www.uspto.gov
`
`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
`
`Lind& i
`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
`
`12/09/2021
`
`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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C] Claim(s)__ is/are allowed.
`Claim(s) 1-12 is/are rejected.
`(1 Claim(s)__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://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J 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)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`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 20211202
`
`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 09/01/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 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\0) 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
`
`Notice of Pre-AlA 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.
`
`Response to Amendment
`
`The action is responsive to the Amendmentfiled on 09/01/2021. Claims 1-12 are
`
`pending. Claims 1, 5, and 12 have been amended.
`
`Regarding Reference Cited Form (PTO-892): the reference of US20180151070
`
`to Katou etal. is included into the updated PTO-892 form. There wasa typo in the
`
`patent number for the reference US3705911, and the typo is corrected in the updated
`
`PTO-892 form.
`
`Responseto Arguments
`
`Regarding rejections under 35 U.S.C. 112(b):
`
`Applicant’s arguments, regarding rejections under 25 U.S.C. 112(b), see
`
`Applicant Arguments/Remarks, filed on 09/01/2021, have been fully considered and are
`
`persuasivein light of the amendments madeto Claim 1 and 12. The rejection for 25
`
`U.S.C. 112(b) is withdrawn.
`
`Regarding rejections under 35 USC § 1017:
`
`Applicant’s arguments, see Applicant Arguments/Remarks, filed 09/02/2021, with
`
`respect to Non-Final Rejection filed on 06/02/2021, have been fully considered and are
`
`persuasive. The rejection for 35 USC 101 is withdrawn.
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 3
`
`Regarding rejections under 35 USC § 103:
`
`Applicant’s arguments, filed on 09/01/2021 with respect to 35 U.S.C. 103
`
`rejection regarding claims 1-12, have been considered but are moot because of the new
`
`ground of rejection necessitated by the applicant's amendment.
`
`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
`
`obviousnessrejections 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 mace.
`
`The factual inquiries for establishing a background for determining obviousness
`
`under 35 U.S.C. 103 are summarized asfollows:
`
`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.
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 4
`
`4. Considering objective evidence presentin the application indicating
`
`obviousness or nonobviousness.
`
`This application currently names joint inventors. In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was
`
`commonly ownedasofthe effective filing date of the claimed invention(s) absent any
`
`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
`
`point out the inventor and effective filing dates of each claim that was not commonly
`
`ownedas ofthe effectivefiling date of the later invention in order for the examiner 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 against the later invention.
`
`Claims 1-12 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`US20070030212 to Shibata (hereinafter ‘Shibata’) in view of US20180032823 to
`
`Ohizumi (hereinafter ‘Ohizum/?).
`
`Regarding Claim 1: Shibata discloses:
`
`-
`
`“& three-cimensional dala creation method executed by a three-cimerisional
`
`dais creation device including a memory storing 4 pragram and a processor
`
`(Fig. 9; para 6021 -— “a three-dimensional measuring unit adapted to perform,
`
`by a three-dimensional measuring instrument(interpreted as a three-
`
`a
`chiinensional data creation device inchidine
`rogram and a
`a memory storin
`
`
`
`
`
`
`processer, added by examiner), a three-dimensional measurementfor an
`
`environment},
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 5
`
`“the three-dimensional data creation device equipped 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; para 0048 —
`
`“234 denotes a three-dimensional measurementunit (Le. sensor, added by
`
`examiner)”; Fig. 10; para 0051 — “The wireless communication
`
`interface 152 (i.e. communication unit, added by examiner) performs data
`
`transmission/reception with the first vehicle A’),
`
`-
`
`” the processor executing the program to perform operations of the three-
`
`dimensional data creation method’ (para 0021 — “a three-dimensional
`
`measuring unit adapted to perform, by a three-dimensional measuring
`
`instrument(interpreted as a processor executing the program to perform
`
`operations of the three-dimensional data creation method, added by
`
`examiner), a three-dimensional measurementfor an environment)
`
`comprising:
`
`-
`
`“creating second three-dimensional data based on information detected by
`
`the sensor and first three-dimensional data received by the communication
`
`unit” (Fig. 9; 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 measurementvalue 261 (i.e. second three-dimensional
`
`data, added by examiner)”... with a three-dimensional measurement value
`
`obtained by the three-dimensional measuring instrument 231 (Le. sensor,
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 6
`
`added by examiner) that performs a three-dimensional measurementfor an
`
`environment)’ anc
`
`-
`
`"first three-dimensional data received by ihe communication uni; and
`
`transmitting, to the external device, the third three-dimensional dala’ (nara
`
`0066 —~ “The vehicle outside-image display apparatus 201 receives the vehicle
`
`outside-image information 222 and the three-dimensional measurement
`
`value 262 (i.e. first three-dimensional data, added by examiner), and
`
`transmits, to a further rearward vehicle, renewed vehicle outside-image
`
`information 227’; Fig. 10; para QOG7 ~ “The wireless communication
`
`interface 252 (i.e. communication unit, added by examiner) performs data
`
`transmission/reception with the first vehicle A’; para D068 - “The
`
`measurementvalue transmitting unit 235 transmits renewedthree-
`
`dimensional measurementvalue 261 (i.e. third three-dimensional data, added
`
`by examiner) produced by the measurement value combining unit 237, to the
`
`third vehicle C through the wireless communication interface 251’ '.
`
`Shibata is silent on:
`
`-
`
`“extracting third three-dimensianai data that is part of the second three-
`
`dimensional data from the second three-dimensional dais, the third ihree-
`
`dimensional data being three-dimensional data of a small space having 4
`
`predetermined size and located a predetermined distance ahead of a current
`
`position of the mobile obfect in 4 traveling direction of The mobile object”,
`
`However, Ohizumi discloses:
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 7
`
`-
`
`“extracting third three-dimensionai date that is part of the second three-
`
`dimensional data from the second three-dimensional data” (Fig. A; para
`
`0021 ~ “FIG. 9A is a viewillustrating the operation of a three-dimensional
`
`object area extraction process’, Fig. 1; para 6038 ~ “As shownin FIG. 1, the
`
`vehicle accessibility determiner 50 specifically includes a three-dimensional
`
`object area extracting portion 50 a (i.e. third three-dimensional data, added by
`
`examiner), a road surface projecting position calculating portion 50 b, and a
`
`vehicle accessible space identifying portion 50 c (interpreted as the second
`
`three-dimensional data, added by examiner). The three-dimensional object
`
`area extracting portion 50 a extracts an area correspondingto the three-
`
`dimensional object detected by the three-dimensional object detector 40 "},
`
`-
`
`“the third three-dimensional data being three-dimernsionai data of a small
`
`space having a predetermined size and located a predetermined distance
`
`ahead of a current position of the mobile cbolect in a traveling direction of the
`
`mobile object” (para 0141 - “The vehicle accessibility
`
`determiner 50 determines whether the vehicle 10 can accessto the inside of
`
`the detected three-dimensional object or to a clearance among otherthree-
`
`dimensionalobjects (interpreted as a small space, having a predetermined
`
`size and located a predetermined cistance ahead of a current position of the
`
`mobile obiect in a traveling direction of the mobile obiect, added by
`
`examiner). Accordingly, even if the three-dimensional object has a floating
`
`area which does not contact the road surface, it can be detected whether the
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 8
`
`vehicle 10 can accessto the space or not. Therefore, it is possible to prevent
`
`the vehicle 10 from hitting the three-dimensional object in advance’).
`
`It would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention to modify a three-cdimensional data
`
`creation method, disclosed by Shibata, as taught by Ohizumi, in order to improve
`
`the safety of mult-vehicle combined operation and to avaid the collision, if the
`
`space behween vehicles becomes equal or smailer thal the predetermined size of
`
`a small space.
`
`Regarding Claim 2: Shibata/Ohizumi combination discloses the three-
`
`dimensional dala crealion method according to claim 1 (see the rejection for Claim
`
`Th.
`
`Regarding the limitation “wherein the creating and the transmilting are
`
`repeatedly performed”: it would have been obvious to one of ordinary skill in the
`
`art before the effective filing date of the claimed invention to repeatedly perform
`
`the creating and the transmitting operations in order to achieve the improved
`
`accuracy of estimating the distance beiween two obiecis.
`
`Regarding Claim 3: Shibata/Ohizumi combination discloses the three-
`
`dimensional data creation method according to claim 2 (see the rejection for Claim
`
`2}.
`
`Regarding the limitation “wherein the predetermined distance varies in
`
`accordance with @ traveling speed of the mobile object”: it would have been
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 9
`
`obvious to one of ordinary skill in the art before the effective filing date of the
`
`claimed invention to notice that the predetermined distance varies in accordance
`
`with a traveling speed of the mobile oblect, since according to the definition of
`
`speed, the faster the object moves, the longer distance it can cover during the
`
`same time interval.
`
`Regarding Claim 4: Shibata/Ohizumi combination discloses the three-
`
`dimensional data creation method accorcing to claim 2 (see the rejection for Claim
`
`2}.
`
`Regarding the limitation “wherein the predetermined size varies in
`
`accordance with a traveling soeed of the mobile object”: it would have been
`
`obvious to one of ordinary skill in the art before the effective filing date of the
`
`claimed invention to notice that the predetermined size varies in accordance with
`
`a traveling speed of the mabile abject, since according ta the definition of speed,
`
`the faster ine chiect moves, the longer distance it can cover during ihe same
`
`time interval
`
`Regarding Claim 5: Shibata/Ohizumi combination discloses the three-
`
`dimensional data creation method according to claim 2 (see the rejection for Claim
`
`2}.
`
`Ohizumi further discloses:
`
`“the processor execuling the program to perform operations of the three-
`
`dimensional data creation method” (para 0040 — “ECU 110 includes
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 10
`
`CPU 112, a camera interface 114, a sensorinterface 116, an image
`
`processing module 118, a memory 120, and a display controller 122.
`
`CPU 112 receives and transmits required data, and executes programs.”)
`
`further comprising:
`
`-
`
`“judging whether a change has occurred in the second three-dimensional
`
`data of the sinall space corresponding io the third three-dimensional data
`
`already transmitted; and when the change has occurred, transmitiing, to the
`
`external device, fourth three- dimensional data that is at least part of the
`
`second three-dimensional dala in which the change has occurred” (para 0061
`
`~ “The vehicle condition sensor 140 (FIG. 4) measures the traveling amount
`
`and the moving direction of the vehicle 10 for the time interval At whenever
`
`necessary.”, para 0073 ~ “Only areas having same shapes (features) and
`
`locatedin close positions relative to the detected first and second three-
`
`dimensional object candidate areas are selected..”. para 0120 ~ “it can be
`
`understand that the vehicle 10 can move toward the other vehicle 11 until the
`
`vehicle 10 reaches at least the positions of the road surface grounding lines
`
`L1, L2, L3. The vehicle 10 may hit the other vehicle 11 when the vehicle 10 is
`
`movedto the other vehicle 11 beyond the road surface groundinglines L1,
`
`L2, L3°; para OO39 - “The vehicle condition sensor 140 calculates a moving
`
`direction and a moving amountof the vehicle 10 by sensing the behavior of
`
`the vehicle 10. The vehicle condition sensor 140 consists of a steering angle
`
`sensor and/or a distance sensor. The monitor 150 displays a processed result
`
`of the vehicle accessible and inaccessible range display 60 (FIG. 1)”
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 11
`
`lransmitied when the change has occurred,
`unterpreted as the info being
`
`
`the
`
`
`inaccessible range being the fourth three-dimensional data, acided by
`
`examiner}ae
`
`It would have been obvious to one of ordinary skill 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 Chizurn, in order to improve
`
`the safety of mulli-vehicle combined operalion and to avoid the collision, if the
`
`space between vehicies becomes equal or srnailer that the predetermined size of
`
`a small space.
`
`Regarding Claim 6: Shibata/Ohizumi combination discloses the three-
`
`dimensional dala creation method according to claim 5 (see the rejection for
`
`Claim 5}.
`
`Regarding the limitation “wherein the fourth three-cimensional data is more
`
`preferentially transmitted than the third three-dimensiaonal data”: it would have
`
`been obvious to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to prefer the transmission of the partial data than the whole
`
`amount, in order to reduce the amountof transmitted data and enhance the
`
`quality of such transmission.
`
`Regarding Claim 7: Shibata/Ohizumi combination discloses the three-
`
`dimensional data creation method according to claim 6 (see the rejection for
`
`Claim 6}.
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 12
`
`Regarding the limitation “wherein when the change fias occurred, the fourth
`
`three-dimensional data is transmitted before the third three-dimensional daia is
`
`transmitted”: it would have been obvious to one of ordinary skill in the art before
`
`the effective filing date of the claimed invention to transmit the partial amount of
`
`data before the whole amount transmission to achieve faster and morereliable
`
`communication with the external device and to improve the safety of vehicles’
`
`operation.
`
`Regarding Claim 8: Shibata/Ohizumi combination discloses the three-
`
`dimensional dala creation method according to claim 5 (see the rejection for
`
`Claim 5}.
`
`Regarding the limitation “wherein the fourth three-cimensional data indicates
`
`& difference bebween the second three-cimensional dala of the small space
`
`corresponding to the third three-dimensional cata already transmitted and the
`
`second three-dimensional data that has undergone ihe change’: it would have
`
`been obvious to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to transmit the partial amount of data before the whole
`
`amount transmission to use the difference between the second three-
`
`dimensional data of the small space corresponding to the third three-dimensional
`
`data already transmitted and the second three-dimensionaldata that has
`
`undergone the change asthe indicator of the change that took place.
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 13
`
`Regarding Claim 9: Shibata/Ohizumi combination discloses the three-
`
`dimensional dala creation method according to claim 2 (see the rejection for
`
`Claim 2}.
`
`Regarding the limitation “wherein in the transmitting, the third three-
`
`dimensional dala is nol transmulied when no dilerence is present between the
`
`third three-cimensional data of the srnall space and the first inree-dimensional
`
`data of ine small space”: it would have been obvious to one of ordinary skill in the
`
`art before the effective filing date of the claimed invention not to transmit the third
`
`three-dimensional data when no difference is present between the third three-
`
`dimensional data of the small space and the first three-dimensional data of the
`
`small space, since only changed data hasto be transmitted.
`
`Regarding Claim 10: Shibata/Ohizumi combination discloses the three-
`
`dimensional cata creation method according to claim 9 (see ihe reiectian for
`
`Giaim 9}.
`
`Shibata further discloses:
`
`-
`
`“wherein when no difference is present between the third three-dimensional
`
`data of the small soace and the first three-cdimensional data of the small
`
`space, information is transmitted to the external device, the information
`
`indicating thal no difference is present between the third three-cimensional
`
`data of the sinall space and the first ihree-dimensional data of the srnall
`
`space” (para 0025 — “a measurement value transmitting unit adapted to
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 14
`
`transmit a renewed three-dimensional measurement value (renewed value
`
`can mean both the difference in value and no difference in value, added by
`
`examiner) produced by the measurement value combining unit to outside’).
`
`Regarding Claim 11: Shibata/Ohizumi combination discloses the three-
`
`dimensional data creation method accorcing io claim 7 (see the rejection for
`
`Claim 1}.
`
`Shibata further discloses:
`
`-
`
`“wherethe information detected by the sensar is three-dimensional daia’”
`
`(para 0048 — “234 denotes a three-dimensional measurementunit (i.e.
`
`sensor, added by examiner)”; 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 measurementvalue receiving
`
`unit 236 with the three-dimensional measurement value acquired by the
`
`three-dimensional measuring unit 234’).
`
`Regarding Claim 12: Shibata discloses:
`
`-
`
`“A three-dimensional data creation device equipped in a mobile object, the
`
`three-cdimensional daia creation device comiprising:” (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
`
`

`

`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 15
`
`environment... a measurement value receiving unit adapted to receive a
`
`three-dimensional measurement value from outside; and a viewpoint
`
`converting unit adapted to convert the vehicle outside-image information...
`
`and to supply the converted information to the image combining unit’};
`
`“g sensor (para 0048 ~ “234 denotes a three-dimensional measurement unit
`
`(i.e. sensor, added by examiner)*}:
`
`“g receiver thal receives first three-dimensional data frorn an external device”
`
`{para GOGS — “an image receiving unit adapted to receive vehicle outside-
`
`image information from outside’}.
`
`-
`
`-
`
`-
`
`“create second three-dimensional data based on information detected by the
`
`sensor and the first three-cimensional data” (Fig. 9; 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 measurementvalue 261 (i.e. second
`
`three-dimensional data, added by examiner)’... with a three-dimensional
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`measurement value obtained by the three-dimensional measuring
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`instrument 231 (i.e. sensor, added by examiner) that performs a three-
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`dimensional measurement for an environment}", anc
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`-
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`“a transmitter that transmits, to the external device, the third three-
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`dimensional data” (para G066 - “The vehicle outside-image display
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`apparatus 201 receives the vehicle outside-image information 222 and the
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`three-dimensional measurementvalue 262(i.e. first three-dimensional data,
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`added by examiner), and transmits, to a further rearward vehicle, renewed
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`

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`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 16
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`vehicle outside-image information 221 (i.e. third three-dimensional data
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`added by examiner)’; Fig. 19; para G067 ~ “The wireless communication
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`interface 252 (i.e. communication unit, added by examiner) performs data
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`transmission/reception with the first vehicle A, which is a following vehicle’:
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`para QO68 — “The measurement value transmitting unit 235 transmits renewed
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`three-dimensional measurementvalue 2617 (i.e. third three-dimensional data,
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`added by examiner) produced by the measurement value combining unit 237,
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`to the third vehicle C through the wireless communication interface 251°}.
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`shibaia is silent or:
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`-
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`“g merrory configured to store a program: and a pracessor configured to
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`execute the program and control the three-dimensional data creation device;
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`extract third three- dimensional data that is part of the second three-
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`cimensional data from the secorid three- dimensional data, the third three-
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`dimensional data being three-dimensional data of a smal space having a
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`predetermined size and located a predetermined distance ahead of a current
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`position of the mobile object in a traveling direction of the mobile object’.
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`However, Ohizumi discloses:
`
`-
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`“ag merriory configured to store a program: and a pracessor configured to
`
`execute the program and control the three-dimensional data creation device”
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`{para 0040 — “ECU 110 includes CPU 112, a camera interface 114, a sensor
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`interface 116, an image processing module 118, a memory 120, and a display
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`controller 122. CPU 112 receives and transmits required data, and executes
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`programs;
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`

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`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 17
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`-
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`“extract third three-dimensional data thatis part of the second three-
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`dimensional data fram the second three- dimensional data” (Fig. 9A: para
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`0021 ~ “FIG. 9A is a viewillustrating the operation of a three-dimensional
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`object area extraction process’, Fig. 1; para 6038 ~ “As shownin FIG. 1, the
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`vehicle accessibility determiner 50 specifically includes a three-dimensional
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`object area extracting portion 50 a (i.e. third three-dimensional data, added by
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`examiner), a road surface projecting position calculating portion 50 b, and a
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`vehicle accessible space identifying portion 50 c (interpreted as the second
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`three-dimensional data, added by examiner). The three-dimensional object
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`area extracting portion 50 a extracts an area correspondingto the three-
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`dimensional object detected by the three-dimensional object detector 40 "},
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`-
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`“the third three-dimensional data being three-dimernsionai data of a small
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`space having a predetermined size and located a predetermined distance
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`ahead of a current position of the mobile cbolect in a traveling direction of the
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`mobile object” (para 0141 — “The vehicle accessibility
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`determiner 50 determines whether the vehicle 10 can accessto the inside of
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`the detected three-dimensional object or to a clearance among otherthree-
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`dimensionalobjects (interpreted as a small space, having a predetermined
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`size and located a predetermined cistance ahead of a current position of the
`
`mobile obiect in a traveling direction of the mobile obiect, added by
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`examiner). Accordingly, even if the three-dimensional object has a floating
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`area which does not contact the road surface, it can be detected whether the
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`

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`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 18
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`vehicle 10 can accessto the space or not. Therefore, it is possible to prevent
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`the vehicle 10 from hitting the three-dimensional object in advance’).
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`It would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention to modify a three-cdimensional data
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`creation method, disclosed by Shibata, as taught by Ohizumi, in order to improve
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`the safety of mult-vehicle combined operation and to avaid the collision, if the
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`space behween vehicles becomes equal or smailer thal the predetermined size of
`
`a small space.
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`Conclusion
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`The prior art made of record and notrelied upon is considered pertinent to
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`applicant's disclosure.
`
`US8886387 to Agarwal et al. (hereinafter ‘Agarwal’) discloses estimating multi-
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`vehicle motion, where a computing device may identify an object in an environmentof a
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`vehicle and receive three-dimensional point cloud depicting a view of the object.
`
`US9558584to Lo et al. (hereinafter ‘Lo’) discloses 3D position estimation of
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`objects and determining a three-dimensional (3D) location of a plurality of reference
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`points in an environment.
`
`US20080205706A1 to Hongo (hereinafter “Hongo”) discloses apparatus and
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`method for monitoring a vehicle’s surroundings.
`
`US20090268947A1 to Schaufter (hereinafter “Schaufter’) discloses a vehicle
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`environmental monitoring system based on a three-dimensional vector model.
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`

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`Application/Control Number: 16/299,564
`Art Unit: 2865
`
`Page 19
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`US20130202197A1 to Reeler et al. (hereinafter ‘Reeler’) discloses a system and
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`method for manipulating data having spatial coordinates.
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`US20140330479A1 to Dolgovet al. (hereinafter ‘Dolgov’) discloses the predictive
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`reasoning for controlling speed of a vehicle.
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`US20160297430A1 to Jones etal. (hereinafter ‘Jones’) discloses the collision
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`avoidance system.
`
`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).
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`A shortenedstatutory period for reply to this final action is set to expire THREE
`
`
`
`MONTHS from the mailing date of this action. In the eventafirst replyis filed within
`
`TWO MONTHS ofthe mailing date ofthis final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee 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
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`than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Lyudmila Zaykova-Feldman whose telephone number is
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`(469)295-9269. The examiner can normally be reached 8:30am CT - 5:30pm CT,
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`Mondaythrough Friday.
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`

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`Application/Control Number: 16/299,564
`Art Unit: 2865
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`Page 20
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the