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 .
Status of Claims
This Office Action is in response to the filing of U.S. Patent Application No. 19/227,012, on June 3, 2025. Claims 1-20 are presently pending and are presented for examination.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) for U.S. Patent Application Nos. 18/655,950, on May 6, 2024, 17/344,507, on June 10, 2021, 15/963,662, on April 26, 2018, and 15/423,233, on February 2, 2017, are acknowledged and accepted.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on June 3, 2025 and December 11, 2025, are in compliance with the provisions of 37 CFT 1.97. Accordingly, the information disclosure statement have been 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.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1, 19 and 20 are rejected under 35 U.S.C. 101 as claiming the same invention as in one or more claims (see below) of prior U.S. Patent Nos. 9,964,952, 11,036,223 and 12,007,779. This is a statutory double patenting rejection.
U.S. Patent Application No. 19/227,012
Claim 1
U.S. Patent No. 9,964,952
Claim 1
A computer-implemented method comprising:
A computer-implemented method of controlling the motion of an autonomous vehicle (the Office notes that ‘012 controls the vehicle meaning some sort of autonomy), comprising:
obtaining data associated with a plurality of objects within an environment of a vehicle, wherein the data is indicative of respective predicted paths of the plurality of objects;
obtaining, by one or more computing devices on-board an autonomous vehicle (the Office notes that a computer-implemented method would require one or more computing device), data associated with one or more objects that are proximate to the autonomous vehicle (the Office notes proximity would be an environment of a vehicle of ‘012), wherein the data comprises a predicted path of each respective object;
performing a cost analysis for a respective object of the plurality of objects, wherein the cost analysis for the respective object comprises a cost analysis to maintain travel behind the respective object at a following distance or in front of the respective object at a leading distance in a manner that corresponds to a motion of the respective object;
identifying, by the one or more computing devices, at least one object as an object of interest based at least in part on the data associated with the object of interest (the Office notes that an object of interest must be identified for generating a cost thereof as required below); generating (the Office notes that generating is synonymous to performing of ‘012), by the one or more computing devices, cost data associated with the object of interest, wherein the cost data is indicative of an effect of controlling a motion of the autonomous vehicle such that the autonomous vehicle travels behind or in front of the object of interest in a manner that corresponds to a motion of the object of interest (the Office notes that traveling behind or in front would require a leading or following distance);
determining one or more parameters associated with a motion of the vehicle based, at least in part, on the cost analysis;
determining, by the one or more computing devices, a motion plan (the Office notes that this would require one or more parameters of ‘012) for the autonomous vehicle based at least in part on the cost data associated with the object of interest;
and causing the vehicle to implement at least a portion of the one or more parameters associated with the motion of the vehicle.
and providing, by the one or more computing devices, data indicative of the motion plan to one or more vehicle control systems to implement the motion plan for the autonomous vehicle.
U.S. Patent Application No. 19/227,012
Claim 19
U.S. Patent No. 9,964,952
Claim 9
A computing system comprising: one or more processors; and one or more memory devices, the one or more memory devices storing instructions that when executed by the one or more processors cause the computing system to perform operations, the operations comprising: obtaining data associated with a plurality of objects within an environment of a vehicle, wherein the data is indicative of respective predicted paths of the plurality of objects; performing a cost analysis for a respective object of the plurality of objects, wherein the cost analysis for the respective object comprises a cost analysis to maintain travel behind the respective object at a following distance or in front of the respective object at a leading distance in a manner that corresponds to a motion of the respective object; determining one or more parameters associated with a motion of the vehicle based, at least in part, on the cost analysis; and causing the vehicle to implement at least a portion of the one or more parameters associated with the motion of the vehicle.
See analysis above
U.S. Patent Application No. 19/227,012
Claim 20
U.S. Patent No. 9,964,952
Claim 1
One or more non-transitory computer-readable media that store instructions that are executable by one or more processors to perform operations comprising: obtaining data associated with a plurality of objects within an environment of a vehicle, wherein the data is indicative of respective predicted paths of the plurality of objects; performing a cost analysis for a respective object of the plurality of objects, wherein the cost analysis for the respective object comprises a cost analysis to maintain travel behind the respective object at a following distance or in front of the respective object at a leading distance in a manner that corresponds to a motion of the respective object; and causing the vehicle to implement a trajectory for the vehicle to travel with the following distance or the leading distance
See analysis above
U.S. Patent Application No. 19/227,012
Claim 1
U.S. Patent No. 11,036,223
Claim 1
A computer-implemented method comprising:
A computer-implemented method of controlling autonomous vehicle motion (the Office notes that ‘012 controls the vehicle meaning some sort of autonomy), comprising:
obtaining data associated with a plurality of objects within an environment of a vehicle, wherein the data is indicative of respective predicted paths of the plurality of objects;
obtaining, by a computing system comprising one or more computing devices (the Office notes that a computer-implemented method would require one or more computing device), data associated with an object that is proximate to an autonomous vehicle, wherein the data comprises a predicted path of the object;
performing a cost analysis for a respective object of the plurality of objects, wherein the cost analysis for the respective object comprises a cost analysis to maintain travel behind the respective object at a following distance or in front of the respective object at a leading distance in a manner that corresponds to a motion of the respective object;
performing, by the computing system, a cost analysis of controlling a motion of the autonomous vehicle to maintain travel behind the object at a following distance or in front of the object at a leading distance in a manner that corresponds to a motion of the object;
determining one or more parameters associated with a motion of the vehicle based, at least in part, on the cost analysis;
determining, by the computing system, a motion plan for the autonomous vehicle based at least in part on the cost analysis (the Office notes that this would require one or more parameters of ‘012);
and causing the vehicle to implement at least a portion of the one or more parameters associated with the motion of the vehicle.
and causing, by the computing system, the autonomous vehicle to implement at least a portion of the motion plan for the autonomous vehicle.
U.S. Patent Application No. 19/227,012
Claim 1
U.S. Patent No. 12,007,779
Claim 15
A computer-implemented method comprising:
A computer-implemented method, comprising:
obtaining data associated with a plurality of objects within an environment of a vehicle, wherein the data is indicative of respective predicted paths of the plurality of objects;
obtaining data associated with a plurality of objects that are within an environment of an autonomous vehicle (the Office notes that ‘012 controls the vehicle meaning some sort of autonomy), wherein the data comprises respective predicted paths for the plurality of objects;
performing a cost analysis for a respective object of the plurality of objects, wherein the cost analysis for the respective object comprises a cost analysis to maintain travel behind the respective object at a following distance or in front of the respective object at a leading distance in a manner that corresponds to a motion of the respective object;
generating cost data associated with the plurality of objects (the Office notes that generating is synonymous to performing of ‘012), wherein the cost data for a respective object, of the plurality of objects, is indicative of an effect of controlling a motion of the autonomous vehicle such that the autonomous vehicle travels behind or in front of the respective object (the Office notes that traveling behind or in front would require a leading or following distance);
determining one or more parameters associated with a motion of the vehicle based, at least in part, on the cost analysis;
determining a motion plan for the autonomous vehicle based at least in part on the cost data (the Office notes that this would require one or more parameters of ‘012); outputting data indicative of the cost data associated with the plurality of objects (the Office notes that the data indicative of the cost would have to be outputted to cause implementation of the motion plan below);
and causing the vehicle to implement at least a portion of the one or more parameters associated with the motion of the vehicle.
and causing the autonomous vehicle to implement at least a portion of the motion plan for the autonomous vehicle.
U.S. Patent Application No. 19/227,012
Claim 19
U.S. Patent No. 12,007,779
Claims 1 and 8
A computer-implemented method comprising: obtaining data associated with a plurality of objects within an environment of a vehicle, wherein the data is indicative of respective predicted paths of the plurality of objects; performing a cost analysis for a respective object of the plurality of objects, wherein the cost analysis for the respective object comprises a cost analysis to maintain travel behind the respective object at a following distance or in front of the respective object at a leading distance in a manner that corresponds to a motion of the respective object; determining one or more parameters associated with a motion of the vehicle based, at least in part, on the cost analysis; and causing the vehicle to implement at least a portion of the one or more parameters associated with the motion of the vehicle.
See analysis above
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)(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.
(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, 4-7, 10-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 2018/0001892, to Kim et al. (hereinafter Kim).
As per claim 1 and similarly with respect to claim 19, Kim discloses a computer-implemented method (e.g. see Fig. 3, and para 0094, wherein a cooperative adaptive cruise control (CACC) system 300 is provided) comprising: obtaining data associated with a plurality of objects within an environment of a vehicle, wherein the data is indicative of respective predicted paths of the plurality of objects (e.g. see Fig. 3 and paras. 0011 and 0065, wherein the CACC includes a control unit 300 that determines an expected driving path if there is a target vehicle that is selected by the target vehicle selection unit 335; also see para. 0098, wherein CACC further includes a profile management unit 337 that collects road information such as grade and road radius from a preceding vehicle via V2V (i.e. data indicating a predicted path of a preceding object/vehicle)); performing a cost analysis for a respective object of the plurality of objects, wherein the cost analysis for the respective object comprises a cost analysis to maintain travel behind the respective object at a following distance or in front of the respective object at a leading distance in a manner that corresponds to a motion of the respective object (e.g. see Figs. 5-10, and paras. 0015-0016 and 0118-0119, wherein a driving cost is determined and a driving distance (Dcruise), of a plurality of distances, to a forward vehicle is selected); determining one or more parameters associated with a motion of the vehicle based, at least in part, on the cost analysis; and causing the vehicle to implement at least a portion of the one or more parameters associated with the motion of the vehicle (e.g. see para 0015-0016, wherein a Ccontrol (i.e. parameter associated with a motion of the vehicle) is performed to generate a new target speed).
As per claim 4, Kim discloses the features of claim 1, and further discloses wherein the predicted path of a first object, of the plurality of objects, indicates the predicted trajectory of the first object relative to one or more lanes (e.g. see para 0063, wherein the system determines that the target vehicle is traveling in a same lane).
As per claim 5, Kim discloses the features of claim 1, and further discloses wherein the predicted paths of the plurality of objects are based, at least in part, on state data of the plurality of objects (e.g. see para 0009, wherein the CACC system determines position and driving information (i.e. state data) of neighboring vehicles).
As per claim 6, Kim discloses the features of claim 5, and further discloses wherein the state data is indicative of the respective locations of the plurality of objects (e.g. see para 0009, wherein the CACC system determines position and driving information (i.e. state data) of neighboring vehicles).
As per claim 7, Kim discloses the features of claim 6, and further discloses wherein the respective locations of the plurality of objects are relative to one or more lanes (e.g. see para 0063, wherein the system determines that the target vehicle is traveling in a same lane).
As per claim 10, Kim discloses the features of claim 1, and further discloses comprising: identifying at least one object, of the plurality of objects, based on a current trajectory of the vehicle (e.g. see paras 0072-0075, wherein the system determines selects a vehicle as a target vehicle based at least on vehicle traveling in a same lane (i.e. trajectory)).
As per claim 11, Kim discloses the features of claim 1, and further discloses comprising: identifying at least one object, of the plurality of objects, based on a future trajectory of the vehicle (e.g. see paras 0072-0075, wherein the system determines selects a vehicle as a target vehicle based at least on vehicle traveling in a same lane (i.e. trajectory and future trajectory)).
As per claim 12, Kim discloses the features of claim 1, and further discloses comprising: identifying at least one object, of the plurality of objects, based on a location of the vehicle relative to one or more lanes (e.g. see paras 0072-0075, wherein the system determines selects a vehicle as a target vehicle based at least on vehicle traveling in a same lane (i.e. based on location relative to a vehicle lane)).
As per claim 13, Kim discloses the features of claim 1, and further discloses wherein the plurality of objects comprises an object that is located in a current lane of the vehicle (e.g. see paras 0072-0075, wherein the system determines selects a vehicle as a target vehicle based at least on vehicle traveling in a same lane (i.e. based upon a current lane of the vehicle)).
As per claim 14, Kim discloses the features of claim 1, and further discloses wherein the plurality of objects comprises an object that is located in a lane and wherein the vehicle is to travel into the lane (e.g. see paras 0072-0075, wherein the system determines selects a vehicle as a target vehicle based at least on vehicle traveling in a same lane (i.e. the vehicle is to travel into the lane)).
As per claim 15, Kim discloses the features of claim 1, and further discloses wherein the predicted path of at least one object, of the plurality of objects, indicates that the at least one object is predicted to travel into a lane in which the vehicle is currently or will be travelling (e.g. see para 0063, wherein the CACC determines a target vehicle is to join a lane where the subject vehicle is).
As per claim 16, Kim discloses the features of claim 1, and further discloses further comprising: determining a trajectory by which the vehicle is to travel behind the respective object of the plurality of objects or a trajectory by which the vehicle is to travel in front of the respective object (e.g. see Fig. 10, and para 0138-0141).
As per claim 17, Kim discloses the features of claim 1, and further discloses further comprising: determining a speed of the vehicle relative to the respective object of the plurality of objects (e.g. see Fig. 10, and para 0138-0141).
As per claim 20, Kim discloses one or more non-transitory computer-readable media that store instructions that are executable by one or more processors to perform operations comprising: obtaining data associated with a plurality of objects within an environment of a vehicle, wherein the data is indicative of respective predicted paths of the plurality of objects (e.g. see Fig. 3 and paras. 0011 and 0065, wherein the CACC includes a control unit 300 that determines an expected driving path if there is a target vehicle that is selected by the target vehicle selection unit 335; also see para. 0098, wherein CACC further includes a profile management unit 337 that collects road information such as grade and road radius from a preceding vehicle via V2V (i.e. data indicating a predicted path of a preceding object/vehicle)); performing a cost analysis for a respective object of the plurality of objects, wherein the cost analysis for the respective object comprises a cost analysis to maintain travel behind the respective object at a following distance or in front of the respective object at a leading distance in a manner that corresponds to a motion of the respective object (e.g. see Figs. 5-10, and paras. 0015-0016 and 0118-0119, wherein a driving cost is determined and a driving distance (Dcruise), of a plurality of distances, to a forward vehicle is selected); and causing the vehicle to implement a trajectory for the vehicle to travel with the following distance or the leading distance (e.g. see para 0015-0016, wherein a Ccontrol (i.e. parameter associated with a motion of the vehicle) is performed to generate a new target speed).
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.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Kim, in view of U.S. Patent Publication No. 2017/0278402, to Yalla et al. (hereinafter Yalla).
As per claim 2, Kim discloses the features of claim 1, and but fails to particularly disclose comprising: identifying at least one of the plurality of objects based on map data. However, Yalla teaches a road scene application 109 including a scene processor 254 configured for detecting static road objects, such as road markings, based upon map data (e.g. see Figs. 2B, 12B, and paras 0066 and 0084). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the system of Kim to include identifying static road features, using in part map data, for the purpose of confirming localization of the vehicle.
As per claim 3, Kim, as modified by Yalla, teaches the features of claim 2, and Yalla further teaches wherein the map data corresponds to one or more lanes of a roadway (e.g. see Figs. 2B, 12B, and paras 0066 and 0084, wherein Baalke teaches a road scene application 109 including a scene processor 254 configured for detecting static road objects, such as road markings, based upon map data). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the system of Kim to include identifying static road features, using in part map data, for the purpose of confirming localization of the vehicle.
Claims 8-9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim, in view of U.S. Patent No. 9,341,485, to Weiland et al. (hereinafter Weiland).
As per claim 8, Kim discloses the features of claim 1, but fails to particularly disclose wherein the plurality of objects comprises a first object and a second object, wherein the predicted path of the first object is based, at least in part, on an interaction between the first object and the second object. However, Weiland teaches a driver assistance system which includes an intersection model that models and predicts other vehicle paths based upon interaction with traffic (i.e. interaction between first and second objects) (e.g. see e.g. see col. 4, line 51, to col. 5, line 9). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the system of Kim to include predicting other vehicle paths and interaction for the purpose of speeding up processing and path planning for a host vehicle.
As per claim 9, Kim, as modified by Weiland, teaches the features of claim 8, and Weiland further teaches wherein the interaction is a predicted interaction between the first object and the second object. (e.g. see col. 4, line 51, to col. 5, line 9, wherein Weiland teaches a driver assistance system which includes an intersection model that models and predicts other vehicle paths based upon interaction with traffic (i.e. interaction between first and second objects)). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the system of Kim to include predicting other vehicle paths and interaction for the purpose of speeding up processing and path planning for a host vehicle.
As per claim 18, Kim discloses the features of claim 1, but fails to disclose wherein the environment comprises an intersection. However, Weiland teaches a driver assistance system which includes an intersection model that models and predicts other vehicle paths based upon interaction with traffic (i.e. interaction between first and second objects) (e.g. see e.g. see col. 4, line 51, to col. 5, line 9). It would have been obvious to a person of ordinary skill in the art at the time of Applicants’ invention to modify the system of Kim to include predicting other vehicle paths and interaction for the purpose of speeding up processing and path planning for a host vehicle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James M. McPherson whose telephone number is (313) 446-6543. The examiner can normally be reached on 7:30 AM - 5PM Mon-Fri Eastern Alt Fri. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached on 571 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES M MCPHERSON/Primary Examiner, Art Unit 3663B
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