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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/299,564
`
`03/12/2019
`
`Takahiro NISHI
`
`2019-0413A
`
`2642
`
`ib
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`ZAYKOVA-FELDMAN, LYUDMILA
`
`2865
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/17/2020
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`eoa@ wenderoth.com
`kmiller@wenderoth.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-12 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CL) Claim(s)
`is/are allowed.
`Claim(s) 1 and 11-12 is/are rejected.
`Claim(s) 2-10 is/are objectedto.
`C) Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
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`) ) ) )
`
`Application Papers
`10)C The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 03/12/2019 is/are:
`a)@) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a)C) All
`1... Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) ([] Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20201105
`
`Application No.
`Applicant(s)
`16/299 564
`NISHI et al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`Lyudmila Zaykova-Feldman
`2865
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 03/12/2019.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\(Z Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
`
`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
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`(or as Subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the
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`rejection will not be considered a new ground ofrejection 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 ordinaryskill 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 ofthe 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
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`nonobviousness.
`
`This application currently names joint inventors. In considering patentability of the claims the
`
`examiner presumesthat the subject matter of the various claims was commonly ownedas of the
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`effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised
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`of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 3
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`was not commonly ownedas of the effective filing date of the later invention in order for the examiner
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`to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art
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`against the later invention.
`
`Claims 1, 11, 12 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`US20070030212 to Shibata (Shibata)
`
`in view of US20060007022 to Endo et al.
`
`(Endo
`
`Regarding Claim 1: The reference of Shibata teaches:
`
`-
`
`“A three-dimensional data creation method for use in a mobile object including a sensor
`
`and a communication unit that transmits and receives three-dimensional data to and
`
`from an external device” (Fig. 9, where the mobile objectis a first vehicle A, and sensor
`
`is a three-dimensional measuring device or unit - para 0048 — “234 denotes a three-
`
`dimensional measurement unit”; Fig. 10, where a communication unit is a wireless
`
`communication interface 252 - para 0051 — “The wireless communication
`
`interface 152 performs data transmission/reception with the first vehicle A);
`
`-
`
`“the three-dimensional data creation method comprising: creating second three-
`
`dimensional data based on information detected by the sensor and”(Fig. 9 - here the
`
`first vehicle A transmits the three-dimensional measurement value 261, which is a
`
`second three-dimensional data based on vehicle outside image information 221
`
`obtained by the three-dimensional measuring instrument 231, which is a sensor; para
`
`0066 — “... a vehicle outside-image display apparatus 201 providedfor the first vehicle
`
`A... The vehicle outside-image display apparatus 201 also transmits, to the rearward
`
`vehicle, a renewed three-dimensional measurement value 261”);
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 4
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`-
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`“first three-dimensional data received by the communication unit; and transmitting, to
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`the external device, third three-dimensional data” (Here the three-dimensional
`
`measurementvalue 262 is the first three-dimensional data - para 0066 — “The vehicle
`
`outside-image display apparatus 201 receives the vehicle outside-image
`
`information 222 and the three-dimensional measurement value 262, and transmits, to a
`
`further rearward vehicle, renewed vehicle outside-image information 221”; Fig. 10 -
`
`here wireless communication interface is a communication unit 252; para 0067 — “The
`
`wireless communication interface 252 performs data transmission/reception with the
`
`first vehicle A, which is a following vehicle”; Here the three-dimensional measurement
`
`value 261 is a third three-dimensional data — para 0068 — “The measurement value
`
`transmitting unit 235 transmits renewed three-dimensional measurement
`
`value 261 produced by the measurement value combining unit 237, to the third vehicle C
`
`through the wireless communication interface 251”).
`
`The reference of Shibata does not explicitly teach that “the third three -
`
`dimensional data that is part of the second three-dimensional data”.
`
`However, the reference of Endo in the same field of endeavor of creating and
`
`transmitting multiple three-dimensional data teaches “the third three-dimensional data
`
`that is part of the second three-dimensional data” (Fig. 14, editing map data before
`
`transmission; para 0062 — “In step S13, the individual sets of map data, some containing
`
`the node link connection information and the others without the node link connection
`
`information as determined through the processing executed in step $12, are compiled
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 5
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`and are edited in a specific data format shown in FIG. 6 as transmission data. At this
`
`time, each set of the data without the node link connection information is appended
`
`with a flag indicating the absence of the node link connection information. In step $14,
`
`the map data edited in step $13 are transmitted to the request receiving server. The
`
`volume of transmission data is reduced through the method described above”).
`
`It would have been obvious to one of ordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify a three-dimensional data creation
`
`method, disclosed by Shibata, as taught by Endo,in order to reduce the amountof
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`transmitted data and enhance the quality of such transmission.
`
`Regarding Claim 11: The Shibata-Endo combination teaches the three-
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`dimensional data creation method according toa claim 1.
`
`The reference of Shibata further teaches:
`
`-
`
`“the information detected by the sensor is three-dimensional data” {Here sensor is a
`
`three-dimensional measuring device or unit - para 0048 — “234 denotes a three-
`
`dimensional measurement unit”; para 0067 — “The three-dimensional measuring
`
`unit 234 performs a three-dimensional measurement’; para 0068 — “The measurement
`
`value combining unit 237 combines the three-dimensional measurement
`
`value 262 received by the measurement value receiving unit 236 with the three-
`
`dimensional measurement value acquired by the three-dimensional measuring
`
`unit 234”).
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 6
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`Regarding Claim 12: The reference of Shibata teaches:
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`“& three-dimensional data creation device equipped in a mobile object, the three-
`
`dimensional data creation device comprising: “ (para 0021 — “the invention provides a
`
`vehicle outside-image display apparatus ... comprising: a three-dimensional measuring
`
`unit adapted to perform, by a three-dimensional measuring instrument, a three-
`
`dimensional measurementfor an environment... a measurementvalue receiving unit
`
`adapted to receive a three-dimensional measurement value from outside; and a
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`viewpoint converting unit adapted to convert the vehicle outside-image information ...
`
`and to supply the converted information to the image combining unit”};
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`“asensor” (Here sensor is a three-dimensional measuring device or unit - para 0048 —
`
`“234 denotes a three-dimensional measurement unit);
`
`“a receiver that receivesfirst three-dimensional data from an external device” {para 6669 - “an
`
`imagereceiving unit adaptedto receive vehicle outside-image information from outside”}-
`
`“a creator that creates second three-dimensional data based on information detected
`
`-
`
`-
`
`-
`
`by the sensor and the first three-dimensional data” (Fig. 9 - here the first vehicle A
`
`transmits the three-dimensional measurement value 261, which is a second three-
`
`dimensional data based on vehicle outside image information 221 obtained by the
`
`three-dimensional measuring instrument 231, which is a sensor; para 0066 — “... a
`
`vehicle outside-image display apparatus 201 providedforthe first vehicle A... The vehicle
`
`outside-image display apparatus 201 also transmits, to the rearward vehicle, a renewed
`
`three-dimensional measurement value 261”);
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 7
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`-
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`“a transmitter that transmits, to the external device, third three-dimensional data” Here the
`
`three-dimensional measurement value 262 is the first three-dimensional data - para
`
`0066 — “The vehicle outside-image display apparatus 201 receives the vehicle outside-
`
`imageinformation 222 and the three-dimensional measurement value 262, and
`
`transmits, to a further rearward vehicle, renewed vehicle outside-image
`
`information 221”; Fig. 10 — here wireless communication interface is a communication
`
`unit 252; para 0067 — “The wireless communication interface 252 performs data
`
`transmission/reception with the first vehicle A, which is a following vehicle”; Here the
`
`three-dimensional measurement value 261 is a third three-dimensional data — para
`
`0068 — “The measurement value transmitting unit 235 transmits renewed three-
`
`dimensional measurement value 261 produced by the measurement value combining
`
`unit 237, to the third vehicle C through the wireless communication interface 251”).
`
`The reference of Shibata does not explicitly teach that “third three -dimensional
`
`data that is part of the second three-dimensional data”.
`
`However, the reference of Endo in the same field of endeavor of creating and
`
`transmitting multiple three-dimensional data teaches “the third three-dimensional data
`
`that is part of the second three-dimensional data” (Fig. 14, editing map data before
`
`transmission; para 0062 — “In step S13, the individual sets of map data, some containing
`
`the node link connection information and the others without the node link connection
`
`information as determined through the processing executed in step $12, are compiled
`
`and are edited in a specific data format shown in FIG. 6 as transmission data. At this
`
`time, each set of the data without the node link connection information is appended
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 8
`
`with a flag indicating the absence of the node link connection information. In step $14,
`
`the map data edited in step $13 are transmitted to the request receiving server. The
`
`volume of transmission data is reduced through the method described above”).
`
`Allowable Subject Matter
`
`Claims 2-10 objected to as being dependent upon a rejected base claim, but
`
`would be allowable if rewritten in independent form includingall of the limitations of
`
`the base claim and any intervening claims.
`
`Prior art of record does not teach or suggest the limitation of Claim 2, “the third-
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`dimensional data is three-dimensional data of a small space having a predetermined size
`
`and located a predetermined distance ahead of a current position of the mobile object
`
`in a traveling direction of the mobile object”. Claims 3-10 depend on Claim 2.
`
`Conclusion
`
`The prior art made of record and notrelied upon is considered pertinent to applicant's
`
`disclosure.
`
`1. US20190189006A1 to Toma etal., that teaches three-dimensional information
`
`processing method and three-dimensional information processing device, as applied
`
`to a set of vehicles, including obtaining the positional three-dimensional
`
`information, generating the second three-dimensional information from information
`
`detected by the sensor.
`
`2. US20070115138A1 to Arakawa, that teaches the vehicle equipped with onboard
`
`imaging apparatus that picks up the sight in front of a vehicle.
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 9
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`3. US20090066538A1 to Thomasetal., that teaches a system of several vehicles,
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`equipped with the warning system, comprising a transmitter associated with a
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`primary vehicle.
`
`4. US6411867 to Sakiyama etal., that teaches a set of vehicles, equipped with a
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`camera unit and a back sonar.
`
`5. US20100034426 to Takiguchi et al., that teaches an object, measuring a position of
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`a feature on the road, equipped with a three-dimensional point cloud model image
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`memory unit, which
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Lyudmila Zaykova-Feldman whose telephone number is
`
`(469)295-9269. The examiner can normally be reached on 8:00am - 5:00pm, Monday through
`
`Friday.
`
`Examiner interviews are available via telephone,in-person, and video conferencing
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`using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is
`
`encouraged to use the USPTO Automated Interview Request(AIR) at
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`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, GregoryJ. Toatley, Jr., can be reached on 571-272-2059. The fax phone number for
`
`the organization wherethis 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
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 10
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`
`/Gregory J Toatley Jr/
`Supervisory Patent Examiner, Art Unit 2865
`
`/LYUDMILA ZAYKOVA-FELDMAN/
`Examiner
`Art Unit 2865
`
`