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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
`
`16/283,200
`
`02/22/2019
`
`Tadamasa TOMA
`
`2019-0270A
`
`1070
`
`CP
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`JIMENEZ, ANTHONY R
`
`2833
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/29/2021
`
`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*
`1-15 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-15 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* 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) The drawing(s) filed on 02/22/2019 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)Z) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)X) All
`1.2 Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) 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)
`
`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
`Other: Foreign Reference
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210324
`
`Application No.
`Applicant(s)
`16/283,200
`TOMAetal.
`
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`
`ANTHONYRJIMENEZ 2833 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 02/22/2019.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)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: 16/283,200
`Art Unit: 2833
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`Claims 1-15 are pending in the current application. The present application is
`
`being examined under the AIA first to invent provisions.
`
`Claim Objections
`
`2.
`
`Regarding Claim 1, line 8,
`
`it appears the term “on” should be changed to “on the”.
`
`Claim Rejections - 35 USC § 112
`
`3.
`
`The following is a quotation of 35 U.S.C. 112(b):
`
`(B) CONCLUSION. - The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`4.
`
`Claims 1-14 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to
`
`particularly point out and distinctly claim the subject matter which the inventor or a joint
`
`inventor regards asthe invention.
`
`5.
`
`Specifically, Claim 1 is rejected sinceit is not clear what is meant by the term “three
`
`dimensional position information’.
`
`6.
`
`7.
`
`Regarding Claim 1, line 7,
`
`it is not clear what is meant by the term “abnormal”.
`
`Regarding Claim 1, line 11, it is not clear what is meant by the language “coping
`
`operation to cope with’.
`
`8.
`
`Regarding Claim 2, line 4,
`
`it is not clear what is meant by the language “random
`
`access units’.
`
`9.
`
`Regarding Claim 2,
`
`lines 4-5,
`
`it
`
`is not clear what is meant by the language
`
`“assemble of at least one subspace’.
`
`10.
`
`11.
`
`Regarding Claim 4, line 3,
`
`it is not clear what is meant by the term “judging”.
`
`Regarding Claim 4, line 6,
`
`it is not clear what is meant by the term “unobtainable”.
`
`

`

`Application/Control Number: 16/283,200
`Art Unit: 2833
`
`Page 3
`
`12.
`
`13.
`
`Regarding Claim 5, line 7, it is not clear what is meant by the term “poor”.
`
`Claim 10 is rejected sinceit is not clear what is meant by the term “integrity” recited
`
`in line 4.
`
`14.
`
`Regarding Claim 15,
`
`it
`
`is not clear what
`
`is meant by the terms “obtainer,”
`
`“generator,” “judgement unit,” “determiner,” and “operation controller’.
`
`15.
`
`Regarding Claim 15, lines 11-12,
`
`it is not clear what is meant by the language
`
`“coping operation to cope with’.
`
`16.
`
`Regarding Claim 15, line 11,
`
`it is not clear what is meant by the language “judged
`
`to be abnormal’.
`
`Claim Rejections - 35 USC § 102
`
`17.
`
`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 madein this Office action:
`
`A person shall be entitled to a patent unless —
`
`(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 waseffectively filed
`before the effectivefiling date of the claimed invention.
`
`18.
`
`Claims 1, 3, and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated
`
`by Kai-Wei Cheng etal (“Tne Performance Analysis of a Real-Time Integrated INS/GPS
`
`Vehicle Navigation System with Abnormal GPS Measurement Elimination’, SENSORS,
`
`vol. 13, no. 8, August 15, 2013, pp. 10599-10622, identified in the IDS submitted August
`
`5, 2019, hereinafter “Cheng’).
`
`19.
`
`Specifically, regarding Claim 1, Cheng discloses a three-dimensional information
`
`processing method, comprising: obtaining, via a communication channel, map data (map
`
`database information, FIG. 7) that includesfirst three-dimensional position information (p.
`
`

`

`Application/Control Number: 16/283,200
`Art Unit: 2833
`
`Page 4
`
`494,
`
`second paragraph, FIG. 5), generating second three-dimensional position
`
`information from information detected by a sensor (accelerometer and gyroscope data,
`
`p. 494,
`
`third paragraph, FIG. 7), judging whether one of the first three-dimensional
`
`position information and the second three-dimensional position information is abnormal
`
`by performing, on one of the first three-dimensional position information and the second
`
`three-dimensional position information, a process of judging whether an abnormality is
`
`present
`
`(p. 493,
`
`the last 3 lines), determining a coping operation to cope with the
`
`abnormality when one ofthe first three-dimensional position information and the second
`
`three-dimensional position information is judged to be abnormal
`
`(“error detection
`
`procedure”, p. 494, second paragraph, and “corrections” in FIG. 7), and executing a
`
`control that is required to perform the coping operation (execution of the EKF; FIG. 5).
`
`20.
`
`Regarding Claim 3, Cheng discloses that the first three-dimensional position
`
`information is data obtained by encoding keypoints, each of which has an amount of a
`
`three-dimensional feature greater than or equal to a predetermined threshold (p. 495,
`
`second to the last paragraph, via correction of EKF solution height errors).
`
`21.
`
`Claim 15 is directed to a device but includes the same scopeoflimitations as those
`
`of Claim 1 and is rejected for the same reasons as those shown abovewith respect to
`
`Claim 1.
`
`Claim Rejections - 35 USC § 103
`
`22.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections setforth 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 of thistitle, 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
`
`

`

`Application/Control Number: 16/283,200
`Art Unit: 2833
`
`Page 5
`
`to which the claimed invention pertains.
`in the art
`a person having ordinary skill
`Patentability shall not be negated by the manner in which the invention was mace.
`
`23.
`
`Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng in view
`
`of Suganuma et al. (U.S. Pat. Publ. No. 2010/0324752, hereinafter “Suganuma’).
`
`24.
`
`Cheng discloses substantially all of the limitations of the present invention, but
`
`does not disclose the claimed units.
`
`25.
`
`However, Suganuma disclosesfirst three-dimensional position information [that]
`
`includes a plurality of random access units, each of which is an assembly of at least one
`
`subspace and is individually decodable,
`
`the at
`
`least one subspace having three-
`
`dimensional coordinates information and serving as a unit in which eachof the plurality
`
`of random accessunits is encoded (FIG. 5, J [0060], [0061]).
`
`26.
`
`‘Thus,
`
`it would have been obvious to one of ordinary skill
`
`in the art before the
`
`effective filing date of the claimed invention to combine the teachings of Suganuma with
`
`the method of Cheng to acquire gradient values at a high density while assuring the
`
`accuracy thereof.
`
`27.
`
`Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Cheng in view of Yeshodara et al. (“Cloud Based Self Driving Cars’, IEEE International
`
`Conference on Cloud Computing in Emerging Markets (CCEM), XP032726694, October
`
`2014, pp. 1-7,
`
`identified in the IDS submitted January 9, 2020, hereinafter “Yeshodara’).
`
`28.
`
`Cheng discloses substantially all of the limitations of the present invention, but
`
`does notdisclose the claimed judging.
`
`29.
`
`However, Yeshodara discloses (i)
`
`judging whether the first three-dimensional
`
`position information is obtainable via the communication channel, and when the first
`
`

`

`Application/Control Number: 16/283,200
`Art Unit: 2833
`
`Page 6
`
`three-dimensional position information is unobtainable via the communication channel,
`
`judging the first three-dimensional position information to be abnormal (Section IV, the
`
`last two sentences), and (ii) estimating a location of a mobile object having the sensor by
`
`use of the first three-dimensional position information and the second three-dimensional
`
`position information, wherein the judging includes predicting whether the mobile object
`
`will enter an area in which communication conditions are poor, and in the executing of the
`
`control, the mobile object obtains the first three-dimensional position information before
`
`entering the area in which the communication conditions are poor, when the mobile object
`
`is predicted to enter the area (Section Il, the first and third paragraphs, Section IV, the
`
`last two sentences).
`
`30.
`
`Thus,
`
`it would have been obvious to one of ordinary skill
`
`in the art before the
`
`effective filing date of the claimed invention to combine the teachings of Yeshodara with
`
`the method of Cheng to ensure accurate offline vehicle navigation.
`
`31.
`
`Claim 6 is
`
`rejected under 35 U.S.C. 103 as being unpatentable over the
`
`combination of Cheng and Yeshodara in view of Mutsumi et al. (Japanese Pat. No.
`
`JP2001153675A, hereinafter “Mutsumi”).
`
`32.
`
`The combination of Cheng and Yeshodara discloses substantially all of the
`
`limitations of the present invention, and Yeshodarafurther discloses that the first three-
`
`dimensional position information is unobtainable via the communication channel (Section
`
`IV, second paragraph, the last two sentences), but does not disclose the claimed range.
`
`

`

`Application/Control Number: 16/283,200
`Art Unit: 2833
`
`Page 7
`
`33.|However, Mutsumi discloses obtaining, via a communication channel, third three-
`
`dimensional position information having a narrower range than a range offirst three-
`
`dimensional position information (Abstract).
`
`34.
`
`Thus,
`
`it would have been obvious to one of ordinary skill
`
`in the art before the
`
`effective filing date of the claimed invention to combine the teachings of Yeshodara with
`
`the method of Cheng to utilize a limited data range when positional
`
`information is
`
`unobtainable to minimize location errors.
`
`35.
`
`Claim 7 is
`
`rejected under 35 U.S.C. 103 as being unpatentable over
`
`the
`
`combination of Cheng and Yeshodara in view of Hirsch et al.
`
`(EP 2 541 203 Al,
`
`hereinafter “Hirsch’).
`
`36.
`
`The combination of Cheng and Yeshodara discloses substantially all of the
`
`limitations of the present invention, and estimating a location of a mobile object having
`
`the sensor by useofthe first three-dimensional position information and the second three-
`
`dimensional position information (p. 493, the last sentence, FIG. 2), but does not disclose
`
`the claimed estimating.
`
`37.
`
`However, Hirsch discloses wherein the executing of the control includes obtaining,
`
`via the communication channel, map data including two-dimensional position information,
`
`when the
`
`first
`
`three-dimensional position
`
`information
`
`is unobtainable via
`
`the
`
`communication channel, and estimating the location of the mobile object having the
`
`sensor by use of
`
`the two-dimensional position information and the second three-
`
`dimensional position information (Abstract, 4 [0008]).
`
`

`

`Application/Control Number: 16/283,200
`Art Unit: 2833
`
`Page 8
`
`38.
`
`Thus,
`
`it would have been obvious to one of ordinary skill
`
`in the art before the
`
`effective filing date of the claimed invention to combine the teachings of Hirsch with the
`
`method of Cheng and Yeshodara to prevent a compounding of a location error during
`
`periods of unobtained position information.
`
`39.
`
`Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over the
`
`combination of Cheng, Yeshodara, and Hirsch in view of Lee et al.
`
`(U.S. Pat. No.
`
`8,996,273, hereinafter “Lee’).
`
`40.
`
`The combination of Cheng, Yeshodara, and Hirsch discloses substantially all of
`
`the limitations of the present invention, but does not disclose the claimed operation.
`
`41.
`
`However, Lee discloses performing automatic operation of the mobile object by
`
`use of the location having been estimated, wherein the judging further includes judging
`
`whether to perform the automatic operation of the mobile object (via a target speedprofile)
`
`by use of the location of the mobile object, based on an environment in which the mobile
`
`object is traveling, the location having been estimated by use of the two-dimensional
`
`position information and the second three-dimensional position information (col. 5, Il. 14-
`
`33), and as recited in Claim 8, and(ii) performing automatic operation of the mobile object
`
`by use of the location having been estimated (col. 5, Il. 14-33), wherein the executing of
`
`the control includes switching a mode of the automatic operation to another based on an
`
`environmentin which the mobile objectis traveling (e.g., a low speedlimit or a high speed
`
`limit environment; col. 5, Il. 14-33), as recited in Claim 9.
`
`45.
`
`Thus,
`
`it would have been obvious to one of ordinary skill
`
`in the art before the
`
`effective filing date of the claimed invention to combine the teachings of Lee with the
`
`

`

`Application/Control Number: 16/283,200
`Art Unit: 2833
`
`Page 9
`
`method of Cheng, Yeshodara, and Hirsch to adjust a travel speed responsively to
`
`upcoming changes in road conditions in a safe and comfortable manner.
`
`42.
`
`Claims 10, 11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over the Cheng in view of Lee et al. (U.S. Pat. No. 8,996,273, hereinafter “Lee”).
`
`43.
`
`Cheng discloses substantially all of the limitations of the present invention, but
`
`does notdisclose the claimed operation.
`
`44.
`
`However, Lee discloses (i) wherein the judging includes judging whether the first
`
`three-dimensional position information has integrity, and when the first three-dimensional
`
`position information has no integrity,
`
`judging the first
`
`three-dimensional position
`
`information to be abnormal (inherently disclosed when the map data is lost and the back-
`
`up mode is employed, an integrity or abnormal determination is performed prior to mode
`
`employment; col. 5, Il. 14-24), as recited in Claim 10, and(ii) that the judging includes
`
`judging whether a data accuracy is higher than or equal to a reference value, and when
`
`the data accuracyis not higher than or equal to the reference value, judging the second
`
`three-dimensional position information to be abnormal,
`
`the data accuracy being an
`
`accuracy of the second three-dimensional position information having been generated
`
`(inherently disclosed when the GPSsignal is lost and the back-up mode is employed, an
`
`integrity or abnormal signal determination is performed prior to mode employment; col. 5,
`
`Il. 14-24), as recited in Claim 11.
`
`45.
`
`Thus,
`
`it would have been obvious to one of ordinary skill
`
`in the art before the
`
`effective filing date of the claimed invention to combine the teachings of Lee with the
`
`

`

`Application/Control Number: 16/283,200
`Art Unit: 2833
`
`Page 10
`
`method of Cheng to adjust a travel speed responsively to upcoming changes in road
`
`conditions in a safe and comfortable manner.
`
`46.
`
`Regarding Claim 13, Cheng discloses substantially all of the limitations of the
`
`present invention, and Yeshodara further discloses estimating a location of a mobile
`
`object having the sensor by useofthe first three-dimensional position information and the
`
`second three-dimensional position information, and performing automatic operation of the
`
`mobile object by use of the location having been estimated (Section IV, the last two
`
`sentences), but does not disclose the claimed switching.
`
`47.
`
`However, Lee discloses that the executing of the control includes switching a mode
`
`of the automatic operation to another when the data accuracy of the second three-
`
`dimensional position information having been generated is not higher than or equalto the
`
`reference value (e.g., as indicated by the lost GPS signal; col. 5, Il. 33). Thus, it would
`
`have been obvious to one of ordinary skill in the art before the effective filing date of the
`
`claimed invention to combine the teachings of Lee with the method of Cheng to adjust a
`
`travel speed responsively to upcoming changes in road conditions in a safe and
`
`comfortable manner.
`
`48.
`
`Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over the
`
`combination of Cheng and Lee in view of Salman et al.
`
`(U.S. Pat. Publ. No.
`
`2007/0067078, hereinafter “Salman’).
`
`49.
`
`The combination of Cheng and Leediscloses substantially all of the limitations of
`
`the present invention, but does not disclose the claimed operation.
`
`

`

`Application/Control Number: 16/283,200
`Art Unit: 2833
`
`Page 11
`
`50.
`
`However, Salman discloses generating fourth
`
`position
`
`information
`
`from
`
`information detected by an alternative sensor (secondary sensor) different from the
`
`sensor (primary sensor), when the data accuracy of the second position information
`
`having been generated is not higher than or equal to the reference value (i.e., a fixed
`
`threshold; { [001 1)).
`
`51.
`
`Thus,
`
`it would have been obvious to one of ordinary skill
`
`in the art before the
`
`effective filing date of the claimed invention to combine the teachings of Salman with the
`
`method of Cheng and Leeto execute control when three-dimensional position information
`
`from a first sensor is inadequate to ensure accurate routing information is processed
`
`during control execution.
`
`52.
`
`Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over the
`
`combination of Cheng and Lee in view of Ferguson et al. (U.S. Pat. No. 10,724,865,
`
`hereinafter “Ferguson’).
`
`53.|The combination of Cheng and Lee discloses substantially all of the limitations of
`
`the present invention, but does not disclose the claimed executing.
`
`54.|However, Ferguson discloses calibrating an operation of the sensor, when the data
`
`accuracy of second three-dimensional position information having been generated is not
`
`higher than or equal to the reference value (a reference value indicating locations of
`
`objects determined by the sensors do not match the locations of the same objects as
`
`specified by the mapsreceived; col. 4, Il. 26-42).
`
`55.
`
`Thus,
`
`it would have been obvious to one of ordinary skill
`
`in the art before the
`
`effective filing date of the claimed invention to combine the teachings of Ferguson with
`
`

`

`Application/Control Number: 16/283,200
`Art Unit: 2833
`
`Page 12
`
`the method of Cheng and Lee to execute control when three-dimensional position
`
`information from a first sensor is inadequate to adjust a sensor to accurately reflect
`
`position information.
`
`Conclusion
`
`56.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ANTHONYR. JIMENEZ whosetelephone number is 313-
`
`446-6518. The examiner can normally be reached Monday through Thursday, 1030am -
`
`9pm.
`
`57.—If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Renee Luebke, can be reached at (571) 272-2009. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`58.—Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval
`
`(PAIR) system.
`
`Status information for published
`
`applications may be obtained from either Private PAIR or Public PAIR. Status information
`
`for unpublished applications is available through Private PAIR only. For more information
`
`about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on
`
`accessto the Private PAIR system, contact the Electronic Business Center (EBC) at 866-
`
`217-9197 (toll-free).
`
`If you would like assistance from a USPTO Customer Service
`
`Representative or access to the automated information system, call 800-786-9199 (IN
`
`USA OR CANADA)or 571-272-1000.
`
`/ANTHONY R JIMENEZ/
`Primary Examiner, Art Unit 2833
`
`