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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 - 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ibing (Pub. No.: 2020/0005562 A1) in view of Sato (Patent No.: US 11,094,148 B2).
Regarding claim 1 (Currently Amended), Ibing teaches a method for an autonomously driving vehicle (Automated vehicle ¶ 13) to store environment detection data in a permanent memory (gathered sensor data stored ¶ 15 in memory 16, FIG. 1), the method comprising:
starting a situation analysis when a trigger criterion is fulfilled (“In the event of a detection of a rule violation…” ¶ 15), the situation analysis carries out an evaluation of data from at least one environment detection sensor with regard to misbehavior directed towards the autonomous vehicle (“…In surroundings A of vehicle 2. In step 27, surroundings A are detected by vehicle sensors 10. Based on the sensor data of vehicle sensors 10, a surroundings model is created 28 by control unit 12. Thereafter, an illegal behavior of the at least one road user 6 is detected 29 on the basis of the surroundings model.” ¶ 46),
depending on the result of the situation analysis, storing data from at least one environment detection sensor in a permanent memory (“The sensor data in a time window of the detected illegal behavior are stored 30 as evidence in a memory 16. Preferably, the sensor data can be stored in memory 16 in an encrypted or protected manner so that a legally certain securing of the evidence is made possible based on the stored sensor data.” ¶ 46),
retrieving the stored data from the permanent memory (“The relevant and stored sensor data can be transmitted via a communication unit 18 in an automated manner or in response to a query by the driver of the vehicle 2.” ¶ 44) of the autonomously driving vehicle (“…illegal behavior are stored vehicle-internally in a memory of a control unit” ¶ 27).
Ibing is silent to using the stored data from the permanent memory into an electronic control device of the autonomously driving vehicle or other autonomously driving vehicles to control the autonomously driving vehicle or the other autonomously driving vehicles. However, in a similar field of endeavor, Sato teaches a method that detects an event occurring on a vehicle and more specifically, autonomous vehicle 303 is controlled and configured in response to an analysis of data downloaded from system memory of the vehicle. A system of vehicle 303 controls a display device 308 or other device, system or component of an autonomous vehicle 303. For example, a controller controls the display of images or the controller navigation of the vehicle; e.g., using braking control (col. 12, lines 42-50).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify using the stored data from the permanent memory into an electronic control device of the autonomously driving vehicle as taught by Ibing to control the autonomously driving vehicle or the other autonomously driving vehicles based on the stored data in permanent memory as taught by Sato to enhance safety systems for the vehicle (col. 12, lines 42-46).
Regarding claim 2, Ibing discloses the method, wherein the trigger criterion is evasive maneuvering and/or a braking operation above a predefined deceleration value and/or exceeding a critical value for a collision and/or blocking the route (tailgating, excessive speed, illegal passing, applying the brakes to slow, obstructing a passing attempt ¶¶ 16-23).
Regarding claim 3, Ibing discloses the method, wherein a trigger criterion is repeated evasive maneuvering and/or an emergency braking operation and/or a braking operation above a predefined deceleration value and/or exceeding a critical value for a collision within a predefined duration (¶¶ 16-23).
Regarding claim 4, Ibing discloses the method, wherein, in addition to the data from the at least one environment detection sensor, one or more of the following items of data of the autonomous vehicle is/are stored in a permanent memory: speed, brake status, engine speed, activity of ABS and stability control and/or steering angle (¶ 46).
Regarding claim 5, Ibing discloses the method, wherein data is held in a non-permanent memory for a predefined duration and is stored in a permanent memory only after the trigger criterion has been fulfilled and the situation analyzed (¶ 15, 16, 24, 46).
Regarding claim 6, Ibing discloses the method, wherein data stored in the permanent memory is transmitted by radio transmission to an operator (radio link ¶ 29).
Regarding claim 7, Ibing discloses a non-transitory computer-readable storage medium comprising instructions which are executable by at least one processor/computer and which, when executed by a computer, cause the computer to carry out the method as claimed in claim 1 (See claim 10).
Regarding claim 8, Ibing discloses a non-transitory computer program comprising instructions which, when the computer program is executed by a computer, cause the computer to carry out the method as claimed in claim 1 (See claim 10).
Regarding claim 9, Ibing discloses an autonomously driving vehicle with an electronic control unit comprising a processor and a permanent memory on which a method as claimed in claim 1 is stored (¶ 13).
Regarding claim 10 (New), Ibing discloses the method, wherein the autonomously driving vehicle is without a driver on board (Autonomous police vehicle issuing tickets, in an automated manner, for speeding ¶ 6).
Regarding claim 11 (New), Ibing discloses the method, wherein the permanent memory is a black box of the autonomously driving vehicle (Similarly, 12, 16; FIG. 1).
Regarding claim 12 (New), Ibing discloses the method, further comprising:
verifying the data stored in the permanent memory before the radio transmission to the
operator (response to query by the driver ¶ 44).
Regarding claim 13 (New), Ibing discloses the method, wherein the verifying of the data stored in the permanent memory includes adding information related to a positive or a negative result of the verification (Similarly, “…detection of a rule violation, the gathered sensor data for the relevant time window can be cryptographically signed and stored.” ¶ 15).
Regarding claim 14 (New), Ibing discloses the method, wherein the operator is a traffic authority (Police ¶¶ 5, 6).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 - 14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER J LEE whose telephone number is (571)272-9727. The examiner can normally be reached M-F 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached at 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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/TYLER J LEE/Primary Examiner, Art Unit 3663
