Prosecution Insights
Last updated: July 05, 2026
Application No. 19/216,954

STEP POSITION DETECTION APPARATUS

Non-Final OA §101§103
Filed
May 23, 2025
Priority
May 29, 2024 — JP 2024-086877
Examiner
GREENE, DANIEL LAWSON
Art Unit
Tech Center
Assignee
Optowl Co. Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
1y 9m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
677 granted / 885 resolved
+16.5% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
20 currently pending
Career history
896
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
74.4%
+34.4% vs TC avg
§102
9.4%
-30.6% vs TC avg
§112
0.4%
-39.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 885 resolved cases

Office Action

§101 §103
DETAILED ACTION This is the First Office Action on the Merits and is directed towards claims 1-11 as originally presented and filed on 05/23/2025. Notice of Pre-AIA or AIA Status Priority is claimed as set forth below, accordingly the earliest effective filing date is May 29, 2024 (20240529). The present application, effectively filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). This application claims priority to Japanese Patent Application No. 2024-086877, filed on May 29, 2024 (20240529). Information Disclosure Statement As required by M.P.E.P. 609 [R-07.2022], Applicant's 05/23/2025 submission(s) of Information Disclosure Statement (IDS)(s) is/are acknowledged by the Examiner and the reference(s) cited therein has/have been considered in the examination of the claim(s) now pending. A copy of the submitted IDS(s) initialed and dated by the Examiner is/are attached to the instant Office action. 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 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to without significantly more. The claim(s) recite(s) A step position detection apparatus comprising: a processor; and a memory that includes instructions, which when executed, cause the processor to execute: acquiring, by an imaging device, a condition including at least a road surface around a work machine, as point group information; estimating an area where unevenness of the road surface does not exceed a predetermined height, as a flat road based on the acquired point group information including height information; and estimating an extended part of the road surface hidden by a step, among a first flat road where the work machine exists and a second flat road located at a lower position than the first flat road included in the estimated flat road and A step position detection apparatus comprising: a processor; and a memory that includes instructions, which when executed, cause the processor to execute: acquiring, by an imaging device, a condition including at least a road surface around a work machine, as point group information; estimating an area where unevenness of the road surface does not exceed a predetermined height, as a flat road based on the acquired point group information including height information; and detecting a boundary between a first flat road where the work machine exists and a second flat road located at a lower position than the first flat road included in the estimated flat road, and estimating a shape of a step from a position of the boundary and an angular state of the boundary. This judicial exception is not integrated into a practical application because the claim(s) is(are) directed to an abstract idea with additional generic computer elements, that are generically recited and as such do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. Further the claim(s) is(are) appear directed to a method of using a naturally occurring correlation and the data gathering steps required to use the correlation do not add a meaningful limitation to the method as they are insignificant extra-solution activity and is nothing more than an attempt to generally link the product of nature to a particular technological environment. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, when considered separately and in combination, do not add significantly more (also known as an “inventive concept”) to the exception. For example, the additional limitations only store and retrieve information in memory, which are well-understood, routine, conventional computer functions as recognized by the court decisions listed in MPEP § 2106.05(d) 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 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 nonobviousness. Claims 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20200111229 A1 to ISHIZAKI; Masataka (cited in the IDS) in view of JP H09272700 A to TORII RYUJI. Regarding claim 1 ISHIZAKI teaches in for example the Figure(s) reproduced immediately below: PNG media_image1.png 492 602 media_image1.png Greyscale PNG media_image2.png 872 586 media_image2.png Greyscale PNG media_image3.png 805 530 media_image3.png Greyscale PNG media_image4.png 356 583 media_image4.png Greyscale PNG media_image5.png 802 536 media_image5.png Greyscale PNG media_image6.png 804 564 media_image6.png Greyscale and associated descriptive texts a step position detection apparatus (given the Broadest Reasonable Interpretation (BRI) a Person of Ordinary Skill In The Art (POSITA) would have seen in the figures above an apparatus 30 detecting step positions “ST” as explained in for example para: “[0037] As shown in FIG. 3, the position detection apparatus 30 of the present embodiment detects a road surface R2, which is a flat surface lower than a road surface R1, on which the forklift 10 is present. The object to be detected is not limited to the road surface R2, and any flat surface lower than the road surface R1 is detected as the low position. The road surface R2 is formed due to a step ST. The road surface R1 is a road surface on a platform which is provided according to the height of a carrier of a truck when, e.g., a cargo is loaded onto or unloaded from the truck by the forklift 10. The road surface R2 is a road surface on which the truck is stopped. The step ST is a portion positioned at a boundary between the road surface R1 and the road surface R2, and is a wall portion which causes a height difference between the road surface R1 and the road surface R2. Hereinbelow, the road surface R1 on which the forklift 10 is present is referred to as a first road surface R1 and the road surface R2 lower than the first road surface R1 is referred to as a second road surface R2, and a description will be made.”) comprising: a processor (given the BRI connotes “image processing section 41” as explained in for example para: “[0036] The image processing section 41 includes a CPU 42, and a storage section 43 which includes a RAM and a ROM. The storage section 43 stores various programs for detecting the low position from the image captured by the stereo camera 31. The image processing section 41 is not limited to one that performs software processing on all processes executed by itself. The image processing section 41 may be equipped with a dedicated hardware circuit (e.g., application specific integrated circuit: ASIC) that performs hardware processing on at least some of the processes. That is, the image processing section 41 is may be configured as (a) one or more processors that operate in accordance with a computer program (software), (b) one or more dedicated hardware circuits such as ASICs, or (c) circuitry including combinations thereof. The processor includes a CPU and memories such as a RAM and a ROM. The memory stores program codes or instructions configured to cause the CPU to execute the processing. The memories, that is, non-transitory computer-readable storage medium, include any type of media that are accessible by general-purpose computers and dedicated computers.”); and a memory that includes instructions (see para [0036] above and storage section 43 in Fig. 2), which when executed, cause the processor to execute: acquiring, by an imaging device, a condition including at least a road surface around a work machine, as point group information (as shown in Figs. 4 and 5 and explained in para: “[0053] As shown in FIGS. 4 and 7, in Step S11, the image processing section 41 extracts end point coordinates (x1, y1) of the first line L1 with respect to the first line L1 having the smallest intercept among a plurality of the lines. The end point coordinates (x1, y1) are the coordinates of the first line L1 which have the greatest vertical pixel=the Y-coordinate. That is, the end point coordinates (x1, y1) indicate a position in the second road surface R2 in the image which is closest to the stereo camera 31. In Step S12, the image processing section 41 extracts start point coordinates (x2, y2) of the second line L2 with respect to the second line L2 having the greatest intercept among a plurality of the lines. The start point coordinates (x2, y2) are the coordinates of the second line L2 which have the smallest vertical pixel=the Y-coordinate. That is, the start point coordinates (x2, y2) indicate a position in the first road surface R1 in the image which is farthest from the stereo camera 31. The coordinates of the step ST can be considered to be identical to the start point coordinates (x2, y2) of the second line L2.”); and estimating an extended part of the road surface hidden by a step, among a first flat road where the work machine exists and a second flat road located at a lower position than the first flat road included in the estimated flat road (given the BRI connotes the ditch in Fig. 10 as explained in for example para: “[0087] In the second embodiment, the image processing section 41 may estimate the depth of the ditch G. The image processing section 41 calculates the depth of the ditch G by using the Y-coordinate of the start point coordinates (x1, y1) of the third line L3, and the Y-coordinate of the end point coordinates (x3, y3) of the third line L3. Specifically, the image processing section 41 estimates the depth of the ditch G from the difference between the coordinate in real space corresponding to the Y-coordinate of the start point coordinates (x1, y1) of the third line L3, and the coordinate in real space corresponding to the Y-coordinate of the end point coordinates (x3, y3) of the third line L3.”). Although the claims are interpreted in light of the specification, limitations from the specification are NOT imported into the claims. The Examiner must give the claim language the Broadest Reasonable Interpretation (BRI) the claims allow. See MPEP 2111.01 Plain Meaning [R-10.2024], which states II. IT IS IMPROPER TO IMPORT CLAIM LIMITATIONS FROM THE SPECIFICATION "Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. For example, a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment." Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875, 69 USPQ2d 1865, 1868 (Fed. Cir. 2004). See also Liebel-Flarsheim Co. v. Medrad Inc., 358 F.3d 898, 906, 69 USPQ2d 1801, 1807 (Fed. Cir. 2004) (discussing recent cases wherein the court expressly rejected the contention that if a patent describes only a single embodiment, the claims of the patent must be construed as being limited to that embodiment); E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) ("Inter US-20100280751-A1 1pretation of descriptive statements in a patent’s written description is a difficult task, as an inherent tension exists as to whether a statement is a clear lexicographic definition or a description of a preferred embodiment. The problem is to interpret claims ‘in view of the specification’ without unnecessarily importing limitations from the specification into the claims."); Altiris Inc. v. Symantec Corp., 318 F.3d 1363, 1371, 65 USPQ2d 1865, 1869-70 (Fed. Cir. 2003) (Although the specification discussed only a single embodiment, the court held that it was improper to read a specific order of steps into method claims where, as a matter of logic or grammar, the language of the method claims did not impose a specific order on the performance of the method steps, and the specification did not directly or implicitly require a particular order). See also subsection IV., below. When an element is claimed using language falling under the scope of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, 6th paragraph (often broadly referred to as means- (or step-) plus- function language), the specification must be consulted to determine the structure, material, or acts corresponding to the function recited in the claim, and the claimed element is construed as limited to the corresponding structure, material, or acts described in the specification and equivalents thereof. In re Donaldson, 16 F.3d 1189, 29 USPQ2d 1845 (Fed. Cir. 1994) (see MPEP § 2181- MPEP § 2186). In Zletz, supra, the examiner and the Board had interpreted claims reading "normally solid polypropylene" and "normally solid polypropylene having a crystalline polypropylene content" as being limited to "normally solid linear high homopolymers of propylene which have a crystalline polypropylene content." The court ruled that limitations, not present in the claims, were improperly imported from the specification. See also In re Marosi, 710 F.2d 799, 802, 218 USPQ 289, 292 (Fed. Cir. 1983) ("'[C]laims are not to be read in a vacuum, and limitations therein are to be interpreted in light of the specification in giving them their ‘broadest reasonable interpretation.'" (quoting In re Okuzawa, 537 F.2d 545, 548, 190 USPQ 464, 466 (CCPA 1976)). The court looked to the specification to construe "essentially free of alkali metal" as including unavoidable levels of impurities but no more.).” ISHIZAKI does not appear to expressly disclose estimating an area where unevenness of the road surface does not exceed a predetermined height, as a flat road based on the acquired point group information including height information;. In analogous art TORII teaches in for example, the figures below: PNG media_image7.png 459 574 media_image7.png Greyscale PNG media_image8.png 415 247 media_image8.png Greyscale PNG media_image9.png 537 520 media_image9.png Greyscale And associated descriptive texts estimating an area where unevenness of the road surface does not exceed a predetermined height, as a flat road based on the acquired point group information including height information (as explained in for example paras: “A road surface condition monitoring device of the present invention is a road surface condition monitoring device for monitoring the condition of a road surface, the distance measuring sensor being provided on a side surface of a vehicle for detecting a change in distance to the road surface. And a discriminating means for discriminating whether or not the change in the distance to the road surface detected by the distance measuring sensor is larger than a predetermined value set in advance, and when the discriminating means judges that the distance exceeds the predetermined value. And a control means for operating the warning device. In another configuration of the road surface condition monitoring device of the present invention, a distance measuring sensor provided around the vehicle for detecting a change in distance to the road surface, and a road surface detected by the distance measuring sensor. Has a discriminating means for discriminating whether or not the change in the distance is larger than a predetermined value set in advance, and a control means for activating the stopping means when the discriminating means judges that the distance exceeds the predetermined value. ing. In still another configuration, a distance measuring sensor provided around the vehicle for detecting a change in the distance to the road surface and a change in the distance to the road surface detected by the distance measuring sensor are set in advance. And a control means for actuating the alarm device and the stopping means when the distance determines that the distance exceeds the predetermined value. FIG. 4 is a flow of control processing performed by the controller. First, the direction lever position is detected. In an electric forklift truck or the like, when moving the vehicle forward or backward, the direction lever is tilted forward or backward to specify the direction in which the vehicle will travel. Therefore, whether the direction lever is in the forward direction or in the reverse direction is detected by the provided direction lever position detection device in the normal configuration, and based on the detection result, the drive device is used for traveling. Since the motor is driven, it is not necessary to provide a detector for detecting the direction lever position in step S1. When the position of the direction lever is detected in step S1, it is found that the position of the direction lever is either forward, backward or neutral. In the case of moving forward, the road surface distance at the front of the vehicle is read from the distance measuring sensor (step S2). As a result of the measurement of the distance to the road surface, the processing is divided into three types depending on whether or not the change in the distance is larger than a predetermined value. Here, the predetermined value sets the size of the step that is automatically controlled in advance, and if the change in the road surface is larger than the predetermined value, it is determined that the step should be avoided and the vehicle Use automatic control. When the change in the distance to the road surface is smaller than the predetermined value in the measurement in step S2, it means that there is no step or the step is not something that can be avoided, and the road surface state is “normal”. to decide. If it is normal, it is determined in step S3 whether the driver is currently being warned. If the warning is not being issued, the process is skipped and the end of the flow is reached. If the warning is being issued, it is known that there is no step to be avoided on the road surface, and therefore the warning is turned off in step S4. Then, the braking device is turned off (step S5) and the driving device is turned on (step S6).“). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of controlling the vehicle disclosed in TORII with the method of controlling the vehicle taught in ISHIZAKI with a reasonable expectation of success because it would have made the method of controlling the vehicle safer as taught by TORII Para(s): “Therefore, an object of the present invention is to provide a structure for automatically monitoring the surroundings and controlling the vehicle according to the surroundings even if the driver is not paying attention to the surroundings. is there.”. Regarding claim 2 and the limitation the step position detection apparatus according to claim 1, wherein the instructions, which when executed, cause the processor to execute: creating a two-dimensional map based on the point group information (see ISHIZAKI para: “[0041] FIG. 5 shows an example of the parallax image dp, which is obtained from the first image and the second image. In the parallax image dp shown in FIG. 5, the level of the parallax is represented by shading. The parallax increases with approach to the stereo camera 31, and decreases with distance from the stereo camera 31. Hereinbelow, it is assumed that a coordinate in a horizontal direction of the parallax image dp is an X-coordinate, and a coordinate in a vertical direction of the parallax image dp is a Y-coordinate. The X-coordinate indicates a pixel position in the horizontal direction, and the Y-coordinate indicates the pixel position in the vertical direction. The X-coordinate of the pixel in the horizontal direction of the parallax image dp decreases progressively in a left direction, and the Y-coordinate of the pixel in the vertical direction decreases progressively in an upward direction. It can be said that the pixel in the vertical direction moves away from the stereo camera 31 as the Y-coordinate of the pixel in the vertical direction decreases, and the pixel in the vertical direction approaches the stereo camera 31 as the Y-coordinate of the pixel in the vertical direction increases. The X-coordinate of the center coordinates of the parallax image dp corresponds to the center of the forklift 10 in a width direction. In the following description, the pixel in the vertical direction is referred to as a vertical pixel, and the pixel in the horizontal direction is referred to as a horizontal pixel.”), and estimating the road surface by dividing the two-dimensional map by a predetermined grid space size (see the teachings of ISHIZAKI para: “[0058] B is an interocular distance=a base length [m] of the stereo camera 31, f is a focal length [m], and d is a parallax [px]. xp is any X-coordinate in a parallax image dp, and x′ is a center X-coordinate in the parallax image dp. yp is any Y-coordinate in the parallax image dp, and y′ is a center Y-coordinate in the parallax image dp. By obtaining the parallax corresponding to the coordinates of the step ST, it is possible to obtain the position of the step ST in the camera coordinate system from Expressions (1) to (3).”). Regarding claim 3 and the limitation the step position detection apparatus according to claim 1, wherein the instructions, which when executed, cause the processor to execute: estimating a slope of the second flat road with respect to the first flat road (see ISHIZAKI paras: “[0045] Next, as shown in FIGS. 4 and 7, in Step S5, the image processing section 41 calculates the slopes and intercepts of the lines L1 and L2 extracted in Step S4. In the case where a plurality of the lines L1 and L2 are extracted in Step S4, the image processing section 41 individually calculates the slope and intercept for each of the lines L1 and L2. [0046] Next, in Step S6, the image processing section 41 determines whether or not a plurality of the lines L1 and L2 having similar slopes are present. In the case where the low position lower than the road surface R1 is not present in the image captured by the stereo camera 31, one line based on the parallax caused by the road surface R1 is obtained. The line is a single line in which the Y-coordinate increases as the X-coordinate increases. It can be said that the slope of the line represents the inclination of the road surface R1.“). Regarding claim 4 and the limitation the step position detection apparatus according to claim 1, wherein the instructions, which when executed, cause the processor to execute: estimating the step with respect to the first flat road by extending the second flat road, in a direction in which the road surface hidden by the step extends (see ISHIZAKI Fig. 3, distance d1 and para: “[0037] As shown in FIG. 3, the position detection apparatus 30 of the present embodiment detects a road surface R2, which is a flat surface lower than a road surface R1, on which the forklift 10 is present. The object to be detected is not limited to the road surface R2, and any flat surface lower than the road surface R1 is detected as the low position. The road surface R2 is formed due to a step ST. The road surface R1 is a road surface on a platform which is provided according to the height of a carrier of a truck when, e.g., a cargo is loaded onto or unloaded from the truck by the forklift 10. The road surface R2 is a road surface on which the truck is stopped. The step ST is a portion positioned at a boundary between the road surface R1 and the road surface R2, and is a wall portion which causes a height difference between the road surface R1 and the road surface R2. Hereinbelow, the road surface R1 on which the forklift 10 is present is referred to as a first road surface R1 and the road surface R2 lower than the first road surface R1 is referred to as a second road surface R2, and a description will be made.”). Regarding claim 5 and the limitation the step position detection apparatus according to claim 1, wherein the instructions, which when executed, cause the processor to execute: estimating the extended part of the road surface hidden by the step based on a mounting angle of the imaging device with respect to the work machine extends (see ISHIZAKI Fig. 3 imaging device 31). Regarding claim 6 and the limitation the step position detection apparatus according to claim 1, wherein the imaging device includes a stereo camera (see Ishizaki para: “[0035] The stereo camera 31 includes two cameras 32 and 33. As the cameras 32 and 33, for example, CCD image sensors and CMOS image sensors are used. The individual cameras 32 and 33 are disposed such that the optical axes of the cameras 32 and 33 are parallel to each other. In the present embodiment, the two cameras 32 and 33 are disposed so as to be arranged in a horizontal direction. It is assumed that one of the two cameras 32 and 33 is a first camera 32, and the other one thereof is a second camera 33. When an image captured by the first camera 32 is referred to as a first image and an image captured by the second camera 33 is referred to as a second image, the same objects in the first image and the second image are displaced in a horizontal direction. Specifically, in the case where the same object is imaged, a displacement corresponding to a distance between the cameras 32 and 33 occurs in pixels [px] in the horizontal direction between the object in the first image and the object in the second image. The first image and the second image have the same number of pixels and, e.g., an image having 640×480 [px]=VGA is used as each of the first and second images. Each of the first image and the second image is an RGB image.”). Regarding claim 7 and the limitation the step position detection apparatus according to claim 1, wherein the instructions, which when executed, cause the processor to execute: reporting a message when the step between the first flat road and the second flat road is greater than or equal to a predetermined value (see ISHIZAKI para: “[0086] As shown in FIG. 13, the area A of the parallax image dp may be divided into a plurality of areas. In an example shown in FIG. 13, the area A is divided into three areas A1 to A3. The central area A2 of the three areas A1 to A3 is an area through which the forklift 10 passes in the case where the forklift 10 moves. The areas A1 and A3, which are areas among the three areas A1 to A3 and other than the central area are portions on the opposite sides of the area through which the forklift 10 passes in the case where the forklift 10 moves. In this state, different control operations may be performed depending on the area A1, A2, or A3. For example, the speed limitation is performed in the case where the low position is detected in the central area A2, and an alarm is issued to a person on board in the case where the low position is detected in the area A1 or A3 on the left or the right of the central area A2. [0091] In each embodiment, when the distance from the forklift 10 to the low position is less than or equal to the limitation start distance, the issue of the alarm to a person on board may be performed instead of the speed limitation of the forklift 10, or both of the speed limitation and the issue of the alarm may also be performed. The alarm is issued by, e.g., using display by a display device which can be visually recognized by a person on board, or by using sound.”). Regarding claim 8 and the limitation A step position detection apparatus comprising: a processor; and a memory that includes instructions, which when executed, cause the processor to execute: acquiring, by an imaging device, a condition including at least a road surface around a work machine, as point group information; estimating an area where unevenness of the road surface does not exceed a predetermined height, as a flat road based on the acquired point group information including height information; and detecting a boundary between a first flat road where the work machine exists and a second flat road located at a lower position than the first flat road included in the estimated flat road, and estimating a shape of a step from a position of the boundary and an angular state of the boundary (see the obviousness to combine and the rejection of corresponding parts of claims 1 above incorporated herein by reference and especially the teachings of both references for example ISHIZAKI Figs. 3, 5, 10, 12 and 13 as well as TORII figs. 3 and 5). Regarding claim 9 and the limitation the step position detection apparatus according to claim 8, wherein the instructions, which when executed, cause the processor to execute: calculating a road surface height by searching the point group information in right and left directions at a real lateral position, based on a result of the estimating; and estimating the shape of a line of the step based on the calculated road surface height (see the obviousness to combine and the rejection of corresponding parts of claims 8 and 3 above incorporated herein by reference and especially the teachings of both references for example ISHIZAKI Figs. 3, 5, 10, 12 and 13 as well as TORII figs. 3 and 5). Regarding claim 10 and the limitation the step position detection apparatus according to claim 9, wherein the calculating includes calculating a difference in the road surface height between the first flat road and the second flat road, by using the boundary as a height (see the obviousness to combine and the rejection of corresponding parts of claims 1 above incorporated herein by reference and especially the teachings of both references for example ISHIZAKI Figs. 3, 5, 10, 12 and 13 as well as TORII figs. 3 and 5). Regarding claim 11 and the limitation the step position detection apparatus according to claim 9, wherein the estimating of the shape includes estimating a shape of the boundary at the step, based on a position of the boundary between the first flat road and the second flat road (see the obviousness to combine and the rejection of corresponding parts of claims 1 above incorporated herein by reference and especially the teachings of both references for example ISHIZAKI Figs. 3, 5, 10, 12 and 13 as well as TORII figs. 3 and 5). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as teaching, inter alia, the state of the art of step position detection apparatuses at the time of the invention. For example: US 4808997 A to Barkley; George J. et al. teaches, inter alia a Photoelectric vehicle position indicating device for use in parking and otherwise positioning vehicles in for example the ABSTRACT, Figures and/or Paragraphs below: PNG media_image10.png 478 717 media_image10.png Greyscale “The position indicating device is employed to assist in parking and otherwise positioning a vehicle on a supporting surface. A photoelectric control unit is mounted on an overhead structure spaced above the supporting surface and has a beam emitting device for directing a light beam downwardly for interception by the vehicle, while minimizing the likelihood of interception by pedestrians, pet animals and other moving things. The light beam is initially reflected back to a photoelectric transducer on the control unit by a reflective device or mirror. The light beam is pulsed so that the transducer supplies electrical pulses to an amplifier which is correspondingly gated. When the light beam is interrupted by the vehicle, the amplifier produces a beam interruption output signal which causes a one-shot timer to energize an alarm device, through an output relay. The operator then stops the vehicle in the desired position. The one-shot timer de-energizes the alarm device after a brief interval. Alternatively, the mirror is not employed, and the light beam is not significantly reflected back to the transducer until the light beam is intercepted by the vehicle, whereupon reflection from the vehicle produces a reflected light beam to the transducer. The corresponding pulsed signals from the transducer operate the amplifier, which is modified so that it actuates the timer, whereby it energizes the alarm device for a timed interval.”. US 20150269451 A1 to SEKI; Akihito teaches, inter alia an OBJECT DETECTION DEVICE, OBJECT DETECTION METHOD, AND COMPUTER READABLE NON-TRANSITORY STORAGE MEDIUM COMPRISING OBJECT DETECTION PROGRAM in for example the ABSTRACT, Figures and/or Paragraphs below: PNG media_image11.png 547 516 media_image11.png Greyscale “According to one embodiment, an object detection device includes a second setting controller to set a second position as a reference point, the second position being separated upward from the base point in a vertical axis direction on one of the images; a third setting controller to set a voting range having a height and a depth above the base point; a section configured to perform voting processing for the reference point in the voting ”. US 20210058598 A1 to SADASUE; Tamon teaches, inter alia an INFORMATION PROCESSING APPARATUS, IMAGE CAPTURE APPARATUS, IMAGE PROCESSING SYSTEM, AND METHOD OF PROCESSING INFORMATION in for example the ABSTRACT, Figures and/or Paragraphs below: PNG media_image12.png 415 586 media_image12.png Greyscale “An information processing apparatus includes an acquisition unit configured to acquire a plurality of captured images of a traveling surface where a movable apparatus travels, each of the captured images including distance information in a depth direction transverse to the traveling surface, the plurality of captured images having been captured using a plurality of stereo image capture devices, and an image processing unit configured to stitch together the plurality of images of the traveling surface captured by the plurality of stereo image capture devices by identifying partially overlapping portions of one or more pairs of the images captured by respective stereo image capture devices which are adjacent in a width direction of the traveling surface.”. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL LAWSON GREENE JR whose telephone number is (571)272-6876. The examiner can normally be reached on MON-THUR 7-5:30PM (EST) or via email at DanielL.GreeneJr@USPTO.GOV under the guidance of MPEP Section 502.03 Communications via Internet Electronic Mail (email) [R-07.2022]. The written authorization may be found at https://www.uspto.gov/patents/apply/forms and submitted via EFS-Web, mail, or fax. The Examiner’s Fax number is 571-273-6876. 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, Hunter Lonsberry can be reached on (571) 272-7298. 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 PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. 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 571-272-1000. /DANIEL L GREENE/Primary Examiner, Art Unit 3665 20260530
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Prosecution Timeline

May 23, 2025
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §101, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
93%
With Interview (+16.7%)
2y 10m (~1y 9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 885 resolved cases by this examiner. Grant probability derived from career allowance rate.

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