Office Action 1: Non-Final Rejection (2024-11-18)
Rejection types: 101 - Patent-Eligible Subject Matter, 112 - Written Description/Enablement

CLAIMS:
What Is Claimed Is:
1\. A method for deriving a control variable for lateral guidance of a motor vehicle using images of at least one camera of the motor vehicle, wherein the at least one camera captures images of a roadway, the method comprising the following steps: projecting a traffic lane of the roadway to be followed onto the images; determining a travel trajectory of the motor vehicle in reference to the images based on a self-motion estimate and projecting the determined travel trajectory onto the images; and deriving a control variable for lateral guidance of the motor vehicle from a comparison between the traffic lane projected onto the images and the determined travel trajectory projected onto the images.
2\. The method according to claim 1, wherein the travel trajectory is determined using a single lane model and a ground plane estimate, the single lane model including an Ackermann model.
3\. The method according to claim 1, further comprising: determining various time constants for a collision between the traffic lane and the travel trajectory from the projected traffic lane and the projected travel trajectory, the control variable being derived as a projection in the images for at least a portion of the various points in time.
4\. The method according to claim 1, wherein the control variable is derived by a line-by-line comparison between the projected traffic lane and the projected travel trajectory.
5\. The method according to claim 1, further comprising: determining a trajectory vanishing point of the self-motion estimate is determined, and projecting the trajectory vanishing point onto the images as the travel trajectory; determining at least one lane vanishing point of the traffic lane and projecting the at least one lane vanishing point of the traffic lane onto the images; and wherein the control variable is derived by comparing the trajectory vanishing point and the at least one lane vanishing point.
6\. The method according to claim 5, wherein, for a curved traffic lane, for each of a plurality of points along the traffic lane, an respective associated lane vanishing point is determined, and the control variable is derived by comparing the respective associated lane vanishing points with the trajectory vanishing point.
7\. The method according to claim 1, wherein the traffic lane to be followed is determined from the images using road boundary features.
8\. The method according to claim 1, wherein the traffic lane to be followed is determined by determining a drivable surface and/or using a geographic map and/or using semantic segmentation and/or by a comparison with trajectories of other vehicles.
9\. A non-transitory computer-readable storage medium on which is stored a computer program for deriving a control variable for lateral guidance of a motor vehicle using images of at least one camera of the motor vehicle, wherein the at least one camera captures images of a roadway, the computer program, when executed by a computer or control device, causing the computer or control device to perform the following steps: projecting a traffic lane of the roadway to be followed onto the images; determining a travel trajectory of the motor vehicle in reference to the images based on a self-motion estimate and projecting the determined travel trajectory onto the images; and deriving a control variable for lateral guidance of the motor vehicle from a comparison between the traffic lane projected onto the images and the determined travel trajectory projected onto the images.
10\. A motor vehicle, comprising: at least one camera which, during operation, captures images of a roadway; and a control device communicatively connected to the at least one camera, wherein the control device is configured to derive a control variable for lateral guidance of a motor vehicle using images of the at least one camera of the motor vehicle, the control device configured to: projecting a traffic lane of the roadway to be followed onto the images; determine a travel trajectory of the motor vehicle in reference to the images based on a self-motion estimate and projecting the determined travel trajectory onto the images, and derive a control variable for lateral guidance of the motor vehicle from a comparison between the traffic lane projected onto the images and the determined travel trajectory projected onto the images.

OFFICE ACTION:
DETAILED ACTION
Notice of Pre-AIA  or AIA  Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-10 are currently pending in the application.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers filed on 04/21/2023 as required by 37 CFR 1.55.
Claim Objections
Claims 5, 6, and 10 are objected to because of the following informalities:
At claim 5 line 3 “is determined” should be omitted.
At claim 6 line 3 “an” should read --a--.
At claim 10 line 9 “projecting” should read --project--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA  the applicant regards as the invention.
Claim 3 recites the limitation “the various points in time” in line 6. There is insufficient antecedent basis for the limitation in the claim. For examination purposes the limitation “various time constants” at claim 3 line 2 has been considered as --various points in time--.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to mental processes and mathematical concepts without significantly more.
Regarding claim 1,
Step 2A prong 1: The claim recites:
The mental process of “projecting a traffic lane of the roadway to be followed onto the images”.
The mental process of “determining a travel trajectory of the motor vehicle in reference to the images based on a self-motion estimate and projecting the determined travel trajectory onto the images”.
The mental process of “deriving a control variable for lateral guidance of the motor vehicle from a comparison between the traffic lane projected onto the images and the determined travel trajectory projected onto the images”.
Step 2A prong 2: The claim recites:
The additional element of “at least one camera of the motor vehicle, wherein the at least one camera captures images of a roadway”.
These judicial exceptions are not integrated into a practical application because the element is recited at a high level of generality (i.e., as a general means of gathering images for use in the recited processing steps), and amounts to mere data gathering, which is a form of insignificant extra-solution activity.
Step 2B: The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because using a camera to collect images of a roadway is a well-understood, routine, and conventional activity in the field.
Claims 2-8 recite further mental and/or mathematical processes and no additional elements capable of integrating the recited judicial exceptions into a practical application or that are sufficient to amount to more than the judicial exceptions.
Regarding claim 9,
Step 2A prong 1: The claim recites:
The mental process of “projecting a traffic lane of the roadway to be followed onto the images”.
The mental process of “determining a travel trajectory of the motor vehicle in reference to the images based on a self-motion estimate and projecting the determined travel trajectory onto the images”.
The mental process of “deriving a control variable for lateral guidance of the motor vehicle from a comparison between the traffic lane projected onto the images and the determined travel trajectory projected onto the images”.
Step 2A prong 2: The claim recites:
The additional element of “a non-transitory computer-readable storage medium on which is stored a computer program”.
The additional element of “at least one camera of the motor vehicle, wherein the at least one camera captures images of a roadway”.
These judicial exceptions are not integrated into a practical application because 1) the storage medium amounts to mere instructions to apply the exceptions using a generic computer component which cannot integrate the judicial exceptions into a practical application, and 2) the camera is recited at a high level of generality (i.e., as a general means of gathering images for use in the recited processing steps), and amounts to mere data gathering, which is a form of insignificant extra-solution activity.
Step 2B: The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because 1) mere instructions to apply an exception using a generic computer component cannot provide an inventive concept, and 2) using a camera to collect images of a roadway is a well-understood, routine, and conventional activity in the field.
Regarding claim 10,
Step 2A prong 1: The claim recites:
The mental process of “projecting a traffic lane of the roadway to be followed onto the images”.
The mental process of “determining a travel trajectory of the motor vehicle in reference to the images based on a self-motion estimate and projecting the determined travel trajectory onto the images”.
The mental process of “deriving a control variable for lateral guidance of the motor vehicle from a comparison between the traffic lane projected onto the images and the determined travel trajectory projected onto the images”.
Step 2A prong 2: The claim recites:
The additional element of “at least one camera which, during operation, captures images of a roadway”.
The additional element of “a control device”.
These judicial exceptions are not integrated into a practical application because 1) the control device amounts to mere instructions to apply the exceptions using a generic computer component which cannot integrate the judicial exceptions into a practical application, and 2) the camera is recited at a high level of generality (i.e., as a general means of gathering images for use in the recited processing steps), and amounts to mere data gathering, which is a form of insignificant extra-solution activity.
Step 2B: The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because 1) mere instructions to apply an exception using a generic computer component cannot provide an inventive concept, and 2) using a camera to collect images of a roadway is a well-understood, routine, and conventional activity in the field.
These rejections may be overcome by amending claims 1, 9, and 10 to recite a step of “steering a motor vehicle according to the derived control variable” which would integrate the recited judicial exceptions into a practical application at step 2A prong 2. Support is found in Applicant’s original disclosure at pg. 15 lines 7-11.
Not Rejected Over Prior Art
Claims 1-10 are not rejected over prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 109624851 discloses projecting a traffic lane of the roadway to be followed onto a images of a camera (abstract lines 8-9) and determining a travel trajectory of the motor vehicle in reference to the images based on a self-motion estimate (abstract lines 4-6) and projecting the determined travel trajectory onto the images (abstract lines 6-7 and 9-10).

APPLICANT REBUTTAL: REMARKS
Claims 1-10 are pending in the present application. In view of the foregoing amendments and the following remarks, it is respectfully submitted that all the pending claims are allowable, and reconsideration is respectfully requested.
Applicant notes with appreciation the acknowledgement of the claim for foreign priority and the indication that all copies of the certified copies of the priority documents have been received.
The Office Action objects to claims 5, 6, and 10, rejects claim 3 under 35 U.S.C. § 112 as to definiteness, and rejected claims 1-10 under 35 U.S.C. § 101 as assertedly being directed to non-patentable subject matter. However, the claims have been amended herein without prejudice, thereby obviating these objections and rejections, so that the claims are in condition for immediate allowance. Withdrawal of the objections and rejections is therefore respectfully requested.
Applicant expressly reserves the right to pursue any previously presented claims and supported but as yet unclaimed subject matter in a subsequent patent application claiming the benefit of priority of the present application. Further, nothing in the prosecution of the present application should be construed as a concession or an intent to concede any issue with regard to any claim, except as specifically stated, and the amendment of any claim during prosecution of the present application does not signify concession of unpatentability of the claim prior to the amendment of the claim. Additionally, Applicant makes no admissions that any of the cited references or any other reference of record constitutes prior art or is relevant to any of the claims of the present application or any subsequent patent application claiming the benefit of priority of the present application.
Additionally, a disclaimer of claim scope made during prosecution can be rescinded permitting recapture of the disclaimed scope, where the prosecution history is sufficiently clear to inform the examiner that the previous disclaimer, and the prior art that it was made to avoid, may need to be re-visited. See Hakim v. Cannon Avent Group, PLC, et al., Fed. Cir. 05-1398 (2007). To the extent that any amendments or arguments made in the present application can be interpreted as a disclaimer of subject matter, Applicant no longer intends to be limited to the elements added to the claims or the arguments made in order to expedite prosecution, hereby expressly rescinds
any such disclaimer, and respectfully submits that any such disclaimer is not to be read into or against any other pending or related application; and any disclaimer that may have occurred during the prosecution of the present application is hereby expressly rescinded as regards any subsequently filed continuation application.
In view of the foregoing, it is respectfully submitted that all of the presently pending claims are in condition for allowance. All issues raised having been addressed, it is therefore respectfully requested that the objections and rejections be withdrawn, and prompt reconsideration and allowance of the present application are therefore earnestly solicited. Additionally, Applicant does not acquiesce to the Office's characterizations of the claim language or of any cited reference, and reserves the right to challenge any such characterizations in the future. The Examiner is invited to contact the undersigned attorney at the telephone number listed below if such a call would in any way facilitate allowance of this application.
Respectfully submitted,

NEXT OFFICE ACTION: 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 .
EXAMINER’S AMENDMENT
An examiner’s amendment to the record appears below. Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee.
Authorization for this examiner’s amendment was given in an interview with Aaron Grunberger on 03/03/2025.
The application has been amended as follows:
In the claims:
At claim 9 line 4 “metho” should read --method--.
Allowable Subject Matter
Claims 1-10 are allowed.
The following is an Examiner’s statement of reasons for allowance:
WANG (CN 109624851) is the closest prior art of record.
Regarding claim 1, WANG discloses a method for a motor vehicle performed using images of a roadway captured by at least one camera of the motor vehicle (abstract, line 4), the method comprising the following steps:
projecting a traffic lane of the roadway to be followed onto the images (abstract, lines 8-10);
determining a travel trajectory of the motor vehicle in reference to the images based on a self-motion estimate (implied abstract, lines 4-6); and
projecting the determined travel trajectory onto the images (abstract, lines 4-7).
The prior art fails to teach or render obvious the limitation “deriving a control variable from a comparison between the traffic lane projected onto the images and the determined travel trajectory projected onto the images; and controlling a lateral guidance of the motor vehicle based on the derived control variable” in the manner defined in claim 1.
Regarding claim 9, WANG discloses a non-transitory computer-readable storage medium on which is stored a computer program that is executable by a computer or control device and that, when executed by the computer or control device, causes the computer or control device to perform a method for a motor vehicle (implied, pg. 5 lines 9-11), the method being performed using images of a roadway captured by at least one camera of the motor vehicle (abstract, line 4), the method comprising the following steps:
projecting a traffic lane of the roadway to be followed onto the images (abstract, lines 8-10);
determining a travel trajectory of the motor vehicle in reference to the images based on a self-motion estimate (implied abstract, lines 4-6);
projecting the determined travel trajectory onto the images (abstract, lines 4-7).
The prior art fails to teach or render obvious the limitation “deriving a control variable from a comparison between the traffic lane projected onto the images and the determined travel trajectory projected onto the images; and controlling a lateral guidance of the motor vehicle based on the derived control variable” in the manner defined in claim 9.
Regarding claim 10, WANG discloses a motor vehicle, comprising: at least one camera which, during operation, captures images of a roadway (abstract, line 4); and a control device communicatively connected to the at least one camera (implied, pg. 5 lines 9-11), wherein the control device is configured to:
project a traffic lane of the roadway to be followed onto the images (abstract, lines 8-10);
determine a travel trajectory of the motor vehicle in reference to the images based on a self-motion estimate (implied abstract, lines 4-6);
project the determined travel trajectory onto the images (abstract, lines 4-7).
The prior art fails to teach or render obvious the limitation “derive a control variable from a comparison between the traffic lane projected onto the images and the determined travel trajectory projected onto the images; and control a lateral guidance of the motor vehicle based on the derived control variable” in the manner defined in claim 10.
Any comments considered necessary by Applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled Comments on Statement of Reasons for Allowance.
Conclusion

CITED REFERENCE SUMMARIES: Ref CN109624851A: [content unavailable]
Ref CN109624851: Claims:
1. a kind of auxiliary driving method based on augmented reality, which is characterized in that the method is applied to vehicle assistant drive system
System, the headstock and the tailstock of the vehicle are equipped with camera, the described method comprises the following steps:
According to the intrinsic parameter and outer parameter of the headstock of the vehicle obtained in advance and the camera of the tailstock, world coordinate system and figure are established
As the corresponding relationship between coordinate system；
The headstock of the vehicle or the camera of the tailstock collect lane line image, and/or obstructions chart as when, according to described
Corresponding relationship between the travel speed of vehicle, body width, steering wheel angle, the world coordinate system and image coordinate system,
The wheel trochoid of the vehicle is drawn in described image coordinate system；
According to the corresponding relationship between the world coordinate system and image coordinate system, sat using augmented reality method in described image
Lane line stereo marker, and/or barrier stereo marker are drawn in mark system；
By the wheel trochoid of the vehicle, the lane line stereo marker, and/or barrier stereo marker are presented to use
Family.
2. the auxiliary driving method according to claim 1 based on augmented reality, which is characterized in that described according to the generation
Corresponding relationship between boundary's coordinate system and image coordinate system draws lane in described image coordinate system using augmented reality method
Include: before the step of DNA mitochondrial DNA marker, and/or barrier stereo marker
Judge whether the lane line, and/or barrier are less than or equal to pre-determined distance at a distance from the vehicle；
If so, executing according to the corresponding relationship between the world coordinate system and image coordinate system, using augmented reality method
The step of lane line stereo marker, and/or barrier stereo marker are drawn in described image coordinate system.
3. the auxiliary driving method according to claim 2 based on augmented reality, which is characterized in that described if so, holding
Row is according to the corresponding relationship between the world coordinate system and image coordinate system, using augmented reality method in described image coordinate
The step of drafting barrier stereo marker, includes: in system
Whether the camera of the headstock or the tailstock that judge the vehicle collects more than two obstructions chart pictures；
If the headstock of the vehicle or the camera of the tailstock collect more than two obstructions chart pictures, according to the world coordinates
Corresponding relationship between system and image coordinate system is drawn in described image coordinate system and the vehicle using augmented reality method
Barrier stereo marker apart from nearest barrier.
4. the auxiliary driving method according to claim 1 based on augmented reality, which is characterized in that described in the vehicle
The tailstock camera collect lane line image, and/or obstructions chart as when, according to the travel speed of the vehicle, vehicle body
Corresponding relationship between width, steering wheel angle, the world coordinate system and image coordinate system, draws in described image coordinate system
The step of making the wheel trochoid of the vehicle include:
The camera of the tailstock of the vehicle collect lane line image, and/or obstructions chart as when, analyze the vehicle
The camera acquired image of the tailstock；
If the camera acquired image of the tailstock include lane line image, and/or obstructions chart as when, execute basis
Corresponding pass between the travel speed of the vehicle, body width, steering wheel angle, the world coordinate system and image coordinate system
The step of being, the wheel trochoid of the vehicle drawn in described image coordinate system；
If the camera acquired image of the tailstock of the vehicle includes park bit image, lane line image, and/or barrier
When image, then trajectory line of parking is established, and/or, according to the corresponding relationship between the world coordinate system and image coordinate system, adopt
Parking position stereo marker is drawn in described image coordinate system with augmented reality method, and according to the traveling of vehicle speed
Corresponding relationship between degree, body width, steering wheel angle, the world coordinate system and image coordinate system is sat in described image
The wheel trochoid of the vehicle is drawn in mark system.
5. the auxiliary driving method according to claim 1 based on augmented reality, which is characterized in that described in the vehicle
Headstock camera collect lane line image, and/or obstructions chart as when, according to the travel speed of the vehicle, vehicle body
Corresponding relationship between width, steering wheel angle, the world coordinate system and image coordinate system, draws in described image coordinate system
The step of making the wheel trochoid of the vehicle include:
The camera of the headstock of the vehicle collect lane line image, and/or obstructions chart as when, analyze the vehicle
The camera acquired image of headstock；
If the camera acquired image of the headstock include lane line image, and/or obstructions chart as when, execute basis
Corresponding pass between the travel speed of the vehicle, body width, steering wheel angle, the world coordinate system and image coordinate system
The step of being, the wheel trochoid of the vehicle drawn in described image coordinate system；
If the camera acquired image of the headstock of the vehicle includes the image of other vehicles, lane line image, and/or barrier
When hindering object image, then according to the corresponding relationship between the world coordinate system and image coordinate system, existed using augmented reality method
Other motor vehicle space markers are drawn in described image coordinate system, and according to the travel speed of the vehicle, body width, direction
Corresponding relationship between disk corner, the world coordinate system and image coordinate system, draws the vehicle in described image coordinate system
Wheel trochoid.
6. the auxiliary driving method according to claim 1 based on augmented reality, which is characterized in that described in the vehicle
Headstock camera collect obstructions chart as when, according to the travel speed of the vehicle, body width, steering wheel angle,
Corresponding relationship between the world coordinate system and image coordinate system draws the driving of the vehicle in described image coordinate system
After the step of trajectory line further include:
Judge that the collected obstructions chart of the camera of the headstock of the vehicle seems no including headstock diagonally forward obstructions chart picture；
If so, obtaining the barrier of headstock at a distance from headstock and diagonally forward barrier is respectively at a distance from vehicle two sides；
According to the wheel trochoid of the vehicle, the headstock barrier at a distance from headstock and diagonally forward barrier point
Driving auxiliary line is drawn not at a distance from vehicle two sides；
The wheel trochoid by the vehicle, the lane line stereo marker, and/or barrier stereo marker are presented
Include: to the step of user
By the driving auxiliary line of the vehicle, the lane line stereo marker, and/or barrier stereo marker are presented to use
Family.
7. the auxiliary driving method according to claim 1 based on augmented reality, which is characterized in that described in the vehicle
The tailstock camera collect obstructions chart as when, according to the travel speed of the vehicle, body width, steering wheel angle,
Corresponding relationship between the world coordinate system and image coordinate system draws the driving of the vehicle in described image coordinate system
After the step of trajectory line further include:
The barrier of the tailstock is obtained at a distance from the tailstock；
By the barrier of the tailstock at a distance from the tailstock compared with pre-determined distance pair；
If the barrier of the tailstock is less than or equal to the pre-determined distance at a distance from the tailstock, according to the wheelpath of the vehicle
Line, the tailstock barrier drawn at a distance from the tailstock driving auxiliary line；
The wheel trochoid by the vehicle, the lane line stereo marker, and/or barrier stereo marker are presented
Include: to the step of user
By the driving auxiliary line of the vehicle, the lane line stereo marker, and/or barrier stereo marker are presented to use
Family.
8. the auxiliary driving method based on augmented reality described in -7 any one according to claim 1, which is characterized in that described
According to the intrinsic parameter and outer parameter of the headstock of the vehicle obtained in advance and the camera of the tailstock, establishes world coordinate system and image is sat
Mark system between corresponding relationship the step of include:
The headstock of the vehicle and the camera of the tailstock are demarcated using gridiron pattern, obtain the headstock and the tailstock of the vehicle
Camera intrinsic parameter and outer parameter.
9. a kind of DAS (Driver Assistant System) based on augmented reality, which is characterized in that headstock and the tailstock including being installed on vehicle
Camera, memory, processor and the computer program being stored on the memory, the computer program is by the place
The step of realizing the method as described in claim 1-8 any one when managing device operation.
10. a kind of computer readable storage medium, which is characterized in that be stored on the computer readable storage medium based on increasing
The auxiliary piloting procedure of strong reality, is realized when the auxiliary piloting procedure based on augmented reality is run by processor as right is wanted
The step of seeking method described in 1-8 any one.