present in a vehicle controls related area either mentally, or using pen and paper. For example, provided the data, a person could evaluate height information representing a road surface to determine whether there is an obstacle present. Thus, claim 10 recites at least one mental process.
Claim 12
A non-transitory recording medium storing a plurality of program codes which, when executed by one or more processors, causes the processors to perform an obstacle detection method, comprising:
generating a height map based on three-dimensional road surface data obtained from data acquired by a three-dimensional range sensor, the height map holding height information indicating a height from a road surface
wherein the three-dimensional range sensor is disposed on a front side of a traveling body in a traveling direction in which the traveling body travels on the road surface and has an irradiation angle of laser beam being a depression angle relative to the road surface
and detecting an obstacle on the road surface by the height map Similar to claims 1 and 10, the examiner submits that the foregoing bolded limitations constitute a mental process because under its broadest reasonable interpretation, the claim covers performance of limitations in the human mind. The “detect” and “generate” steps in the context of the claims, encompasses a person looking at the sensor data collected (obtained, received, acquired, etc.) and forming a simple judgement (determination, analysis, comparison, etc.) regarding the objects present in a vehicle controls related area either mentally, or using pen and paper. For example, provided the data, a person could evaluate height information representing a road surface to determine whether there is an obstacle present by manually drawing, or mapping the road surface data obtained. Thus, claim 12 recites at least one mental process.
STEP 2A (Prong 2)Claim 1An obstacle detection apparatus comprising:
a three-dimensional range sensor disposed on a front side of a traveling body in a traveling direction in which the traveling body travels on a road surface, the three- dimensional range sensor having an irradiation angle of laser beam being a depression angle relative to the road surface
and obstacle detection circuitry configured to detect an obstacle on the road surface by using a height map based on three-dimensional road surface data obtained from data acquired by the three-dimensional range sensor, the height map holding height information indicating a height from the road surface
The examiner submits that the identified additional limitation do not integrate the
previously discussed abstract ideas into practical applications. Regarding the additional
limitations of, “acquired by the three-dimensional range sensor,” it is a form of insignificant extra- solution activity. The “acquired” step is recited at a high level of generality (i.e. as a general means of receiving, obtaining etc., sensor data regarding an environment associated with a moving body) and amounts to mere data gathering which is a form of insignificant extra-solution activity. As such, the additional elements of claim 1 do not integrate the abstract idea into practical application. Additionally, the examiner submits that the identified additional limitation does not integrate the previously discussed abstract idea into practical applications. The recited facilities such as the “a three-dimensional range sensor,” and “obstacle detection circuitry,” are generic computer components meant to implement the abstract ideas into a computer and merely “apply” the mental judgements in a general-purpose vehicle controls environment.
Claim 10
A traveling body, comprising:
a driver configured to travel on a road surface
a three-dimensional range sensor disposed on a front side of the traveling body in a traveling direction in which the driver travels, the three-dimensional range sensor having an irradiation angle of laser beam being a depression angle relative to the road surface
and obstacle detection circuitry configured to detect an obstacle on the road surface by using a height map based on three-dimensional road surface data obtained from data acquired by the three-dimensional range sensor, the height map holding height information indicating a height from the road surface
The examiner submits that the identified additional limitation do not integrate the
previously discussed abstract ideas into practical applications. Regarding the additional
limitations of, “acquired by the three-dimensional range sensor,” it is a form of insignificant extra- solution activity. The “acquired” step is recited at a high level of generality (i.e. as a general means of receiving, obtaining etc., sensor data regarding an environment associated with a moving body) and amounts to mere data gathering which is a form of insignificant extra-solution activity. As such, the additional elements of claim 10 do not integrate the abstract idea into practical application. Additionally, the examiner submits that the identified additional limitation does not integrate the previously discussed abstract idea into practical applications. The recited facilities such as the “a three-dimensional range sensor,” and “obstacle detection circuitry,” are generic computer components meant to implement the abstract ideas into a computer and merely “apply” the mental judgements in a general-purpose vehicle controls environment.
Claim 12
A non-transitory recording medium storing a plurality of program codes which, when executed by one or more processors, causes the processors to perform an obstacle detection method, comprising:
generating a height map based on three-dimensional road surface data obtained from data acquired by a three-dimensional range sensor, the height map holding height information indicating a height from a road surface
wherein the three-dimensional range sensor is disposed on a front side of a traveling body in a traveling direction in which the traveling body travels on the road surface and has an irradiation angle of laser beam being a depression angle relative to the road surface
and detecting an obstacle on the road surface by the height map
The examiner submits that the identified additional limitation do not integrate the
previously discussed abstract ideas into practical applications. Regarding the additional
limitations of, “acquired by the three-dimensional range sensor,” it is a form of insignificant extra- solution activity. The “acquired” step is recited at a high level of generality (i.e. as a general means of receiving, obtaining etc., sensor data regarding an environment associated with a moving body) and amounts to mere data gathering which is a form of insignificant extra-solution activity. As such, the additional elements of claim 1 do not integrate the abstract idea into practical application. Additionally, the examiner submits that the identified additional limitation does not integrate the previously discussed abstract idea into practical applications. The recited facilities such as the “a three-dimensional range sensor,” and “obstacle detection circuitry,” are generic computer components meant to implement the abstract ideas into a computer and merely “apply” the mental judgements in a general-purpose vehicle controls environment.
STEP 2B
Claims 1, 10, and 12 do not include additional elements (considered individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above. The additional elements such as a three-dimensional range sensor and obstacle detection circuitry to perform the steps amounts to nothing more than applying the exception using generic computer components. General application of an exception using a generic computer component cannot provide an inventive concept.
Thus, since claims 1, 10, and 12 are: (a) directed towards abstract ideas, (b) do not recite additional elements that integrate the judicial exception into a practical application, and (c) do not recite additional elements that amount to significantly more than the judicial exception, it is clear that claims 1, 10, and 12 are directed towards non-statutory subject matter. Dependent claims 2-9 do not recite any further limitations that cause the claims to be patent eligible. The limitations of the dependent claims are directed towards additional aspects of the judicial exception and/or additional elements that do not integrate the judicial exception into a practical application.
As such, claims 1-10 and 12 are rejected under 35 U.S.C 101 as being drawn to an abstract idea.
Claim Rejections - 35 USC § 102
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.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 4-5, 8-10, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim Jae Kwang et al. (KR102452550B1).
Regarding claim 1, Kwang discloses: an obstacle detection apparatus (see at least Kwang, ¶¶ [0001]-[0003]) comprising:
a three-dimensional range sensor disposed on a front side of a traveling body in a traveling direction in which the traveling body travels on a road surface, (see at least Kwang, ¶¶ [0012], which discloses the data capture and structuring occurs in the longitudinal traveling direction; [0001]-[0003], [0055]-[0057] which discloses a three-dimensional range (3D) LIDAR sensor which measures data regarding an obstacle in front of the vehicle)
the three-dimensional range sensor having an irradiation angle of laser beam being a depression angle relative to the road surface (see at least Kwang, Fig.4a-b, which discloses an example of the LIDAR detecting the road scene ahead and detecting an obstacle in front of the vehicle; [0001]-[0003], [0012], [0039] which discloses the LIDAR at an angle sensing a forward road area from a mounted perspective with the laser angled with respect to the road surface so as to sense the road area in front of the vehicle, this means the three-dimensional range sensor having an irradiation angle of laser beam being a depression angle relative to the road surface)
and obstacle detection circuitry configured to detect an obstacle on the road surface by using a height map based on three-dimensional road surface data obtained from data acquired by the three-dimensional range sensor, the height map holding height information indicating a height from the road surface (see at least Kwang, ¶¶ [0055]-[0057] which discloses a three-dimensional range (3D) LIDAR sensor which measures data regarding an obstacle in front of the vehicle; [0023]-[0026], [0052]-[0053] which discloses detecting an object based on LIDAR data related to using a 3D grid map representative of a minimum and maximum height position; height indicative of clustering points onto a X-Y-Z (three dimensional grid) relative to the road surface, this means the height map holding height information indicating a height from the road surface)
Examiner Note: It should be noted that while “irradiation angle,” is not specified in the disclosed reference, it is implied. As the disclosure provides the LIDAR is disposed in front of the vehicle in order to detect an obstacle and additionally that data is converted to fit the reference coordinate system according to the vehicle mounting position angle of the lidar sensor, this is only possible if the lidar had a depression angle relative to the road surface of the traveling vehicle.
Regarding claim 2, Kwang discloses: the obstacle detection apparatus according to claim 1, wherein: the three-dimensional road surface data is three-dimensional data with reference to the traveling body, and the height map is a two-dimensional map that holds a maximum height from the road surface as the height information (see at least Kwang, ¶¶ [0039], [0048], [0052]-[0053], [0074]-[0075], which discloses the data being divided into two categories of 2D and 3D clustering with reference to the vehicle, the height map data is projected onto a X-Y plane, this means the three-dimensional road surface data is three-dimensional data with reference to the traveling body, and the height map is a two-dimensional map that holds a maximum height from the road surface as the height information)
Regarding claim 4, Kwang discloses: the obstacle detection apparatus according to claim 2, wherein: the three-dimensional range sensor is disposed at a height and an inclination angle that make the road surface detectable up to a position in front of a front end of the traveling body in the traveling direction (see at least Kwang, Fig.4a-b, which discloses an example of the LIDAR detecting the road scene ahead and detecting an obstacle in front of the vehicle; [0001]-[0003], [0012], [0039] which discloses the LIDAR at an angle sensing a forward road area from a mounted perspective with the laser angled with respect to the road surface so as to sense the road area in front of the vehicle, this means the three-dimensional range sensor is disposed at a height and an inclination angle that make the road surface detectable up to a position in front of a front end of the traveling body in the traveling direction)
Regarding claim 5, Kwang discloses: the obstacle detection apparatus according to claim 2, wherein the obstacle detection circuitry is configured to:
determine whether a height obstacle is present on the road surface based on a height difference and a smoothness feature (see at least Kwang, ¶¶ [0050]-[0053], which discloses processing a cell having a maximum height position of the points equal to or less than a predetermined threshold as a background cell, this means determine whether a height obstacle is present on the road surface based on a height difference and a smoothness (clustering) feature)
and determine whether a ditch obstacle is present on the road surface based on a height difference in neighboring points on the height map (see at least Kwang, ¶¶ [0051] discloses removing the background cell estimated as the road surface in advance by using 3D information of points in the LiDAR data and the relationship between neighboring points before generating the grid map, this means determine whether a ditch obstacle is present on the road surface based on a height difference in neighboring points on the height map)
Regarding claim 8, Kwang discloses: the obstacle detection apparatus according to claim 2, wherein: the traveling body includes a crawler traveling body having a ground contact length as a driver and the obstacle detection circuitry unit is configured to detect the obstacle based on a determination parameter that suits the driver (see at least Kwang, Fig.4a-b, which discloses an example of the LIDAR detecting the road scene ahead and detecting an obstacle in front of the vehicle; [0001]-[0003], [0012], [0039] which discloses the LIDAR at an angle sensing a forward road area from a mounted perspective with the laser angled with respect to the road surface so as to sense the road area in front of the vehicle, this means having a ground contact length as a driver and the obstacle detection circuitry unit is configured to detect the obstacle based on a determination parameter that suits the driver)
Regarding claim 9, Kwang discloses: the obstacle detection apparatus according to claim 1, wherein: the three-dimensional range sensor is configured to acquire the three-dimensional road surface data in 360 degrees (see at least Kwang, ¶¶ [0055]-[0057] which discloses a three-dimensional range (3D) LIDAR sensor which measures data regarding an obstacle in front of the vehicle; [0023]-[0026], [0052]-[0053] which discloses detecting an object based on LIDAR data related to using a 3D grid map representative of a minimum and maximum height position; height indicative of clustering points onto a X-Y-Z (three dimensional grid) relative to the road surface)
Regarding claim 10, Kwang discloses: a traveling body (see at least Kwang, ¶¶ [0001]-[0003]), comprising:
a driver configured to travel on a road surface (see at least Kwang, ¶¶ [0001]-[0003])
a three-dimensional range sensor disposed on a front side of the traveling body in a traveling direction in which the driver travels (see at least Kwang, ¶¶ [0012], which discloses the data capture and structuring occurs in the longitudinal traveling direction; [0001]-[0003], [0055]-[0057] which discloses a three-dimensional range (3D) LIDAR sensor which measures data regarding an obstacle in front of the vehicle)
the three-dimensional range sensor having an irradiation angle of laser beam being a depression angle relative to the road surface (see at least Kwang, Fig.4a-b, which discloses an example of the LIDAR detecting the road scene ahead and detecting an obstacle in front of the vehicle; [0001]-[0003], [0012], [0039] which discloses the LIDAR at an angle sensing a forward road area from a mounted perspective with the laser angled with respect to the road surface so as to sense the road area in front of the vehicle, this means the three-dimensional range sensor having an irradiation angle of laser beam being a depression angle relative to the road surface)
and obstacle detection circuitry configured to detect an obstacle on the road surface by using a height map based on three-dimensional road surface data obtained from data acquired by the three-dimensional range sensor, the height map holding height information indicating a height from the road surface (see at least Kwang, ¶¶ [0055]-[0057] which discloses a three-dimensional range (3D) LIDAR sensor which measures data regarding an obstacle in front of the vehicle; [0023]-[0026], [0052]-[0053] which discloses detecting an object based on LIDAR data related to using a 3D grid map representative of a minimum and maximum height position; height indicative of clustering points onto a X-Y-Z (three dimensional grid) relative to the road surface, this means the height map holding height information indicating a height from the road surface)
Regarding claim 12, Kwang discloses: a non-transitory recording medium storing a plurality of program codes which, when executed by one or more processors, causes the processors to perform an obstacle detection method (see at least Kwang, ¶¶ [0030]), comprising:
generating a height map based on three-dimensional road surface data obtained from data acquired by a three-dimensional range sensor, the height map holding height information indicating a height from a road surface (see at least Kwang, ¶¶ [0017]-[0020], [0051], which discloses generating a height map based on LIDAR data obtained from data acquired by the sensor, the height map holding height information indicating a height from a road surface)
wherein the three-dimensional range sensor is disposed on a front side of a traveling body in a traveling direction in which the traveling body travels on the road surface and has an irradiation angle of laser beam being a depression angle relative to the road surface (see at least Kwang, Fig.4a-b, which discloses an example of the LIDAR detecting the road scene ahead and detecting an obstacle in front of the vehicle; [0001]-[0003], [0012], [0039] which discloses the LIDAR at an angle sensing a forward road area from a mounted perspective with the laser angled with respect to the road surface so as to sense the road area in front of the vehicle, this means the three-dimensional range sensor having an irradiation angle of laser beam being a depression angle relative to the road surface)
and detecting an obstacle on the road surface by the height map (see at least Kwang, ¶¶ [0055]-[0057] which discloses a three-dimensional range (3D) LIDAR sensor which measures data regarding an obstacle in front of the vehicle; [0023]-[0026], [0052]-[0053] which discloses detecting an object based on LIDAR data related to using a 3D grid map representative of a minimum and maximum height position; height indicative of clustering points onto a X-Y-Z (three dimensional grid) relative to the road surface, this means the height map holding height information indicating a height from the road surface)
Claim Rejections - 35 USC § 103
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.
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.
Claims 3 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kwang in view of Narumi Kenji et al. (WO2022123887A1), hereinafter referred to as Kenji.
Regarding claim 3, Kwang is silent on, however, in the same field of endeavor, Kenji teaches: the obstacle detection apparatus according to claim 2, wherein: the three-dimensional road surface data is subjected to vibration correction by plane detection and superimposed over time to generate corrected road surface data and the obstacle detection circuitry is configured to generate the height map based on the corrected road surface data (see at least Kenji, pg.1, par.9, pg.4-5, which discloses vibration correction by plane detection and superimposed over time to generate corrected road surface data)
It would have been obvious to a person of ordinary skill in the art to modify Kwang to include wherein: the three-dimensional road surface data is subjected to vibration correction by plane detection and superimposed over time to generate corrected road surface data and the obstacle detection circuitry is configured to generate the height map based on the corrected road surface data as taught by Kenji. Incorporating the teaching would allow for an improvement that appropriately performs distance measurement by emitting a light beam in an appropriate direction even on an inclined surface including, for example, unevenness or a step.
Regarding claim 6, Kwang discloses: the obstacle detection apparatus according to claim 3, wherein: the obstacle detection circuitry is configured to generate a voxel grid based on a result of the vibration correction, to generate the height map (see at least Kwang, ¶¶ [0011] which discloses generating a 3D grid map composed of variable cells according to the distance, this means the obstacle detection circuitry is configured to generate a voxel grid)
Regarding claim 7, Kwang discloses: the obstacle detection apparatus according to claim 3, wherein: the obstacle detection circuitry is configured to perform noise removal based on a point group distribution of a result of the vibration correction (see at least Kwang, ¶¶ [0039] which discloses an instance of removing a point having low signal intensity or reflectance through intensity or confidence information through filter, this means performing noise removal based on a point group distribution of a result of the vibration correction)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTEN JADE M SANTOS whose telephone number is (571)272-7442. The examiner can normally be reached Monday: 9:00 am - 5:00 pm (+ with flex).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachid Bendidi can be reached at (571) 272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIRSTEN JADE M SANTOS/Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664
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