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Amin, Turocy & WatsonIntellectual Property

Autonomous Vehicles

The basic maneuvers are prior art; the claim lives in the circumstance.

Following a lead vehicle, holding a lane, changing lanes and parking are long established in the prior art, and an examiner in this field has a dense record of earlier systems to combine. What reaches allowance is usually a specific driving situation paired with the specific control it calls for, explained in the specification well enough to show why the known systems would not have reached it. Finding that pairing, and drafting to it, is where the work is.

Published patents in this area
398
Professionals
10

We draft and prosecute patent applications on vehicle drive control: speed, acceleration and passing control, lane keeping and lane changes, collision avoidance and warning, automated driving and the transitions between driving modes, and the recognition of surroundings and trajectory generation that feed them. The work extends to route planning, navigation, map generation and localization; parking assistance and parking-space detection; traffic management and cooperative communication between vehicles and other road users; remote operation of vehicles; driving evaluation; in-vehicle agents that interact with occupants; and the navigation and management of drones.

The boundary of this area is drawn by what the claim controls. A trained model is claimed here through the control it produces — the trajectory, the lane change, the stop — while the model architecture itself belongs to AI & Machine Learning. Electric powertrains, energy consumption and charging are Green Technologies; the circuits inside sensors and controllers are Semiconductors & Electronics; securing vehicle sensors and authenticating drones is Cybersecurity; the vehicle's mechanical systems are Mechanical & Materials; manipulators and robot control are Robotics. When an invention straddles one of those lines, as a learned trajectory planner does, the claims are written so that the control contribution and the model contribution each stand on their own.

The circumstance is the invention

An examiner can assemble most driver assistance claims from systems already in the record: one reference that recognizes the lane, another that changes lanes, a third that warns of a collision. Under KSR, combining familiar elements by known methods is likely obvious when it yields only predictable results. What usually survives is the pairing of a particular driving circumstance — a branch in the road, the geometry of a lane marking, an obstacle beside the vehicle at low speed, a driver request the control should moderate — with the control response that circumstance calls for.

That pairing has to be explained in the specification, not merely recited in the claim. The argument against a combination of references is built from the application's own account of why the known approach fails in that circumstance and what the claimed response does about it; a specification that describes the control and never the problem leaves the claim to rest on attorney argument alone. A claim tied to one circumstance is also easy to avoid, so the protection comes from a family of applications covering the circumstances a competitor's system will actually encounter.

The device claim and Section 112(f)

Vehicle control applications are commonly filed with parallel independent claims to a device, a method, and a storage medium, each reciting the same steps. The device claim is the exposed one. Written as a series of units each configured to perform a function — a recognition unit, a determination unit, a control unit — it can fall under Section 112(f) even though the word "means" never appears: since Williamson the presumption against that treatment is no longer a strong one, and a unit defined only by what it does names no structure. The claim then covers only the structure the specification discloses for each function, and its equivalents; for a function a computer performs, that structure is the algorithm, and a specification that shows a labeled box with no algorithm behind it leaves the claim indefinite.

Examiners are directed to identify these limitations and state the interpretation on the record, and the response is a decision about scope, not a formality: accept the construction, or amend to recite structure — the processor and memory that carry out the steps. The specification decides either way, which is why each functional unit needs its algorithm written out — the conditions, the thresholds, the order of the determinations — in the text and the flowcharts. The method and storage-medium claims are ordinarily not construed under Section 112(f), so without that care the device claim can end up narrower than the method claim filed beside it.

Evidence

Patents we drafted in this area

Patents the firm prosecuted, drawn from its own published listing and from the USPTO's attorney-of-record index. A record, not a claim.
All patent listings
  • 12,724,428Work region setting device, work region setting system, work region setting method, and storage medium
  • 12,722,665Vehicle control device, method, and storage medium for switching a driving mode based on road line angle, distance, and region
  • 12,722,636Vehicle control device, vehicle control method, and storage medium
  • 12,715,432Mobile object control device, mobile object control method, and storage medium
  • 12,710,287Drone pre-mapping
  • 12,699,393Image processing device, image processing method, and storage medium
  • 12,697,977Device for controlling mobile object and method for controlling mobile object
  • 12,693,679Control device, control method, and program

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